ALJ/BDP/sid DRAFT CA-7

10/19/2000

Decision PROPOSED DECISION OF ALJ PATRICK (Mailed 9/19/2000)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Valencia Water Company (U34-W) seeking approval of its updated Water Management Program as ordered in Commission Resolution W-4154 dated August 5, 1999.

Application 99-12-025 (Filed December 17, 1999)

Nossaman, Guthner, Knox & Elliott, LLP, by
Martin A. Mattes, Attorney at Law, and
Robert J. Di Primio, for Valencia Water Company,
applicant.

Ron Bottorff, for Friends of the Santa Clara River,
Michael A. Kotch, for SCOPE, and Martin Schlagater,
for Sierra Club, complainants.

Dennis L. Slivinski, Attorney at Law, for the County
of Ventura, and Edwin and Joan Dunn, Robert P.
Lathrop, for themselves.

Peter G. Fairchild, Attorney at Law, and Fred Curry,
for the Water Division.

INTERIM OPINION

Summary

The County of Ventura (Ventura) and the Sierra Club, Santa Clarita Organization for Planning the Environment and Friends of the Santa Clara River (collectively, Sierra Club) filed motions asking the Commission to determine that this proceeding involves a "project" subject to the California Environmental Quality Act (CEQA), Public Resources Code Sections 2100 et seq., and the Commission's Rules of Practice and Procedure Rule 17.1.

The Commission concludes that Valencia Water Company's (Valencia) 1999 Water Management Program (Program or WMP), in conjunction with Valencia's pending Advice Letter (AL) 88 (requesting permission to expand its service area and serve 1,735 new customers), is a project requiring CEQA review. Accordingly, Valencia is directed to address CEQA review of both its Program and AL 88 in this proceeding.