ALJ/VDR/smj Date of Issuance 1/30/2009

Decision 09-01-014 January 29, 2009

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Eric and Sarah Kubly, Complainants, vs. William Lawrence Ostrom aka Larry Ostrom, Ostrom Family Trust, dba R.R. Lewis Small Water Company (U83W), Defendant.

(ECP) Case 08-08-018 (Filed August 25, 2008)

Eric Kubly and Sarah Kubly, complainants,

Larry Ostrom and Pamela Ostrom, Trustees
of the Ostrom Family Trust, doing business
as R.R. Lewis Small Water Company, defendant.

DECISION GRANTING REFUND OF CONNECTION FEE

Introduction

Administrative Law Judge (ALJ) Victor Ryerson heard this matter in San Francisco on November 24, 2008. The hearing concluded, and the matter was submitted, on that date.

Complainants Eric and Sandra Kubly seek the refund of a $2,500 connection fee they paid defendant R.R. Lewis Small Water Company (Company), which serves territory encompassing the complainants' parcel in Sierra County. Although the service connection was established for a brief period of time, we conclude that the complainants, who built a well and pump on their property at their own expense after the Company notified them that it was withdrawing its service, received no material benefit from the service connection. The Company is ordered to refund the full amount of the fee to the complainants within thirty (30) days of the effective date of this order.