ALJ/GEW/avs DRAFT 6/6/2002

Agenda ID #688

Decision

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of Citizens Utilities Company of California (U-87-W), a California Corporation, and California-American Water Company (U-210-W), a California Corporation, for each of the following orders: 1. Authorizing Citizens Utilities Company of California to sell and transfer all of its water utility assets and indebtedness to California-American Water Company; 2. Authorizing California-American Water Company to acquire all of the water utility assets and indebtedness of Citizens Utilities Company of California and thereafter to engage in and carry on the water utility business and service to the customers of Citizens Utilities Company of California; 3. Authorizing Citizens Utilities Company of California to withdraw from the water utility business; and 4. For related relief.

Application 00-05-015 and Application 00-05-016 (Filed May 16, 2000)

And Related Matters.

OPINION

This decision grants Advocates for the Public Interest (API) an award of $94,284.09 in compensation for contributions to Decision (D.) 01-09-057. That decision authorized California-American Water Company (CalAm) to acquire all of the California water utility assets of Citizens Utilities Company of California (Citizens).

1. Background

These consolidated proceedings began as two separate proceedings, the first (Application (A.) 00-05-015) seeking approval of acquisition by CalAm of the water utility properties of Citizens, the second (A.00-05-016) seeking approval of a merger of CalAm and San Jose Water Company (SJW). The two proceedings were consolidated in late 2000 after the start of evidentiary hearings in A.00-05-015. In March 2001, applicants in A.00-05-016 moved to withdraw that application. In D.01-09-057, the Commission authorized the Citizens acquisition, subject to various ratemaking conditions, and it dismissed the SJW merger application.

Following prehearing conferences in both dockets on June 22, 2000, API timely filed a Notice of Intent (NOI) to claim compensation in each docket. The NOIs were opposed by applicants. On September 6, 2000, Administrative Law Judge (ALJ) McVicar ruled in favor of API on all requisite elements for eligibility in both proceedings.