Squid raps on ex parte communications and the impending Peninsula water crisis.

Monday, December 10, 2012

Parte Party…Well-trained at conducting interviews from the deep, Squid’s a pretty good listener, sometimes vigorously taking notes for hours at a time while crazy people spout off about whatever’s bugging them, which usually means the impending drought on the Monterey Peninsula, which looks even steeper and more unresolvable than the fiscal cliff.

Squid’s ability to patiently tune in to the echo chamber might make Squid a good California Public Utilities Commissioner, if recent ex parte communications are any indication. (That’s Latin for “by one party,” as in uninterrupted soapbox.) Anyone can request a few minutes on their soapbox in front of a commissioner or their staff, as long as they file a formal notice of ex parte communication, so the uninvited public doesn’t miss out on any of the unquiet rage of California American Water’s water supply proposal. And if only rage could do the wash, there might be no water shortage problem.

Last week after the county announced its $3.4 million settlement with Cal Am—pocket change, really, considering it came in exchange for the county’s long-standing ordinance that requires public ownership of a desal plant, an ordinance that Cal Am now gets special exception to—the rage was boiling over at WaterPlus, the ratepayer advocacy group.

“The county used its desalination ordinance as a bargaining chip,” WaterPlus President Ron Weitzman wrote in a Dec. 5 email to the Board of Supes, with just about everyone else, including PUC Administrative Law Judge Gary Weatherford, copied. “[The settlement is] a sell-out to ratepayers who will have to pay the bill.”

Then WaterPlus member and web editor David Loye chimed in to the email chain: “This is a triumph for Cal Am's ability to manipulate county political leadership that must inevitably lead to creeping disaster for Peninsula unless somehow blocked for revision.”

That’s when PUC Attorney Peter Allen emailed Weitzman and Loye and instructed them to cut it out, because their “open letters” could count as ex parte communications, requiring public noticing. “I wanted to make sure there wasn’t suddenly this big long discussion,” Allen tells Squid. “I would’ve hoped Mr. Weitzman would’ve known better than to include the commission decision-makers on his letter, but apparently not.”

Which means Weitzman got the last word, sort of. WaterPlus wants to sign up as a formal intervenor party to the desal party, but can’t find a lawyer to rep them who will tolerate the PUC’s bureaucratic process for getting paid. That leaves Weitzman writing angry emails that conclude with painful honesty: “Unfortunately, all we can do now is say, ‘OUCH!’ Which is what we just did.”

 CONGRATULATIONS, Squid, you get it. Ron Weitzman does as well. I am probably one of the crazy people you are referring to, but Cal Am will NEVER get their three legged stool built, and the County caved like a paper house. 
 Any plan that is predicated on taking water from the Salinas Valley, regardless of the depth of the wells, forcing the farmers to give up recycled water rights that the Salinas Valley paid for and a recharge program that must take into account fish flows and would have contributed nothing this last year is frought with peril. Dave Potter should be absolutely ashamed of himself (if that is possible) and a one time exception to an ordinance that must have been thought through years ago is a bad precedent.
 I do applaud the Water District for discussing a contingency plan, I just hope it is not too late.

Could someone on the staff let us see the comment above. Most of it is hidden behind the thumbnails of previous issues.

The following comment was made by oldguy49 and does not reflect the opinion or position of Monterey County Weekly:

CONGRATULATIONS, Squid, you get it. Ron Weitzman does as well. I am probably one of the crazy people you are referring to, but Cal Am will NEVER get their three legged stool built, and the County caved like a paper house. Any plan that is predicated on taking water from the Salinas Valley, regardless of the depth of the wells, forcing the farmers to give up recycled water rights that the Salinas Valley paid for and a recharge program that must take into account fish flows and would have contributed nothing this last year is frought with peril. Dave Potter should be absolutely ashamed of himself (if that is possible) and a one time exception to an ordinance that must have been thought through years ago is a bad precedent. I do applaud the Water District for discussing a contingency plan, I just hope it is not too late.

 Ron Weitzman wrote an excellent letter to the Herald this morning, I assume a paid article, not in the Letters to Editor. I will assume, for the moment, that he will also have the letter in other papers, including this one. He raises excellent points, including the fact that the Collins issue, while embarrassing to the County had nothing to do with the failure of the Regional Project. The BOS wears the responsibility for that one.
 Makes you wonder, does it not, Cal Am plans on building a project in the Salinas Valley, but if unsuccessful, which is inevitable, where is their fall-back position. Lou Calcagno's property. Do you honestly believe that Weitzman and others do not know this? It is not a very good secret, it is on file with the PUC, as Cal Am's first alternative; Cal Am just does not identify the property owner.
 Speaking of poor secrets, a certain Supervisor's office is leaking information that Collins may have filed a Federal action and the Feds are taking it seriously. The rumor mill at the Courthouse is trying to keep it quiet, but my son heard about it. Interesting.......

 An excellent article from Sara Rubin in this week's edition. The Salinas valley has always controlled water politics in this County and always will. This Peninsula is placing a HUGE bet on Cal Am that they can manhandle the Ag Industry the way they did the BOS. Simply is not going to happen. Look at the Editorial in the Herald today and Ms. Rubin's article. As a community we need to wake up.
 As an aside, got my second confirmation today that Collins has invited in the Feds, and they have said, yes.

 This is going to be a very interesting month. In the last couple of days the Weekly has correctly pointed out a variety of flaws in the Cal Am three legged stool, the Ag Industry has made their position abundantly clear in editorials and articles and Joe Livernois wrote an excellent piece in the Pine Cone. The Board of Supervisors sold out the Peninsula in favor of Cal Am and the Feds are now in. Trying to make Collins the scapegoat for their failure is not going to work; how did we get here? Perhaps we can clean up our mess, and actually solve our water problems.

To Squid Fry What a shame that you choose to take out my comments...So much for free speech....

Oops...Found my post under another story but you didn't put it here...Very confusing....But it's the same post by oldguy49....At any rate, by the time the feds get through with the BOS regarding a failed water project. the truth will be known I believe...

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Extra Helping of Squid 12.10.12