ALJ/GW2/avs Date of Issuance 1/14/2011

Decision 11-01-015 January 13, 2011

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Peter A. Bresler, Margaret J. Bresler, Rod Baker, Carol Baker, Don Burden, Pam Burden, Lenny Castellanta, Michelle Castellanta, Donald Crawford, Sharon Crawford, Ted Ealand, Andrea Gibbs, John Gibbs, Ken Kellet, Darlene Kellet, Michael Landino, Bettye Landino, Debra Lehman,
Ken Lehman, Remy Lejeune, Pierre Lejeune, John A. Macdonald, Barbara Macdonald, Alma May, Bobby McKee, Anita McKee,
Jim Parks, Linda Peoples, David Peoples, Mike Preach, Marie Preach, Tatsuko Radke, Thomas Radke, Brenda Robinson, Denise Robson, Curtis A. Russell, Gloria J. Russell, Leroy Spencer, Michelle Spencer, Corbie von Stein, Richard von Stein, Marilyn Wadsworth, Fred Wadsworth,

Complainants,

vs.
Golden State Water Company (U133W),
Defendant.

Case 10-09-009
(Filed September 20, 2010)

DECISION DISMISSING COMPLAINT
AGAINST CONSERVATION RATE DESIGN

1. Summary

This decision dismisses a complaint filed by a group of ratepayers in Los Osos against the Golden State Water Company (Company). The Complainants allege that the utility's tiered conservation water rates, implemented as a pilot initiative starting in September of 2009 pursuant to a decision of the Commission, are unfair and discriminatory, and that the notice provided in advance by the Company was inadequate. Golden State Water Company responds that the complaint, in lieu of stating a violation of the Public Utilities Code, takes issue with the Commission's conservation rate design policy as implemented in Los Osos, and that the Company gave requisite notice to the Complainants. The Company's motion to dismiss is granted on the ground that the Complaint is untimely. The Complainants are informed that the Company's pilot tiered conservation rate design will be subject to review, protest and comment in the context of the Company's next company-wide General Rate Case that begins in July, 2011.