Professional Documents
Culture Documents
11-21-17
11:09 AM
1See November 6, 2017, e-mail from Cathy Hongola-Baptista to Administrative Law Judges
Weatherford, Haga, and Houck with copies to the service list of Application (A.) 12-04-019.
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A.12-04-019 GW2/RWH/DH7/sf3
evidentiary hearings, should submit briefs on those issues. This includes any
updated briefs on CPCN issues that have been briefed previously. Current briefs
need to be comprehensive of all CPCN issues (except environmental and issues
resolved in Decision (D.) 16-09-021).2
The proposed outline is the outline adopted for briefs, as modified below.
Parties should follow the adopted outline in submitting their briefs. If a party
has no argument with respect to a specific issue it should so state so as to
maintain the structure and numbering of the outline. Issues that were
highlighted in the proposed outline are not included in the adopted outline.
Parties wishing to include other issues in their brief (not including the
highlighted items in the proposed outline that are excluded from the adopted
outline) should do so in a separate section after Section IV, in the outline,
accordingly we have eliminated Other as a separate category in Sections II. and
III. As stated in the August 28, 2017 Ruling (at 3): Parties have addressed
influence on the environment in comments on the draft EIR/EIS, and will
address it again in briefs after publication of the FEIR/FEIS. The Commission
will consider the environmental factor when it considers the FEIR/FEIS.
Therefore, briefs should include the remaining three issues required by Pub. Util.
Code 1002 as bases for granting a CPCN: community values, recreational and
park areas, and historical and aesthetic values.
In Section IV. Settlements, to the extent relevant for the CPCN portion of
the proceeding, the briefs should address parties positions on pending
settlements (e.g., Comprehensive Settlement Agreement, Sizing Settlement
2 Parties filed opening and reply briefs in June 2016 (after the hearings in May 2016 on Phase 2
issues in A.12-04-019). Those briefs addressed the Phase 2 issues and the Phase 2 issues were
addressed in D.16-09-021, and do not need to be addressed here.
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IT IS SO RULED, including that parties shall use the following outline for
their briefs:
Index
Table of Authorities
Summary
I. Introduction
II. Present and future public convenience and necessity of the project
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1. Community values
2. Recreational and park areas
3. Historical and aesthetic values
III. Legal Principles in Support of and in Opposition to MPWSP
A. Site restrictions, including California American Waters
access to CEMEX site
B. Agency Act
IV. Settlements
A. Comprehensive Settlement Agreement
B. Sizing Settlement Agreement
C. Return Water Settlement Agreement
D. Brine Settlement Agreement
V. Other
VI. Conclusion.
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