2. Background

As part of a long-standing dispute with Donner, complainant filed this complaint, urging the Commission to support the Truckee Donner Public Utility District (TDPUD) in its efforts to replace the current owner of the Donner water system. Complainant also sought a 50% reduction in his water bills on grounds that Donner had failed to provide him with potable water since the DHS imposed its boil-water order on June 22, 2000.

Donner timely answered the complaint on May 17, 2001. It denied all allegations of the complaint and stated that it had used all reasonable efforts to deliver potable water to customers and to obtain funds to renovate the water system and lift the DHS boil-water order. Donner asked that the complaint be dismissed for failure to state a claim for which relief can be granted.

By Administrative Law Judge (ALJ) Ruling dated May 29, 2001, complainant was asked to respond to the request for dismissal. The ruling took official notice that the Nevada County Superior Court on May 18, 2001, had granted an eminent domain Order for Possession under which the TDPUD took over operation of the Donner water system pending further proceedings on valuation of the property and transfer of ownership. The ALJ Ruling further directed complainant to address Pub. Util. Code § 453(a), which prohibits a public utility from discriminating in its rates by charging one customer less than it charges other similarly situated customers, and thus would preclude a 50% rate applicable only to complainant.

Complainant responded to the ALJ Ruling by an electronic mail message on June 12, 2001. While acknowledging that the TDPUD takeover of the water system dealt with the gravamen of his complaint, he continued to maintain that he and other ratepayers are entitled to a 50% reduction in rates because Donner for the past year had delivered water that customers were advised to boil before drinking.