1. California-American Water Company is directed to contact the Parties, obtain cross-examination time estimates and coordinate the sequencing of the cross-examinations. Parties are to cooperate in that undertaking and, where possible, to consolidate cross-examination questions to limit unnecessary duplication. California- American Water Company is directed to file and serve a compliance report proposing an allocation and sequencing of cross-examination time, preferably in matrix format, as soon as it is practicable but not later than Friday, March 22, 2013.
2. Action on the Planning and Conservation League’s Motion to Establish Project Sizing Criteria will be taken at a later date.
3. Beginning 30 days after the end of the second quarter of 2013 and continuing in the same manner in subsequent quarters until the Commission acts finally on Application 12-04-019 or, if that final action is approval, until the Monterey Peninsula Water Supply Project (MPWSP) is on line, Cal-Am shall notice the Service List and a newspaper of general circulation (both electronically) and ratepayers (via bill messages) of the location and availability of new quarterly MPWSP progress reports on California-American Water Company’s Water Supply Project website: http://www.watersupplyproject.org. All of the quarterly MPWSP progress reports will remain available on the website. Upon the request of a ratepayer, Cal-Am will provide a copy of a progress report via U.S. Mail. California-American Water Company will interlink its company website, http://www.amwater.com/caaw, with its Water Supply Project’s website. The progress reports are to be as lengthy, textured and free of overly technical verbiage as appropriate for keeping a lay readership informed of the important features, milestones (reached and/or missed) and challenges of the MPWSP, including the Groundwater Replenishment and Aquifer Storage & Recovery components as relevant. The progress reports should include a time line or a Gantt chart for all major activities on the MPWSP and an explanation of the same. The actual time line can be appended to the report. For each major activity in the MPWSP the progress reports are to include the budgeted amounts, the amounts actually spent, the amounts remaining and the percentage completed. Significant developments and updates pertaining to the contingency options covered in Attachment 9 of Richard C. Svindland’s Supplemental Testimony of January 11, 2013, also are to be included.
4. Under the authority variously provided in Evidence Code §§ 451(a), 452(a), (c) and (d), official notice is hereby taken of those documents of record in the San Francisco Superior Court Case No. CGC-12-521875 that are contained in Attachment 1 of California-American Water Company’s Motion for Official Notice, namely the County of Monterey’s (County) Complaint for Declaratory Relief, dated June 26, 2012; 2) the County’s Request for Dismissal with prejudice of entire action of all parties and all causes of action filed, dated December 11, 2012; and 3) a print-out of the San Francisco Superior Court’s docket which shows that the matter was taken off the calendar on December 13, 2012. Pursuant to the authority provided by Evidence Code § 452(h) and §453(a) and (b), official notice is hereby taken of Ordinance No. 3439 (Chapter 10.72, Monterey County Code, relating to the operation of a desalination facility) also included in Attachment 1 of California-American’s motion for official notice.
5. The protective order sought by George T. Riley, on behalf of Citizens for Public Water, in the January 3, 2013 motion is hereby granted pursuant to General Order 66-C. The personal financial information submitted under seal is withdrawn from general public inspection. Any Party of record to this proceeding may be allowed by the assigned Administrative Law Judge to review the information that is under seal upon 1) written request, 2) a showing of good cause, and 3) execution of an appropriate non-disclosure agreement.
6. The Docket Office’s rejection on January 17, 2013 of the pre-hearing conference statement of the Salinas Valley Water Coalition, on the ground that the submission was not authorized for filing, was without prejudice to that Party’s opportunity to proffer information in and/or attached to that document in the form of Intervenor Testimony
Filing Date 02-13-13
ADMINISTRATIVE LAW JUDGE’S RULING ON PENDING MOTIONS AND OTHER SUBJECTS Including ATTACHMENT A
EVIDENTIARY HEARING GUIDELINES
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