COM/HMD/jva DRAFT Item 1a

4/18/02

Agenda ID 360

Decision ALTERNATE DRAFT DECISION OF COMMISSIONER DUQUE
(Mailed 3/12/02)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Investigation on the Commission's Own Motion Into the Operations and Practices of Bidwell Water Company and Its Owners and Operators, Thomas and Vicki Jernigan, and Order to Show Cause Why Findings Should Not Be Entered by the Commission Under Public Utilities Code Section 855.

Investigation 01-10-002

(Filed October 2, 2001)

Stephanie Martinez, Attorney at Law, and
Thomas Joseph Jernigan, for Bidwell Water
Company and its Owners and Operators,
Thomas and Vicki Jernigan, respondents.

Carol A. Dumond, Attorney at Law, and
Mark Bumgardner, for the Commission's

Consumer Services Division.

OPINION ON ORDER TO SHOW
CAUSE CONCERNING FINDINGS UNDER
PUBLIC UTILITIES CODE SECTION 855

Table of Contents

Page

OPINION ON ORDER TO SHOW CAUSE CONCERNING FINDINGS
UNDER PUBLIC UTILITIES CODE SECTION 855 2 2

1. Summary 2 2

2. Background and Procedural History 2 2

3. Discussion 3 3

3.1 Service Adequacy 5 5

3.2 Abandonment 7 7

3.3 Unresponsiveness to Rules or Orders 10 10

3.4 Bidwell's Showing 14 14

4. Compliance Plan 15 15

5. Comments on Alternate Draft Decision 17 17

Findings of Fact 17 17

Conclusions of Law 18 18

ORDER 19 19

OPINION ON ORDER TO SHOW
CAUSE CONCERNING FINDINGS UNDER
PUBLIC UTILITIES CODE SECTION 855

1. Summary

The Commission finds that a showing has not been made sufficient to support a determination that Bidwell Water Company (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 orders or rules of the Commission. However, the Commission finds that Bidwell has not fully complied with orders issued in a prior investigation. Today's decision requires Bidwell to develop a compliance plan for correcting these irregularities.