4. Comments on Draft Decision
The draft decision of the ALJ in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were received on _______________.
1. Complainant is a water customer of Donner.
2. Donner for more than a year has been subject to a DHS boil-water order because disrepair of the system threatens backflow and contamination.
3. Complainant urges this Commission to support the replacement of Donner management by the TDPUD.
4. Complainant seeks a 50% reduction in his water bills to reflect the fact that he does not receive potable water free of the boil-water requirement.
5. On May 18, 2001, TDPUD took possession of the Donner water system through eminent domain.
6. Donner is precluded by Pub. Util. Code § 453 from reducing complainant's water bills by 50%.
7. Complainant agrees that if the relief he seeks is deemed moot or unattainable in this proceeding, the complaint should be dismissed.
8. No hearing is necessary to resolve this complaint.
1. The request of Donner that the complaint be dismissed should be granted.
2. Any monies held in escrow by the Commission pending resolution of this complaint should be released to Donner, effective immediately.
IT IS ORDERED that:
1. The request of Donner Lake Water Company (Donner) that this complaint be dismissed is granted.
2. Any monies held in escrow by the Commission pending resolution of this complaint shall be released to Donner.
3.
4. Case 01-04-001 is closed.
This order is effective today.
Dated , at San Francisco, California.
