SDWC

SDWC is a Delaware Limited liability company. Its primary place of business is 13217 Main Street, Trona, California 93952. A copy of the SDWC Articles of Incorporation was attached as Exhibit B to A.98-01-019 and is incorporated by reference pursuant to Rule 16(a).

The Commission has previously exempted from the qualification requirement a foreign corporation that controls an entity transacting business in California but does not itself transact any business in California. See e.g., In the Matter of the Joint Application of Working Assets Funding Service, Inc. dba Working Assets Long Distance and Working Assets, Inc. Decision No. 01-12-029 (2001). Granting an exemption here is consistent with Corporations Code § 191 (b).

SDWC has been the subject of a number of transfers of contro1 proceedings before this Commission, proceedings arising out of the sale of the mineral operations undertaken by its parent and affiliates. (See Decision No. 04-03-026 (2004), 2004 Cal. PUC LEXIS 76; Decision No. 99-04-006 (1999), 1999 Cal. PUC LEXIS 234; Decision No. 98-03-069 (1998), 1998 Cal. PUC LEXIS 169) Accordingly, the formation and operation of SDWC has been described in a number of Commission decisions and those descriptions remain accurate today.

SDWC purchases water from SVMO pursuant to purchased water pricing restrictions that: (1) were first adopted in D.94-01-042, issued January 19, 1994, (2) have remained extant through the previous transfers of control, and (3) will remain in effect following the transfer of indirect control.

The history of transfers is depicted in Exhibit A.