GW2/RWH/DH7/ek4 11/13/2017

FILED
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
11-13-17
02:00 PM

Application of California-American Water

Company (U210W) for Approval of the Application 12-04-019
Monterey Peninsula Water Supply Project
and Authorization to Recover All Present
and Future Costs in Rates.

ADMINISTRATIVE LAW JUDGES RULING MODIFYING OCTOBER 27, 2017

RULING REGARDING CALIFORNIA-AMERICAN WATER COMPANYS MOTION TO
STRIKE TESTIMONY

SUMMARY
This ruling modifies the October 27, 2017 Ruling regarding motions to
strike testimony.
DISCUSSION
On Friday October 27, 2017, Julie Hofmann of Citizens for Just Water sent
an e-mail to the service list requesting clarification as to items 14 and 15 of
Exhibit 1 attached to the October 27, 2017 Ruling. Items 14 and 15 were
inadvertently left off of Exhibit 1. Exhibit 1 should have listed items 14 and 15
as sustained on the basis of argument/legal conclusions. A corrected Exhibit 1 is
attached.
During the evidentiary hearing on October 30, 2017 parties requested
clarification from the Administrative Law Judges (ALJs) on items listed
as items 143-149 also in Exhibit 1. Parties asserted that the October 27, 2017
Ruling was inconsistent on these items with what was reported in the transcript.
This ruling clarifies that the motion is sustained as to items 143-149.
On October 31, 2017, Ron Weitzman for Water Plus requested
reconsideration of the Ruling with respect to Item 154 of Exhibit 1. Only rarely

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will we entertain additional argument and appeals of a ruling. In this limited

case, however, we reconsider. We do so, as we have done in all cases, in the light
most favorable to the party whose testimony would otherwise be stricken. As a
result, the initial ruling is reversed.
On Friday October 27, 2017 and Thursday November 2, 2017, California-
American Water Company (Applicant) served the amended testimony of Peter
M. Leffler as directed by the assigned ALJs during the October 26, 2017 hearing.
After review of the served testimony the assigned ALJs struck additional
portions of the testimony provided on October 27, 2017 and November 2, 2017
for consistency with the October 27, 2017 Ruling and rulings issued on the record
during evidentiary hearings granting in part Applicants Motion to Strike:
All testimony in response to items of 115, 121, and 142-149
in Appendix A of the Applicants Motion to Strike dated
October 12, 2017; and
All testimony in response to the portions of Mr. Hopkins
testimony that were stricken pursuant to the
October 27, 2017 and November 2, 20171 rulings.
On Friday, November 3, 2017, Applicant served further amended
testimony of Peter M. Leffler as directed by the assigned ALJs during the
November 2, 2017 hearing. Also on Friday, November 3, 2017, Marina Coast
Water District served further direct testimony of Curtis Hopkins as directed by
the assigned ALJs during the November 2, 2017 hearing.

1The November 2, 2017 ruling refers to the ruling made on the record striking
additional testimony of Mr. Hopkins at page 3 lines 5-22 of his revised testimony,
identified as Exhibit MCD-55A.

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A.12-04-019 GW2/RWH/DH7ek4

The assigned ALJs reviewed and carefully considered the testimony at

issue in California-American Water Companys Motion to strike in the light most
favorable to the non-moving parties. We again remind the parties that
environmental issues fall outside the scope of the August 28, 2017 ruling and are
not at issue for these evidentiary hearings. Parties may address environmental
issues, including impacts to groundwater through the CEQA/NEPA
environmental review process, comments on the hydro working group report,
and briefing on the FEIS/FEIR to occur early next year.

IT IS SO RULED.

Dated November 13, 2017, at San Francisco, California.

/s/ JEANNE M. MCKINNEY for /s/ ROBERT W. HAGA

Gary Weatherford Robert W. Haga
Administrative Law Judge Administrative Law Judge

/s/ DARCIE L. HOUCK

Darcie L. Houck
Administrative Law Judge

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A.12-04-019 GW2/RWH/DH7/ek4
Evidentiary Hearings October 26 and 27; October 30-31, November 1-3, 2017

Exhibit 1
Cal-Am Motion to Strike- Appendix A
A.12-04-019

Item Location of Sustain/Overrule Basis/ Scoping Issue

# Testimony
Citizens for Just
Water Direct
1 Citizens for Just Sustain A. Not fact
Water-Hofmann testimony/Argument
Pg. 3
2 -4 Citizens for Just Overrule Supply/Demand
Water
Hofmann pg 4-5,
7
5 Just Water- Sustain A. Legal Conclusion
Hoffman pg 8-9
6-7 Citizens for Just Overrule Supply/Demand/Costs
Water-Hoffman
8 Citizens for Just Overrule Supply/Demand/Costs
Water- Hoffman
9-13 Citizens for Just Sustain A. Environmental issue
Water- Hoffman B. Legal Conclusion
C. Outside Scope of
Identified Issues
14- Citizens for Just Sustain A. Argument/Legal
15 Water - Hoffman Conclusion
16- Citizens for Just Overrule Supply
17 Water
Hoffman

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A.12-04-019 GW2/RWH/DH7/ek4
Evidentiary Hearings October 26 and 27; October 30-31, November 1-3, 2017

Item Location of Sustain/Overrule Basis/ Scoping Issue

# Testimony
18 Citizens for Just 1. Sustain 1.
Water- Hoffman 2. Sustain A. Outside of Scope of
3. Overrule Identified Issues
B. Environmental Issue
2.
A. Argument
3.Community values

19 Citizens for Just Sustain A. Environmental Issue

Water B. Outside of Scope of
Hofmann Identified Issues
20- Citizens for Just Sustain A. Environmental Issue
23 Water- Hofmann B. Outside of Scope of
Identified Issues
24- Citizens for Just Overrule Supply/Community
25 Water- Hofmann Values
26- Citizens for Just Sustain A. Environmental Issue
28 Water - B. Outside of Scope of
Hofmann Identified Issues
29 Citizens for Just Sustain2 A. Environmental Issue
Water- Hofmann B. Outside of Scope of
Identified Issues
30- Citizens for Just Overrule Community Values
36 Water- Hofmann
37 Citizens for Just Sustain A. Environmental Issue
Water - B. Outside the Scope of
Hofmann Identified Issues
38- Citizens for Just Sustain A. Argument
39 Water
Hofmann

2This portion of the testimony addresses the hydro working group. All Parties will have an
opportunity to provide comment and reply comments on the hydro working group report
dated October 12, 2017 at the same time the parties file briefs and reply briefs.

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A.12-04-019 GW2/RWH/DH7/ek4
Evidentiary Hearings October 26 and 27; October 30-31, November 1-3, 2017

Item Location of Sustain/Overrule Basis/ Scoping Issue

# Testimony
40 Citizens for Just Overrule Supply
Water- Hofmann
41 Citizens for Just Sustain A. Outside the Scope of
Water- Hofmann Identified Issues
42 Citizens for Just Overrule Supply/Community
Water-Hofmann Values
43 Citizens for Just Sustain A. Outside the Scope of
Water- Hofmann Identified Issues
44- Citizens for Just Sustain A. Legal Conclusion
46 Water- Hofmann
47 Citizens for Just Overrule Community Values
Water- Hofmann
48 Citizens for Just Sustain A. Argument
Water -
Hofmann
49 Citizens for Just Overrule A. Supply
Water -
Hofmann
50 Citizens for Just Sustain A. Environmental Issue
Water - B. Legal Conclusion
Hofmann C. Outside the Scope of
Identified Issues
51- Citizens for Just Overrule Community Values
53 Water- Hofmann
54 Citizens for Just Overrule CEMEX Site
Water -
Hofmann
City of Marina
Direct
55 City of Marina Sustain A. Environmental Issue
Delgado/Long B. Outside the Scope of
Identified Issues
C.
56- City of Marina Overrule Community
57 Delgado/Long values/Supply

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A.12-04-019 GW2/RWH/DH7/ek4
Evidentiary Hearings October 26 and 27; October 30-31, November 1-3, 2017

Item Location of Sustain/Overrule Basis/ Scoping Issue

# Testimony
58 City of Marina- Sustain A. Environmental Issue
Delgado/Long B. Outside the Scope of
Identified Issues
59 City of Marina Overrule Supply
Delgado/Long Costs
60 City of Marina Sustain A. Legal Conclusion
Delgado/Long B. Outside of the Scope of
Issues Identified
C. Previously Covered
Issue
61- City of Marina Overrule Supply
64 Delgado/Long
65 City of Marina Sustain A. Environmental Issue
Delgado/Long B. Outside Scope of
Identified Issues
66 City of Marina Overrule Supply
Delgado/Long Community values
67- City of Marina Sustain A. Environmental Issue
68 Delgado/Long B. Outside the Scope of
Identified Issues
69- City of Marina Overrule Community values
73 Delgado/Long
74- City of Marina Overrule Solar and Renewables
75 Delgado/Long
76 City of Marina Overrule in Strike the following
Delgado/Long part/Sustain in language: The Projects
part Draft EIR/EIS
acknowledges this issue
and concedes that these
Project impacts are
inconsistent with an
Executive Order by the
Governor and other
laws addressing climate
change. However,

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A.12-04-019 GW2/RWH/DH7/ek4
Evidentiary Hearings October 26 and 27; October 30-31, November 1-3, 2017

Item Location of Sustain/Overrule Basis/ Scoping Issue

# Testimony
instead of addressing
these impacts, which
are deemed significant
and unavoidable the
Draft EIR/EIS proposes
that the impacts be
authorized as is rather
than mitigated.
A. Environmental Issue
B. Outside Scope of
Identified Issues
Remainder of this section
Community Values;
Solar and Renewables
77 City of Marina Overrule Community Values
Delgado/Long
78 City of Marina Sustain A. Environmental issue
Delgado/Long B. Outside of Scope of
Identified Issues
79- City of Marina Overrule Community values
87 Delgado/Long Costs
88 City of Marina Overrule except A. environment goes to
Delgado/Long sustain as to environmental issue
environmental Remainder of this section
Community Values
89 City of Marina Overrule Community values
Delgado/Long
90 City of Marina Overrule General Community value
Abrams *correction to on the Supply
record ruling.
Objection to item 91 is
sustained see below.

91- City of Marina Sustain A. Environmental Issue

98 Abrams B. Outside of Parameters
of Identified issues

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A.12-04-019 GW2/RWH/DH7/ek4
Evidentiary Hearings October 26 and 27; October 30-31, November 1-3, 2017

Item Location of Sustain/Overrule Basis/ Scoping Issue

# Testimony
99- City of Marina Overrule Supply only- not intended to
100 Abrams go to environmental impacts

101- City of Marina Sustain A. Environmental Issue

111 Abrams B. Outside of the Scope of
Identified Issues
112 City of Marina 112 Sustain in part Recommendations 1, 2,
Abrams Overrule in part and 4 stricken
A. Environmental
issues
B. Outside Scope of
Identified Issues

Recommendation 3
Supply
113 City of Marina- Sustain A. Environmental Issue
Abrams B. Outside of the Scope of
Identified Issues
MCWD Direct
114- MCWD- Sustain A. Environmental Issue
115 Hopkins B. Outside of the Scope of
Identified Issues
116- MCWD- Overrule Modifications to
117 Hopkins Settlement
Supply
118 MCWD- Sustain A. Environmental Issue
Hopkins B. Outside the Scope of
Identified Issues
C. Issue Previously
Covered
119 MCWD - Sustain A. Environmental Issue
Hopkins B. Outside the Scope of
Identified Issues
120- MCWD- Overrule Supply
Hopkins

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A.12-04-019 GW2/RWH/DH7/ek4
Evidentiary Hearings October 26 and 27; October 30-31, November 1-3, 2017

Item Location of Sustain/Overrule Basis/ Scoping Issue

# Testimony
121- MCWD- Knight Sustain A. Environmental Issue
128 B. Outside the Scope of
Identified Issues
129- MCMD Van Overrule Supply
141 Der Maaten Demand
Modification to
Settlement
142- MCWD- Nelson Sustain A. Environmental Issues
149 B. Outside the Scope of
Identified Issues
Water Plus -
Direct
150- Water Plus - Overrule
151 Weitzman
152- Water Plus - Sustain A. Environmental Issues
153 Weitzman B. Outside the Scope of
Identified Issues
C. Legal Conclusions
154 Water Plus - Overruled Supply
Weitzman *This reverses the Demand
original ruling. Costs
153- Water Plus - Sustain A. Environmental Issues
172 Weitzman B. Outside the Scope of
Identified Issues
C. Legal Conclusions

(END OF EXHIBIT 1)

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