ALJ/RIM/avs Date of Issuance 7/17/12

Decision 12-07-005 July 12, 2012

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

BudSco Chemical Enterprises, Inc., Complainant, vs. Robert T. Adcock, Patricia Adcock, Alisal Water Corporation dba Alco Water Service (U206WTB), Defendants.

Case 12-01-010 (Filed January 19, 2012)

DECISION DISMISSING COMPLAINT

1. Summary

On January 19, 2012, BudSco Chemical Enterprises, Inc. (BudSco) filed a complaint against Robert T. Adcock, Patricia Adcock, and Alisal Water Corporation dba Alco Water Service (Alco), alleging that defendants' well ownership and service to the Rosehart Industrial Park Water System customers violate the Commission's Decision (D.) 11-03-005. Rather than allow this complaint to proceed to hearings, we grant Alco's Motion to Dismiss BudSco's complaint. The facts are undisputed that Alco has supplied water to BudSco as authorized by D.11-03-005, and there are no allegations that Alco has billed BudSco at rates not authorized by Alco's approved tariff. Even accepting BudSco's complaint allegations as true, BudSco has failed to allege that Alco violated either California law, the Commission's rules, decisions, or orders, or Alco's approved tariff. Accordingly, BudSco's complaint must be dismissed. Finally, having decided to dismiss the complaint on the ground that BudSco has failed to state any cause of action that this Commission may adjudicate, we need not address Alco's remaining collateral attack and proper subject matter arguments.

This proceeding is now closed.