ALJ/BMD/jt2 Date of Issuance 8/2/2010

Decision 10-07-027 July 29, 2010

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of San Jose Water Company (U168W) for an Order Determining that Authorization of its sale of Property #181, Site of the Doyle Road Station, was not and is not required.

Application 09-12-026 (Filed December 21, 2009)

DECISION ADOPTING STIPULATION OF FACTS AND FINDING PROPERTY NOT NECESSARY OR USEFUL FOR UTILITY PURPOSES AT THE TIME OF SALE

Summary

This decision grants the joint motion of San Jose Water Company (SJWC) and the Division of Ratepayer Advocates for Commission Adoption of the Stipulation of Facts (Stipulation), and applies the Stipulation to the sale of SJWC's Property Number 181 at Doyle Road Station (Property 181). By applying the Stipulation, the Commission finds that, as required by Public Utilities Code Section 851,¹ Property 181 was not necessary or useful at the time of its sale for water utility purposes, and is not necessary or useful at this time. As Property 181 has been sold, Commission authorization of the sale is not required.

This proceeding is closed.

¹ All references to codes are to the Public Utilities Code unless otherwise noted. Code Section 851 governs the sale or other disposition or encumbrance of public utility property.