3. Discussion

The complaint reflects the frustration of many Donner customers with a situation in which they are advised by DHS to boil their water because numerous leaks in the water system raise the possibility of backflow contamination. The Commission heard those complaints first-hand in public hearings in Truckee on April 3, 2001, as part of another proceeding (Application 00-12-011) seeking to address the problems of this troubled water system.

Nevertheless, as complainant concedes, the fact that TDPUD now operates the water system through eminent domain has accomplished complainant's principal objective in filing this complaint. That request for relief is now moot. Complainant has not alleged facts or law that would permit this Commission to override Pub. Util. Code § 453(a) and order a 50% reduction in his water bills. To the extent that complainant seeks the 50% reduction for all Donner water customers, the complaint fails under Pub. Util. Code § 1702. Section 1702 requires that complaints challenging the reasonableness of rates be brought by a legislative body or by 25 or more customers.

The complaint argues that Donner's failure to deliver potable water is a violation of its obligation to customers. Even here, however, complainant concedes that the company's Tariff Rule 2 obligates the utility to "endeavor to provide water that is...potable." The Commission has interpreted the language of that rule to recognize that in some circumstances a utility may find it necessary to sell water that is not potable. (Fairchild Camera & Instrument Corp. v. Great Oaks Water Co. (1983) 10 CPUC2d 712.)

In any event, even were we to conclude that complainant has alleged a violation of law, rule or order of this Commission (Pub. Util. Code § 1702), the only relief sought by complainant is either moot or beyond our ability to provide. Complainant agrees that should the Commission find that the relief requested is either moot or beyond our ability to order, the complaint should be dismissed. Accordingly, the request for dismissal of this complaint is granted.

Complainant in his electronic mail communication with the ALJ also agrees that if his complaint is dismissed, all monies he has deposited in escrow with the Commission during this billing dispute should be released to Donner. Our order today so provides.

The scope of this proceeding is set forth in the complaint and answer. We confirm ALJ Walker as the presiding officer, and find that no hearing is necessary.