Background

By Decision (D.) 74427, July 23, 1968 in Case No. 8724, the Commission found that Stanley D. Meyers and Opal Meyers were operating a public utility water system on Edgerly Island in Napa County, and not an accommodation as they claimed.

By D.96-02-005, February 7, 1996 the Commission approved the transfer of Meyers Water Company to Kenny (Kenneth) and Heidi Van Gorder. In the interim, Kenneth and Heidi Van Gorder were divorced and Kenneth Van Gorder was granted sole ownership of the property associated with Meyers Water Company. Although the Commission has not approved the transfer of ownership of Heidi Van Gorder's portion of the water company to Kenneth Van Gorder, there is a de facto change of ownership. The First American Title Company of Napa record show that Heidi Van Gorder is no longer an owner of the real property associated with Meyers Water Company.

In this application, Kenneth Van Gorder proposes to sell Meyers Water Company to Jay Gardner, Pam Simonson, Matt Fullner, and Juell Fullner (Jay Gardner, et al.). Jay Gardner, et al. have formed Meyers Water Company, Inc., a California Corporation. The Articles of Incorporation were filed with the Secretary of State on January 28, 2004. The officers of Meyers Water Company, Inc. are: Jay Gardner, President; Pamela Simonson, Vice President; Juell Fullner, Secretary/Treasurer; Matt Fullner, Vice President and Director of Operations. The Board of Directors is comprised wholly of the aforementioned four officers.

The Meyers Water Company water system serves the Edgerly Island Subdivision, located approximately ten miles south of Napa, Napa County, and has 94 flat-rate customers. The system consists of one well, a 4,000-gallon steel pressure/storage tank and distribution mains. The well has been inspected and the pumping equipment replaced last year. The Water Division reports that the tank is in apparently good condition. The water mains are primarily two-inch plastic pipes that were installed 30 years ago. The Water Division verified with Napa County Department of Environmental Health that the system is in compliance with county testing requirements.

Kenneth Van Gorder has been in jail for approximately three years. His father and sister have been running the company in his absence but are unable to continue.

Jay Gardner and Pam Simonson operate two family-owned businesses; one founded 25 years ago, the other 14 years ago. In his role in these businesses, Mr. Gardner has demonstrated a variety of mechanical abilities. He and Matt Fullner are currently enrolled in distribution operator certification training and plan to seek a D2 certification, exceeding the D1 requirement for the Meyers Water Company system.

Jay Gardner's involvement in the operation of the water system began in May 2003, when he and others made emergency repairs. Jay Gardner, et al. have been running the water company since they signed a purchase agreement with the current owner in February 2004.