GW2/ek4 2/17/2017 FILED

2-17-17
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
01:47 PM

Application of California-American Water

Company (U210W) for Approval of the
Monterey Peninsula Water Supply Project Application 12-04-019
and Authorization to Recover All Present (Filed April 23, 2012)
and Future Costs in Rates.

ADMINISTRATIVE LAW JUDGES RULING DENYING MARINA COAST

WATER DISTRICTS MOTION FOR ACCESS TO DOCUMENTS,
RECIRCULATION OF DRAFT EIR, AND RE-COMMENCEMENT
OF COMMENT PERIOD

On February 8, 2017, Marina Coast Water District (MCWD) moved for an

order or ruling that requires the Commissions Energy Division to recirculate the
Notice of Availability (NOA) of the Commissions draft Environmental Impact
Report/Environmental Impact Statement (EIR/EIS). MCWD also requests access
to all documents referenced in the draft EIR/EIS and the Appendices thereto.
Finally, MCWD requests re-commencement of the public comment period.
The motion is denied. The decision to recirculate the NOA, provide access
to all documents, and re-commence the comment period lies within the
discretion of the Commissions Energy Division Director. It is not the proper
subject for a motion. MCWD may pursue its requests with the Energy Division.
If MCWD continues to assert that the manner in which Energy Division
conducted the EIR process pursuant to the California Environmental Qualities
Act is insufficient, and MCWD later properly asserts that claim (e.g., in legal
briefs or comments on the proposed decision), then the Commission may
consider that assertion when it determines the matter on the merits (i.e., when

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the Commission decides whether or not to certify the final EIR/EIS). Parties may
also refer to the June 26, 2015 Ruling for similar direction.

IT IS RULED that the February 8, 2017 motion of Marina Coast Water

District for access to documents, recirculation of the January 13, 2017 Notice of
Availability of the Commissions draft Environmental Impact
Report/Environmental Impact Statement, and re-commencement of the public
comment period is denied.

Dated February 17, 2017, at San Francisco, California.

/s/ GARY WEATHERFORD

Gary Weatherford
Administrative Law Judge

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