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ALJ/JCM/jgo Mailed 7/18/2002

Decision 02-07-009 July 17, 2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Arrowhead Manor Water Company for a General Rate Increase.

Application 99-10-027

(Filed October 19, 1999)

Investigation on the Commission's Own Motion into the Operations, Practices, and Water Quality of the Arrowhead Manor Water Company and to Evaluate whether the Utility Properly Handled Its Safe Drinking Water Bond Act Surcharge Revenues

Investigation 00-03-016

(Filed March 16, 2000)

    Kathleen I. Johnson and Lance L. Johnson, for Arrowhead Manor Water Company, applicant/respondent.

    William J. Peters, for himself; Richard Thomas Pretzinger, Jr. for himself; and Kathy Wanser, for herself; interested parties.

    Susan Weber, Attorney at Law, and David B. Anderson, Attorney at Law, for California Department of Water Resources, interested party.

    Cleveland Lee, Attorney at Law, for the Commission's Water Division.

OPINION ON GENERAL RATE CASE AND INVESTIGATION

TABLE OF CONTENTS

Title Page

OPINION ON GENERAL RATE CASE AND INVESTIGATION 1

Summary 2

Background 2

Discussion - Investigatory Phase 6

Discussion - General Rate Case Phase 31

Discussion - Corrective Measures 33

Comments on Proposed Decision 41

Findings of Fact 43

Conclusions of Law 48

ORDER 50

Attachment A - Stipulation

Attachment B - Adopted Summary of Earnings, Test Year 2000

Attachment C - Tariffs

Attachment D - Rates Comparison

Attachment E - Adopted Quantities

Summary

The Commission finds that Arrowhead Manor Water Company, Inc., has been unable or unwilling to adequately serve its ratepayers, and has been unresponsive to the rules and orders of the Commission. The Commission's General Counsel is directed to petition the Superior Court of San Bernardino County to appoint a receiver for Arrowhead's water system in accordance with Public Utilities Code Section 855. The decision authorizes Arrowhead a general rate increase of $47,815 (16.8%), and reinstates a Safe Drinking Water Bond Act (SDWBA) loan surcharge to replace the surcharge previously discontinued. The general rate increase and SDWBA surcharge are subject to a continuing condition that may result in their cancellation if specified compliance requirements are not met. Arrowhead is found to have improperly diverted SDWBA surcharge funds, but also to have accumulated an approximately equal uncollected balance in its purchased water balancing account; the two amounts are applied to offset and discharge one another. The Commission concludes that all penalties imposed by the California Department of Water Resources (DWR) on Arrowhead for failure to make timely loan payments are Arrowhead's obligations under its DWR contract and are not recoverable from ratepayers.

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