7. Assignment of Proceeding

Catherine J.K. Sandoval is the assigned Commissioner and Robert M. Mason III is the assigned ALJ in this proceeding.

Findings of Fact

1. On February 1, 2010, Alco filed A.10-02-006, a general rate case and sought authorization to increase rates for water service, include the Rosehart Industrial Park Water System into Alco's certificated service area, and charge Commission-authorized rates.

2. On March 16, 2011, the Commission issued D.11-03-005 which granted Alco's request and approved the settlement agreement between Alco, DRA, and the City of Salinas.

3. On April 12, 2011, Alco filed an Advice Letter 146 that requested authorization "to make effective the tariff sheets attached to Advice Letter  146, which included the Rosehart Area Map."

4. On April 27, 2011, the Commission's Water & Sewer Advisory Branch wrote to Alco and stated, in part, that the "Commission has received and filed the utility's Advice Letter 146, to include the Rosehart Industrial Park Water System into Alco's certificated area, to charge the rates charged for the Salinas Division, and to withdraw its current tariff Schedule No. 1A, General Metered Service."20

5. BudSco is in the Rosehart service area and is receiving water from Alco.21

6. Alco has been billing BudSco for water service received in the Rosehart service territory.22

7. There are no allegations that Alco is charging customers in the certificated service area at rates not authorized by the Commission.

Conclusions of Law

1. Alco is providing water service to and billing BudSco in conformity with D.11-03-005.

2. Alco has not violated any law or any rule or order of this Commission in its dealings with BudSco.

3. The complaint should be dismissed because the undisputed facts establish that Alco is entitled to judgment in its favor as a matter of law.

4. The complaint should be dismissed because the alleged facts, assuming they are true, fail to state any cause of action in conformity with Pub. Util. Code § 1702 and Rule 4.2(a).

5. There is no need for hearing in this matter.

6. Case 12-01-010 should be closed.

ORDER

IT IS ORDERED that:

1. BudSco Chemical Enterprises, Inc.'s complaint is dismissed with prejudice.

2. The need for hearing determination is changed as no hearing is necessary.

3. The funds that BudSco Chemical Enterprises, Inc. deposited with the Commission shall be paid to Alisal Water Corporation dba Alco Water Service within 30 days from the date this order becomes effective.

4. Case 12-01-010 is closed.

This order is effective today.

Dated July 12, 2012, at San Francisco, California.

20 Motion to Dismiss, Exhibit 9.

21 BudSco complaint at 2, paragraph F ("BudSco receives its water from a small well system operated by Alisal Water Corp DBA Alco Water [.]"); Letter dated August 26, 2011 from Noland Hamerly Etienne Hoss, attorneys for BudSco, which states in part: "I am writing on behalf of BudSco, Inc. who owns property and operates its business in the Rose Hart Industrial Park south of Salinas." (BudSco complaint attachment.)

22 See Alco Water Service bills addressed to BudSco and attached to BudSco's complaint.

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