Tuesday, September 19, 2017

MARINA COAST WATER DISTRICT’S MOTION FOR AN ORDER UNSEALING EVIDENCE, SETTING ASIDE DECISIONS AND ESTABLISHING A BRIEFING SCHEDULE ON REMAND OF PETITION FOR WRIT OF REVIEW FROM THE CALIFORNIA SUPREME COURT (No. S230728) DIRECTING THE COMMISSION’S RECONSIDERATION

ABSTRACT: RE: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of California-American Water Company (U 210 W) for an Order (1) Approving a Settlement Agreement with the County of Monterey and the Monterey County Water Resources Agency to Settle and Resolve Claims and Issues Between the Parties and to Promote the Development, Construction and Operation of a Water Supply Project for Monterey County on an Expedited Basis, and (2) Authorizing the Transfer of Authorized Costs Related to the Settlement Agreement to Its Special Request 1 Surcharge Balancing Account. A.13-05-017 (Filed May 24, 2013)
The INTRODUCTION of MARINA COAST WATER DISTRICT’S MOTION FOR AN ORDER UNSEALING EVIDENCE, SETTING ASIDE DECISIONS AND ESTABLISHING A BRIEFING SCHEDULE ON REMAND OF PETITION FOR WRIT OF REVIEW FROM THE CALIFORNIA SUPREME COURT (No. S230728) DIRECTING THE COMMISSION’S RECONSIDERATION states, in part, as follows:
In accordance with Rule 11 of the Commission’s Rules of Practice and Procedure, Marina Coast Water District (“MCWD”) respectfully moves the Commission to
(1) reverse its prior determination that Exhibit D to the instant application, a public document under Los Angeles County Bd. of Supervisors v. Superior Court (ACLU) (2016) 2 Cal.5th 282, be sealed from disclosure to parties that have chosen not to sign a nondisclosure agreement,
(2) direct that Exhibit D, a public document consisting of the legal invoices of a public agency for services rendered in A.04-09-019 – a proceeding that was closed in 2012 – be placed forthwith in the Commission’s public file in this matter and be served on all parties that have not previously been served with Exhibit D,
(3) vacate or set aside Decision (“D.”) 15-03-002 and D.15-10-052 (the “Decisions”) to facilitate their fair reconsideration as directed by the Supreme Court, and
(4) set a briefing schedule for reconsideration of the Decisions, consistent with the California Supreme Court’s order in its cause number S230728,1 dated May 10, 2017 (the “Remand Order”), as well as the Commission’s process relating to potentially confidential documents, as set forth in D.16-08-024, which was developed during the time that the Supreme Court had jurisdiction of the Decisions and following the grant of MCWD’s petition for writ of review.
Importantly, regarding Exhibit D, “documentation of MCWRA’s legal fees incurred in A.04-09-019” under seal and redacted, “The Court held that the invoices of a public agency for legal services rendered on matters that have concluded are subject to public disclosure.”  As of today, the Commission’s website does not indicate that action has taken place in response to the Remand Order. 
FILED 6-29-17
MARINA COAST WATER DISTRICT’S MOTION FOR AN ORDER UNSEALING EVIDENCE, SETTING ASIDE DECISIONS AND ESTABLISHING A BRIEFING SCHEDULE ON REMAND OF PETITION FOR WRIT OF REVIEW FROM THE CALIFORNIA SUPREME COURT (No. S230728) DIRECTING THE COMMISSION’S RECONSIDERATION

Filed 12/29/16
IN THE SUPREME COURT OF CALIFORNIA
LOS ANGELES COUNTY BOARD OF SUPERVISORS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ACLU OF SOUTHERN CALIFORNIA et al., Real Parties in Interest.
S226645
Ct. App. 2/3 B257230
Los Angeles County
Super. Ct. No. BS145753
DECISION ADOPTING, IN PART CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR ADOPTION OF THE SETTLEMENT AGREEMENT BETWEEN CALIFORNIA-AMERICAN WATER COMPANY, THE COUNTY OF MONTEREY, AND THE MONTEREY COUNTY WATER RESOURCES AGENCY
Decision 15-03-002 March 12, 2015
ORDER DENYING REHEARING OF DECISION (D.) 15-03-002
Decision 15-10-052 October 22, 2015

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