Filing Date October 16, 2012
Thursday, October 18, 2012
Proceeding Number A.12-04-019 MARINA COAST WATER DISTRICT’S REPLY TO THE COMMENTS OF COUNTY OF MONTEREY AND THE MONTEREY COUNTY WATER RESOURCES AGENCY ON PROPOSED DECISION DECLARING PREEMPTION OF COUNTY ORDINANCE AND THE EXERCISE OF PARAMOUNT JURISDICTION
ABSTRACT: Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, MARINA COAST WATER DISTRICT’S REPLY TO THE COMMENTS OF COUNTY OF MONTEREY AND THE MONTEREY COUNTY WATER RESOURCES AGENCY ON PROPOSED DECISION DECLARING PREEMPTION OF COUNTY ORDINANCE AND THE EXERCISE OF PARAMOUNT JURISDICTION document is embedded. Importantly, “the County’s suit against Cal-Am clearly and directly interferes with the Commission’s performance of its official duties in violation of Public Utilities Code section 1759, subdivision (a), as would any effort of the County and Cal-Am to reach a resolution of that suit outside the reach of the Commission’s jurisdiction. The suit should forthwith be dismissed. The suit is unripe and – under section 1759 – the superior court is without jurisdiction to entertain it.”
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