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.
Recommendation Public Water Now supports the MCWD Motion for Reconsidertion.
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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