6. Specific Issues to Be Addressed

The specific factual and legal issues to be decided in A.05-12-001 are as follows:

(a) Should the proposed transfer of the water system from Conlin to Del Oro be approved under Sections 851, 854, and other applicable provisions of the Public Utilities Code?

(b) Does the proposed transfer adequately and reasonably satisfy the remedies imposed upon Conlin in D.05-07-010?

(c) Under the proposed transfer, who is responsible for any shortages in payment surcharges for the Safe Drinking Water Bond Loan and Department of Water Resources accounts? How should the Commission determine liability for any shortages?

(d) Should Del Oro be granted Class C and D Utility treatment if the application is approved?

(e) Should authorization of the proposed transfer be denied because the application is (i) incomplete; (ii) does not propose a bona fide sale; or (iii) would result in a situation harmful to ratepayers?

(f) Have all the procedural requirements for the proposed transfer been satisfied? If not, does the public interest require that they be waived?