Public Comment and Review

This is an uncontested matter pertaining solely to a water company. Accordingly, pursuant to Public Utilities Code section 311, subdivision (g)(3), the 30-day period for public review and comment does not apply.

Findings of Facts

1. Tahoe Park Water Company, Inc., and Tahoe Park Water Company, a California Corporation, are, respectively, the Buyer and the Seller in this matter. David R. Robertson is the president of Seller, and Richard M. Dewante is the president of Buyer.

2. In the transaction for which approval is sought by this joint application, Seller proposes to sell to Buyer, and Buyer proposes to buy from Seller, all right, title and interest in the property comprising the used and useful assets of the water system presently owned by Seller and operated by Richard M. Dewante, a licensed operator.

3. The assets that are the subject of this application are only those used to furnish water service to customers of the system.

4. The stated price for the sale and purchase of the assets is $150,000.

5. Approval of this transaction will not materially change the operation of the system or the service now being provided to Seller's customers.

Conclusions of Law

1. Transfer of ownership of the water system at issue meets the test of ratepayer indifference, in that customers will be unaffected or better off in terms of service, water quality, future water rates and continuity of service.

2. Approval of this transaction subject to the terms and conditions set forth in the Order will not adversely affect the public interest by reason of the matters set forth in the Discussion and in Findings of Fact 1 through 5.

3. The application should be approved by reason of Conclusions of Law 1 and 2.

4. Appropriate terms and conditions should be included in the Order to obviate any ambiguity about the nature of the relief requested, and to make the full extent of the authority granted ascertainable.

5. Today's Order should be made effective immediately.

ORDER

IT IS ORDERED that:

1. The Motion of the Division of Ratepayer Advocates to withdraw its Protest is granted, and this is deemed to be an ex parte matter.

2. Application 06-11-020 filed by David R. Robertson, on behalf of Tahoe Park Water Company, Inc. (Seller) and Richard M. Dewante, on behalf of Tahoe Park Water Company, a California Corporation (Buyer), seeking the Commission's authority, pursuant to Public Utilities Code sections 851 through 854, to consummate the sale and purchase of all of the assets of Seller to Buyer, is granted, consistent with the terms and conditions specified in this Order.

3. The assets, purchase and sale of which are approved in this Order, shall only be those used and useful in providing water service to Seller's customers.

4. Purchase and sale of the assets as approved herein shall be completed no later than thirty (30) days following the effective date of this Order.

5. Title to all assets conveyed pursuant to this Order shall be taken in the name of Buyer, and not in the name of any individual(s).

6. No later than ten (10) days after completion of the purchase and sale of the assets pursuant to this Order, the parties shall serve upon the Executive Director, and shall serve copies upon the assigned Commissioner, the assigned Administrative Law Judge, and the Commission's Water Branch, a written statement setting forth the date of the transfer, an inventory of the assets conveyed sufficient in detail to enable the Commission to ascertain the identity thereof, the price paid, and the identity and amount of any customer refunds transferred in accordance with this Order.

7. As a condition of the authority granted herein, Buyer shall assume the public utility obligations of Seller at the time the purchase and sale are concluded, and liability for refunding all customer deposits.

8. Buyer shall, within thirty (30) days of the effective date of this Order, notify the affected customers of the occurrence of the transaction, the decision of the Commission authorizing the transaction, and the disposition of customer deposits held by Buyer.

9. Buyer shall, within thirty (30) days of the effective date of this Order, either file a statement adopting the Seller's tariffs, or refile those tariffs under its own name, as prescribed in the most current version of Commission General Order 96. Buyer may not thereafter increase its rates without the authority of the Commission.

10. Before the purchase and sale are concluded, Seller shall deliver to Buyer, and Buyer shall retain, all records of the construction and operation of the system that is the subject of this Order.

11. Seller shall have no further obligation with respect to operation of the system upon the parties' full compliance with all of the terms and conditions of this Order.

12. Application 06-11-020 is closed.

This Order is effective today.

Dated July 10, 2008, in San Francisco, California.

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