Vieth Agenda Dec.

4. Procedural Background

The OII, issued in late December 1998, categorized this proceeding "quasi-legislative," as that term is defined in Pub. Util. Code § 1701.4. The preliminary scoping memo set a timetable for Class A and B water utilities to respond in writing to eight questions about water and sewer service at multi-unit apartments and MHPs and for the Water Division to analyze the responses and submit a report. The OII named Commissioner Duque the Assigned Commissioner and charged him to hold a prehearing conference (PHC) after the Water Division report had been filed and to establish all further procedures.

Water Division filed its report on April 8, 1999. On May 14, Commissioner Duque requested written PHC statements and held the PHC on June 25 in San Francisco. At the request of PHC participants, Commissioner Duque set two public participation hearings (PPHs) outside of the bay area (Sacramento on July 21 and Anaheim on August 18) and scheduled a workshop in San Francisco on September 15. Water Division served as the workshop coordinator and facilitator, subsequently issued a draft workshop report for comment by the participants, and issued a final workshop report on December 1, 1999.

By ruling dated March 15, 2000, Commissioner Duque requested briefs on specific legal and policy issues, as the workshop report recommended. Concurrent initial briefs were filed on April 24 and reply briefs, on May 15.

The parties who actively participated in the workshop and filed briefs include: the Ratepayer Representation Branch of the Commission's Water Division; for MHP tenants - California Mobilehome Resource and Action Association (CMRAA) and Golden State Mobilehome Owners League (GSMOL); for MHP owners/operators - Manufactured Home Communities, Inc. (MHC) and Western Manufactured Housing Communities Association (WMA); for apartment owners/managers/billing agents - CA Housing Council, CA Apartment Association, National Submetering and Utility Allocation Association, National Water and Power, and Viterra Energy Services Incorporated (collectively, the apartment lobby, as their interests were generally presented jointly). No apartment tenants organization appeared; however, the Commission has received numerous letters and other communications from apartment tenants during the course of this proceeding.²

² The record compiled in this quasi-legislative proceeding includes all written statements and comments in connection with the PHC; the PHC transcript; the PPH transcripts; written materials submitted in connection with the workshop, including all written comments enclosed with the final workshop report; and correspondence the Commission has received from members of the Legislature and the public.