Thursday, September 12, 2013

Proceeding Number A.12-04-019 MARINA COAST WATER DISTRICT’S NOTICE OF RELEVANT COURT DECISION AND REQUEST FOR OFFICIAL NOTICE

ABSTRACT: Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, MARINA COAST WATER DISTRICT’S NOTICE OF RELEVANT COURT DECISION AND REQUEST FOR OFFICIAL NOTICE and ATTACHMENT A documents are embedded.  Importantly, Marina Coast Water District (“MCWD”) hereby provides the Commission and the Parties notice of the issuance of a court decision relevant to these proceedings, in the interest of ensuring the completeness of the Commission’s record in the public interest. Pursuant to Rule 13.9 of the Commission’s Rules of Practice and Procedure, MCWD requests the Commission to take official notice that the relevant decision has been rendered and that it reverses the judgment in the underlying suit and requires the suit be dismissed.
The Court of Appeal decision is particularly relevant to this proceeding because the Commission, in its Notice of Preparation (“NOP”) of an EIR for this proceeding, indicated that its Subsequent EIR would be relying in part on its previous EIR for the Regional Desalination Project. (October 2012 NOP, pp. 2-3.)
A copy of the decision of the Court of Appeal is attached hereto as Attachment A.

Marina Coast Water District's Notice of Relevant Court Decision Filing Date 08-30-13
MARINA COAST WATER DISTRICT’S NOTICE OF RELEVANT COURT DECISION AND REQUEST FOR OFFICIAL NOTICE

Attachment A Filing Date 08-30-13
ATTACHMENT A

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