5. Comments on Alternate Draft Decision
The alternate draft decision of assigned Commissioner Duque was mailed to the parties in accordance with Pub. Util. Code § 311(d) and Rule 77.1 of the Rules of Practice and Procedure. Comments were received on _______________________.
1. Bidwell Water Company is a water corporation within the meaning of the Public Utilities Code.
2. Bidwell's principal office and place of business is in Plumas County, California.
3. The Commission conducted a hearing on October 30, 2001, to determine whether Bidwell is unable or unwilling to adequately serve its ratepayers, or has been actually or effectively abandoned by its owners, or is unresponsive to the rules and orders of the Commission.
4. Timely notice of the hearing was served upon respondents Bidwell and its owners, Thomas and Vicki Jernigan.
5. Bidwell's mains are old and subject to periodic failure, requiring partial outages to effect necessary repairs. System outages are rare, and CSD staff believes Bidwell is currently serving its customers adequately. Similarly, CSD staff does not contest Bidwell's compliance with water quality standards.
6. Bidwell's relations with Commission staff have been marred by occasional verbal abuse directed at staff by Bidwell's officers and agents.
7. Management has not actually or effectively abandoned Bidwell, and it shows no intention of doing so.
8. Bidwell has, on occasion, used SDWBA surcharge funds to operate the system, and has not fully complied with Commission orders in I.97-04-013 to restore funds to its trust account for repayment of the SDWBA loan.
1. On the basis of the record, the Commission cannot determine, as a matter of law, that Bidwell is unable or unwilling to adequately serve its ratepayers, or that it has been actually or effectively abandoned by its owners, or that it is unresponsive to the rules or orders of the Commission, within the meaning of Section 855 of the Public Utilities Code.
2. At this time, and while awaiting the filing of a compliance plan as set forth in Section 4 of the foregoing Opinion, the Commission should not petition the Superior Court for the County of Plumas for the appointment of a receiver to assume possession of, and to operate, the facilities of Bidwell.
3. The Commission should order Bidwell to file and serve a compliance plan, or an application for authority to transfer the water utility, as set forth in Section 4 of the foregoing Opinion. Failure to timely file such compliance plan or application would constitute unresponsiveness to Commission order, within the meaning of Public Utilities Code Section 855.
4. This Order should be effective immediately in order to remedy as soon as possible the long-standing problems affecting Bidwell.
IT IS ORDERED that:
1. Bidwell Water Company (Bidwell) shall timely file and serve in this proceeding a compliance plan, or an application for authority to transfer the water utility, as set forth in Section 4 of the foregoing Opinion, and there shall be an opportunity for comment and reply on the compliance plan as set forth in Section 4. If Bidwell files an application for authority to transfer, the application shall comply with our applicable Rules of Practice and Procedure and be considered in a docket consolidated with this proceeding.
2. If Bidwell fails to timely file a compliance plan or an application pursuant to Ordering Paragraph 1, the Commission's General Counsel is authorized to petition the Superior Court for the County of Plumas for appointment of a receiver under Public Utilities Code Section 855.
3. Investigation 01-10-002 shall remain open for submission of the compliance plan.
This order is effective today.
Dated , at San Francisco, California.
