Monday, January 15, 2018

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGES’ RULING REGARDING JOINT BRIEFING OUTLINE AND BRIEFING SCHEDULE

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the ADMINISTRATIVE LAW JUDGES’ RULING REGARDING JOINT BRIEFING OUTLINE AND BRIEFING SCHEDULE document copy is embedded. IT IS SO RULED, including that parties shall use the following outline for their briefs:
Index
Table of Authorities
Summary
I. Introduction
II. Present and future public convenience and necessity of the project
A. Reasonableness of the projection of demand and proposed plant size
1. Estimates and analysis of demand
(a) Future use by existing customers
(b) Growth, including legal lots of record, Pebble Beach, and economic recovery of hospitality industry
2. Estimates and analysis of supply alternatives
(a) The potential expansion of Pure Water Monterey, including amounts and costs of available water
(b) Availability of water for purchase, including from Marina Coast Water District
3. Need for and appropriateness of proposed plant and plant size
(a) Potential methods of reduction from proposed size
(i) Postponement of one or more wells
(ii) Operation of plant at lower rate
(iii) Construction in modular increments
(iv) Other
B. Cost and financing issues
1. Reasonableness of proposed cost cap
2. Financing issues
3. Apportionment of risk (e.g., between shareholders and ratepayers in the form of shared costs, adjustments in rate of return, removal of items from rate base, or other) in the event production is insufficient in whole or part of a significant plant component during the operating life of the MPWSP (e.g., slant wells)
C. Feasibility and desirability of using solar and renewables
D. Section 1002 Factors
1. Community values
2. Recreational and park areas
3. Historical and aesthetic values
III. Legal Principles in Support of and in Opposition to MPWSP
A. Site restrictions, including California American Water’s access to CEMEX site
B. Agency Act
IV. Settlements
A. Comprehensive Settlement Agreement
B. Sizing Settlement Agreement
C. Return Water Settlement Agreement
D. Brine Settlement Agreement
V. Other
VI. Conclusion.
FILED 11-21-17
ADMINISTRATIVE LAW JUDGES’ RULING REGARDING JOINT BRIEFING OUTLINE AND BRIEFING SCHEDULE

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