ADMINISTRATIVE LAW JUDGE’S RULING: PROPOSED DECISION DECLARING PREEMPTION OF COUNTY ORDINANCE AND THE EXERCISE OF PARAMOUNT JURISDICTION

RELATED NEWS ARTICLE: Judge: PUC has final say on Cal Am water supply project Judge makes proposed ruling, JIM JOHNSON Herald Staff Writer, 09/25/2012

ABSTRACT: Administrative Law Judge Weatherford’s PROPOSED DECISION DECLARING PREEMPTION OF COUNTY ORDINANCE AND THE EXERCISE OF PARAMOUNT JURISDICTION, filed 09-21-12, is embedded.. Summary: This decision determines that the authority of the Commission in regard to this application preempts Monterey County Code of Ordinance, Title 10, Chapter 10.72, concerning the construction, operation and ownership of desalination plants. This decision further determines that the findings, conclusions and orders herein are an exercise of jurisdiction that is paramount to that of a county Superior Court concerning the same subject.
O R D E R
IT IS ORDERED that:
1. The Commission’s authority, exercised through General Order 103-A in Application 12-04-019, preempts the Monterey County Desalination Ordinance, Title 10, Chapter 10.72.
2. Under § 1759 of the Pub. Util. Code, the Superior Court of San Francisco County in County of Monterey vs. California-American Water Company, Case No. CGC-12-521875, has no “jurisdiction to review, reverse, correct, or annul” the instant decision of the Commission or “to suspend or delay the execution or operation” of it.
3. The Commission shall not delay the instant proceeding to await developments in or the outcome of County of Monterey vs. California-American Water Company, Case No. CGC-12-521875, pending in the Superior Court of San Francisco County.
4. California-American Water Company is directed to seek expeditiously a dismissal, summary judgment or other favorable disposition in County of Monterey vs. California-American Water Company, Case No. CGC-12-521875, pending before the Superior Court of San Francisco County, on the ground that applicable law requires a determination that the Commission’s authority regarding Application 12-04-019 preempts the Monterey County Desalination Ordinance.
5. Preemption of Monterey County Desalination Ordinance, Title 10, Chapter 10.72 by Commission authority shall not prevent the Commission or California-American Water Company from taking into account related concerns and interests of the County of Monterey and from cooperating with the County of Monterey in regards to the Monterey Peninsula Water Supply Project proposed in Application 12-04-019.
6. Application 12-04-019 remains open.
This order is effective today
Importantly, regarding County of Monterey vs. California-American Water Company, Case No. CGC-12-521875, in the Superior Court of San Francisco County, that the Commission has paramount jurisdiction relative to the Superior Court that is presiding over Case No. CGC-12-521875; and that, accordingly, under § 1759 of the Pub. Util. Code, the Superior Court has no “jurisdiction to review, reverse, correct, or annul” the instant decision or “to suspend or delay the execution or operation” of this decision.


DRAFT ALJ PROPOSED DECISION DECLARING PREEMPTION OF COUNTY  ORDINANCE AND THE EXERCISE OF PARAMOUNT JURISDICTION 09-21-12 -  
DRAFT

PROPOSED DECISION OF ALJ WEATHERFORD  DECLARING PREEMPTION OF COUNTY  ORDINANCEAND THE EXERCISE OF PARAMOUNTJURISDICTION