Discussion - California

?ALJ/SJP/mln/lilDate of Issuance 8/10/2020Decision 20-08-016 August 6, 2020BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIAJames P. Kearns, individually and as Trustee of the James P. Kearns 2001 Trust,Complainant,vs.California American Water Company (U210W)Defendant.Case 19-08-011ORDER EXTENDING STATUTORY DEADLINESummaryThis decision extends the statutory deadline in this proceeding until May 19, 2021.BackgroundOn August 19, 2019, James P. Kearns, individually and as Trustee of the James P. Kearns 2001 Trust, filed a complaint against California American Water Company (Cal-Am) seeking immediate restoration of water service to Mr.?Kearns’ property and related relief. Cal-Am’s water service to Mr. Kearns’ property was interrupted on February 23, 2017 apparently due to damage during a storm and to date, has not been restored.The Chief Administrative Law Judge (ALJ) sent Instructions to Answer to Cal-Am on September 16, 2019. Cal-Am timely filed an answer on October 16, 2019. A prehearing conference was held on October 31, 2019. The assigned Commissioner’s Scoping Memo and Ruling (Scoping Memo) was issued on November 15, 2019 setting forth the category, issues to be addressed, and schedule for the proceeding.The parties have been engaged in ongoing settlement discussions and have been filing periodic status reports regarding their settlement efforts. In light of parties’ ongoing settlement efforts, on February 12, 2020, the assigned ALJ issued a ruling vacating the schedule set forth in the Scoping Memo. In a joint status report filed on April 15, 2020, the parties report that they have reached a written settlement agreement regarding restoration of service to the Kearns property. The parties intend to file a stipulated motion to dismiss this proceeding once the conditions of the settlement are finalized. One of those conditions is the restoration of service to the Kearns property. In the April 15, 2020 report, the parties state that they anticipate possible delays with certain aspects of the project, particularly resolving negotiations with private individuals for necessary easements, due to the current public health emergency.In the most recent joint status report filed on July 10, 2020, the parties state that they anticipate filing a stipulated motion to dismiss the complaint by the end of November 2020.DiscussionPub. Util. Code § 1701.2(i) provides that adjudicatory matters such as this complaint case shall be resolved within 12 months after they are initiated, unless the Commission makes findings why that deadline cannot be met and issues an order extending the 12-month deadline. In this proceeding, the 12-month deadline for resolving the case is August 19, 2020. The parties have reached a settlement agreement and intend to file a stipulated motion to dismiss the proceeding once all of the conditions of the settlement agreement are finalized. The parties appear to be engaged in good faith efforts to finalize these conditions, which includes the restoration of service to Mr. Kearns’ property. However, the parties require additional time to do so. Under the circumstances of this case, we believe that a nine-month extension of time, until May 19, 2021, is warranted. In the most recent status report, the parties report that they anticipate filing a stipulated motion to dismiss the complaint by the end of November 2020. The new statutory deadline should provide sufficient time for the parties file their anticipated motion, or alternatively, to litigate the case if the conditions of the settlement are unable to be finalized. Waiver of Comment PeriodUnder Rule 14.6(c)(4) of the Commission’s Rules of Practice and Procedure, the Commission may waive the otherwise applicable 30-day period for public review and comment on a decision that extends the 12-month deadline set forth in Pub. Util. Code § 1701.2(i). Under the circumstances of this case, it is appropriate to waive the 30-day period for public review and comment.Assignment of ProceedingGenevieve Shiroma is the assigned Commissioner and Sophia J. Park is the assigned ALJ and presiding officer in this proceeding.Findings of FactThe complaint in this case was filed on August 19, 2019.The current statutory deadline for resolving this case is August 19, 2020. An extension of time until May 19, 2021 should allow for sufficient time for the parties to file a stipulated motion to dismiss the complaint, or alternatively, to litigate the case if the conditions of the settlement are unable to be finalized.Conclusions of Law Because of parties’ ongoing settlement efforts, it will not be possible to resolve this case within the 12-month period provided for in Pub. Util. Code §?1701.2(i).The 12-month statutory deadline should be extended for nine months to allow for resolution of this proceeding. IT IS ORDERED that the statutory deadline for completion of this proceeding is extended until May 19, 2021. This order is effective today.Dated August 6, 2020, at San Francisco, California.MARYBEL BATJER PresidentLIANE M. RANDOLPHMARTHA GUZMAN ACEVESCLIFFORD RECHTSCHAFFENGENEVIEVE SHIROMA Commissioners ................
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