IV. REMEDIES, PROCEEDING CATEGORY AND NEED FOR HEARING
For any violations of the Public Utilities Code, the Commission's Rules of Practice & Procedure, Rate Case Plan, or the USOA, the Commission will consider fines and penalties or any other relief the Commission finds appropriate.
Rule 7.1(d) of the Commission's Rules specifies that an Order Instituting Investigation will preliminarily determine the category of the proceeding and the need for hearing. We determine that this proceeding is adjudicatory as defined in Rule 1.3(a), and evidentiary hearings may be necessary. At this point we are not able to predict whether evidentiary hearings will be needed.
THEREFORE, IT IS ORDERED that:
1. An investigation on the Commission's own motion as directed by D.10-11-034 is hereby instituted to determine whether Great Oaks Water Company ("Great Oaks") violated: 1) Public Utilities Code Section 794; 2) Public Utilities Code Section 451; 3) the Uniform System of Accounts for Class A Water Companies; or 4) the Commission's Rate Case Plan for Class A Water Utilities.
2. Great Oaks is hereby ordered to respond to these allegations and show cause why it should not be sanctioned for apparently violating Commission rules by withholding pertinent information from DRA during its GRC proceeding (A.09-09-001);
3. CPSD is hereby named as a party to this proceeding;
4. The Commission may adopt fines, penalties, and any remedial actions that will prevent Great Oaks from future violations or any other relief the Commission finds appropriate;
5. Pursuant to Rule 7.1(c), of the Commission's Rules of Practice and Procedure, this proceeding is categorized as adjudicatory, and deemed to require hearings. Ex parte communications are prohibited pursuant to Rule 8.2(b). The determination as to the category is appealable under Rule 7.6 of the Commission's Rules of Practice and Procedure;
6. A prehearing conference shall be convened before an Administrative Law Judge ("ALJ") to establish a schedule in this matter, including the dates, time and location for the possibility of an evidentiary hearing if it is necessary;
7. The Executive Director shall cause a copy of this Order to be served via overnight and electronic mail on Great Oaks:
Timothy Guster, General Counsel, Great Oaks Water Company,
20 Great Oaks Boulevard, #120, San Jose, CA 94119
Mark Fogelman, Counsel, Friedman Dumas & Springwater,
33 New Montgomery Street, Suite 290
San Francisco, CA 94105
Danilo Sanchez, DRA Water Branch Manager, California Public Utilities Commission, 505 Van Ness Avenue
San Francisco, CA 94102.
This order is effective today.
Dated April 19, 2012, at San Francisco, California.
MICHAEL R. PEEVEY
President
TIMOTHY ALAN SIMON
MICHEL PETER FLORIO
CATHERINE J.K. SANDOVAL
MARK FERRON
Commissioners
