Showing posts with label Proceeding A.12-04-019 Administrative Law Judge's Rulings. Show all posts
Showing posts with label Proceeding A.12-04-019 Administrative Law Judge's Rulings. Show all posts

Wednesday, September 12, 2018

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING

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 JUDGE’S RULING document copy is embedded.

FILED 09/07/18
ADMINISTRATIVE LAW JUDGE’S RULING

Thursday, April 26, 2018

Proceeding Number A.12-04-019 E-MAIL RULING REGARDING REQUEST FOR LEAVE TO FILE A REPLY TO RESPONSES TO THE JOINT MOTION FOR REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD


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 E-MAIL RULING REGARDING REQUEST FOR LEAVE TO FILE A REPLY TO RESPONSES TO THE JOINT MOTION FOR REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD document copy is embedded. 

FILED 04-17-18
E-MAIL RULING REGARDING REQUEST FOR LEAVE TO FILE A REPLY TO RESPONSES TO THE JOINT MOTION FOR REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD

Thursday, March 15, 2018

Proceeding Number A.12-04-019 E-MAIL RULING SCHEDULE FOR FINAL BRIEFING AND RELATED MATTERS

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 E-MAIL RULING SCHEDULE FOR FINAL BRIEFING AND RELATED MATTERS document copy is embedded.


FILED 03/07/18
E-MAIL RULING SCHEDULE FOR FINAL BRIEFING AND RELATED MATTERS

Thursday, February 08, 2018

Proceeding Number A.12-04-019 E-MAIL RULING GRANTING CALIFORNIA AMERICAN WATER COMPANY'S REQUEST TO REPLY IN SUPPORT OF ITS JANUARY 9, 2018 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 E-MAIL RULING GRANTING CALIFORNIA AMERICAN WATER COMPANY'S REQUEST TO REPLY IN SUPPORT OF ITS JANUARY 9, 2018 REQUEST FOR OFFICIAL NOTICE document copy is embedded. On January 23, 2018, California American Water Company (Cal-Am) requested permission to file a reply in support of Cal-Am's January 9, 2018 request for official notice. The request to file a reply is granted. Since this response was delayed until today (due to a delay in the filing of the original request), the date for the reply will be extended by 5 days. As a result, the reply is due by Friday, February 9, 2018. The reply must state in the opening paragraph that it was authorized by email on February 1, 2018.
IT IS SO RULED
FILED 02/01/18
E-MAIL RULING GRANTING CALIFORNIA AMERICAN WATER COMPANY'S REQUEST TO REPLY IN SUPPORT OF ITS JANUARY 9, 2018 REQUEST FOR OFFICIAL NOTICE

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGES’ RULING SETTING STATUS CONFERENCE AND REQUESTING PARTIES TO SUBMIT ADDITIONAL INFORMATION IN SUPPORT OF MOTION FOR ADDITIONAL EVIDENTIARY HEARINGS

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 SETTING STATUS CONFERENCE AND REQUESTING PARTIES TO SUBMIT ADDITIONAL INFORMATION IN SUPPORT OF MOTION FOR ADDITIONAL EVIDENTIARY HEARINGS document copy is embedded. Summary A status conference will be held on:
February 27, 2018 at 1:30 p.m.
Commission Courtroom
505 Van Ness Avenue
San Francisco, California

The purpose is to discuss the potential of opening a Phase 3 for this proceeding. The parties have raised issues where we believe there may be value to examining potential additional, alternative, supplemental and/or temporary water supply options to the Monterey Peninsula Water Supply Project (MPWSP).1 However, we do not believe the parties have provided sufficient information for us to pursue a Phase 3 at this time. Therefore, we direct the parties to provide additional information as set forth below.
IT IS RULED that:
1. A status conference shall be held at 1:30 p.m. on February 27, 2018 in the Commission Courtroom, 505 Van Ness Avenue, San Francisco, California for the purpose of hearing proposals from parties on the remaining schedule for the proceeding and whether a Phase 3 with additional evidentiary hearings should commence.
2. Parties shall file and serve a Joint Case Management Statement by 5:00 p.m. on February 22, 2018.

Aljs' Ruling Setting Status Conference 02-08-18 by L. A. Paterson on Scribd
FILED 02/08/18
ADMINISTRATIVE LAW JUDGES’ RULING SETTING STATUS CONFERENCE AND REQUESTING PARTIES TO SUBMIT ADDITIONAL INFORMATION IN SUPPORT OF MOTION FOR ADDITIONAL EVIDENTIARY HEARINGS

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

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING DENYING WATER PLUS THIRD MOTION TO DISMISS

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 JUDGE’S RULING DENYING WATER PLUS THIRD MOTION TO DISMISS document copy is embedded. SUMMARY On June 1, 2017, Water Plus filed a “Motion to Dismiss the Proceeding on the Monterey Peninsula Water Supply Project Because of Prohibition of Groundwater Exportation and Data Tampering in Model Evaluation.” The motion is denied because (1) it does not state the law supporting the requested ruling; (2) triable issues of material fact remain; and (3) even interpreting the facts in the manner most favorable to Water Plus, Water Plus would not be entitled to judgment as a matter of law. IT IS RULED that the June 1, 2017 Water Plus Motion to Dismiss the Proceeding is denied.
FILED 12-04-17
ADMINISTRATIVE LAW JUDGE’S RULING DENYING WATER PLUS THIRD MOTION TO DISMISS

Saturday, November 25, 2017

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

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING ON CITIZENS FOR JUST WATER’S SHOWING OF SIGNIFICANT FINANCIAL HARDSHIP

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 JUDGE’S RULING ON CITIZENS FOR JUST WATER’S SHOWING OF SIGNIFICANT FINANCIAL HARDSHIP document copy is embedded. IT IS RULED that:
1. The Notice of Intent to Claim Intervenor Compensation filed by Citizens for Just Water is rejected for the reasons set forth.
2. Additional guidance is provided to Citizens for Just Water as set forth above.
FILED 11-20-17
ADMINISTRATIVE LAW JUDGE’S RULING ON CITIZENS FOR JUST WATER’S SHOWING OF SIGNIFICANT FINANCIAL HARDSHIP

Thursday, November 16, 2017

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGES’ RULING MODIFYING OCTOBER 27, 2017 RULING REGARDING CALIFORNIA-AMERICAN WATER COMPANY’S MOTION TO STRIKE TESTIMONY

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 MODIFYING OCTOBER 27, 2017 RULING REGARDING CALIFORNIA-AMERICAN WATER COMPANY’S MOTION TO STRIKE TESTIMONY document copy is embedded.
FILED 11-13-17
ADMINISTRATIVE LAW JUDGES’ RULING MODIFYING OCTOBER 27, 2017 RULING REGARDING CALIFORNIA-AMERICAN WATER COMPANY’S MOTION TO STRIKE TESTIMONY

Friday, October 27, 2017

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING REGARDING ADDITIONAL INFORMATION FOR PARTIES TO PROVIDE PRIOR TO EVIDENTIARY HEARINGS

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 JUDGE’S RULING REGARDING ADDITIONAL INFORMATION FOR PARTIES TO PROVIDE PRIOR TO EVIDENTIARY HEARINGS document copy is embedded.
FILED 10-16-17
ADMINISTRATIVE LAW JUDGE’S RULING REGARDING ADDITIONAL INFORMATION FOR PARTIES TO PROVIDE PRIOR TO EVIDENTIARY HEARINGS

Proceeding Number A.12-04-019 E-MAIL RULING SHORTENING TIME FOR RESPONSE TO CALIFORNIA-AMERICAN WATER COMPANY MOTION TO STRIKE TESTIMONY AND SHORTEN RESPONSE TIME

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 E-MAIL RULING SHORTENING TIME FOR RESPONSE TO CALIFORNIA-AMERICAN WATER COMPANY MOTION TO STRIKE TESTIMONY AND SHORTEN RESPONSE TIME document copy is embedded. IT IS RULED that Applicant's motion to shorten time is granted in part. Responses to Applicant's October 12, 2017 motion to strike shall be filed and served by October 20, 2017.
FILED 10-17-17
E-MAIL RULING SHORTENING TIME FOR RESPONSE TO CALIFORNIA-AMERICAN WATER COMPANY MOTION TO STRIKE TESTIMONY AND SHORTEN RESPONSE TIME

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING REGARDING ADDITIONAL INFORMATION FOR PARTIES TO PROVIDE PRIOR TO EVIDENTIARY HEARINGS

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 JUDGE’S RULING REGARDING ADDITIONAL INFORMATION FOR PARTIES TO PROVIDE PRIOR TO EVIDENTIARY HEARINGS document copy is embedded.
FILED 10-16-17
ADMINISTRATIVE LAW JUDGE’S RULING REGARDING ADDITIONAL INFORMATION FOR PARTIES TO PROVIDE PRIOR TO EVIDENTIARY HEARINGS

Proceeding Number A.12-04-019 E-MAIL RULING SHORTENING TIME FOR RESPONSE TO CALIFORNIA-AMERICAN WATER COMPANY MOTION TO STRIKE TESTIMONY AND SHORTEN RESPONSE TIME

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 E-MAIL RULING SHORTENING TIME FOR RESPONSE TO CALIFORNIA-AMERICAN WATER COMPANY MOTION TO STRIKE TESTIMONY AND SHORTEN RESPONSE TIME document copy is embedded. IT IS RULED that Applicant's motion to shorten time is granted in part. Responses to Applicant's October 12, 2017 motion to strike shall be filed and served by October 20, 2017.
FILED 10-17-17
E-MAIL RULING SHORTENING TIME FOR RESPONSE TO CALIFORNIA-AMERICAN WATER COMPANY MOTION TO STRIKE TESTIMONY AND SHORTEN RESPONSE TIME

Proceeding Number A.12-04-019 E-MAIL RULING SHORTENING TIME FOR RESPONSES TO CITY OF MARINA MOTION TO STRIKE

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 E-MAIL RULING SHORTENING TIME FOR RESPONSES TO CITY OF MARINA MOTION TO STRIKE document copy is embedded. IT IS RULED that responses to the City of Marina motion to strike portions of the rebuttal testimony of California American Water Company shall be filed and served by October 24, 2017.
FILED 10-20-17

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGES’ RULING GRANTING IN PART AND DENYING THE REST OF THE MOTION OF CALIFORNIA-AMERICAN WATER COMPANY TO STRIKE TESTIMONY AND TO SHORTEN RESPONSE TIME

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 GRANTING IN PART AND DENYING THE REST OF THE MOTION OF CALIFORNIA-AMERICAN WATER COMPANY TO STRIKE TESTIMONY AND TO SHORTEN RESPONSE TIME document copy is embedded.

Monday, September 18, 2017

Proceeding Number A.12-04-019 ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING ISSUES AND SCHEDULE FOR FURTHER EVIDENTIARY HEARINGS AND REQUIRING SUBMISSION OF SUPPORTING DOCUMENTS

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 ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING ISSUES AND SCHEDULE FOR FURTHER EVIDENTIARY HEARINGS AND REQUIRING SUBMISSION OF SUPPORTING DOCUMENTS document copy is embedded.
SUMMARY This Ruling states the issues for further evidentiary hearing, sets the schedule for the service of proposed testimony, and sets the date for hearing. It addresses possible settlement of the issues presented herein. It requires that all future proposed testimony not only be served on the service list but also be electronically submitted to the Commission using the protocols and format for Supporting Documents.
The evidentiary hearing will begin at 9:30 a.m. on October 25, 2017 in the Commission Courtroom, 505 Van Ness Avenue, San Francisco, California. It will continue on October 26, and October 30 through November 3, 2017, if needed.
IT IS RULED that:
1. The issues to be heard in further evidentiary hearing are those stated in the body of this ruling. The schedule is as stated in the body of this ruling.
2. Parties are encouraged to consider settlement of some or all issues, and, if settlement is undertaken, settlement shall be pursued in a manner consistent with the Commission’s Rules of Practice and Procedure.
3. Parties shall submit supporting documents, including written proposed testimony, to the Commission’s Supporting Documents filing system consistent with the instructions in the body of this Ruling.
FILED 8-28-17
ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING ISSUES AND SCHEDULE FOR FURTHER EVIDENTIARY HEARINGS AND REQUIRING SUBMISSION OF SUPPORTING DOCUMENTS

Friday, August 11, 2017

Proceeding Number A.12-04-019 ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING PREHEARING CONFERENCE AND IDENTIFYING ISSUES FOR FURTHER HEARINGS

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 ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING PREHEARING CONFERENCE AND IDENTIFYING ISSUES FOR FURTHER HEARINGS document copy is embedded. 
IT IS RULED that:
1. A Prehearing Conference shall be held at 1:00 p.m. on August 18, 2017 in the Commission Courtroom, 505 Van Ness Avenue, San Francisco, California for the purpose of hearing proposals from parties on the remaining schedule for the Certificate of Public Convenience and Necessity portion of this proceeding, and anything else parties recommend for the Commission to efficiently and equitably complete this proceeding by June 30, 2018.
2. Parties may file and serve Prehearing Conference Statements and shall do so by 12 noon on August 17, 2017. Parties shall make all reasonable efforts to file one Joint PHC Statement. If unable to do so, parties should seek to agree with as much as possible of the Joint PHC Statement and concurrently file their own PHC Statement which states their differing or opposing views.
3. As the scheduling of this PHC may impact the August 17 and 18, 2017 evidentiary hearing in Application (A.) 15-07-019, this ruling is being served on parties to this proceeding and A.15-07-019.
FILED 8-07-17
ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING PREHEARING CONFERENCE AND IDENTIFYING ISSUES FOR FURTHER HEARINGS

Wednesday, June 21, 2017

Proceeding Number A.12-04-019 E-MAIL RULING GRANTING EXTENSION TO FILE STATEMENT OF ISSUES AND COMMENTS

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 E-MAIL RULING GRANTING EXTENSION TO FILE STATEMENT OF ISSUES AND COMMENTS document copy is embedded. IT IS RULED that the dates for filing a Statement of Issues and comments are extended. The Statement of Issues shall be filed and served by June 30, 2017. Comments, if any, on a Statement of Issues shall be filed and served by July 11, 2017.
FILED 6-14-17
E-MAIL RULING GRANTING EXTENSION TO FILE STATEMENT OF ISSUES AND COMMENTS

Monday, June 12, 2017

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING PARTIES TO IDENTIFY ISSUES FOR FURTHER EVIDENTIARY HEARINGS

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 JUDGE’S RULING REQUESTING PARTIES TO IDENTIFY ISSUES FOR FURTHER EVIDENTIARY HEARINGS document copy is embedded. IT IS RULED that:
1. Parties shall by June 23, 2017 file and serve a Statement of Issues that complies with the requirements stated in the body of this ruling. Parties shall make a reasonable effort to present one joint Statement of Issues.
2. If more than one Statement of Issues is filed, parties may file and serve comments on the Statement of Issues of other parties, and those comments shall be filed and served within seven days of the date the Statement of Issues was filed.
FILED 6-09-17
ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING PARTIES TO IDENTIFY ISSUES FOR FURTHER EVIDENTIARY HEARINGS