ABSTRACT: Significant STATE WATER MORATORIUM ORDER documents from the California Public Utilities Commission website are summarized and uploaded, including, but not limited to, OPENING COMMENTS OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE ON PROPOSED DECISION (Filing Date: February 14, 2011), PROPOSED DECISION OF ALJ WEATHERFORD - DECISION DIRECTING COMPLIANCE WITH STATE WATER MORATORIUM ORDER AND RELIEVING UTILITY OF OBLIGATION TO SERVE (Filing Date: January 25, 2011) and OPENING BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE (Filing Date: October 8, 2010). Briefly, ALJ Weatherford summarized his DECISION, as follows: “This decision directs California-American Water Company (Cal-Am) to comply with a water moratorium in its Monterey District ordered by the State Water Resources Control Board and prohibiting new connections and increased use of water by existing customers that would be served by diversions of the Carmel River. Cal-Am is directed to file by advice letter a tariff amendment to implement Condition 2 of the 2009 Cease and Desist Order issued by the State Water Resources Control Board. Condition 2 prohibits diversions from the Carmel River for new connections or increased uses at certain types of existing service addresses.” The CITIES argue that “The Commission should exercise its independent discretion, and based on its own informed review of the merits, find that a moratorium is not just and reasonable. Such a conclusion will maximize the public welfare, but will not impair the operation of the CDO’s other provisions designed to protect the Carmel River ecosystem or otherwise thwart development of a water supply solution for the Monterey Peninsula." An ADDENDUM with link to all Documents and Decisions is provided.
Type: EXPARTE
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.
NOTICE OF EX PARTE COMMUNICATION OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY AND SEASIDE
Filing Date: March 9, 2011
Description: The Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside noticed an oral ex parte communication with Carol A. Brown, Chief of Staff to Commission President Michael Peevey, and Lester Wong, Advisor to President Peevey, on March 8, 2011.
SYNOPSIS & EXCERPTS:
The Cities discussed their view that the Commission possesses independent authority to determine whether adoption of water service moratorium within California American Water Company’s Monterey District is just and reasonable and consistent with the public interest. The Cities discussed the relationship of the proposed moratorium to the Carmel River habitat and existing customers, and provided examples of impacts to the community welfare within the cities if a moratorium is adopted that eliminates the Cities’ ability to allocate water for new or expanded service pursuant to the Monterey Peninsula Water Management District’s municipal water allocation program. Specifically, Mayors Della Sala, Bachofner, and McCloud each provided specific examples of the projects that would be precluded from development in their respective cities, and the associated impact on the community welfare.
EX PARTE COMMUNICATION
NOTICE OF EX PARTE COMMUNICATION OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY AND SEASIDE
Type: COMMENTS
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.
OPENING COMMENTS OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE ON PROPOSED DECISION
Filing Date: February 14, 2011
SYNOPSIS & EXCERPTS:
The CITIES conclude that The Commission should exercise its independent
discretion, and based on its own informed review of the merits, find that a moratorium is not just and reasonable. Such a conclusion will maximize the public welfare, but will not impair the operation of the CDO’s other provisions designed to protect the Carmel River ecosystem or otherwise thwart development of a water supply solution for the Monterey Peninsula.
The DISCUSSION includes sections, as follows: The Commission is Not Obligated to Defer to the SWRCB and Can Exercise Its Own Independent Discretion Concerning the Merits of the Proposed Moratorium, A Moratorium is Not Just and Reasonable and The Cities Collectively Join In the Individual Comments Submitted by the City of Sand City to Urge the Commission to Exempt New Connections Served by the Sand City Water Entitlement from the Moratorium, If Adopted.
OPENING COMMENTS OF CITIES OF CARMEL-BY-THE-SEA et al.
OPENING COMMENTS OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE ON PROPOSED DECISION
Type: PROPOSED DECISION
PROPOSED DECISION OF ALJ WEATHERFORD
DECISION DIRECTING COMPLIANCE WITH STATE WATER MORATORIUM ORDER AND RELIEVING UTILITY OF OBLIGATION TO SERVE
Filing Date: January 25, 2011
SUMMARY SYNOPSIS EXCERPTS:
This decision directs California-American Water Company (Cal-Am) to
comply with a water moratorium in its Monterey District ordered by the State Water Resources Control Board and prohibiting new connections and increased use of water by existing customers that would be served by diversions of the Carmel River. Cal-Am is directed to file by advice letter a tariff amendment to implement Condition 2 of the 2009 Cease and Desist Order issued by the State Water Resources Control Board. Condition 2 prohibits diversions from the Carmel River for new connections or increased uses at certain types of existing service addresses. Cal-Am will be relieved of its obligation to serve the new connections and increased uses so prohibited. The direction and relief provided in this decision are to expire at the filing by Cal-Am of an advice letter with the Commission transmitting the written concurrence of the Deputy Director of Water Rights of the State Water Resources Control Board with Cal-Am’s finding that a permanent supply of water is ready to serve as a replacement for the unlawful diversions of Carmel River water.
Cal-Am is directed to confer with the Monterey Peninsula Water Management District and thereafter seek from the State Water Resources Control Board a process or mechanism that will permit Cal-Am to serve demonstrated and compelling public health and safety needs within the Monterey District, notwithstanding the moratorium. Cal-Am is also directed to return to that Board for guidance with respect to any unresolved issues of interpretation or implementation concerning Condition 2. Cal-Am is directed to file a petition to modify this Commission decision if pending litigation testing the 2009 cease and desist order of the State Water Resources Control Board results in an outcome that conflicts with the orders in this decision.
PROPOSED DECISION OF ALJ WEATHERFORD
PROPOSED DECISION OF ALJ WEATHERFORD
DECISION DIRECTING COMPLIANCE WITH STATE WATER MORATORIUM ORDER AND RELIEVING UTILITY OF OBLIGATION TO SERVE
Type: REPLY BRIEF
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.
REPLY BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE
Filing Date: October 22, 2010
SYNOPSIS & EXCERPTS:
The CITIES request that the Commission deny Cal-Am’s Application for an unnecessary moratorium that would substantially impair the community’s welfare” claiming IMPOSITION OF A MORATORIUM IS NOT JUST AND REASONABLE and THE CDO’S WATER SERVICE PROHIBITION MUST BE INTERPRETED TOBE SUBJECT TO THE COMMISSION’S INDEPENDENT DUTY TO DETERMINE WHETHER A MORATORIUM IS JUSTIFIED.
At its core, this matter involves a single factual question—whether the proposed moratorium is just and reasonable—and a single legal question—whether the California Public Utilities Commission (“Commission”) has an independent duty to determine whether the moratorium is just and reasonable irrespective of the Cease and Desist Order’s (SWRCB WR Order 2009-0060 (“CDO”)) prohibition of the use of Carmel River water for new or expanded service by the California American Water Company (“Cal-Am”).
REPLY BRIEF OF THE CITIES
REPLY BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE
Type: OPENING BRIEF
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.
OPENING BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE
Filing Date: October 8, 2010
SYNOPSIS & EXCERPTS:
The CITIES claim THE SWRCB LACKS JURISDICTION TO REQUIRE CAL-AM TO IMPOSE AWATER SERVICE MORATORIUM and IMPOSITION OF A MORATORIUM IS NOT JUST AND REASONABLE, including A moratorium is not necessary for Cal-Am to comply with the CDO’s limitations upon Carmel River diversions and a failure to impose a moratorium will not materially harm existing Cal-Am customers, Imposition of a moratorium would materially harm the community.
OPENING BRIEF OF THE CITIES
OPENING BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE
Type: Opening BRIEF
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.
OPENING BRIEF OF CALIFORNIA-AMERICAN WATER COMPANY
Filing Date: October 8, 2010
SYNOPSIS & EXCERPTS:
CALIFORNIA-AMERICAN WATER COMPANY concludes, as follows:
California American Water filed this application seeking a moratorium on new or increased service connections in its Monterey District solely for the purpose of complying with the CDO issued by the State Water Board Order prohibiting California American Water from serving Carmel River water to new service connections or increased water use based on a change in zoning or use. Consistent with the Commission’s and the State Water Board’s concurrent jurisdiction in this area, the Commission should approve this request for a moratorium and relieve California American Water of its obligation to serve new customers or the increased water use associated with a change in zoning or use at an existing service address, to the extent necessary to comply with the CDO. In doing so, the Commission should appropriately tailor the moratorium to exclude areas not served by Carmel River water, or specifically exempted by the language of the State Water Board’s Order. The Commission should not expand the proceeding to embrace service issues that are beyond the scope of the State Water Board’s Order, such as the “equity” issue that DRA raised. An expansion of this proceeding will both duplicate issues that fall within other proceedings pending before the Commission, and unnecessarily delay California American Water’s ability to comply with the CDO.
OPENING BRIEF OF CALIFORNIA-AMERICAN WATER COMPANY
OPENING BRIEF OF CALIFORNIA-AMERICAN WATER COMPANY
Type: AMENDED APPLICATION
AMENDED APPLICATION OF CALIFORNIA-AMERICAN WATER COMPANY (U210W) FOR AN ORDER AUTHORIZING AND IMPOSING A MORATORIUM ON CERTAIN NEW OR EXPANDED WATER SERVICE CONNECTIONS IN ITS MONTEREY DISTRICT
Filing Date: May 27, 2010
Description: [The Amended Application is intended to replace the original Application in its entirety. (1) It clarifies language in the Conclusion Section regarding the purpose of the waiting list; (2) It clarifies the time by which Applicant will provide mailed notice to its customers; and, (3) makes minor typographical corrections.]
CONCLUSION:
California American Water concludes, as follows:
As demonstrated in this Application and the supporting testimony, California American Water has a legal obligation to comply with State Water Resources Control Board Order WRO-2009-0060. In order to comply with that Order, California American Water seeks to impose, with some exceptions, a moratorium on all new or expanded water service connections in its Monterey District, if the last entitlement for that connection was obtained after October 22, 2009.
AMENDED APPLICATION OF CALIFORNIA-AMERICAN WATER COMPANY
AMENDED APPLICATION OF CALIFORNIA-AMERICAN WATER COMPANY (U210W) FOR AN ORDER AUTHORIZING AND IMPOSING A MORATORIUM ON CERTAIN NEW OR EXPANDED WATER SERVICE CONNECTIONS IN ITS MONTEREY DISTRICT
ADDENDUM:
California Public Utilities Commission
Proceeding A1005020
Date Filed: May 24, 2010
Status: Active
DOCUMENTS, including other BRIEFS, MOTIONS, PROTESTS, COMMENTS, RULINGS, et cetera.
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