STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
November 10, 2010
TO PARTIES OF RECORD IN CASE 09-03-024, DECISION 10-11-002
On October 6, 2010, a Presiding Officer's Decision in this proceeding was mailed to all parties. Public Utilities Code Section 1701.2 and Rule 15.5(a) of the Commission's Rules of Practice and Procedure provide that the Presiding Officer's Decision becomes the decision of the Commission 30 days after its mailing unless an appeal to the Commission or a request for review has been filed.
No timely appeals to the Commission or requests for review have been filed. Therefore, the Presiding Officer's Decision is now the decision of the Commission.
The decision number is shown above.
/s/ CHARLOTTE TERKEURST for KVC
Karen V. Clopton, Chief
Administrative Law Judge
KVC:tcg
Attachment
ALJ/POD-GW2/tcg Date of Issuance 11/10/2010
Decision 10-11-002
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Jurupa Community Services District, Complainant, vs. Empire Water Company, LLP, Defendant. |
Case 09-03-024 (Filed March 23, 2009) |
(See Appendix A for List of Appearances.)
PRESIDING OFFICER'S DECISION
DISMISSING COMPLAINT AND DECERTIFYING PUBLIC UTILITY
TABLE OF CONTENTS
Title Page
PRESIDING OFFICER'S DECISION DISMISSING COMPLAINT AND DECERTIFYING PUBLIC UTILITY 11
4. Issues Before the Commission 88
5.1. Insufficient Showing that the Water is Being Held Out
for Public Use 99
5.1.1. Public Character of School District Does Not Make
the Water Delivered to It Dedicated to Public Use 1212
5.1.2. Determining What Entity is Primarily Responsible
for Delivery of the Water and Whether that Entity
is Exempt from Commission Regulation is not
Necessary Due to the Finding that the Water is not Dedicated to Public Use 1313
5.2. Approval Prospectively of the Transfer of the Canal Portion
of the Water Distribution System Formalizes the Earlier
De Facto Change in the Character of the Canal from
being Dedicated to being Undedicated as to Public Use 1515
Appendix A - List of Appearances
PRESIDING OFFICER'S DECISION
DISMISSING COMPLAINT AND DECERTIFYING PUBLIC UTILITY
1. Summary
In this adjudication the Complainant, Jurupa Community Services District, sought to have the Commission determine that Defendant Empire Water Corporation is a provider of water services that is violating provisions of the Public Utilities Code and ought to be regulated by the Commission. The Defendant contended that it is not the entity providing the water service, that the water involved is not dedicated to the public and that its activities in any event come within an exemption contained in the Public Utilities Code.
This decision holds that the Defendant is not subject to the ongoing regulatory jurisdiction of the Commission because the Complainant failed to meet its burden of proving that the water delivered to the three customers involved is dedicated to public use. The decision finds, however, that the Defendant violated the Public Utilities Code when it failed to seek and receive Commission approval of a December 2007 assignment of assets from the Commission-regulated West Riverside Canal Company to Defendant. Due to extenuating circumstances, a penalty of $0.00, zero dollars, is imposed for that violation.
The certificate of public convenience and necessity of the West Riverside Canal Company is cancelled.
The Complaint is dismissed.
