GW2/DH7/RWH/ek4/sf3 11/20/2017

FILED
11-20-17
09:54 AM
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of California-American Water Company

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

ADMINISTRATIVE LAW JUDGES RULING ON CITIZENS FOR JUST WATERS

SHOWING OF SIGNIFICANT FINANCIAL HARDSHIP

Customer (party intending to claim intervenor compensation): Citizens for Just Water

Assigned Commissioner: Liane M. Randolph Administrative Law Judges: Gary

Weatherford, Darcie Houck, and Robert Haga

PART I: PROCEDURAL ISSUES

(Completed by the party intending to claim intervenor compensation)

A. Status as customer (see Pub. Util. Code 1802(b)) The party claims Applies
customer status because the party is (check one): (check)
A Category 1 customer is an actual customer whose self-interest in the
proceeding arises primarily from his/her role as a customer of the utility and, at
the same time, the customer must represent the broader interests of at least
some other customers. See, for example, D.08-07-019 at 5-10).
A Category 2 customer is a representative who has been authorized by actual
customers to represent them. Category 2 involves a more formal arrangement
where a customer or a group of customers selects a more skilled person to
represent the customers views in a proceeding. A customer or group of
customers may also form or authorize a group to represent them, and the
group, in turn, may authorize a representative such as an attorney to represent
the group.

A Category 3 customer is a formally organized group authorized, by its

articles of incorporation or bylaws to represent the interests of residential X
customers or small commercial customers receiving bundled electric service
from an electrical corporation (1802(b)(1)(C)). Certain environmental groups

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that represent residential customers with concerns for the environment may
also qualify as Category 3 customers, even if the above requirement is not
specifically met in the articles or bylaws. See D.98-04-059, footnote at 30.
The partys detailed explanation of the selected customer category.

Citizens for Just Water is a citizens advocacy group representing local residential
customers receiving service from local water purveyors. Its mission is to educate
the community on water issues and to advocate for regional water justice. This
group does not have formal by-laws or articles of incorporation. Citizens for Just
Water, since its founding in 2016, has conducted five educational forums on local
water issues; three formal presentations with panels featuring local water experts;
held two showings of the recent National Geographic Magazine documentary:
Water and Power: the Great California Heist; attended multiple public hearings
before the CPUC, the California Coastal Commission, the Fort Ord Reuse
Authority, and the Monterey Bay National Marine Sanctuary, to provide public
input. Citizens for Just Water has the support of more than 1200 citizens who
participate as ad hoc members in our groups public educational forums. Citizens
for Just Water has a group of fifteen core executive committee members who
organize events and prepare strategic planning for community outreach efforts and
various activities for the community. Our most recent event included a Just Water
Booth at the City of Marina Labor Day Parade and Festival to provide fun activities
to teach citizens about water issues, such as water conservation, groundwater
aquifers and aquitard composition, and basin preservation and protection efforts,
such as the Sustainable Groundwater Management Act (SGMA) of 2014. Other
activities include working with other community oriented organizations to
coordinate educational discussions around local, regional and state water issues.
Regional water justice is a major theme throughout our planning and extensive
community outreach program. Citizens for Just Water was formed to give our
citizens a voice in water issues affecting our regional area and the State of
California, and to provide educational opportunities for citizens of all ages to get
involved in learning about our natural resources.
Do you have any direct economic interest in outcomes of the proceeding?
X No
If Yes, explain:
B. Conflict of Interest ( 1802.3) Check
1. Is the customer a representative of a group representing the interests of X No
small commercial customers who receive bundled electric service from an
electrical corporation?
2. If the answer to the above question is Yes, does the customer have a conflict Yes
arising from prior representation before the Commission? No
C. Status as an Eligible Local Government Entity (1802(d), 1802.4, 1803.1)
The party claims eligible local government entity status because the party is a city,
Yes
county, or city and county that is not a publicly owned public utility that intervenes or
No
participates in a Commission proceeding for the purpose of protecting the health and

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safety of the residents within the entitys jurisdiction following a catastrophic material
loss suffered by its residents either in significant damage to infrastructure or loss of
life and property, or both, as a direct result of public utility infrastructure.
The partys explanation of its status as an eligible local government entity must
include a description of
(1) The relevant triggering catastrophic event;
(2) The impacts of the triggering catastrophic event on the residents within the
entitys jurisdiction as a result of public utility infrastructure; and
(3) The entitys reason(s) to participate in this proceeding.

D. Timely Filing of Notice of Intent to Claim Intervenor Compensation (NOI)

( 1804(a)(1)):
1. Is the partys NOI filed within 30 days after a Prehearing Conference? Yes
Date of Prehearing Conference: August 18, 2017 X
2. Is the partys NOI filed at another time (for example, because no Prehearing
Conference was held, the proceeding will take less than 30 days, the schedule did Yes
not reasonably allow parties to identify issues within the timeframe normally X No
permitted, or new issues have emerged)?
2a. The partys description of the reasons for filing its NOI at this other time:
2b. The partys information on the proceeding number, date, and decision number for any
Commission decision, Commissioner ruling, Administrative Law Judges ruling, or other
document authorizing the filing of NOI at that other time:

PART II: SCOPE OF ANTICIPATED PARTICIPATION

(Completed by the party intending to claim intervenor compensation)

A. Planned Participation ( 1804(a)(2)(A)):

The partys statement of the issues on which it plans to participate: Demand, Supply, Costs,
Downsizing, CEMEX Site, and CPCN Section 1002 Factors: Community values, Recreational
and park areas, Historical and aesthetic values.

Our party represents the citizens from the City of Marina and neighboring communities, and
brings a unique perspective as a non-agency group.

The partys description of the nature and extent of the partys planned participation in this
proceeding (to the extent that it is possible to describe on the date this NOI is filed).

Participate in the proceedings at the Evidentiary Hearings by receiving and providing testimony

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B. The partys itemized estimate of the compensation that the party expects to
request, based on the anticipated duration of the proceeding ( 1804(a)(2)(A)):
Item Hours Rate Total $ #
ATTORNEY, EXPERT, AND ADVOCATE FEES
Marc del Piero 6 hrs or more depending on EH $350/hr 2100
duration
Juli Hofmann 8 hrs or more depending on EH $50/hr $400
duration
David Burnett or other Citizens for Just 8 hrs or more depending on EH $50/hr $400
Water representative duration
Subtotal: $2,900
OTHER FEES
None
Subtotal: $
COSTS
Gas for Expert Witness Est 4 RT 180m/53.5/mile $231.12
Gas for Advocate 1` Est 4 RT 180m/53.5/mile $231.12
Gas for Advocate 2 Est 4 RT 180m/53.5/mile $231.12
Lodging/Park for Expert Witness Est 5 nights $250 plus $35 $1,250 plus
$175
Lodging/Park for Advocate 1 Est 5 nights $250 plus $35 $1,250 plus
$175
Lodging/Park for Advocate 2 Est 5 nights $250 plus $35 $1,250 plus
$175
Copies, mailing etc. $120
Subtotal: $5088.36
TOTAL ESTIMATE: $7,988.36
Estimated Budget by Issues: Best estimate provided for the maximum number of days that
the hearings may be held. Travel is from the Monterey Peninsula to San Francisco and
back again. Testimony is in preparation stages so hours of work will need to be tallied
after filing.

PART III: SHOWING OF SIGNIFICANT FINANCIAL HARDSHIP

(Completed by party intending to claim intervenor compensation)

A. The party claims that participation or intervention in this proceeding without Applies
an award of fees or costs imposes a significant financial hardship, on the following (check)
basis:
1. The customer cannot afford, without undue hardship, to pay the costs of effective X
participation, including advocates fees, expert witness fees, and other reasonable costs
of participation. ( 1802(h))
2. In the case of a group or organization, the economic interest of the Individual
members of the group or organization is small in comparison to the costs of effective

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participation in the proceeding. ( 1802(h))

3. The eligible local government entities participation or intervention without an award
of fees or costs imposes a significant financial hardship. ( 1803.1(b).)
4. A 1802(h) or 1803.1(b) finding of significant financial hardship in another
proceeding, made within one year prior to the commencement of this proceeding,
created a rebuttable presumption in this proceeding ( 1804(b)(1)).

Commissions finding of significant financial hardship made in proceeding

number:

Date of Administrative Law Judges Ruling (or CPUC Decision) in which the finding
of significant financial hardship was made:
B. The partys explanation of the factual basis for its claim of significant financial
hardship ( 1802(h) or 1803.1(b)) (necessary documentation, if warranted, is attached
to the NOI:
Per 1802(h). This hearing will be held in San Francisco, several hours drive from the Monterey
Peninsula. We will be required to miss work, travel, buy gas, and pay for overnight stay if
hearing dates are set back to back. Our group consists of advocates/private citizens who
personally fund all activities related to educating the community on water issues and advocacy
events for regional water justice. To travel to San Francisco from the Monterey Peninsula will
require participants to personally pay (out of savings) for gas, lodging, if required, and other
administrative expenses involved in participating in the Evidentiary Hearings. We have one
expert witness.

ADMINISTRATIVE LAW JUDGE RULING

1. The Notice of Intent to Claim Intervenor Compensation (NOI) filed by Citizens

for Just Water has not demonstrated the partys status as a customer or an
eligible local government entity for the following reason(s):
Citizens for Just Water asserts its eligibility as a Category 3 customer pursuant to
1802(b)(1)(C) as a group or organization authorized to represent residential or small
commercial utility customers. Environmental groups authorized to represent
environmental interests are also included in this customer category.1 A group asserting
eligibility under this customer category must have an authorization in the articles of
incorporation or bylaws to represent the interests of residential or small commercial utility
customers (or the environment). Pursuant to Rule 17.1 of the Commission Rules of
Practice and Procedure, the notice of intent filed by a Category 3 customer shall
provide a copy of articles of incorporation or bylaws demonstrating the intervenors
customer status pursuant to Public Utilities Code Section 1802(b)(1)(C). The subject

1
D.98-04-059 at 30.

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NOI explains that Citizens for Just Water does not have articles or bylaws. Therefore,
Citizens for Just Water has not demonstrated that it is eligible pursuant to 1802(b)(1)(C).
2. The NOI has not adequately described the scope of anticipated participation (Part
II, above) for the following reason(s):
The Commission requires the NOI to identify all issues on which the intervenor intends
to participate and seek compensation, and shall separately state the expected budget for
participating on each issue (Rule 17.1(c) of the Commission Rules of Practice and
Procedure).2 The NOI fails to allocate Citizens for Just Waters budget for each issue.
3. The NOI has not demonstrated significant financial hardship for the following
reason(s):
For a group or organization claiming eligibility under Section 1802(b)(1)(C), significant
financial hardship means that the economic interest of the individual members of the
group or organization is small in comparison to the costs of effective participation in the
proceeding (1802(h)). An NOI filed by a group or organization must compare the
economic interests of its members in the outcomes of the proceeding with the reasonable
costs of participation. The NOI does not perform the required analysis of the Citizens for
Just Water members economic interest at stake and the costs of participation.
4. The Administrative Law Judge provides the following additional guidance (see
1804(b)(2)):
This ruling does not preclude Citizens for Just Water from participating, at its own cost, in
this proceeding. Should any changes affecting Citizens for Just Waters current status
occur, this group may file an NOI reflecting these changes. Citizens for Just Water asserts
that it represents the citizens from the City of Marina and neighboring communities.
Given a closeness of the interests Citizens for Just Water claims to represent and the
interests advanced by other groups and organizations (Water Plus, LandWatch Monterey
County, Planning and Conservation League, Salinas Valley Water Coalition, and many
others), Citizens for Just Water is recommended to engage in the communal input, to
reduce costs of the participation.

2
The Intervenor Compensation Program Guide at 12 explains how this information may be provided
(http://cpuc.ca.gov/icomp/).

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IT IS RULED that:

1. The Notice of Intent to Claim Intervenor Compensation filed by Citizens for Just Water
is rejected for the reasons set forth.
2. Additional guidance is provided to Citizens for Just Water as set forth above.

Dated November 20, 2017, at San Francisco, California.

/s/ W. ANTHONY COLBERT for

Gary Weatherford
Darcie L. Houck
Robert W. Haga
Administrative Law Judges

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