ABSTRACT: RE: California Supreme Court Case S208838, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT v. CALIFORNIA PUBLIC UTILITIES COMMISSION (CALIFORNIA AMERICAN WATER COMPANY), the California Supreme Court is expected to issue an opinion as early as June 2015 on the following issue: Does the Public Utilities Commission have the authority to review and regulate a user fee imposed by a local government entity that is collected through the bills of a regulated public utility? PETITION FOR REVIEW (Dated: February 22, 2013), Appendix Volume 1, Appendix Volume 2 and Appendix Volume 3 documents are embedded. ARGUMENTS include Petitioner Possesses Express Legislative Authority to Levy Taxes and Fees and to Collect User Fees through Utility Bills Issued by Cal-Am, The Commission Has No Jurisdiction Over Petitioner and Public Utilities Code Section 451 Does Not Vest the Commission With Jurisdiction to Review and Reject Charges Imposed By Government Entities and Collected Through a Utility Bill. CONCLUSION For the foregoing reasons, Petitioner respectfully requests that the Court grant this Petition for Review. Alternatively, Petitioner respectfully requests that the Court grant review and transfer to the Court of Appeal for further proceedings.
IN THE SUPREME COURT OF THESTATE OF CALIFORNIA
Monterey Peninsula Water Management District, Petitioner, v. California Public Utilities Commission, Respondent, California-American Water Company, Real Party in Interest
The California Public Utilities Commission, Decisions No. 11-03-035 and No.B-01-040 in Proceeding No. Application 10-01-012 The Honorable Maribeth A. Bushey, Administrative Law Judge Presiding Commissioner Michael R. Peevey, Assigned Commissioner
Dated: February 22, 2013
APPPENDIX VOLUME 2 0F 3
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