Wednesday, July 22, 2009

LAWSUIT COULD RESUME AGAINST SDG&E

It's probably safe to say that the general managers of the backcountry water districts and the executives of San Diego Gas & Electric probably don't get together to play golf on their off hours.

Several local water districts, especially Valley Center Municipal Water District, have bitterly fought SDG&E's proposal to turn off the power during red flag days of high winds and low humidity, combined with other factors.

This week, with SDGE&E stating that it's not going to wait for the Public Utilities Commission's ruling on its proposal before putting it into effect on Sept. 1, I asked VCMWD's Gen. Mgr. Gary Arant if that means the water districts are going to revive their lawsuit to keep this from happening.

He told me:

"They say they have the authority to shut off power now, with or without the PUC ruling. It is true, they have the ability to do that, however, what they need from the PUC is a rule modification which gives them tort immunity from doing so. If they had that now had that immunity, why would they have gone to the PUC in the first place.

"They are evidently hell-bent to do this. With their approach and attitude, it is clear that the Emergency Power Shut Off is more about the SDG&E bottom-line and less about community safety.

"The water districts and others participated in the PUC process in good faith as we did in the negotiation process. It seems that SDG&E has as much respect for the PUC as they do for negotiating in good faith.

If they proceed with the shut off plan, then we will exercise any and all other avenues available to protect the communities and people we serve. We are examining our options now, including going back to court right now."

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