Proceeding Number A.12-04-019 ORDER MODIFYING DECISION 12-10-030 AND DENYING REHEARING OF DECISION, AS MODIFIED

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, ORDER MODIFYING DECISION 12-10-030 AND DENYING REHEARING OF DECISION, AS MODIFIED document is embedded. The CONCLUSION states, in part, as follows: With this modification, our preemption conclusions are legal, and adequately supported. THEREFORE, IT IS ORDERED that:
1. The first sentence of D.12-10-030 on page 1 is modified to read:
This decision determines that the authority of the Commission in regard to this application and the regulation of public utility water facilities subject to Commission jurisdiction, preempts Monterey County Code of Ordinances, Title 10, Chapter 10.72 concerning the construction, operation and ownership desalination plants, to the extent that ordinance purports to apply to public utility facilities or operations.
2. The first sentence of the first full paragraph on page 9 of D.12-10-030 is modified to read:
Here we determine that Monterey County Ordinance Chapter 10.72 (Desal Ordinance) is in conflict with California law, and is preempted in its entirety, to the extent it purports to apply to public utility facilities or operations.
3. Conclusion of Law 1 of D.12-10-030 is modified to read:
The Commission should declare that its authority, exercised through GO 103-A in A.12-04-019, preempts the Monterey County Desalination Ordinance, Title 10, Chapter 10.72, which governs the issuance, suspension and revocation of permits for the construction and operation of desalination treatment facilities, to the extent the ordinance purports to apply to public utility facilities or operations.
4. Ordering Paragraph 1 of D.12-10-030 is modified to read:
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 to the extent the Ordinance purports to apply to public utility facilities or operations.
5. The District’s motion for leave to reply to the response of Cal-Am Water Co. is denied.
6. As modified, rehearing of D.12-10-030 is hereby denied.

Order Modifying Decision 12-10-030 and Denying Rehearing of Decision, As Modified 07-29-13

Date of Issuance 07-29-13

ORDER MODIFYING DECISION 12-10-030 AND DENYING REHEARING OF DECISION, AS MODIFIED