ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the JOINT RESPONSE TO MOTION FOR PARTY STATUS OF CITIZENS FOR JUST WATER document copy is embedded.
INTRODUCTION In accordance with Rule 11.1(e) of the Rules of Practice and Procedure (“Rules”) of the California Public Utilities Commission (“Commission”), California-American Water Company (“Cal-Am”), Coalition of Peninsula Businesses, the City of Pacific Grove (“Pacific Grove”), Monterey County Farm Bureau (“MCFB”), Monterey Peninsula Regional Water Authority (“MPRWA”), Monterey Peninsula Water Management District (“MPWMD”), Planning and Conservation League Foundation (“PCL”), and Salinas Valley Water Coalition (“SVWC”) (collectively “Joint Parties”)1 hereby respond to the Motion for Party Status of Citizens for Just Water (“CJW Motion”). As discussed in more detail below, the motion of Citizens for Just Water (“CJW”): (1) is untimely, (2) addresses topics that have already been considered in this proceeding, and (3) raises issues that are properly addressed in the environmental review of the Monterey Peninsula Water Supply Project (“MPWSP”). The Joint Parties urge the Commission to deny the CJW’s request to become a party to this proceeding.
CONCLUSION In determining whether to grant a motion for party status, particularly one filed so late in a proceeding, the assigned ALJ must balance the interests of the entity seeking party status with the burden on the existing parties and the process if the entity is allowed to enter the proceeding. As discussed above, CJW did not provide good cause for the failure of it and its members to participate in a more timely fashion. Granting CJW’s motion would prejudice existing parties and could cause a delay in this already lengthy proceeding, in which a final decision is now not expected until sometime in March 2018 at the earliest.20 The issues that CJW seeks to address by becoming a party have either already been considered or are more properly considered during environmental review of the MPWSP, where party status is not necessary to participate. Finally, the interests that CJW purports to represent are already well represented in this proceeding. The Joint Parties urge the assigned ALJ to deny CJW’s motion.
1 Pursuant to Commission Rule 1.8(d), counsel for all Joint Parties other than Cal-Am have authorized counsel for Cal-Am to sign this Joint Motion on their behalf.
20 Third Amended Scoping Memo, p. 4. Noting it “is possible that the proposed decision will be held and additional time will be required before the Commission reaches its final decision,” the Third Amended Scoping Memo extended the statutory deadline for this proceeding to June 30, 2018.
FILED 11-30-16
JOINT RESPONSE TO MOTION FOR PARTY STATUS OF CITIZENS FOR JUST WATER
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