Tuesday, October 10, 2017

Proceeding Number A.13-05-017 RESPONSE BY PUBLIC WATER NOW IN SUPPORT OF MARINA COAST WATER DISTRICT’S MOTION FOR AN ORDER UNSEALING EVIDENCE, SETTING ASIDE DECISIONS AND ESTABLISHING A BRIEFING SCHEDULE ON REMAND OF PETITION FOR WRIT OF REVIEW FROM THE CALIFORNIA SUPREME COURT (No. S230728) DIRECTING THE COMMISSION’S RECONSIDERATION

ABSTRACT:  RE: In the Matter of the Application of California-American Water Company (U210W) for an Order (1) Approving a Settlement Agreement with the County of Monterey and the Monterey County Water Resources Agency to Settle and Resolve Claims and Issues Between the Parties and to Promote the Development, Construction and Operation of a Water Supply Project for Monterey County on an Expedited Basis, and (2) Authorizing the Transfer of Authorized Costs Related to the Settlement Agreement to Its Special Request 1 Surcharge Balancing Account, the RESPONSE BY PUBLIC WATER NOW IN SUPPORT OF MARINA COAST WATER DISTRICT’S MOTION FOR AN ORDER UNSEALING EVIDENCE, SETTING ASIDE DECISIONS AND ESTABLISHING A BRIEFING SCHEDULE ON REMAND OF PETITION FOR WRIT OF REVIEW FROM THE CALIFORNIA SUPREME COURT (No. S230728) DIRECTING THE COMMISSION’S RECONSIDERATION document copy is embedded.  PWN Supports MCWD Motion for Reconsidertion PWN believes the proceeding was inefficient, incomplete and unnecessarily convuloted with the redacted portions. Even within the nondisclosure portion of the proceeding, the review of redacted material was also incomplete and confusing. In other words, the confidential portion was essentially a continuation of the public portion with the refusal to reveal facts. 
It is my opinion that the intent to reveal selected information within confidential hearings actually did not reveal addditional infomation to the ALJ. The ALJ did not gain any new insight throughout the confidential portion of the hearing. In fact she commented on that point.
It is the opinion of PWN that the ALJ Proposed Decision was not based on a full revelation of facts for the record. PWN believes further that the Commission decision was equally faulty from lack of full information on the record.
PWN supported MCWD in its initial appeal the the State Supreme Court. PWN continues to support MCWD in its effort to create a fair and complete public record in this matter.
Recommendation Public Water Now supports the MCWD Motion for Reconsidertion.
FILED 7-14-17
RESPONSE BY PUBLIC WATER NOW IN SUPPORT OF MARINA COAST WATER DISTRICT’S MOTION FOR AN ORDER UNSEALING EVIDENCE, SETTING ASIDE DECISIONS AND ESTABLISHING A BRIEFING SCHEDULE ON REMAND OF PETITION FOR WRIT OF REVIEW FROM THE CALIFORNIA SUPREME COURT (No. S230728) DIRECTING THE COMMISSION’S RECONSIDERATION

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