October 30, 2012
It's become a heated political issue here in Monterey County, but there wasn't even a peep of protest when the California Public Utilities Commission killed the county law requiring public ownership and operation of local desalination plants.
Item 17 on the Oct. 25 CPUC agenda, "Declaring Preemption of County Ordinance and the Exercise of Paramount Jurisdiction," passed unanimously as part of the consent agenda. The vote sanctioned the proposed decision of a CPUC administrative law judge who'd ruled that the commission, which regulates the state's private utility companies, trumps the 1989 county law.
This is kind of a big deal. Last spring, after the collapse of a regional desal proposal that would have had public ownership, California American Water Co. unveiled a new proposal. The Water Supply Project simply ignored the county law and proposed to make Cal Am the private owner and operator the regional desal plant.
The county filed suit in San Francisco Superior Court in hopes of clarifying the issue. The Oct. 25 CPUC ruling assumes the commission not only trumps county law, but the Superior Court's power as well.
County Counsel Charles McKee says this issue is not to bed yet. “It’s not just done," he says. "We have to evaluate whether it’s appropriate to seek a re-hearing [with the CPUC] or a challenge in the Supreme Court."
There may be another process, he adds, that would accomplish the goals of the county law without slowing down Cal Am's Water Supply Project. “Reliability is a big thing in terms of having a public entity be the owner. You don’t have a potential owner of a resource like that with the risk of going out of business and not being able to continue," he says. "Having this decision come out now doesn’t help us."
For all the background you never wanted on this impossibly wonky—but critically important for anyone who uses water on the Monterey Peninsula—issue, visit www.mcweekly.com/desal.
Coffee Mia
Marina
Comments
oldguy49 says...
Well, well, another nail in the water coffin for the Peninsula. Did anyone pay attention when the news came out that the County, Cal Am, or whomever needs to start over on an EIR? Care to guess how long that is going to take? Average is two years, and now our trusted leaders, the Board of Supervisors who tubed the last project are scratching their heads because the PUC declared themselves superior to the County. Instead of rolling over and handing the keys to the County to Cal Am, here is an idea, tell the PUC to go to he..!!
A quick analysis of the Cal Am plan that we (the ratepayers) are going to pay for (again) is the three legged stool, and lets assume for argument that we do not care which Desal Project wins. 1) Recycled water recharge, 3,500 acre feet, 2) winter flow injection, 1,500 acre feet, and 3) Desal Water from whereever, the balance to arrive at replacement of 10,500 acre feet. Assuming the County caves and the local ownership ordinance is no longer an issue, here is what is an issue.
The recycled water is OWNED by the Salinas Valley, the Peninsula has a token share and most of that is shared with, you guessed it, the Marina Coast Water District. Look up the 1992 agreements. The Ag Industry has already fired a shot over the County's bow in a letter from the Salinas Valley Water Coalition, and while the County may lick the boots of Cal Am and the PUC, the Ag industry will tell them where to shove their ideas.
The winter recharge in the Seaside aquifer is actually a good idea, but not drought tolerant. How much would we have had this last winter after fish flows, wait for it.......zero.
Nader and his group keep talking about how cheap their water is, how are they going to get it to the Peninsula? The pipeline from Marina was $100M for Cal Am, how much from Moss Landing? No need for a Coastal Commission permit? Really? Are we going to spend another $30M on an EIR to figure this out? Would someone please lead!!!!!!!
Posted 30 October 2012, 3:16 p.m. Suggest removal
Log in to comment