Showing posts with label California American Water Company. Show all posts
Showing posts with label California American Water Company. Show all posts

Friday, August 28, 2020

CALIFORNIA COASTAL COMMISSION Appeal No. A-3-MRA-19-0034 (California American Water Company, et. al., Monterey Co.) & Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.): Staff Recommendation: Denial of De Novo Permit; Denial of Regular Permit

ABSTRACT: California Coastal Commission STAFF REPORT: DE NOVO APPEAL and CONSOLIDATED COASTAL DEVELOPMENT PERMIT
Appeal No: A-3-MRA-19-0034
Local Government: City of Marina
Decision: Denial
Application No.: 9-19-0198
Applicant: California American Water Company
Appellants: California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga
Project Location: Wellfield at the site of the CEMEX, Incorporated sand mining facility in the City of Marina, Monterey County, and pipelines and associated infrastructure within the Cities of Marina and Seaside, the County of Monterey, and the Commission’s retained jurisdiction.
Project Description: Construct and operate a slant well field, associated water transmission pipelines and related infrastructure within the coastal zone to support a proposed desalination facility located inland of the coastal zone.
Staff Recommendation: Denial of De Novo Permit; Denial of Regular Permit

California Coastal Commission

Draft Meeting Agenda
September 2020

September 17. 2020
9:00 a.m.

Energy, Ocean Resources and Federal Consistency
Items Th3a and Th4a below will share a combined staff report and hearing
3 New Appeals
a.            September 2020 Appeal No. A-3-MRA-19-0034 (California American Water Company, et. al., Monterey Co.)Appeal No. A-3-MRA-19-0034 (California American Water Company, et. al., Monterey Co.)Appeal by California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga of City of Marina decision denying permit for construction and operation of well field, pipelines, and associated infrastructure at CEMEX sand mining facility, Lapis Road, Marina, Monterey County, to be used to provide source water for desalination facility located outside the coastal zone in Monterey County. (TL-SF) Submit Comment
4 Coastal Permit Applications
b.            September 2020 Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.)Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.)Application of California American Water Company for consolidated permit to construct and operate water delivery pipelines and associated infrastructure within the City of Seaside, County of Monterey, and Commission’s retained jurisdiction to support desalination facility located outside the coastal zone in Monterey County. (TL-SF) Submit Comment

https://drive.google.com/file/d/1VmtLXLs8vOzSuIL_le7grn6liLYR7aAb/view?usp=sharing

STAFF REPORT: DE NOVO APPEAL and CONSOLIDATED COASTAL DEVELOPMENT PERMIT

 

Appeal No. A-3-MRA-19-0034(California American Water Company, et. al., Monterey Co.)












:Live Stream

Monday, November 04, 2019

CALIFORNIA COASTAL COMMISSION: Independent Hydrogeological Review of Recent Data and Studies Related to California American Water’s Proposed Monterey Regional Water Supply Project Weiss Job No. 466-2148, November 1, 2019 (EXHIBIT 7) & Addendum

ABSTRACT:  EXHIBIT 7, the draft report, dated November 1, 2019, to Tom Luster, California Coastal Commission, from William A. McIlvride, PG, CEG, CHG, Senior Project Hydrogeologist, “documents Weiss Associates (Weiss’s) independent hydrogeological review of data and studies related to California American Water’s (Cal-Am) proposed Monterey Regional Water Supply Project (MRWSP).” Selected excerpts, as follows:
The specific study questions the Commission requested technical opinions from Weiss to address are:
1. What were the effects of potential and actual changes in hydraulic gradient since January 2017, and what is the potential for these changes to affect potential seawater intrusion to, and capture of fresh water from, aquifers tapped by the well field?
2. What is the potential for the well field to adversely affect or capture previously unidentified volumes of fresh water? and
3. What are the possible project modifications to avoid or reduce the potential effects?
SUMMARY OF FINDINGS
Weiss’s findings with respect to the Commission’s study questions are addressed in detail in this report and summarized as follows:
1. A steepening of the hydraulic gradient seaward in the Dune Sand Aquifer in 2017 will likely result in a limited to negligible effect on seawater intrusion, and likely result in an increase in the fresh water percentage (FWP) of the well field flow due to capture of fresh water from the aquifers tapped by the well field. The gradient change appears to result from local and regional aquifer recharge due to increased rainfall in the 2016-2017 and 2018-2019 rain years. This is significant to the evaluation of the FWP percentages resulting from the MRWSP since there are significant data gaps with respect to groundwater flow paths in the Dune Sand Aquifer and the transfer of fresh water (total dissolved solids [TDS] < 3,000 milligrams per liter [mg/L]) from the Sand Dune Aquifer to the 180-foot Aquifer. Therefore, to be able to rely on Cal-Am’s model results to accurately predict FWP, Weiss recommends additional data collection to address these data gaps, development of a consensus conceptual site model (CSM) and modifications of the model assumptions based on the CSM, and then calibration of the model to match the effects of these recent rainfall events.
2. The well field capture analysis presented in the project’s Final EIR/EIS appears to be flawed as it does not account for potential freshwater capture beyond the identified capture zone of the well field due to seaward gradients. If such capture is greater than what is already accounted for, it will decrease the ocean water percentage (OWP) in water extracted by the well field. The uncertainty in the range of OWP depends on how the hydrogeology of the Dune Sand Aquifer and underlying Fort Ord Salinas Valley Aquitard (FO-SVA) is interpreted and modeled. It could be reduced through adjustments to the groundwater model and applying it in non-superposition mode to more accurately reflect the site hydrogeology and implications of the TSW pumping results.
3. Potential project impacts on groundwater quantity and quality can be reduced by extending the planned well field intakes seaward by reducing the angle of slant of the wells or by using horizontal wells to shorten the seawater flow path to the well field intakes, thereby increasing the OWP and decreasing the size of the landward capture zone.
RECOMMENDATION
To obtain a more accurate and definitive groundwater capture zone and OWP estimates due to proposed pumping from the MRWSP well field, it is recommended that additional hydrogeologic data be obtained from the 2 square-mile area east of MW-7S so that a single CSM can be accepted to represent that area. In addition, the area west of MW-7, between MW-4 and MW-7, should be investigated to determine potential aquitards contiguous with those at MW-7, and vertical groundwater gradients between the Dune Sand Aquifer and 180-Foot Aquifer. The new data should be incorporated into NMGWM, 2016 which should be modified as follows:
• Change the thickness of the FO-SVA (Layer 3) inland from MW-7, and configure so that the top and bottom of Layer 3 approximates the configuration depicted in the geologic cross-section, such that the top resembles a “stair-step” surface;
• Potentially divide Layer 2 into two or more layers;
• Increase the HK of the Dune Sand Aquifer (Layer 2) in parameter Zones 16 and 20, currently modeled with HK of 2 and 4 ft/day, respectively, to values in the range of 50 to 200 ft/day, more akin to the actual HK for dune sand, and in the middle of the range in values from other sources (Figure 27); and
• Modify HK and VK as appropriate in Layers 2, 3, and 4 of the model in the vicinity of the well field, such that drawdowns in more distant wells, particularly MW-4 and MW-7, are in accord with those estimated from a conservative extrapolation of the TSW drawdown data.
Along with these changes, the model should be run in non-superposition mode in a range of scenarios, and flow lines plotted to illustrate the revised capture pattern. Mass balance information should be obtained for those portions of the model affected by groundwater flow to the well field, and from the Dune Sand Aquifer to the 180-Foot Aquifer, and used to calculate new fresh water capture and OWP estimates.
CLOSING
Weiss Associates’ work at the California-American Water test slant well site and vicinity was conducted under my supervision. To the best of my knowledge, the data contained herein are true and accurate, based on what can be reasonably understood as a result of this project while satisfying the scope of work prescribed by the client for this project. The data, findings, recommendations, specifications, and/or professional opinions were prepared solely for the use of the California Marine Sanctuary Foundation and the California Coastal Commission in accordance with generally accepted professional engineering and geologic practice. Weiss makes no other warranty, either expressed or implied, and is not responsible for the interpretation by others of the contents herein
EXHIBIT 7 document copy is embedded. 

Independent Hydrogeological Review of Recent Data and Studies Related to California American Water’s Proposed Monterey Regional Water Supply Project Weiss Job No. 466-2148
Weiss Associates
November 1, 2019


Addendum to Staff Report for CDP Application 9-19-0918 and Appeal A-3-MRA-19-0034 (California American Water Company

Thursday, October 31, 2019

CALIFORNIA COASTAL COMMISSION STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT: Staff Recommendation: Substantial Issue Exists; Denial of De Novo Permit; Denial of Regular Permit

UPDATE: 
  1. Items Th8a and Th9a below will share a combined staff report and hearing
  2. (The groundwater section staff expected to add today to the staff report for Items Th 8a & 9a will now be posted on Monday, November 4th)

ABSTRACT: STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT
Appeal No: A-3-MRA-19-0034
Local Government: City of Marina
Decision: Denial
Application No.: 9-19-0918
Applicant: California American Water Company
Appellants: California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga
Project Location: Wellfield at the site of the CEMEX, Incorporated sand mining facility in the City of Marina, Monterey County, and pipelines and associated infrastructure within the Cities of Marina and Seaside, the County of Monterey, and the Commission’s retained jurisdiction.
Project Description: Construct and operate a slant well field, associated water transmission pipelines and related infrastructure within the coastal zone to support a proposed desalination facility located inland of the coastal zone.
Staff Recommendation: Substantial Issue Exists; Denial of De Novo Permit; Denial of Regular Permit

STAFF NOTE: This staff report does not currently include a section analyzing the potential groundwater impacts of the proposed project. Due to delays caused by power outages and wildfires, the independent hydrogeologist that the Commission hired to assess hydrogeological impacts has had to delay issuance of his report, which has necessarily delayed this portion of the staff report. Given the complexity of the proposed project, however, and the significant public interest in the project, staff is issuing this staff report early, even without this section, so that the public will have additional time to review the lengthy report. A revised version of this report will be posted on Friday, November 1, that will include the groundwater analysis.

The STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT and EXHIBITS document copies are embedded. 

STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT

November 2019
Thursday, November 14, 2019
Energy, Ocean Resources & Federal Consistency

8 New Appeals
a.            Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.) Appeal by California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga of City of Marina decision denying permit for construction and operation of well field, pipelines, and associated infrastructure at the CEMEX sand mining facility, Lapis Road, Marina, Monterey County, to be used to provide source water for a desalination facility that would be located outside the coastal zone in Monterey County. (TL-SF) Submit Comment
To: EORFC@coastal.ca.gov
Subject: Public Comment on November 2019 Agenda Item Thursday 8a - Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.)

9 Coastal Permit Applications
a.            Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.) Application of California American Water Company for consolidated permit to construct and operate water delivery pipelines and associated infrastructure within the City of Seaside, County of Monterey, and Commission’s retained jurisdiction to support a desalination facility that would be located outside the coastal zone in Monterey County. (TL-SF) Submit Comment
To: EORFC@coastal.ca.gov
Subject: Public Comment on November 2019 Agenda Item Thursday 8a - Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.)

Wednesday, April 11, 2018

Proceeding Number A.15-07-019 PRESIDING OFFICER’S DECISION ADOPTING PHASE 3B SETTLEMENT AGREEMENT

ABSTRACT: RE: Application of California-American Water Company (U210W) for Authorization to Modify Conservation and Rationing Rules, Rate Design, and Other Related Issues for the Monterey District, the PRESIDING OFFICER’S DECISION ADOPTING PHASE 3B SETTLEMENT AGREEMENT document copy is embedded. Summary This decision grants the February 24, 2017 motion for adoption of a Settlement Agreement with respect to the Phase 3B Settlement Agreement filed on March 8, 2017.  This resolves all Phase 3B issues. Phase 3B is an adjudication of whether a penalty should be imposed upon California-American Water Company in connection with management of its Monterey District tariffs and, if so, how much. The Phase 3B Settlement Agreement includes a return of $500,000 to ratepayers, thereby resolving  disputed issues and recognizing that some customers may have been affected by inaccurate allotments as part of California-American Water Company’s tariff management. It also provides that California-American Water Company will take several actions to improve tariffs, enhance information regarding its tariffs, and expand upon its shared responsibilities with the Monterey Peninsula Water Management District. The proceeding remains open for resolution of Phase 3A. IT IS ORDERED that:
1. The February 24, 2017 motion for adoption of the Settlement Agreement is granted with respect to the Phase 3B Settlement Agreement filed on March 8, 2017.
2. The $500,000 cost waiver in § 4.2.1 shall be applied to the current Water Revenue Adjustment Mechanism/Modified Cost Balancing Account balance.
3. The provisions in § 4.3.2 shall include, but not be limited to: (a) a new website with a new URL, (b) information on the Modified Cost Balancing Account as well as the Water Revenue Adjustment Mechanism, (c) a “one-stop shop” experience for customers, (d) an explanation of the principles that guided the rate design changes, and (e) the website shall remain active beyond 2017. The information on the website shall communicate, educate and inform Monterey District customers regarding rates and rate design changes including, to the extent adopted by the Commission in Phase 3A, appropriate information on the annual consumption true-up pilot program. California American Water Company may seek authority in a future general rate case to deactivate this webpage but absent the grant of such request the webpage shall remain active. While active, California American Water Company shall review the content no less often than annually with the Commission’s Office of Ratepayer Advocates and the Monterey Peninsula Water Management District, and shall make changes when necessary at any time to keep the webpage accurate and current.

FILED 04-09-18
PRESIDING OFFICER’S DECISION ADOPTING PHASE 3B SETTLEMENT AGREEMENT


ATTACHMENT 1
SETTLEMENT AGREEMENT ON PHASE 3B ISSUES
Filed on March 8, 2017

Thursday, February 08, 2018

Proceeding Number A.12-04-019 CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

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 CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE document copy is embedded. Pursuant to Rule 13.9 of the Rules of Practice and Procedure of the California Public Utilities Commission (“Commission”), California-American Water Company respectfully requests the Commission take official notice of the January 2, 2018 correspondence from City of Salinas Mayor Joe Gunter to Mayor Bill Kampe, President of Monterey Peninsula Regional Water Authority (“MPRWA”).
Rule 13.9 states that "[o]fficial notice may be taken of such matters as may be judicially noticed by the courts of the State of California pursuant to Evidence Code section 450 et seq." Judicial notice of an official act of a city is proper pursuant to Evidence Code section 452(c).1 Here, the January 2, 2018 correspondence issued from the Office of the Mayor of Salinas to Mayor Bill Kampe, President of MPWRA, and provided official notice to MPWRA and others that “it is quite likely there will be no water whatsoever available to augment the 3,5000-acre-feet of recycled water that the Pure Water Monterey project has committed to deliver to the Monterey Peninsula.” The January 2, 2018 correspondence is, therefore, an official act of the City of Salinas and is the proper subject of judicial notice pursuant to Evidence Code section 452(c).
FILED 01/09/18
CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

Saturday, January 20, 2018

Proceeding Number A.13-05-017 NOTICE OF RULING SETTING PREHEARING CONFERENCE

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 NOTICE OF RULING SETTING PREHEARING CONFERENCE document copy is embedded. Summary This ruling sets a Prehearing Conference (PHC) for Monday, February 5, 2018, commencing at 10:30 a.m. in the Commission’s Courtroom E, 505 Van Ness Avenue, San Francisco, California.
IT IS RULED
that:
1. The Commission has set a prehearing conference (PHC) in the above captioned matter for Monday, February 5, 2018, commencing at 10:30 a.m., in the Commission’s Courtroom E, 505 Van Ness Avenue, San Francisco, California.
2. Parties shall file PHC statements, not to exceed 7 pages, and no less than 12-point font, no later than Wednesday, January 31, 2018, by the close of business, on the issues set forth in this ruling.
3. Parties should not wait for the PHC to commence discovery. If parties are unable to resolve discovery disputes, they may tender their discovery disputes to the Commission pursuant to the procedure set forth in Resolution ALJ-164 and Rule 11.3 of the Commission’s Rules of Practice and Procedure.
FILED 01-19-18
NOTICE OF RULING SETTING PREHEARING CONFERENCE

Tuesday, October 10, 2017

Proceeding Number A.13-05-017 NOTICE OF REASSIGNMENT

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 NOTICE OF REASSIGNMENT document copy is embedded. Please be advised that Application 13-05-017 is being reassigned from Administrative Law Judge (ALJ) Seaneen Wilson to ALJ Robert Mason.
FILED 9-20-17
NOTICE OF REASSIGNMENT

Tuesday, September 19, 2017

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: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of California-American Water Company (U 210 W) 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. A.13-05-017 (Filed May 24, 2013)
The INTRODUCTION 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 states, in part, as follows:
In accordance with Rule 11 of the Commission’s Rules of Practice and Procedure, Marina Coast Water District (“MCWD”) respectfully moves the Commission to
(1) reverse its prior determination that Exhibit D to the instant application, a public document under Los Angeles County Bd. of Supervisors v. Superior Court (ACLU) (2016) 2 Cal.5th 282, be sealed from disclosure to parties that have chosen not to sign a nondisclosure agreement,
(2) direct that Exhibit D, a public document consisting of the legal invoices of a public agency for services rendered in A.04-09-019 – a proceeding that was closed in 2012 – be placed forthwith in the Commission’s public file in this matter and be served on all parties that have not previously been served with Exhibit D,
(3) vacate or set aside Decision (“D.”) 15-03-002 and D.15-10-052 (the “Decisions”) to facilitate their fair reconsideration as directed by the Supreme Court, and
(4) set a briefing schedule for reconsideration of the Decisions, consistent with the California Supreme Court’s order in its cause number S230728,1 dated May 10, 2017 (the “Remand Order”), as well as the Commission’s process relating to potentially confidential documents, as set forth in D.16-08-024, which was developed during the time that the Supreme Court had jurisdiction of the Decisions and following the grant of MCWD’s petition for writ of review.
Importantly, regarding Exhibit D, “documentation of MCWRA’s legal fees incurred in A.04-09-019” under seal and redacted, “The Court held that the invoices of a public agency for legal services rendered on matters that have concluded are subject to public disclosure.”  As of today, the Commission’s website does not indicate that action has taken place in response to the Remand Order. 
FILED 6-29-17
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

Filed 12/29/16
IN THE SUPREME COURT OF CALIFORNIA
LOS ANGELES COUNTY BOARD OF SUPERVISORS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ACLU OF SOUTHERN CALIFORNIA et al., Real Parties in Interest.
S226645
Ct. App. 2/3 B257230
Los Angeles County
Super. Ct. No. BS145753
DECISION ADOPTING, IN PART CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR ADOPTION OF THE SETTLEMENT AGREEMENT BETWEEN CALIFORNIA-AMERICAN WATER COMPANY, THE COUNTY OF MONTEREY, AND THE MONTEREY COUNTY WATER RESOURCES AGENCY
Decision 15-03-002 March 12, 2015
ORDER DENYING REHEARING OF DECISION (D.) 15-03-002
Decision 15-10-052 October 22, 2015

Friday, August 11, 2017

Proceeding Number A.12-04-019 JOINT STATEMENT OF ISSUES

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 JOINT STATEMENT OF ISSUES document copy is embedded. Pursuant to the Administrative Law Judge’s Ruling Requesting Parties to Identify Issues for Further Evidentiary Hearings (the “Ruling”), California-American Water Company (“California American Water”), City of Marina, Coalition of Peninsula Businesses, Citizens for Just Water, City of Pacific Grove, County of Monterey, LandWatch Monterey County, Latino Water-Use Coalition-Monterey Peninsula/ Latino Seaside Merchants Assoc./ Communidad En Accion, Marina Coast Water District, Monterey County Farm Bureau, Monterey County Water Resources Agency, Monterey Peninsula Regional Water Authority, Monterey Peninsula Water Management District, Monterey Regional Water Pollution Control Agency, Office of Ratepayer Advocates, Planning and Conservation League, Public Trust Alliance, Public Water Now, Salinas Valley Water Coalition, Sierra Club, Surfrider Foundation, and Water Plus1 submit this Joint Statement of Issues (“Joint Statement”).
Accordingly, the parties respectfully request (1) a prompt ruling identifying what issues will be addressed at further evidentiary hearings, and (2) following that ruling, a status conference at which time a procedural schedule can be addressed and, if possible, an update by the Commission on the current timing of the California Environmental Quality Act (CEQA) process.
FILED 6-30-17
JOINT STATEMENT OF ISSUES

Sunday, December 04, 2016

Proceeding Number A.15-07-019 DECISION ADDRESSING WRAM BALANCES, RATE DESIGN, CONSERVATION AND RATIONING RULES, AND OTHER ISSUES FOR THE MONTEREY DISTRICT

ABSTRACT: RE: Application of California-American Water Company (U210W) for Authorization to Modify Conservation and Rationing Rules, Rate Design, and Other Related Issues for the Monterey District, the DECISION ADDRESSING WRAM BALANCES, RATE DESIGN, CONSERVATION AND RATIONING RULES, AND OTHER ISSUES FOR THE MONTEREY DISTRICT and Public Results of Commission Meeting December 1, 2106 –Agenda 3389 document copies are embedded. At the Commission Meeting December 1, 2016, Commissioners Michael Picker, President, Michel Peter Florio, Carla J. Peterman, Liane M. Randolph, Catherine J.K. Sandoval “Signed.” (D.16-12-003)
DECISION ADDRESSING WRAM BALANCES, RATE DESIGN, CONSERVATION AND
RATIONING RULES, AND OTHER ISSUES FOR THE MONTEREY DISTRICT
IT IS ORDERED that:
1. California-American Water Company (Cal-Am) shall, within 30 days of the date of this decision, file a Tier 2 advice letter in conformance with General Order 96-B. The advice letter shall request recovery of the 2013 and 2014 Water Revenue Adjustment Mechanism/Modified Cost Balancing Account (WRAM/MCBA) balance through 2014 for the Monterey District of $39.8 million authorized in this decision, reduced by collections from existing WRAM/MCBA surcharges, to be recovered over five years with interest at the 90-day commercial paper rate. The advice letter shall clearly and fully itemize the WRAM/MCBA balance through 2014, including adjustments for collections from existing surcharges. The recovery shall be by a fixed monthly surcharge assessed on the basis of meter size using standard meter ratios. The multiple volumetric surcharges now in place for this recovery shall be terminated concurrent with the advice letter becoming effective. When the rates are to become effective, Cal-Am shall provide customer notice and explanation of the rate changes, with the notice first reviewed by the Commission’s Public Advisor.
2. Future Water Revenue Adjustment Mechanism/Modified Cost Balancing Account (WRAM/MCBA) advice letters filed and served by California-American Water Company (Cal-Am) for the Monterey District shall request recovery of under-collections (or refunds of over-collections) by a uniform surcharge (or surcredit) on each unit of water sold (volumetric rate) including Tier 1. This applies to all WRAM/MCBA balances recovered once the new rate design is implemented. Cal-Am shall provide customer notice of each such advice letter consistent with General Order (GO) 96-B. In addition, for each of the next three advice letter requests, Cal-Am shall notify all customers in the Monterey District by bill insert or direct mail of the request even if that notice is not otherwise required by GO 96-B. The Notice shall be approved by the Commission’s Public Advisor before it is issued by Cal-Am.
3. California-American Water Company (Cal-Am) shall, within 3060 days of the date of this decision, file a Tier 2 advice letter in conformance with General Order 96-B. The advice letter shall include tariffs for the Monterey District that: (a) eliminate the residential allotment system, (b) recover 30 percent of residential customer fixed costs in the residential monthly service charge, (c) use the temporary modification to standard residential meter ratios recommended by
Cal-Am for recovery of the increased percentage of fixed costs in the residential monthly service charge, (d) use the standardized residential rate design recommended by Cal-Am in which each customer gets the same amount of water in each tier at the tier break points and modified block widths, (e) reduce the multiple of Tier 5 to Tier 1 residential rates to 8 as proposed by Cal-Am, (f) use 2015 residential consumption data for rate development, (g) apply a 30 percent discount from the monthly service charge and the rates in Tier 1 through 4 for customers in the low income ratepayer assistance program, and (h) move 8.4 percent of forecast revenue collection from residential to non-residential customers. Cal-Am shall, and parties may, as soon as feasible, recommend elimination of the temporary modification to the standard residential meter ratios for recovery of the increased percentage of fixed costs in the residential monthly service charge. , and shall do so by the time of Cal-Am’s next general rate case (after Application 16-07-002) or explain in that general rate case why not. When the rates are to become effective, Cal-Am shall provide customer notice and explanation of the rate changes, with the notice first reviewed by the Commission’s Public Advisor.
4. California-American Water Company shall study the following issue and report its findings along with its recommendations in Application 16-07-002. The issue is the potential for automatic enrollment in the low income ratepayer assistance program, along with coordination with energy utilities, municipalities, and community based organizations to provide conservation information and tools to its customers.
5. The June 17, 2016 Motion for Adoption of Settlement Agreement Between California-American Water Company and Monterey Peninsula Water Management District on the Annual Consumption True-Up Pilot Program and on the Modifications to Monterey District Rule 14.1.1 and Tariff Schedule MO-14.1.1 is denied. California-American Water Company and parties are encouraged to file and serve a motion for Commission adoption of an improved annual consumption true-up pilot program, with the improvements incorporating those stated in the body of this decision as well as addressing the issues also stated in the body of the decision. That motion, if any, shall be filed and served within 60 days of the date of this decision. The Administrative Law Judge may extend the 60 day deadline for good cause.
6. California-American Water Company (Cal-Am) shall, within 30 days of the date of this decision, file a Tier 2 advice letter in conformance with General Order 96-B. The advice letter shall include a modified Monterey District Rule 14.1.1 and Tariff Schedule MO-14.1.1 that is consistent with the proposal attached to July 13, 2016 Reply Comments filed by Cal-Am and Monterey Peninsula Water Management District with one modification: Schedule 14.1.1 part B.4 (and related part(s) in Rule 14.1.1 if any) shall be modified to read: “Once the Schedule is activated, utility can implement Stages 2, 3, and 4 or change levels of the Emergency Conservation Rates, of the Schedule by filing a Tier 2 advice letter.”
7. Application 15-07-019 remains open in Phase 3 to address (a) a motion, if filed, for Commission adoption of an improved annual consumption true-up pilot program, and (b) a penalty phase. Parties in Phase 3 shall address by evidence and briefs, as appropriate, whether or not a penalty (if any is ultimately assessed) can be returned directly to ratepayers, including the desirability, feasibility, legality, and any other relevant factors that must be considered in doing so.
DECISION ADDRESSING WRAM BALANCES, RATE DESIGN, CONSERVATION AND RATIONING RULES, AND OTHER ISSUES FOR THE MONTEREY DISTRICT

 Public Utilities Commission of the State of California
Results of Public Agenda 3389
ThursdayDecember 1, 2016 9:30 a.m.
San Francisco, California
(Item #7)