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Surfrider Foundation's Request for Official Notice

Surfrider Foundation's Request for Official Notice

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Published by L. A. Paterson
California Public Utilities Commission, California American Water Monterey Peninsula Water Supply Project
California Public Utilities Commission, California American Water Monterey Peninsula Water Supply Project

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Published by: L. A. Paterson on Sep 12, 2013
Copyright:Attribution Non-commercial

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08/23/2014

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BEFORE
THE
PUBLIC UTILITIES COMMISSION
OF THE
STATE
OF
CALIFORNIA
In the
Matter
of the
Application
of
CaliforniaAmerican Water Company (U210W)
for
Approval
of the
Monterey Peninsula WaterSupply Project
and
Authorization
to
Recover
All
Present
and
Future Costs
in
RatesA.12-04-019(Filed April
23, 2012)
SURFRIDER FOUNDATION'S REQUEST
FOR
OFFICIAL NOTICE
Pursuant
to
Rule
13.9,
Surfrider Foundation respectfully requests that
the
Commission take official notice
of the
following attached documents:
Attachment
1:
State Water Resources Control Board, Order
WR
2009-0060, Cease
and
Desist Order
(Oct. 20,
2009);
Attachment
2:
California Public Utilities Commission, Policy Statement
on
Greenhouse
Gas
Performance Standards
(Oct. 6,
2005);
Attachment
3:
State Water Resources Control Board, Notice
of
Application 30215A
and
Draft Permit
for
Diversion
and Use of
Water(Sept.
6,
2012).Rule
13.9
allows
the
Commission
to
take official notice
of
matters that
"may be
judiciallynoticed
. . .
pursuant
to
Evidence Code section
450 et seq."
Attachment
1 can be
judicially noticed under Evidence Code sections 452(c)
and(h)
because
the
document's existence
and
contents
are not
reasonably subject
to
dispute
and
because
it
constitutes
an
official
act of the
State Water Resources Control Board.
1
F I L E D
08-30-1304:59 PM
 
Attachment
2 can be
judicially noticed under Evidence Code sections 452(c)
and(h)
because
the
document's existence
and
contents
are not
reasonably subject
to
dispute
and
because
it
constitutes
an
official
act of the
California Public Utilities Commission.Attachment
3 can be
judicially noticed under Evidence Code sections 452(c)
and(h)
because
the
documents' existence
and
contents
are not
reasonably subject
to
dispute
and
because they constitute official acts
and
records
of the
State Water Resources Control
Board.
See
also Porterville Citizens
for
Responsible Hillside
Dev.
v.
City
of
Porterville
(2007)
157
Cal.App.4th
885, 893 n.7
(taking judicial notice
of
draft agency documents).DATED: August
30, 2013
SHUTE, MIHALY
&
WEINBERGER
LLPBy: /s/
Gabriel
M.B.
RossGABRIEL
M.B.
ROSSEDWARD
T.
SCHEXNAYDERGABRIEL
M.B.
ROSS
(SBN
224528)EDWARD
T.
SCHEXNAYDER
(SBN
284494)SHUTE, MIHALY
&
WEINBERGER
LLP396
Hayes Street
San
Francisco, California 94102Telephone:
(415)
552-7272Facsimile:
(415)
for
Surfrider Foundation
2
 
Attachment 1

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