Proceeding Number A.12-04-019 RESPONSE OF CALIFORNIA-AMERICAN WATER COMPANY TO APPLICATION OF THE COUNTY OF MONTEREY FOR REHEARING OF DECISION 12-10-030

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, RESPONSE OF CALIFORNIA-AMERICAN WATER COMPANY TO APPLICATION OF THE COUNTY OF MONTEREY FOR REHEARING OF DECISION 12-10-030 document is embedded. Importantly, CONCLUSION The Commission should reject the County’s Application for Rehearing. As previously demonstrated, the issue of preemption was ripe for consideration by the Commission in D.12-10-030. Furthermore, the County’s insistence that the Commission was prohibited from preempting all, or only those parts that are not local in nature, has no support in State law. The Commission has full constitutional and legislative authority in regulating water production, storage, treatment, transmission, distribution, or other facilities constructed or installed by a water utility subject to the Commission’s jurisdiction.

Response of Cal-Am to Application of the County of Monterey for Rehearing of Decision 12-12-030 12-17-12

Filing Date 12-17-12

RESPONSE OF CALIFORNIA-AMERICAN WATER COMPANY TO APPLICATION OF THE COUNTY OF MONTEREY FOR REHEARING OF DECISION 12-10-030