Scope of Proceeding

The Assigned Commissioner's Scoping Memo and Ruling (Scoping Memo), in the instant proceeding, was issued on October 13, 2011. The Scoping Memo determined that the threshold question in this proceeding is does the complaint set forth any issue(s) that are under the jurisdiction of the California Public Utilities Commission (Commission or CPUC)?

Included in this question were the following sub-issues:

1. What, if any, is the Commission's role in determining the water quality for a well?

2. Does the Commission have the authority to order the sale of land and or granting of an easement in a property dispute?

3. Does the Commission have the authority to order a party be reimbursed for legal fees?

4. If the answer to questions 2 and/or 3 is yes should the Commission exercise its authority prior to the culmination of the pending civil action between the parties?

Both parties were instructed to brief the issues raised in the Scoping Memo. Issue briefs were filed on November 14, 2011.