ALJ/XJV/tcg DRAFT CA-28

9/7/2000

Decision DRAFT DECISION OF ALJ VIETH (Mailed 8/8/2000)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Gina Guillamun DiResta, Complainant, vs. Esprit de Sol Apartments, Defendant.

Case 98-03-023 (Filed March 11, 1998)

O P I N I O N

Summary

We dismiss the complaint for lack of jurisdiction. We conclude that Pub. Util. Code § 2705.5, which governs submetering, does not apply to the facts of this case and that absent dedication of property to public service, defendant is not acting as a public utility water corporation.