ADMINISTRATIVE LAW JUDGE’S DIRECTIVES TO APPLICANT AND RULING ON MOTIONS CONCERNING SCOPE, SCHEDULE AND OFFICIAL NOTICE

ABSTRACT: ADMINISTRATIVE LAW JUDGE’S DIRECTIVES TO APPLICANT AND RULING ON MOTIONS CONCERNING SCOPE, SCHEDULE AND OFFICIAL NOTICE, filed 08-29-12, is embedded.
 IT IS RULED that:
1. The statement of scope of the Application 12-04-019 proceeding is modified to read:
Is the proposed Monterey Peninsula Water Supply Project

• required for public convenience and necessity

• and a reasonable and prudent means of securing  replacement water for the Monterey District of Cal-Am; and would the granting of the application be in the public  interest?

2. The schedule of the proceeding is modified as set out on pages 8-9 of this ruling.
3. California-American Water Company (Cal-Am) is directed to seriously consider in good faith any public agency proposal for direct participation in the Monterey Peninsula Water Supply Project (MPWSP) that is feasible and sufficiently developed to allow implementation in a timely manner and that is made by October 1, 2012. Cal-Am shall file a compliance progress report on the status of any such deliberations by October 26, 2012.
4. Parties interested in the subjects of the December 11-13, 2012 workshop (project cost, cost impacts of contingencies, and related financial modeling) are encouraged to develop jointly, under Cal-Am’s leadership, a financial model, or optional models, that can be used for computing revenue requirements for the project (taking into account contingency costs). Cal-Am is directed to file a compliance report on that model, or models, by November 15, 2012 and to join with the participating parties in sharing the analysis underlying the model or models at that workshop.
5. In a separate Administrative Law Judge (ALJ) ruling, Cal-Am will soon be directed to develop reasonably detailed contingency plans in regards to the select potential barriers to the MPWSP project and set out those plans in a compliance report by November 1, 2012.
6. The August 3, 2012 ALJ e-mail ruling is confirmed and memorialized.
7. The July 25, 2012 Salinas Valley Water Coalition’s motion for official notice of facts is denied without prejudice.
8. The August 2, 2012 WaterPlus motion for official notice of facts is denied.
Dated August 29, 2012 at San Francisco, California.
/s/ GARY WEATHERFORD
Gary Weatherford
Administrative Law Judge
Note: October 1, 2012: Public agency participation proposals, if any, due.participation

Alj's Directives to Applicant and Ruling on Motions Concerning Scope, Schedule and Official Notice 08-29-12

ADMINISTRATIVE LAW JUDGE’S DIRECTIVES TO APPLICANT ANDRULING ON MOTIONS CONCERNING SCOPE, SCHEDULE AND OFFICIAL NOTICE