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14.D. PG Agha-MLCP Agreement OCR Document

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    Regular Agenda Item No. 14DAdministrative Report

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    Regular Agenda Item No. 14DAdministrative Report

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    Regular Agenda Item No. 14DAdministrative Report

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    Regular Agenda Item No. 14DAdministrative Report

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    Regular Agenda Item No. 14DAdministrative Report

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    Regular Agenda Item No. 14DAdministrative Report

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    Regular Agenda Item No. 14DAdministrative Report

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    Regular Agenda Item No. 14DAttachment 1

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    Regular Agenda Item No. 14DAttachment 1

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    Regular Agenda Item No. 14DAttachment 1

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    Regular Agenda Item No. 14DAttachment 1

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    Regular Agenda Item No. 14DAttachment 1

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    Regular Agenda Item No. 14DAttachment 1

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    Regular Agenda Item No. 14DAttachment 1

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    Regular Agenda Item No. 14DAttachment 1

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    Regular Agenda Item No. 14DAttachment 1

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    Monterey County HeraldLetter to the EditorJune 12, 2012:

    Agha opposes Narigi on panel

    I am concerned that the Technical Advisory Committee of the mayors joint powers agency is too little

    technical and too much political.

    It is one thing to have George Riley on it, a student of water issues and stimulant for addressing

    important policy questions. But it is quite another to have John Narigi on it, the political kingpin for the

    hospitality industry. He is not a water expert. He has been making biased bureaucratic comments about

    my Peoples desalination project and our list of questions that was answered with the help of the best

    engineers and consultants.

    The Peoples Project has received a great evaluation from the independent consultant with the ultimate

    findings of no fatal flaws. Narigis history on water is essentially political and he has acknowledged his

    preference for the Cal Am proposal in public. He is also known to be closely connected to the DeepWater Desal. How do you expect an objective evaluation of the desal proposals with his inexperience

    and inability to make an educated independent evaluation? His project preferences are widely known.

    I am concerned that the Peoples Project will not get a fair hearing. I believe he should recuse himse lf

    because in our opinion he does not stand for the best interest of the ratepayers. This is clear due to his

    bias toward Cal Am, which made a deal to reduce his groups water rate and push the burden towards

    ratepayers.

    Nader Agha

    Pacific Grove

    Regular Agenda Item No. 14DAttachment 2

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    City of Pacific Grove Prehearing Conference Statement

    A.12-04-019

    BEFORE THE PUBLIC UTILITIES COMMISSION

    OF THE STATE OF CALIFORNIA

    Application of California-American ) Application 12-04-019

    Water Company (U210W) for Approval ) (Filed April 23, 2012)of the Monterey Peninsula Water Supply )

    Project and Authorization to Recover )

    All Present and Future Costs in Rates )____________________________________)

    PREHEARING CONFERENCE STATEMENT

    OF THE CITY OF PACIFIC GROVE

    Thomas FrutcheyCity Manager

    City of Pacific Grove

    300 Forest AvenuePacific Grove, CA 93950

    Telephone: (831) 648-3181

    Facsimile: (831) 657-9361

    Email: [email protected]

    CITY OF PACIFIC GROVE

    June 4, 2012

    Regular Agenda Item No. 14DAttachment 3

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    City of Pacific Grove Prehearing Conference Statement

    A.12-04-019

    BEFORE THE PUBLIC UTILITIES COMMISSION

    OF THE STATE OF CALIFORNIA

    Application of California-American ) Application 12-04-019

    Water Company (U210W) for Approval ) (Filed April 23, 2012)of the Monterey Peninsula Water Supply )

    Project and Authorization to Recover )

    All Present and Future Costs in Rates )____________________________________)

    PREHEARING CONFERENCE STATEMENT

    OF THE CITY OF PACIFIC GROVE

    Introduction

    The City of Pacific Grove (City) hereby submits its Prehearing Conference Statement for

    the scheduled June 6, 2012 Prehearing Conference in accord with Administrative Law Judge

    (ALJ) Weatherfords Ruling of May 11, 2012, and Rule 7.2 of the Rules of Practice and

    Procedure (Rules) of the California Public Utilities Commission (Commission).

    Issues to Define the Scope of the Hearing

    The City believes there are a number of issues worthy of in-depth analysis. However,

    rather than repeat issues already identified by other interveners, including the Monterey

    Peninsula Regional Water Authority (MPRWA), of which the City is a member, the City

    identifies here only the following additional issues it requests be addressed in the hearing:

    Development of a desalination projectas one major component of the Projectappears

    necessary. In order to best serve the ratepayers, and maximize the chances that the replacement

    water is available on time, the City believes that the principal competitive project proposals must

    Regular Agenda Item No. 14DAttachment 3

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    Page 2

    all be vetted using four main criteria: technical feasibility; on-time deliverability; cost to

    ratepayers; and governance.

    Given the likely costs of the water generated by one or more of the three major

    components of the proposed project will represent a significant increase over current costs and

    require a significant increase in rates, small projects that were previously rejected should be re-

    examined, as they may now be cost-competitive. Examination of small projects should not

    provide a basis to delay approval or delivery of the proposed project, but may offer opportunities

    to reduce its scale or cost provided those alternates are achievable in a timely manner. The City

    is prepared to discuss one or more small project opportunities that appear promising.

    The lack of any role for representatives of local ratepayers in governance is still a matter

    of concern. Such a role can be accomplished through either a public partner or through the

    ongoing decision-making structure. A public partner may insulate the risk of operational

    disruptions and public health impacts, may ensure the lowest cost financing and thereby

    minimize rate impacts, and may best address concerns over growth inducement. Involving the

    cities in ongoing Project decision-making ensures that the ratepayers interests are represented,

    and such interests adequately balance the interests of investors. We believe that such public

    involvement in governance must include binding applicationas to the projects design, financing,

    construction, and operation.

    The Project faces a number of actual and potential legal hurdles that create risk of

    litigation and delay. The Commission is uniquely able to design a review and approval process

    Regular Agenda Item No. 14DAttachment 3

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    Page 3

    that enables collaboration and compromise among the various parties to address outstanding

    issues, develop mutually acceptable solutions, and minimize litigation risk.

    Workshop

    In view of the complexities of the issues and need for timely resolution, the City supports

    holding a workshop, preferably in Monterey County, which will tend to increase participation of

    local interested parties and their acceptance of developed solutions.

    Settlement

    The City is willing to participate in settlement discussions, with or without mediation,

    and is committed to ensuring they are productive.

    Schedule

    The proposed schedule does not identify the timing of environmental review. A

    completed environmental review, including public comments and responses, is critical to

    formulation of mitigation and alternatives, which may constrain the selection and costs of the

    options available for evaluation in the formal proceedings. In order to ensure that environmental

    considerations are incorporated into the formal proceedings, a final environmental document

    should be published before testimony and evidentiary hearings.

    Conclusion

    The City looks forward to working with all interested parties to achieve the best and most

    timely solution for the Monterey Peninsula.

    Regular Agenda Item No. 14DAttachment 3

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    Page 4

    Dated: June 4, 2012 Respectfully submitted,

    /s/Thomas Frutchey

    Thomas Frutchey

    City ManagerCity of Pacific Grove

    300 Forest Avenue

    Pacific Grove, CA 93950

    Regular Agenda Item No. 14DAttachment 3

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    Regular Agenda Item No. 14DAttachment 4


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