DGX/HSY/tcg 7/18/2005

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of John W. Richardson as Receiver for the Alisal Water Corporation to sell and transfer the water systems in Monterey County to Pajaro Sunny Mesa Community Service District.	Application 05-03-003 (filed March 4, 2005)
Application of JOHN W. RICHARDSON (ALISAL WATER CORPORATION), to sell and transfer the Moss Landing water system in Monterey County to Pajaro Sunny Mesa Community Service District.	Application 05-03-006 (filed March 4, 2005)

SCOPING MEMO AND RULING OF ASSIGNED
COMMISSIONER AND ADMINISTRATIVE LAW JUDGE

Pursuant to Rules 6(a)(3) and 6.3 of the Commission's Rules of Practice and Procedure,¹ this ruling sets forth the procedural schedule; assigns the principal hearing officer; addresses the scope of these proceedings following the prehearing conference (PHC) held June 7, 2005, and subsequent legal briefing by the parties on the standard of review and res judicata; and denies the July 1, 2005, motion of Pajaro Sunny Mesa Community Services District to modify its status from "applicant" to "interested party." This ruling is appealable only as to category of these proceedings under the procedures in Rule 6.4.

1. Categorization and Consolidation of Proceedings

Under Rule 6.1, on March 17, 2005, the Commission preliminarily categorized Application (A.) 05-03-003, the application of John W. Richardson as Receiver for the Alisal Water Corporation to sell and transfer the water systems in Monterey County, and A.05-03-006, the application of John W. Richardson as Receiver for the Alisal Water Corporation to sell and transfer the Moss Landing water system in Monterey County, as ratesetting as defined in Rule 5(c) and determined that the matters do not require hearings. (Resolution ALJ 176-3149.) By ruling on May 17, 2005, these proceedings were consolidated. No party objects to the Commission's preliminary categorization of ratesetting for these proceedings, and we affirm it.

¹ All references to Rules are to the Commission's Rules of Practice and Procedure found in Title 20 of the California Code of Regulations.