7. Disposition of Cal Water's Application

The findings and conclusions in today's decision dispose of the substantive issues to be addressed in Cal Water's application. The Commission did not adjudicate, much less grant, Nelson a right to reimbursement, enforced by access to water service from Cal Water, from any developer of the Trend Homes property. The Commission did determine the appropriate ratemaking treatment for Cal Water's acquisition of the Wesmilton system, and no justification has been presented to revise that treatment to support a payment from ratepayers for the benefit of Nelson.

Because ratepayers generally and the Emmetts specifically cannot be compelled to fund a payment for the benefit of Nelson, we must dismiss the application. No party has identified a disputed issue of material fact so no evidentiary hearings are necessary. Thus, we conclude that the record can be closed and the matter determined at this time.

Nelson argues that his payment assisted the Commission in replacing a system with contaminated wells with a reliable provider of potable water, which is uncontroverted. A laudable outcome, however, does not justify requiring non-parties to contribute to the acquisition premium paid to the former owner of the Wesmilton System. Moreover, Nelson offers no jurisdictional analysis that supports use of this Commission's ratemaking authority to create and collect an alleged third-party debt, a use that our research suggests is unprecented.

The Emmetts have requested public utility water service from Cal Water. Cal Water's application should be dismissed and Cal Water should provide public utility water service to the Emmetts consistent with its tariffs.

This proceeding should be closed.