Comments on Draft Decision
The draft decision of the Administrative Law Judge in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. ORA filed comments and CalAm filed a reply.
While ORA continues to support a more detailed review of whether a moratorium is needed, it limited its comments to requesting that the Commission establish a deadline by which CalAm must complete the evaluation of Tariff Rule 14.1 required by Ordering Paragraph 1. ORA suggests a time limit of 60 days from the effective date of the decision. CalAm opposes setting a deadline. Both note that Tariff Rule 14.1 is currently modeled on MPWMD's Ordinance 92, the Expanded Water Conservation and Standby Rationing Plan, and that MPWMD has now proposed to replace Ordinance 92 with recently enacted Ordinance 119.7 CalAm intends to modify Tariff Rule 14.1 to conform as closely as possible to Ordinance 119 once that ordinance becomes final and effective. Because Ordinance 119 is not yet effective and CalAm cannot control MPWMD's process and timetable for reviewing challenges and appeals and finalizing it, CalAm believes imposing a deadline to revise Rule 14.1 would not be appropriate. Moreover, CalAm claims that it has included in its recently filed Monterey District general rate case a request to modify Rule 14.1. Thus, the Commission may already have before it a proceeding in which to evaluate both Ordinance 119's effects on Rule 14.1 and any other related changes CalAm, ORA, and possibly others, may propose. Assuming that is the case (ORA has not had an opportunity to respond), CalAm may already have complied with the filing requirement in Ordering Paragraph 1 and would need only to follow through by consulting with MPWMD, ORA and Water Division and ensuring any necessary revisions relating to a moratorium are presented in the general rate case proceeding. In any case, we agree with CalAm that setting a compliance deadline, whether 60 days or otherwise, would not be appropriate given the uncertainty in Ordinance 119's effective date, and no such revision has been made to the draft decision.
Separately, we have updated footnote #4 to reflect the recent issuance of D.05-03-012, closing A.04-10-037.
7 According to CalAm, MPWMD Ordinance 119, Expanded Water Conservation and Standby Rationing Plan Amendments for Water Consumption Emergency, was enacted March 21, 2005 and would become effective on the thirtieth day thereafter absent challenge or appeal.
