C.16-12-012 ALJ/DB3/mln/sf3 PROPOSED DECISION

ALJ/DB3/mln/sf3 PROPOSED DECISION Agenda ID #16135

Adjudicatory

Decision ______

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Charles Parks, Linda Salsbury, Bob Sherrill, Julie Weakley, Janet Reniere, Gary Parkinson, Richard Miller, Sharon McMahan, David Andre, Donna Andre, Allan Quist, Sheree Quist, Karen Finley, Willene Howe, Christy Atwood VanHook, Winifred Moore, Newton Hightower, Nancy Gerrard, Marc Scheible, Debbie Scheible, Cheryl Jones, Katie Phillips, Janice Elam, Jeanette Lynn, Justin Edwards, Nancy Edwards, Franchelle Ellisonn, Richard Beebe, Kathleen Beebe, Rod Goss, Howard Neely, Irene Richardson, Mark Richardson, Jayne Thurman, Charles Shapiro, Mary Ann Service, Ron Sutton, Gary Rayburn, Mary Browning, Vern Glomb, Priscilla Glomb, Annabelle Barnett, Kenneth Sikes, Debbie McDaniel, Herbert Biddle, Linda Tayman, Teresa Strange, Jim Keene, Ruben Comelli, Christine Burciagan Phil Maggio, Gail Maggio' Dawn Herrera, Steve Dimmick, Joanne Dimmick, Rodger Harmel, Sue Stanton,
Complainants,
vs.
Mesa Dunes Mobile Home Estates, LLC, a California Limited Liability Company, dba Mesa Dunes Mobile Home Estates,
Defendant. / Case 16-12-012

ORDER EXTENDING STATUTORY DEADLINE

Summary

This decision extends the statutory deadline in this proceeding until
June 19, 2018.

1.  Background

Pub. Util. Code § 1701.2(i) provides that adjudicatory cases, such as this one, shall be resolved within 12 months of initiation unless the California Public Utilities Commission (“CPUC” or “Commission”) makes findings as to why that deadline cannot be met and issues an order extending that deadline.
The 12-month statutory deadline for this proceeding is December 19, 2017.

On December 19, 2016, several residents (Complainants) of the Mesa Dunes Mobile Home Estates (Mesa Dunes), representing at least ten percent of the total residents, filed this complaint seeking Commission review of the water rates charged by Mesa Dunes beginning in June, 2016, to determine whether they are just and reasonable pursuant to Public Utilities Code (Pub. Util. Code)
§ 2705.6. On February 17, 2017, Mesa Dunes filed an answer to the complaint pursuant to the Instruction to Answer issued by the Commission on
January 19, 2017, denying the charges and requesting the Commission dismiss the complaint.

On June 15, 2017, a prehearing conference (PHC) was held in Arroyo Grande before Administrative Law Judge (ALJ) Dan Burcham. On June 28, 2017, the Complainants filed an amended complaint and on July 27, 2017, Mesa Dunes filed an answer to the amended complaint and a separate motion to dismiss the amended complaint.

On October 11, 2017, Commissioner Randolph issued the assigned Commissioner’s Scoping Memo and Ruling, referring the matter to the Commission’s Water Division and requesting a review of the contested rates. The Water Division will not be able to complete their review before the statutory deadline, and an extension of time to June 19, 2018 is necessary.

2.  Waiver of Comment Period

Under 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.

3.  Assignment of Proceeding

Liane M. Randolph is the assigned Commissioner and Dan H. Burcham is the assigned Administrative Law Judge and presiding officer in this proceeding.

Findings of Fact

  1. On December 19, 2016, Complainants filed this complaint against Mesa Dunes.
  2. Mesa Dunes filed its answer on February 17, 2017.
  3. On June 28, 2017, Complainants filed an amended complaint.
  4. On July 27, 2017, Mesa Dunes filed an answer to the amended complaint.
  5. On October 11, 2017, the complaint was referred to the Commission’s Water Division to review the contested rates.
  6. The 12-month statutory deadline in this proceeding is December 19, 2017.
  7. This proceeding cannot be completed by December 19, 2017.

Conclusion of Law

Pursuant to the authority granted to the Commission under Pub. Util. Code § 1701.2(i), the statutory deadline should be extended to June 19, 2018.

IT IS ORDERED that:

  1. The statutory deadline for completion of this proceeding is extended until June 19, 2018.
  2. The 30-day period for review and comment on this order is waived.

This order is effective today.

Dated ______, at San Francisco, California.

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