AgendaMonterey Peninsula Regional Water Authority (MPRWA)  Regular Meeting    7:00 PM, Thursday, February 28, 2013  City Hall  East side of Monte Verde Street  between Ocean and Seventh Avenues  City of Carmel-By-the-Sea, California    ROLL CALL    PLEDGE OF ALLEGIANCE    REPORTS FROM BOARD DIRECTORS AND STAFF    PUBLIC COMMENTS  PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any  subject which is within the jurisdiction of the MPRWA and which is not on the agenda. Any person  or group desiring to bring an item to the attention of the Authority may do so by addressing the  Authority during Public Comments or by addressing a letter of explanation to: MPRWA, Attn:  Monterey City Clerk, 580 Pacific St, Monterey, CA 93940. The appropriate staff person will contact  the sender concerning the details.    AGENDA ITEMS    1.  Approve Final Agreement to Form the Monterey Peninsula Water Supply Project  Governance Committee (Freeman)     2.  Receive and Discuss Testimony Submitted to California Public Utilities Commission  February 22, 2013 Deadline for Application (A- 12-04-019) Based on the MPRWA  Approved Position Statement (Burnett)     3.  Discuss Opportunity for Video Transmission Services through Access Monterey Peninsula  (Milton)     ADJOURNMENT        The Monterey Peninsula Regional Water Authority is committed to include the disabled in all of  its services, programs and activities. For disabled access, dial 711 to use the California Relay  Service (CRS) to speak to staff at the Monterey City Clerk’s Office, the Principal Office of the  Authority. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services  24 hours a day, 7 days a week. If you require a hearing amplification device to attend a  meeting, dial 711 to use CRS to talk to staff at the Monterey City Clerk’s Office at   (831) 646-3935 to coordinate use of a device or for information on an agenda.    Agenda related writings or documents provided to the MPRWA are available for public  inspection during the meeting or may be requested from the Monterey City Clerk’s Office at 580  Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with California  Government Code Section 54954.2(a) or Section 54956.      Monterey Peninsula Regional Water Authority   Agenda Report    Date:  February 28, 2013  Item No:  1.      №08/12      SUBJECT:  Approve Final Agreement to Form the Monterey Peninsula Water Supply Project  Governance Committee (Freeman)    DISCUSSION:     There is no report for this item. The Draft agreement is attached to this report.     ATTACHMENTS:  1) Draft MPWSP Governance Agreement – Red Line Version  2) Draft MPWSP Governance Agreement – Final Proposed Version  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 1, Packet Page 1 Redline – February 21, 2013 – Subject to Revision      1  AGREEMENT TO FORM THE  MONTEREY PENINSULA WATER SUPPLY PROJECT GOVERNANCE COMMITTEE    This  AGREEMENT  TO  FORM  THE  MONTEREY  PENINSULA  WATER  SUPPLY  PROJECT  GOVERNANCE  COMMITTEE  (“Agreement”)  is  made  and  entered  into  as  of  February  19__,  2013,  by  and  among  the  MONTEREY  PENINSULA  REGIONAL  WATER  AUTHORITY  (“MPRWA”),  the  MONTEREY  PENINSULA  WATER  MANAGEMENT  DISTRICT  (“MPWMD”),  the  COUNTY  OF  MONTEREY  (“County”),  and  the  CALIFORNIA-AMERICAN  WATER  COMPANY  (“Cal-Am”).  The  MPRWA,  the  MPWMD,  the  County,  and  Cal-Am  are  sometimes  referred  to  individually  herein  as  a  “Party,” and collectively as the “Parties.”  I.  Formation of Governance Committee  Pursuant to the terms of this Agreement, the Parties hereby form the Monterey Peninsula Water Supply  Project  Governance  Committee  (“Governance  Committee”)  comprised  of  representatives  of  the  MPRWA,  the  MPWMD,  the  County,  and  Cal-Am  to  ensure  efficient  and  effective  public  input  into  the  development and operation of the Monterey Peninsula Water Supply Project  (“Project”). Cal-Am’s entry  into  this  Agreement  is  expressly  conditioned  upon  its  legal  obligations  to  abide  by  the  orders  and  decisions of the California Public Utilities Commission (“CPUC”). Therefore, should the CPUC order Cal- Am  not  to  participate  in  this  Agreement,  Cal-Am  shall  be  relieved  of  all  obligations  set  forth  in  this  Agreement  and  this  Agreement  may  be  terminated  by  Cal -Am  upon  such  CPUC  order.  Further,  if  the  CPUC issues any order or decision that conflicts with any particular provision of this Agreement, Cal -Am  shall be relieved of any and all obligations to abide by the conflicting provision of this Agreement.   II.  Definitions   A.  Application A.12-04-019. Application of California-American Water Company (U210W)  for  Approval  of  the  Monterey  Peninsula Water  Supply  Project  and  Authorization  to  Recover  All  Present  and Future Costs in Rates, filed with the CPUC on or about April 23, 2012.  B.  ASR Infrastructure. The facilities used to inject into and extract potable water from the  Seaside  Groundwater  Basin,  as  described  in  Application  A.12-04-019.  These  facilities  will  include  the  Aquifer  Storage  and  Recovery  (“ASR”)  wells  and  related  appurtenances,  the  backflush  pipeline,  the  recirculation pipeline and the ASR pipeline.  C.  Brine Discharge Infrastructure. Facilities located outside the desalination plant site that  are  used  to  dispose  of  brine  into  the  ocean.  These  facilities  will  include  the  brine  disposal  pipeline,  the  brine  receiving  station,  any modification  to  the  MRWPCA  existing  outfall,  or  a  new  outfall,  or  potentially  the use of other existing outfalls with or without modifications.  D.  Cal-Am  Notification.  The  written  notification  from  Cal-Am  to  the  Chair  of  the  Governance  Committee  that  a  matter  is  ready  for  consideration,  consultation,  or  action  by  the  Governance Committee as provided herein, and as further defined within Section V.B.  E.  CEQA.  The California Environmental Quality Act.  E.F.  Contracts.  [Cal-Am  to  suggest  edits]  One or more  of  the  following  contracts between  Cal-Am  and  a  selected  contractor,  valued  in  excess  of  $1  million,  relating  to  the  design  and/or  construction  of  the  following  facilities:  (1)  design-build  contract(s)  for  the  Desalination  Infrastructure,  (2)  design-build  contract(s)  for  the  Source  Water  Infrastructure,  (3)  design-build  contract(s)  for  the  Brine  Discharge Infrastructure contracted for by Cal-Am, (4) design-bid-build contract(s) for  the Product Water  Pipeline, (5) design-bid-build contract(s) for the Raw Water Pipeline; (6) design-bid-build contract(s) forthe  ASR  Infrastructure,  and  (7)  design-bid-build  contract(s)  for  the  Terminal  Reservoir  Infrastructure.  Contracts for Oone or more of the contracts facilities identified above in this definition may be combined  Formatted: Highlight Formatted: No underline Formatted: Bullets and Numbering MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 2, Packet Page 2 Redline – February 21, 2013 – Subject to Revision      2  into a single contract.  In addition, the design and construction of a single facility identified above in this  definition may be combined into a single contract.  F.G.  CPCN. The Certificate of Public Convenience and Necessity, if ordered by the CPUC,  within Application A.12-04-019.  G.H.  Desalination Infrastructure. Facilities located within the desalination plant site  that are  used to create potable water from either an ocean source water, brackish source water or a combination  thereof,  and  appurtenant  facilities  needed  to  dispose  of  brine  to  the  Brine  Discharge  Infrastructure,  dispose of wastewater (i.e. process water and sanitary discharge), and any needed facilities that may be  required  to  return  groundwater  desalinated  water  for  use  withinprevent  export  of  native    back  to  the  Salinas River Groundwater Basin waterValley.  H.I.  Desalination  Project.  The  combination  of  the  Desalination  Infrastructure,  the  Brine  Discharge  Infrastructure,  the  Source  Water  Infrastructure,  the  Product  Water  Pipeline,  the  Raw  Water  Pipeline, and the Terminal Reservoir Infrastructure.  I.J.  GWR  Project.  Groundwater  replenishment  project  to  be  implemented  by  MRWPCA  and/or  MPWMD  which  involves  advanced  treatment  of  wastewater  and  the  injection  of  product  replenishment water into the Seaside Groundwater Basin. This project includes facilities for the treatment,  conveyance, and injection of the product replenishment water.  J.K.  MRWPCA. The Monterey Regional Water Pollution Control Agency.  K.L.  Product Water Pipeline. Facilities used to convey potable water from the Desalination  Infrastructure to the Terminal Reservoir Infrastructure and to Cal-Am’s existing distribution system at the  Eardley Pump Station.  L.M.  Project.  The  Monterey  Peninsula  Water  Supply  Project  as  proposed  in  Application  A.12-04-019, and as it may be modified by the CPCN issued in response to that Application.  M.N.  Public  Entity  Members  of  the  Governance  Committee.  The  MPRWA,  the  MPWMD,  and the County. Cal-Am is not a Public Entity Member of the Governance Committee.  N.O.  Raw  Water  Pipeline.  Facilities  used  to  convey  feedwater  (i.e.,  raw  water)  from  the  Source Water Infrastructure to the Desalination Infrastructure.  O.P.  Source Water Infrastructure. Wells and appurtenant facilities (or alternative contingent  intake facilities) that are used to extract and convey feedwater (i.e., raw water) to the Raw Water Pipeline.  These  facilities  will  include  the  slant  intake  wells  and  related  appurtenances  (if  permitted)  as  well  as  alternate contingent intakes such as a Ranney Well or open ocean intake as submitted by Cal -Am in its  contingency plans.   P.Q.  Terminal  Reservoir  Infrastructure.  Facilities  used  to  pump  and  store  potable  water  in  storage tanks east of the City of Seaside along General Jim Moore Boulevard. These facilities will include  the  terminal  reservoir,  terminal  reservoir  pump  station,  overflow  facilities  and  related  appurtenance  needed  to  assist  in  the  moving  of  water  to  and  from  the  ASR  Infrastructure,  other  ASR  facilities,  and  Product Water Pipeline.  Q.R.  Value Engineer. The professional engineer(s) to be retained by, or to consult with, Cal - Am to perform a value engineering analysis for the Desalination Project to potentially lower the costs of,  or maximize the value of, the Desalination Project to Cal-Am’s ratepayers, including matters concerning  the cost effectiveness, performance, reliability, quality, safety, durability, effectiveness, or other desirable  characteristics of the Desalination Project.  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 3, Packet Page 3 Redline – February 21, 2013 – Subject to Revision      3  The  Parties  acknowledge  that  the  Project  is  still  under  development  and  several  aspects  of  the  Project  may  be  modified  as  planning  continues  and  as  may  be  ordered  by  the  CPUC.  If  necessary  to  address  future  modifications  to  the  Project,  the  Parties  agree  to  cooperate  in  good  faith  to  reach  agreement  to  amend the definitions set forth herein as necessary to fulfill the purpose of this Agreement.  III.  Membership and Voting  Each  of  the  Public  Entity  Members  of  the  Governance  Committee  shall  be  represented  on  the  Governance  Committee  by  one  elected  official  of  such  entity  and  one  alternate  who  shall  also  be  an  elected official. No individual person may be appointed as the primary or alternate representative of more  than one Party. If MPWRAMPRWA ceases to exists, then the cities that are members of the MPRWA at  the  time  of  the  MPRWA’s  termination  shall  collectively  choose  a  “city  representative”  that  will  take  the  place of the MPRWA representative on the Governance Committee. Cal Am shall be represented by the  President of Cal-Am or the President’s alternate, whom the President may designate to act on his or her  behalf at anytime. The Governance Committee shall appoint a “Chair” and “Vice-Chair” from the primary  (non-alternate)  elected  officials  appointed  to  the  Governance  Committee.  Each  of  the  Public  Entity  Members of the Governance Committee shall have a single equal vote in decision-making. Cal-Am shall  not  have  a  vote  for  purposes  of  the  issuance  of  decisions  or  recommendations  by  the  Governance  Committee. However, Cal-Am shall, unless it abstains from doing so, state its preference with respect to  any decision or recommendation made by the Governance Committee (the “Cal-Am Preference”) at the  time  that  any  decision  or  recommendation  is  made  by  the  Governance  Committee  and  the  Cal-Am  Preference  shall  be  recorded  within  the  meeting  minutes  together  with  a  summary  of  any  explanation  provided by Cal-Am for the Cal-Am Preference.    IV.  Powers  A.  Purpose.  The  purpose  and  function  of  the  Governance  Committee  shall  be  to:  (i)  consult  with,  advise  and,  in  some  circumstances,  provide  direction  to,  Cal-Am  concerning  the  design,  permitting,  construction,  operations,  maintenance,  repairs,  and  replacements  of  the  components  of  the  Desalination  Project;  and  (ii)  serve  as  the  entity  which  Cal-Am  regularly  updates  as  to  Desalination  Project  status  and  issues.  The  members  of  the  Governance  Committee  shall  diligently  consider  all  matters  and  cause  the  Governance  Committee  to  timely  and  promptly  issue  decisions  or  recommendations brought before it as provided pursuant to the terms of this Agreement.  B.  Waiver  of  Action.  Upon  motion  and  affirmative  vote  of  the  Governance  Committee  (pursuant to Section VII of this Agreement), the Governance Committee may choose to waive its right t o  issue a decision or recommendation with respect to any matter for which the Governance Committee is  afforded  such  right herein. The  purpose of  the  Governance  Committee’s  right  to  waive  its  right  to make  any  specified  decision  or  recommendation  herein  is  to  empower  the  Governance  Committee  to  avoid  issuing any decision or recommendation, which, in its determination, would violate any law, unreasonably  delay  efforts  to develop water  supplies  for  the  Monterey  Peninsula, or  otherwise  compromise  the public  interest.  V.  Governance Committee Action; Procedures  A.  Matters  Subject  to  Governance  Committee  Action.  Matters  for  consideration,  consultation,  decision,  or  recommendation  by  the  Governance  Committee  shall  be divided  among  three  categories,  with  varying  processes  for  consultation,  recommendations,  and/or  decision-making,  as  follows:    Category  A:  The  Governance  Committee  makes  the  decision  or  recommendation  respecting the matter after receipt of a written recommendation from Cal-Am, and upon issuance  of its decision or recommendation, the Governance Committee provides a written explanation of  the  reasons  for  its  decision  to  Cal-Am  within  seven  (7)  calendar  days  following  its  decision  or  recommendation. Thereafter, Cal-Am will comply with the decision or recommendation issued by  the  Governance  Committee  so  long  as  the  decision  or  recommendation  is  consistent  with  the  Formatted: Tab stops:  1", Left + Not at  4.25" MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 4, Packet Page 4 Redline – February 21, 2013 – Subject to Revision      4  terms  of  this  Agreement.  However,  notwithstanding  any  provision  of  this  Agreement,  for  any  matter covered by Category A that relates to an action which may cause either a direct physical  change  in  the  environment,  or  a  reasonably  foreseeable  indirect  physical  change  in  the  environment, as defined by section 21065 of the California Public Resources Code, no decision  or recommendation shall be made by the Governance Committee as to the subject matter unless  and  until  such  time  as  the  action  has  been  subject  to  review  by  an  appropriate  agency  in  accordance  with  the  California  Environmental  Quality  Act  (“CEQA”)CEQA.  The  foregoing  provision  shall  not  be  construed  as  an  agreement  or  determination  by  or  among  any  of  the  Parties that CEQA applies to any action of the Governance Committee. This Agreement is itself  not  a  “project”  as  defined  by  section  15378  of  the  CEQA  Guidelines  (California  Code  of  Regulations,  Title  14,  Chapter  3)  because  it  is  an  organizational  activity  that  will  not  result  in  direct or indirect physical changes in the environment and this Agreement makes no commitment  to any project.  Category B: The Governance Committee makes a recommendation respecting the matter  after  receipt  of a written  recommendation  from  Cal-Am.  However,  Cal-Am may  determine, at  its  sole discretion, whether or not to follow the Governance Committee’s recommendation,  provided  that  if  Cal-Am  chooses  not  to  follow  the  recommendation,  Cal-Am  shall  provide  a  written  explanation of Cal-Am’s reasons for its decision not to follow the recommendation within ten (10)  calendar days following the issuance of the Governance Committee’s recommendation. Further,  should Cal-Am choose not to follow the recommendation of the Governance Committee, then any  Party may raise the issue for review by the CPUC during Cal-Am’s next general rate case.    Category  C:  Cal-Am  makes  the  decision  respecting  the  matter  after  receiving  a  recommendation from the Governance Committee. Cal-Am need not issue a written explanation  for  its  decision,  although  should  Cal-Am  choose  not  to  follow  the  recommendation  of  the  Governance Committee, then any Party may raise the issue for review by the CPUC during Cal - Am’s next general rate case.    B.  Procedure  for  Cal-Am  Notification.  Whenever  Cal-Am  is  presented  with,  or  becomes  aware  of,  a  matter  that  falls  within  any  of  the  subjects  identified  herein  for  consideration,  consultation,  decision  or  recommendation  by  the  Governance  Committee  that  is  ripe  for  presentation  to  the  Governance Committee, Cal-Am shall, in writing, promptly notify the Chair of the Governance Committee  (“Cal-Am  Notification”),  who  shall  schedule  the matter  for  consideration  by  the  Governance  Committee.  For  purposes  of  this  Agreement,  a  matter  shall  be  deemed  ripe  for  presentation  to  the  Governance  Committee at such time as either specified within the matters set forth below, or for any matter for which  no  specification  is  provided,  Cal-Am  shall  determine  the  time(s)  at  which  the  matter  is  appropriate  for  presentation for consultation, decision, or recommendation by the Governance Committee consistent with  the  purpose  of  this  Agreement.  Unless  a  different  period  is  specified  herein,  for  all  matters  for  which  a  decision  or  recommendation  is  to  be made  by  the  Governance  Committee,  the  Governance  Committee  shall issue its decision or recommendation within ten (10) calendar days following receipt of the Cal -Am  Notification.  If  the  Public  Entity  Members  of  the  Governance  Committee determine  that  the  Governance  Committee  requires  more  than  the  prescribed  time  period  provided  for  in  this  Agreement  to  act  on  any  matter that is the subject of the Cal-Am Notification, the Chair of the Governance Committee may, within  seven  (7)  calendar  days  following  receipt  of  the  Cal-Am  Notification,  request  a  reasonable  extension  of  time  by  written  request  to  Cal-Am,  and  Cal-Am  and  the  Public  Entity  Members  of  the  Governance  Committee  shall  cooperate  in  good  faith  to  agree  upon  and  set  a  reasonable  alternative  deadline  for  action  on  the  subject  matter  to  the  extent  that  such  an  extension  would  not  unreasonably  delay  the  Project, not unreasonabley  delay  required CPUC  filings by Cal-Am, or otherwise compromise the public  interest. So as to avoid undue delay, if the Governance Committee fails to make any decision or provide  any recommendation upon any matter brought before it (including all Category A decisions) on or before  the  expiration  of  the  prescribed  period  for  action  by  the  Governance  Committee  (or  the  period  of  any  extension agreed to by Cal-Am), or if the Governance Committee affirmatively waives its right to make a  decision  or  recommendation  respecting  a  matter  before  it,  then  Cal-Am may  make  the  subject  decision  without a decision or recommendation, as applicable, by the Governance Committee.  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 5, Packet Page 5 Redline – February 21, 2013 – Subject to Revision      5  C.  Cal-Am  Status  Presentations  and  Governance  Committee  Recommendations  Thereon. At each meeting of the Governance Committee, Cal-Am shall provide a report as to the status  of  the  Project,  which  shall  be  presented  by  one  or  more  individuals  knowledgeable  about  the  material  aspects  of  the  Project.  Upon  reasonable  advance,  written  notice,  the  Governance  Committee  may  request that Cal-Am include within its status presentation to the Governance Committee the status of any  matter  that  is  set  forth  in  any  of  the  three  categories  for  decision,  recommendation,  or  consultation  established  below,  together  with  an  explanation  of  any  pending  or  soon-to-be-pending  decisions  or  options  concerning  the  subject  matter.  The  Governance  Committee  may  issue,  in  writing,  any  recommendation  concerning  a  subject  matter  included  within  Cal-Am’s  presentation.  Cal-Am  may  determine,  at  its  sole  discretion,  whether  or  not  to  follow  the  recommendation,  provided  that  if  Cal-Am  chooses not to follow the recommendation and the subject matter is a matter covered by either Category  A  or  Category  B,  Cal-Am  shall,  within  ten  (10)  calendar  days  following  issuance  of  the  Governance  Committee’s recommendation, provide a written explanation of the reason(s) for Cal-Am’s decision not to  follow  the  recommendation.  If  the  subject  matter  is  a  matter  covered  by  Category  C  or  is  not  set  forth  within  any  of  the  three  categories  set  forth  below,  Cal-Am  need  not  issue  a  written  explanation  of  Cal- Am’s reasons for its decision not to follow the recommendation.  D.  Categories  for  Matters  Subject  to  Governance  Committee  Action.  Matters  for  consideration, consultation, decision, or recommendation by the Governance Committee shall be divided  among the following three categories as follows:  Category A    1.  This matter concerns the “GWR Recommendation,” which specifically is whether  Cal-Am  shall:  (i)  pursue  a  water  purchase  agreement,  acceptable  to  Cal-Am,  for  the  purchase  of  water  from the GWR Project, and consequently Cal-Am shall develop smaller Desalination Infrastructure with a  capacity  of  approximately  6.4  MGD  (or  as  specified  in  the  CPCN);  or  (ii)  forgo  the  pursuit  of  a  water  purchase  agreement  for  the  GWR  Project,  and  consequently  Cal -Am  shall  develop  larger  Desalination  Infrastructure  with  a  capacity  of  approximately  9.6  MGD  (or  as  specified  in  the  CPCN).  If  the  GWR  Recommendation  becomes  ripe  for  recommendation,  as  specified  in  the  paragraph  below,  before  a  CPCN  is  issued  upon  Application  A.12-04-019,  the  Governance  Committee  shall  not  issue  any  binding  recommendation [Cal-Am to advise whether this is problematic] concerning the GWR Recommendation. If  the GWR Recommendation becomes ripe for recommendation, as specified in the paragraph below, after  a  CPCN  is  issued  upon  Application  A.12-04-019,  the  Governance  Committee  shall  decide  whether  to  recommend  that  Cal-Am  pursue  the  GWR  Project  or  not  (as  set  forth  above),  which  recommendation  shall  then  be  subject  to  CPUC  approval  or  rejection  pursuant  to  the  procedure  specified  herein.  The  Governance Committee shall make this recommendation based upon criteria to be mutually-agreed to by  the Parties, negotiating in good-faith, after the execution of this Agreement.   The GWR Recommendation shall become ripe for a recommendation to be made by the  Governance Committee  (i)  no earlier than  the date Cal-Am accepts the 30% Design from the contractor  retained for the design of the Desalination Infrastructure, (ii) no later than that date upon which Cal-Am is  prepared  to  issue  a  notice  to  proceed  to  a  contractor  to  commence  construction  of  the  Desalination  Infrastructure, (iii) after the CEQA lead agency has certified the environmental impact report for the GWR  Project and approved the GWR Project has received environmental review consistent with the provisions  of  CEQA,  and  (iv)  while  there  is  sufficient  time  for  the  GWR  Recommendation  to  be  made  and  for  the  CPUC  to  review  and  approve  that  recommendation,  without  otherwise  delaying  the  Project.  The  GWR  Recommendation  shall  be  made  by  the  Governance  Committee,  in  writing  with  an  explanation  of  the  reasons for its decision, within sixty (60) days following receipt of the Cal-Am Notification concerning this  matter. The recommendation issued by the Governance Committee shall be submitted by Cal-Am to the  CPUC  for  approval  or  rejection  pursuant  to  a  Tier  2  Advice  Letter  (or  at  the  direction  of  the  CPUC,  an  alternate  form  of  submission)  within  ten  (10)  calendar  days  following  issuance  of  the  GWR  Recommendation  by  the  Governance  Committee  for  the  CPUC’s  review  and  approval.  To  avoid  undue  delay of the Project, and notwithstanding the ripeness of the GWR Recommendation as described above,  if (i) the CEQA lead agency has not certified an impact report and approved  or (ii) the CEQA lead agency  has  certified  an  environmental  impact  report  and  approved  the  GWR  Project,  but,  (a)  the  statute  of  Formatted: Indent: First line:  1" MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 6, Packet Page 6 Redline – February 21, 2013 – Subject to Revision      6  limitations  to  challenge  that  action  has  not  lapsed,  or  (b)  the  CEQA  lead  agency  has  not  resolved  any  litigation  challenging  the  adequacy  of  the  environmental  impact  report  or  the  process  of  adopting  that  report, consistent with the provisions of CEQA, is not projected to be completed withinon the date that is  ninety (90) days  priorof to the that date upon which Cal-Am anticipates being prepared to issue a notice  to proceed to a contractor to commence construction of the Desalination Infrastructure, no public agency  has  issued  a  resolution  or  order  that  declares  that  it  is  prepared  to  issue  a  notice  to  proceed  to  a  contractor  to  commence  construction  of  the  GWR  Project,  then  Cal-Am  may  make  the  decision  with  respect to the GWR Recommendation, in its sole  discretion, Cal-Am may commence construction of the  Desalination  Infrastructure  without  soliciting  or  first  obtaining  the  GWR  Recommendation  from  the  Governance Committee.    1.2.  The  Governance  Committee  shall  select  a  Value  Engineer(s)  to  facilitate  and  report  on  the  proposed  value  engineering  for  the  Desalination  Project,  with  consideration  given  to  any  recommended engineer submitted by any member of the Governance Committee.  Cal-Am shall conduct  the procurement for the Value Engineer and, consistent with the processes set forth in Categories B(1),  B(2)  and  C(2)  relating  to  Contracts,  seek  recommendations  from  the  Governance  Committee  for  the  contract  between  Cal-Am  and  the  Value  Engineer.    After  reviewing  the  results  of  the  procurement  process,  the  Governance  Committee  shall  decide  which  engineer  is  to  be  retained  by  Cal-Am  as  the  Value  Engineer  for  the  Desalination  Project.    [Cal-Am  to  suggest  language  re  procurement  process  for  retention  on  the  Value  Engineer]  This  matter  shall  be  ripe  for  decision  before  Cal-Am  accepts  the  30%  Design  from  the  design-build  contractor  retained  for  the  design  of  the  Desalination  Infrastructure,  or  at  any other time that Cal-Am intends to retain a Value Engineer for any other infrastructure constructed as  a component of the Desalination Project.  2.3.  Subsequent to the issuance of the CPCN and subsequent to the selection of any  design-build  contractor(s)  for  the  Desalination  Infrastructure,  the  Governance  Committee  may  issue  decisions  concerning  the  Desalination  Infrastructure’s  architectural  renderings  for  the  Desalination  Project.  The  Governance  Committee  shall  be  presented  with  architectural  renderings  for  decisions  regarding  the  same  when  such  architectural  renderings  are  complete  and  upon  any  subsequent  modifications thereto. The Governance Committee may also, in its discretion, appoint a representative to  consult  with  Cal-Am  regarding  other  external  features  or  aesthetics  of  the  Desalination  Project.  Upon  a  determination  of  the  Governance  Committee  or  its  representative,  the  Governance  Committee’s  representative  and  Cal-Am  shall  present  to  the  Governance  Committee  options  pertaining  to  the  Desalination Project’s external feature or aesthetics, upon which the Governance Committee may decide  which option to pursue. Notwithstanding any provision of this paragraph, the Governance Committee may  not  issue a  binding  decision  concerning  the  Desalination  Infrastructure’s  architectural  renderings,  or  t he  Desalination Project’s external  features or  aesthetics,  if  the decision would  in  the  opinion of  the design- build contractor, increase the capital or operational cost of the Desalination Infrastructure.  3.4.  Subsequent to the issuance of the CPCN and subsequent to the selection of the  design-build  contractor  for  the  Desalination  Infrastructure,  the  Governance  Committee  may  issue  decisions concerning procurement of additionalalternative (non-Pacific Gas & Electric) energy supplies for  the  Desalination  Infrastructure,  including  but  not  limited  to  waste-to-energy,  so  long  as  such  decisions  result in lowering the Desalination Infrastructure’s estimated unit price for power. This matter shall be ripe  for  decision  at  any  time  a  formal  written  proposal  concerning  alternative  power  is  presented  by  one  or  more of the Parties for consideration.  Category B     1.  Prior  to  the  issuance  of  a  request  for  qualifications,  request  for  proposals,  or  request for bids, as applicable, relating to the procurement of a Contract, the Governance Committee may  recommend qualifications and selection criteria for such Contract.  2.  Prior to the execution of any Contract not executed on or before the date that is  thirty  (30)  calendar  days  after  the  effective  date  of  this  Agreement,  and  upon  presentation  and  recommendation  by  Cal-Am  to  the  Governance  Committee  after  Cal-Am  has  reviewed  and  evaluated  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 7, Packet Page 7 Redline – February 21, 2013 – Subject to Revision      7  proposals or bids, as applicable, and negotiated with the contractor a Contract that, in the opinion of Cal - Am, is ready for execution by and between Cal-Am and the contractor, the Governance Committee may  recommend  which  contractor  should  be  retained  under  the  Contract,  and  issue  any  recommendations  concerning the terms of the final Contract. When presenting a Contract to the Governance Committee for  its consideration and recommendation, Cal-Am shall provide to the Governance Committee a copy of all  responsive  proposals  or  bids  received  for  the  pertinent  work,  except  for  any  proprietary  information  provided by contractors submitting responsive proposals or bids, together with a written description of the  process  Cal-Am  undertook  to  select  a  recommended  Contractor,  a  summary  of  the  considerations  that  Cal-Am deems pertinent to support its recommendation, and any other information that Cal -Am believes  will assist the Governance Committee in its review of the recommended Contract and contractor.   3.  The Governance Committee may review and issue recommendations concerning  major changes to the Desalination Project at key stages of the design process, including:    Basis of Design    30% Design    60% Design  Value Engineering    90% Design, and    Final Design   As  used  in  this  paragraph,  major  changes  to  the  Project  shall  include  changes  having  an  increase  or  decrease in costs of the Desalination Project that exceed $1 million.  4.  The  Governance  Committee  may  issue  recommendations  concerning  the  establishment of a community outreach program.  5.  The  Governance  Committee  may  recommend  the  Desalination  Project’s  aesthetic attributes and design consistent with community values if not covered by Category A(3) above;  6.  The  Governance  Committee  may  coordinate  with  Cal-Am  and  recommend  solutions to issues concerning the use of the Brine Discharge Infrastructure;   7.  The  Governance  Committee may  review  and  recommend  whether  to  adopt  any  value engineering recommendations issued by the Value Engineer;   8.  The  Governance  Committee  may  review  and  recommend  whether  to  approve  any change order pertaining to any component or components of the Desalination Project, if the change  order exceeds $1 million.   Category C    1.  Cal-Am  shall  monitor  the  design,  engineering,  and  permitting  of  all  elements  of  the  Desalination  Project,  and  report  on  such  monitoring  to  the  Governance  Committee  as  described  in  Section VI. The Governance Committee shall discuss Cal-Am’s report and may issue recommendations  to Cal-Am pertaining to the Desalination Project;  2.  Prior  to  Cal-Am’s  commencement  of  negotiations  with  a  selected  contractor  relating  to  a  Contract,  the  Governance  Committee  may  review  and  issue  recommendations  concerning  contract terms relating to such Contract;  3.  The Governance Committee may review and issue recommendations concerning  the preparation and quarterly update of an overall construction budget for the Desalination Project;  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 8, Packet Page 8 Redline – February 21, 2013 – Subject to Revision      8  4.  The Governance Committee may review and issue recommendations concerning  a plan for acceptance testing, including follow-up reporting, for the Desalination Project;  5.  The  Governance  Committee  may  annually  review  and  issue  recommendations  concerning the Desalination Project operations and maintenance budget and rate impacts;  6.   The Governance Committee may review and issue recommendations to Cal-Am  with respect to local and regional permit requirements; and  7.  The Governance Committee may review and issue recommendations concerning  the  preparation  of  quarterly  progress  reports  during  major  design  milestones  (i.e.,  30%  design,  60%  design, 90% design, and final design) and information on any material challenges to the Project design.   E.  Additional  Matters.  If  agreed  unanimously  by  all  members  of  the  Governance  Committee, including Cal-Am, additional matters not provided for herein may be added to Category A for  decision  or  recommendation  by  the  Governance  Committee  or  to  Category  B  for  recommendation  from  the  Governance  Committee.  Additional  matters  may  also  be  added  to  Category  C  for  recommendation  from  the  Governance  Committee  upon  affirmative  vote  of  the  Governance  Committee  unless  Cal -Am  determines  that  the  addition  of  the  matter  to  Category  C  would  unreasonably  delay  the  Project  or  otherwise compromise the public interest. If Cal-Am determines that a matter affirmed by the Governance  Committee for addition to Category C should not be so added, Cal -Am shall issue a written explanation to  the Governance Committee within ten (10) calendar days following the Governance Commit tee’s vote to  add the matter to Category C that explains the reasons supporting Cal-Am’s determination.  VI.  Meetings and Action of the Governance Committee; Agendas and Minutes  A.Meetings. Governance Committee meetings shall be conducted in compliance with the  Ralph M. Brown Act (Government Code sections 54950, et seq.). The first meeting of the Governance  Committee shall be scheduled by the primary representative of the MPWMD, and that representative  shall preside over the first meeting at which a Chair and Vice-Chair shall be selected. Thereafter, the  Chair, or in his or her absence, the Vice-Chair, shall schedule and preside over all meetings of the  Governance Committee.  During the pre-construction and construction phases of the Desalination  Project, regular meetings of the Governance Committee shall be scheduled by the Chair, or in his or  her absence, the Vice-Chair, and held on a monthly basis. During the operational phase of the  Desalination Project, regular meetings of the Governance Committee shall be scheduled by the Chair,  or in his or her absence, the Vice-Chair, and held on a quarterly basis for the first two years of the  Desalination Project’s operation and semi-annually thereafter. Special meetings of the Governance  Committee, including for purposes of responding to a Cal-Am Notification, may be called by the Chair,  or in his or her absence, the Vice-Chair, or by any member of the Governance Committee upon  request of the Chair, or in his or her absence, the Vice-Chair.The first meeting of the Governance  Committee shall be scheduled by the primary representative of the MPWMD, and that representative  shall preside over the first meeting at which a Chair and Vice-Chair shall be selected. Thereafter, the  Chair, or in his or her absence, the Vice-Chair, shall schedule and preside over all meetings of the  Governance Committee.  During the pre-construction and construction phases of the Desalination  Project, regular meetings of the Governance Committee shall be scheduled by the Chair, or in his or  her absence, the Vice-Chair, upon reasonable advance notice, and held on a monthly basis. During the  operational phase of the Desalination Project, regular meetings of the Governance Committee shall be  scheduled by the Chair, or in his or her absence, the Vice-Chair, upon reasonable advance notice, and  held on a quarterly basis for the first two years of the Desalination Project’s operation and semi - annually thereafter. By unanimous agreement of the Parties, any regular meeting may be canceled.  Special meetings of the Governance Committee, including for purposes of responding to a Cal-Am  Notification, may be called by the Chair, or in his or her absence, the Vice-Chair, or by any member of  the Governance Committee upon request of the Chair, or in his or her absence, the Vice-Chair.  Meetings of the Governance Committee shall be held at the office of the MPWMD or other location  agreed to by the Parties. Governance Committee meetings shall be conducted in compliance with the  Ralph M. Brown Act (Government Code sections 54950, et seq.). The Board may use teleconferencing  Formatted: Left, Outline numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:  0.67" + Tab after:  1.17" + Indent at:  0.17" MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 9, Packet Page 9 Redline – February 21, 2013 – Subject to Revision      9  in connection with any meeting in conformance with and to the extent authorized by applicable law.  The Governance Committee may adjourn to closed session for purposes authorized by the Brown Act.  The following shall be the order of business of all meetings of the Governance Committee:  1.Call to Order  2.Roll Call  3.Pledge of Allegiance  4.Public Comment  5.Report from Governance Committee Members  6.Approval of Minutes of the Previous Meeting   7.Project Status Report by Cal-Am  8.Agenda Items  9.A.  Adjournment  A.B.  Action  by  the  Governance  Committee.  All  decisions  and  recommendations  of  the  Governance Committee  issued to Cal-Am shall be in writing, signed by the Chair or Vice-Chair. All other  actions of the Governance Committee shall be by motion recorded in written minutes.  B.C.  Agendas,  Correspondence,  and  Minutes.  Agendas,  correspondence,  and  minutes  of  the meetings of the Governance Committee shall be taken, maintained, and distributed by a designated  staff member of the MPWMD.  VII.  Quorum and Affirmative Action of the Governance Committee  To constitute a quorum at all meetings of the Governance Committee for the transaction of business,  the  primary  or  alternate  elected  official  representative  of  all  three  at  least  three  of  the  PartiesPublic  Entity  Members  of  the  Governance  Committee    must  be  present,  in  person.  Action  by  the  Governance  Committee  shall  require  the  affirmative  vote  of  at  least  two  of  the  three  Public  Entity  Members  of  the  Governance Committee.  VIII.  Submission of Project Information to the Governance Committee; Project Inspections  Concurrent  with  Cal-Am’s  submission  of  any  documents  concerning  the  Project  to  the  CPUC,  Cal -Am  shall  provide  a  copy  of  the  documents  (in  paper  or  electronic  form)  to  the  Chair  of  the  Governance  Committee.  The  Chair  may  notice  a  meeting  on  his  or  her  own  initiative,  or  upon  the  request  of  any  member of the Governance Committee to review any financial matter addressed by the documents. Cal - Am, upon request of the Chair of the Governance Committee, shall be afforded an opportunity to provide  a  presentation  or  any  oral  explanation  relating  to  the  noticed  financial matter.  Further,  upon  reasonable  advanced,  written  notice  and  subject  to  safety  and  security  concerns  and  precautions  as  determined  in  good faith by Cal-Am, any member(s) of the Governance Committee may inspect any physical facility or  structure  constructed  or  being  constructed  as  an  element  of  the  Desalination  Project,  and  Cal -Am  shall  provide  an  employee,  consultant,  or  other  representative,  who  is  knowledgeable  of  the  aspects  and  elements of the physical facility or structure, to accompany the member(s) of the Governance Committee  during the inspection.    IX.  Term and Termination of Agreement  Formatted: Outline_L2, Left Formatted: Bullets and Numbering Comment [rmm1]: Note:  I used three of the  parties rather than two public and Cal-Am  because it would not be proper to exclude a  quorum if 3 publics show but Cal-Am does not  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 10, Packet Page 10 Redline – February 21, 2013 – Subject to Revision      10  This  Agreement  shall  continue  in  effect  until  the  earlier  of  (1)  the  date  that  is  forty  (40)  years  after  the  effective date of this Agreement (February 19__, 2053), or (2) the date that Cal-Am ceases to operate the  Desalination Project, the earlier such date to be known as the “Expiration Date”.  Further, this Agreement  may  be  terminated,  prior  to  the Expiration  Date, as  follows:  (1)  by  Cal-Am,  following  the  issuance of an  order  from  the  CPUC  ordering  Cal-Am  not  to  participate  in  this  Agreement,  as  provided  for  in  Section  I  above;  (2)  by  Cal-Am,  if  the  CPUC  denies  or  rescinds  Application  A.12-04-019  or  denies  Cal-Am’s  development of, or subsequently  rescinds Cal-Am’s authority to develop, the Desalination Project  within  the CPUC’s issuance of a CPCN upon Application A.12-04-019; or (3) by the written agreement of no less  than three of the four members of the Governance Committee. If, on August  __13, 2052, the Desalination  Project  is  still  being  operated  by  Cal-Am,  the  Parties  shall,  within  thirty  days  thereafter,  meet  and  commence  negotiations  in  good  faith  to  seek  a  renewal  of  this  Agreement,  upon  mutually  acceptable  terms,  to  provide  continued  public  oversight  and  input  concerning  the  operation,  maintenance,  repair,  modification, and/or replacement of the Desalination Project after the Expiration Date. If this Agreement is  terminated by Cal-Am as a result of a CPUC order denying or rescinding Application A.12-04-019 or Cal- Am’s authority to develop the Desalination Project, but Cal-Am intends to seek CPUC approval to develop  a  substitute  project  to  provide  water  supplies  for  its  Monterey  District,  then  the  Parties  shall  meet  and  negotiate in good faith to seek agreement, upon mutually acceptable terms, for a substitute agreement to  provide  public  oversight  and  input  concerning  the  design,  permitting,  construction,  operation,  maintenance, repair, modification, and/or replacement of such substitute project.  X.  Miscellaneous  A.  Further  Assurances.  The  Parties  shall  execute  such  further  documents  and  do  any  and all such further things as may be necessary to implement and carry out the intent of this Agreement.   B.  Construction.  The  provisions  of  this  Agreement  shall  be  liberally  construed  to  effectuate its purposes. The language of this Agreement shall be construed simply according to its plain  meaning  and  shall  not  be  construed  for  or  against  any  Party,  as  each  Party  has  participated  in  the  drafting of this Agreement and had the opportunity to have their counsel review it.  C.  Choice of Law. This Agreement shall be governed and construed under the laws of the  State of California, with venue proper only in Monterey County.   D.  Severability.  If  any  term  or  provision  of  this  Agreement  is  determined  to  be  illegal,  unenforceable,  or  invalid  in  whole  or  in  part  for  any  reason,  such  illegal,  unenforceable,  or  invalid  provision  or  part  thereof,  shall  be  stricken  from  this  Agreement,  and  such  provision  shall  not  affect  the  legality,  enforceability,  or  validity  of  the  remainder  of  this  Agreement.  If  any  provision  or  part  of  this  Agreement is stricken in accordance with the provisions of this section, then the stri cken provision shall  be  replaced,  to  the  extent  possible and  as agreed  to  by  the  Parties,  with a  legal,  enforceable  and valid  provision that is as similar in content to the stricken provision as is legally possible.  E.  Dispute Resolution. If a dispute arises  between two or more of the Parties relating to  this Agreement, or the rights and obligations arising therefrom, and if the Parties in dispute are unable to  resolve  the  controversy  through  informal  means,  the  Parties  in  dispute  may,  upon  mutual  agreement,  submit the dispute to mediation, upon terms mutually agreed to by the Parties in dispute. Any Party not in  dispute  as  to  the  disputed  matter  shall  be  afforded  an  opportunity  to  participate  in  the  mediation.  In  addition, if the Parties in dispute are unable  to resolve the controversy through mediation, the Parties in  dispute  may,  upon  mutual  agreement,  submit  the  dispute  to  binding  arbitration,  upon  terms  mutually  agreed  to  by  the  Parties  in  dispute.  Any  Party  not  in  dispute  as  to  the  disputed  matter  may,  upon  the  mutual agreement of the Parties in dispute, be invited to participate in any binding the arbitration.  F.  Members to Bear their Own Costs. Each Party shall bear its own costs relating to the  rights  and obligations of each  Party  arising  from this Agreement  and  its participation  in  the  Governance  Committee and, therefore, no Party shall be entitled to any reimbursement from another Party as a result  of any provision of this Agreement.  Formatted: Highlight MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 11, Packet Page 11 Redline – February 21, 2013 – Subject to Revision      11  G.  Notices and Communication. Any notice or communication hereunder shall be deemed  sufficient  if  given  by  one  Party  to  another  Party  or  Parties,  as  appropriate,  in  writing  and  either  (1)  delivered in person, (2) transmitted by electronic mail or facsimile and acknowledgment of receipt is made  by the receiving Party(ies), or (23) deposited in the United States mail in a sealed envelope, certified and  with  postage  and  postal  charges  prepaid,  or  (4)  delivered  by  a  nationally-recognized  overnight  delivery  courier service, and addressed as follows:  If to Cal-Am:              with a copy to:    California-American Water Company  Attn: Robert MacLean  President  1033 B Avenue, Suite 200  Coronado, CA 92118   Email: 
[email protected]    California-American Water Company  Attn: Anthony Cerasuolo  Vice President - Legal  1033 B Avenue, Suite 200  Coronado, CA 92118  Email: 
[email protected]    If to the MPRWA:              with copies to:            Monterey Peninsula Regional Water Authority  Attn: Lesley Milton  Clerk   City of Monterey  351 Madison St. Monterey, CA 93940  
[email protected]    Monterey Peninsula Regional Water Authority   Attn: Donald Freeman  General Counsel  West Side of San Carlos & 8th  P.O. Box 805San Carlos & 8th Avenue  Carmel, CA 93921  
[email protected]    Monterey Peninsula Regional Water Authority  Attn: Russell McGlothlin  Special Counsel  21 E. Carrillo St.,  Santa Barbara, CA 93101  
[email protected]      If to the MPWMD:              with a copy to:    Monterey Peninsula Water Management District  Attn: David J. Stoldt  General Manager  5 Harris Court – Bldg G  Monterey, CA 93940  Email: 
[email protected]    Monterey Peninsula Water Management District  Attn: David C. Laredo  General Counsel  5 Harris Court – Bldg G  Monterey, CA 93940  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 12, Packet Page 12 Redline – February 21, 2013 – Subject to Revision      12  
[email protected]        If to the County:              with a copy to:  County of Monterey Board of Supervisors  C/O Clerk of the Board of Supervisors  168 West Alisal Street  1 st  Floor  Salinas, CA, 93901  
[email protected]    Monterey County Counsel  Attn: Charles J. McKee  168 West Alisal Street  3 rd  Floor  Salinas, CA 93901  
[email protected]      or to such other address or to such other person as each Party shall have last designated for  receipt of notices pursuant to this Agreement. Where this Agreement provides for written notices or  communication from Cal-Am to the Governance Committee, such written notice, explanation, or  communication shall be directed to the Chair of the Governance Committee at the address set forth  above for notices to the public entity from which the Chair is appointed, and when provided shall be  deemed provided to all Public Entity Members of the Governance Committee. The effective date of any  written notice, explanation, or communication shall be the earlier of the date of actual receipt,  acknowledgment of receipt, or three days following deposit in the United States mail.   H.  Successors and Assigns.  This Agreement shall be binding on and shall inure to the  benefit of the Parties and their respective legal representatives, successors, and assigns.   H.I.  No Third Party Rights.  Nothing in this Agreement, whether express or implied, is  intended to confer any rights or remedies under or by reason of this Agreement on any persons other  than the Parties to this Agreement and their respective successors and assigns, nor shall any provision  in this Agreement give any third persons any right of subrogation or action over or against any Party to  this Agreement.  I.J.  Effective Date. This Agreement shall take effect on date first stated above.  IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above.    [signature page follows]  Formatted: Outline numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:  0.67" + Tab after:  1.17" + Indent at:  0.17" Formatted: Bullets and Numbering MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 13, Packet Page 13 Redline – February 21, 2013 – Subject to Revision      13      California-American Water Company      By:_______________________________       Robert MacLean,       President        Monterey Peninsula Regional Water Authority      By:_______________________________       Chuck Della Sala       President      Agreed as to form:      By:_______________________________       Donald Freeman       General Counsel        Monterey Peninsula Water Management District      By:_______________________________       David Pendergrass       Chair      Agreed as to form:      By:_______________________________       David Laredo       General Counsel        County of Monterey      By:_______________________________       Fernando Armenta       Chair of the Board of Supervisors      Agreed as to form:      By:_______________________________       Charles McKee       County Counsel      MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 14, Packet Page 14 Redline – February 21, 2013 – Subject to Revision      1  AGREEMENT TO FORM THE  MONTEREY PENINSULA WATER SUPPLY PROJECT GOVERNANCE COMMITTEE    This  AGREEMENT  TO  FORM  THE  MONTEREY  PENINSULA  WATER  SUPPLY  PROJECT  GOVERNANCE COMMITTEE (“Agreement”) is made and entered into as of February __, 2013, by and  among  the  MONTEREY  PENINSULA  REGIONAL  WATER  AUTHORITY  (“MPRWA”),  the  MONTEREY  PENINSULA  WATER  MANAGEMENT  DISTRICT  (“MPWMD”),  the  COUNTY  OF  MONTEREY  (“County”),  and  the  CALIFORNIA-AMERICAN  WATER  COMPANY  (“Cal-Am”).  The  MPRWA,  the  MPWMD,  the  County,  and  Cal-Am  are  sometimes  referred  to  individually  herein  as  a  “Party,”  and  collectively as the “Parties.”  I.  Formation of Governance Committee  Pursuant to the terms of this Agreement, the Parties  hereby form the Monterey  Peninsula Water Supply  Project  Governance  Committee  (“Governance  Committee”)  comprised  of  representatives  of  the  MPRWA,  the  MPWMD,  the  County,  and  Cal-Am  to  ensure  efficient  and  effective  public  input  into  the  development  and  operation  of  the  Monterey  Peninsula Water  Supply  Project  (“Project”).  Cal-Am’s  entry  into  this  Agreement  is  expressly  conditioned  upon  its  legal  obligations  to  abide  by  the  orders  and  decisions of the California Public Utilities Commission (“CPUC”). Therefore, should the CPUC order Cal- Am  not  to  participate  in  this  Agreement,  Cal-Am  shall  be  relieved  of  all  obligations  set  forth  in  this  Agreement  and  this  Agreement  may  be  terminated  by  Cal-Am  upon  such  CPUC  order.  Further,  if  the  CPUC issues any order or decision that conflicts with any particular provision of this Agreement, Cal-Am  shall be relieved of any and all obligations to abide by the conflicting provision of this Agreement.   II.  Definitions   A.  Application A.12-04-019. Application of California-American Water Company (U210W)  for  Approval  of  the  Monterey  Peninsula  Water  Supply  Project  and  Authorization  to  Recover  All  Present  and Future Costs in Rates, filed with the CPUC on or about April 23, 2012.  B.  ASR Infrastructure. The facilities used to inject into and extract potable water from the  Seaside  Groundwater  Basin,  as  described  in  Application  A.12-04-019.  These  facilities  will  include  the  Aquifer  Storage  and  Recovery  (“ASR”)  wells  and  related  appurtenances,  the  backflush  pipeline,  the  recirculation pipeline and the ASR pipeline.  C.  Brine Discharge Infrastructure. Facilities located outside the desalination plant site that  are  used  to  dispose  of  brine  into  the  ocean.  These  facilities  will  include  the  brine  disposal  pipeline,  the  brine  receiving  station,  any  modification  to  the  MRWPCA  existing  outfall,  or  a  new  outfall,  or  potentially  the use of other existing outfalls with or without modifications.  D.  Cal-Am  Notification.  The  written  notification  from  Cal-Am  to  the  Chair  of  the  Governance  Committee  that  a  matter  is  ready  for  consideration,  consultation,  or  action  by  the  Governance Committee as provided herein, and as further defined within Section V.B.  E.  CEQA.  The California Environmental Quality Act.  F.  Contracts.  One  or  more  of  the  contracts  between  Cal-Am  and  a  selected  contractor,  valued in excess of $1 million, relating to the design and/or construction of the following facilities: (1) the  Desalination  Infrastructure,  (2)  the  Source  Water  Infrastructure,  (3)  the  Brine  Discharge  Infrastructure  contracted  for  by  Cal-Am,  (4)  the  Product  Water  Pipeline,  (5)  the  Raw  Water  Pipeline;  (6)  the  ASR  Infrastructure,  and  (7)  the  Terminal  Reservoir  Infrastructure.  Contracts  for  one  or  more  of  the  facilities  identified  above  in  this  definition  may  be  combined  into  a  single  contract.    In  addition,  the  design  and  construction of a single facility identified above in this definition may be combined into a single contract.  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 15, Packet Page 15 Redline – February 21, 2013 – Subject to Revision      2  G.  CPCN. The Certificate of Public Convenience and Necessity, if ordered by the CPUC,  within Application A.12-04-019.  H.  Desalination Infrastructure. Facilities located  within  the desalination  plant site that are  used to create potable water from either an ocean source water, brackish source water or a combination  thereof,  and  appurtenant  facilities  needed  to  dispose  of  brine  to  the  Brine  Discharge  Infrastructure,  dispose of wastewater (i.e. process water and sanitary discharge), and any needed facilities that may be  required to prevent export of native Salinas River Groundwater Basin water.  I.  Desalination  Project.  The  combination  of  the  Desalination  Infrastructure,  the  Brine  Discharge  Infrastructure,  the  Source  Water  Infrastructure,  the  Product  Water  Pipeline,  the  Raw  Water  Pipeline, and the Terminal Reservoir Infrastructure.  J.  GWR  Project.  Groundwater  replenishment  project  to  be  implemented  by  MRWPCA  and/or  MPWMD  which  involves  advanced  treatment  of  wastewater  and  the  injection  of  product  replenishment water into the Seaside Groundwater Basin. This project includes facilities for the treatment,  conveyance, and injection of the product replenishment water.  K.  MRWPCA. The Monterey Regional Water Pollution Control Agency.  L.  Product Water Pipeline. Facilities used to convey  potable  water from the Desalination  Infrastructure to the Terminal Reservoir Infrastructure and to Cal-Am’s existing distribution system at the  Eardley Pump Station.  M.  Project.  The  Monterey  Peninsula  Water  Supply  Project  as  proposed  in  Application  A.12-04-019, and as it may be modified by the CPCN issued in response to that Application.  N.  Public  Entity  Members  of  the  Governance  Committee.  The  MPRWA,  the  MPWMD,  and the County. Cal-Am is not a Public Entity Member of the Governance Committee.  O.  Raw  Water  Pipeline.  Facilities  used  to  convey  feedwater  (i.e.,  raw  water)  from  the  Source Water Infrastructure to the Desalination Infrastructure.  P.  Source Water Infrastructure. Wells and appurtenant facilities (or alternative contingent  intake facilities) that are used to extract and convey feedwater (i.e., raw water) to the Raw Water Pipeline.  These  facilities  will  include  the  slant  intake  wells  and  related  appurtenances  (if  permitted)  as  well  as  alternate contingent  intakes such as a Ranney Well or open  ocean intake as submitted by  Cal-Am in its  contingency plans.   Q.  Terminal  Reservoir  Infrastructure.  Facilities  used  to  pump  and  store  potable  water  in  storage tanks east of the City of Seaside along General Jim Moore Boulevard. These facilities will include  the  terminal  reservoir,  terminal  reservoir  pump  station,  overflow  facilities  and  related  appurtenance  needed  to  assist  in  the  moving  of  water  to  and  from  the  ASR  Infrastructure,  other  ASR  facilities,  and  Product Water Pipeline.  R.  Value Engineer. The professional engineer(s) to be retained by, or to consult with, Cal- Am to perform a value engineering analysis for the Desalination  Project to potentially  lower the costs of,  or  maximize  the  value  of,  the  Desalination  Project  to  Cal-Am’s  ratepayers,  including  matters  concerning  the cost effectiveness, performance, reliability, quality, safety, durability, effectiveness, or other desirable  characteristics of the Desalination Project.  The  Parties  acknowledge  that  the  Project  is  still  under  development  and  several  aspects  of  the  Project  may  be  modified  as  planning  continues  and  as  may  be  ordered  by  the  CPUC.  If  necessary  to  address  future  modifications  to  the  Project,  the  Parties  agree  to  cooperate  in  good  faith  to  reach  agreement  to  amend the definitions set forth herein as necessary to fulfill the purpose of this Agreement.  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 16, Packet Page 16 Redline – February 21, 2013 – Subject to Revision      3  III.  Membership and Voting  Each  of  the  Public  Entity  Members  of  the  Governance  Committee  shall  be  represented  on  the  Governance  Committee  by  one  elected  official  of  such  entity  and  one  alternate  who  shall  also  be  an  elected official. No individual person may be appointed as the primary or alternate representative of more  than one Party. If MPRWA ceases to exists, then the cities that are members of the MPRWA at the time  of the MPRWA’s termination shall collectively choose a “city representative” that will take the place of the  MPRWA representative on the Governance Committee. Cal Am shall be represented by the President of  Cal-Am  or  the  President’s  alternate,  whom  the  President  may  designate  to  act  on  his  or  her  behalf  at  anytime.  The  Governance  Committee  shall  appoint  a  “Chair”  and  “Vice-Chair”  from  the  primary  (non- alternate) elected officials appointed to the Governance Committee. Each of the Public Entity Members of  the  Governance  Committee  shall  have  a  single  equal  vote  in  decision-making.  Cal-Am  shall  not  have  a  vote  for  purposes  of  the  issuance  of  decisions  or  recommendations  by  the  Governance  Committee.  However, Cal-Am shall, unless it abstains from doing so, state its preference with respect to any decision  or recommendation made by the Governance Committee (the “Cal-Am Preference”) at the time that any  decision or recommendation is made by the Governance Committee and the Cal-Am Preference shall be  recorded within the meeting minutes together with a summary of any explanation provided by Cal-Am for  the Cal-Am Preference.    IV.  Powers  A.  Purpose.  The  purpose  and  function  of  the  Governance  Committee  shall  be  to:  (i)  consult  with,  advise  and,  in  some  circumstances,  provide  direction  to,  Cal-Am  concerning  the  design,  permitting,  construction,  operations,  maintenance,  repairs,  and  replacements  of  the  components  of  the  Desalination  Project;  and  (ii)  serve  as  the  entity  which  Cal-Am  regularly  updates  as  to  Desalination  Project  status  and  issues.  The  members  of  the  Governance  Committee  shall  diligently  consider  all  matters  and  cause  the  Governance  Committee  to  timely  and  promptly  issue  decisions  or  recommendations brought before it as provided pursuant to the terms of this Agreement.  B.  Waiver  of  Action.  Upon  motion  and  affirmative  vote  of  the  Governance  Committee  (pursuant to Section VII of this Agreement), the Governance Committee may choose to waive its right to  issue  a  decision  or  recommendation  with  respect  to  any  matter  for  which  the  Governance  Committee  is  afforded  such  right  herein.  The  purpose  of  the  Governance  Committee’s  right  to  waive  its  right  to  make  any  specified  decision  or  recommendation  herein  is  to  empower  the  Governance  Committee  to  avoid  issuing any decision or recommendation, which, in its determination, would violate any law, unreasonably  delay  efforts  to  develop  water  supplies  for  the  Monterey  Peninsula,  or  otherwise  compromise  the  public  interest.  V.  Governance Committee Action; Procedures  A.  Matters  Subject  to  Governance  Committee  Action.  Matters  for  consideration,  consultation,  decision,  or  recommendation  by  the  Governance  Committee  shall  be  divided  among  three  categories,  with  varying  processes  for  consultation,  recommendations,  and/or  decision-making,  as  follows:    Category  A:  The  Governance  Committee  makes  the  decision  or  recommendation  respecting the matter after receipt of a written recommendation from Cal-Am, and upon issuance  of its decision or recommendation, the Governance Committee provides a  written explanation of  the  reasons  for  its  decision  to  Cal-Am  within  seven  (7)  calendar  days  following  its  decision  or  recommendation. Thereafter, Cal-Am will comply with the decision or recommendation issued by  the  Governance  Committee  so  long  as  the  decision  or  recommendation  is  consistent  with  the  terms  of  this  Agreement.  However,  notwithstanding  any  provision  of  this  Agreement,  for  any  matter covered by Category  A that relates to an action which may cause either a direct physical  change  in  the  environment,  or  a  reasonably  foreseeable  indirect  physical  change  in  the  environment,  as  defined  by  section  21065  of  the  California  Public  Resources  Code,  no  decision  or recommendation shall be made by the Governance Committee as to the subject matter unless  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 17, Packet Page 17 Redline – February 21, 2013 – Subject to Revision      4  and  until  such  time  as  the  action  has  been  subject  to  review  by  an  appropriate  agency  in  accordance  with  CEQA.  The  foregoing  provision  shall  not  be  construed  as  an  agreement  or  determination by or among any of the Parties that CEQA applies to any action of the Governance  Committee.  This  Agreement  is  itself  not  a  “project”  as  defined  by  section  15378  of  the  CEQA  Guidelines  (California  Code  of  Regulations,  Title  14,  Chapter  3)  because  it  is  an  organizational  activity  that  will  not  result  in  direct  or  indirect  physical  changes  in  the  environment  and  this  Agreement makes no commitment to any project.  Category B: The Governance Committee makes a recommendation respecting the matter  after  receipt  of  a  written  recommendation  from  Cal-Am.  However,  Cal-Am  may  determine,  at  its  sole discretion, whether or not to follow the Governance Committee’s recommendation, provided  that  if  Cal-Am  chooses  not  to  follow  the  recommendation,  Cal-Am  shall  provide  a  written  explanation of Cal-Am’s reasons for its decision not to follow the recommendation within ten (10)  calendar  days  following  the  issuance  of  the  Governance  Committee’s  recommendation.  Further,  should Cal-Am choose not to follow the recommendation of the Governance Committee, then any  Party may raise the issue for review by the CPUC during Cal-Am’s next general rate case.    Category  C:  Cal-Am  makes  the  decision  respecting  the  matter  after  receiving  a  recommendation  from  the Governance  Committee.  Cal-Am  need  not  issue  a  written  explanation  for  its  decision,  although  should  Cal-Am  choose  not  to  follow  the  recommendation  of  the  Governance Committee, then any Party may raise the issue for review by the CPUC during Cal- Am’s next general rate case.    B.  Procedure  for  Cal-Am  Notification.  Whenever  Cal-Am  is  presented  with,  or  becomes  aware  of,  a  matter  that  falls  within  any  of  the  subjects  identified  herein  for  consideration,  consultation,  decision  or  recommendation  by  the  Governance  Committee  that  is  ripe  for  presentation  to  the  Governance Committee, Cal-Am shall, in writing, promptly notify the Chair of the Governance Committee  (“Cal-Am  Notification”),  who  shall  schedule  the  matter  for  consideration  by  the  Governance  Committee.  For  purposes  of  this  Agreement,  a  matter  shall  be  deemed  ripe  for  presentation  to  the  Governance  Committee at such time as either specified within the matters set forth below, or for any matter for which  no  specification  is  provided,  Cal-Am  shall  determine  the  time(s)  at  which  the  matter  is  appropriate  for  presentation for consultation, decision, or recommendation by the Governance Committee consistent with  the  purpose  of  this  Agreement.  Unless  a  different  period  is  specified  herein,  for  all  matters  for  which  a  decision  or  recommendation  is  to  be  made  by  the  Governance  Committee,  the  Governance  Committee  shall issue its  decision  or recommendation  within ten  (10) calendar days following receipt  of the Cal-Am  Notification.  If  the  Public  Entity  Members  of  the  Governance  Committee  determine  that  the  Governance  Committee  requires  more  than  the  prescribed  time  period  provided  for  in  this  Agreement  to  act  on  any  matter that is the subject of the Cal-Am Notification, the Chair of the Governance Committee may, within  seven  (7)  calendar  days  following  receipt  of  the  Cal-Am  Notification,  request  a  reasonable  extension  of  time  by  written  request  to  Cal-Am,  and  Cal-Am  and  the  Public  Entity  Members  of  the  Governance  Committee  shall  cooperate  in  good  faith  to  agree  upon  and  set  a  reasonable  alternative  deadline  for  action  on  the  subject  matter  to  the  extent  that  such  an  extension  would  not  unreasonably  delay  the  Project,  not  unreasonably  delay  required  CPUC  filings  by  Cal-Am,  or  otherwise  compromise  the  public  interest. So as to avoid undue delay, if the Governance Committee fails to make any decision or provide  any recommendation upon any matter brought before it (including all Category A decisions) on or before  the  expiration  of  the  prescribed  period  for  action  by  the  Governance  Committee  (or  the  period  of  any  extension agreed to by Cal-Am), or if the Governance Committee affirmatively waives its right to make a  decision  or  recommendation  respecting  a  matter  before  it,  then  Cal-Am  may  make  the  subject  decision  without a decision or recommendation, as applicable, by the Governance Committee.  C.  Cal-Am  Status  Presentations  and  Governance  Committee  Recommendations  Thereon. At  each meeting  of the Governance Committee, Cal-Am shall provide  a report as to the status  of  the  Project,  which  shall  be  presented  by  one  or  more  individuals  knowledgeable  about  the  material  aspects of the Project. Upon reasonable advance written notice, the Governance Committee may request  that Cal-Am include within its status presentation to the Governance Committee the status of any matter  that  is  set  forth  in  any  of  the  three  categories  for  decision,  recommendation,  or  consultation  established  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 18, Packet Page 18 Redline – February 21, 2013 – Subject to Revision      5  below,  together  with  an  explanation  of  any  pending  or  soon-to-be-pending  decisions  or  options  concerning  the  subject  matter.  The  Governance  Committee  may  issue,  in  writing,  any  recommendation  concerning  a  subject  matter  included  within  Cal-Am’s  presentation.  Cal-Am  may  determine,  at  its  sole  discretion, whether or not to follow the recommendation, provided that if Cal-Am chooses not to follow the  recommendation and the subject matter is a matter covered by either Category A or Category B, Cal-Am  shall, within ten (10) calendar days following issuance of the Governance Committee’s recommendation,  provide a written explanation of the reason(s) for Cal-Am’s decision not to follow the recommendation. If  the subject matter is a matter covered by Category C or is not set forth within any of the three categories  set  forth  below,  Cal-Am  need  not  issue  a  written  explanation  of  Cal-Am’s  reasons  for  its  decision  not  to  follow the recommendation.  D.  Categories  for  Matters  Subject  to  Governance  Committee  Action.  Matters  for  consideration, consultation, decision, or recommendation by the Governance Committee shall be divided  among the following three categories as follows:  Category A    1.  This matter concerns the “GWR Recommendation,” which specifically is whether  Cal-Am  shall:  (i)  pursue  a  water  purchase  agreement,  acceptable  to  Cal-Am,  for  the  purchase  of  water  from the GWR Project, and consequently Cal-Am shall develop smaller Desalination Infrastructure with a  capacity  of  approximately  6.4  MGD  (or  as  specified  in  the  CPCN);  or  (ii)  forgo  the  pursuit  of  a  water  purchase  agreement  for  the  GWR  Project,  and  consequently  Cal-Am  shall  develop  larger  Desalination  Infrastructure  with  a  capacity  of  approximately  9.6  MGD  (or  as  specified  in  the  CPCN).  If  the  GWR  Recommendation  becomes  ripe  for  recommendation,  as  specified  in  the  paragraph  below,  before  a  CPCN  is  issued  upon  Application  A.12-04-019,  the  Governance  Committee  shall  not  issue  any  binding  recommendation concerning the GWR Recommendation. If the GWR Recommendation becomes ripe for  recommendation, as specified in the paragraph below, after a CPCN is issued upon Application A.12-04- 019,  the  Governance  Committee  shall  decide  whether  to  recommend  that  Cal-Am  pursue  the  GWR  Project  or  not  (as  set  forth  above),  which  recommendation  shall  then  be  subject  to  CPUC  approval  or  rejection  pursuant  to  the  procedure  specified  herein.  The  Governance  Committee  shall  make  this  recommendation  based  upon  criteria  to  be  mutually-agreed  to  by  the  Parties,  negotiating  in  good-faith,  after the execution of this Agreement.   The GWR Recommendation shall become ripe for a recommendation to be made by the  Governance  Committee  (i)  no  earlier  than  the  date  Cal-Am  accepts  the  30%  Design  from  the  contractor  retained for the design of the Desalination Infrastructure, (ii) no later than that date upon which Cal-Am is  prepared  to  issue  a  notice  to  proceed  to  a  contractor  to  commence  construction  of  the  Desalination  Infrastructure, (iii) after the CEQA lead agency has certified the environmental impact report for the GWR  Project  and  approved  the  GWR  Project,  and  (iv)  while  there  is  sufficient  time  for  the  GWR  Recommendation  to  be  made  and  for  the  CPUC  to  review  and  approve  that  recommendation,  without  otherwise  delaying  the  Project.  The  GWR  Recommendation  shall  be  made  by  the  Governance  Committee,  in  writing  with  an  explanation  of  the  reasons  for  its  decision,  within  sixty  (60)  days  following  receipt of the Cal-Am Notification concerning this matter. The recommendation issued by the Governance  Committee  shall  be  submitted  by  Cal-Am  to  the  CPUC  for  approval  or  rejection  pursuant  to  a  Tier  2  Advice  Letter (or at the  direction of the CPUC, an  alternate form of submission) within  ten (10) calendar  days  following  issuance  of  the  GWR  Recommendation  by  the  Governance  Committee  for  the  CPUC’s  review and approval. To avoid undue delay of the Project, and notwithstanding the ripeness of the GWR  Recommendation as described above, if on the date that is ninety (90) days prior to the date upon which  Cal-Am anticipates being prepared to issue a notice to proceed to a contractor to commence construction  of the Desalination Infrastructure, no public agency has issued a resolution or order that declares that it is  prepared to issue a notice to proceed to a contractor to commence construction of the GWR Project, then  Cal-Am may make the decision with respect to the GWR Recommendation, in its sole discretion, without  soliciting or obtaining the GWR Recommendation from the Governance Committee.    2.  The  Governance  Committee  shall  select  a  Value  Engineer(s)  to  facilitate  and  report  on  the  proposed  value  engineering  for  the  Desalination  Project,  with  consideration  given  to  any  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 19, Packet Page 19 Redline – February 21, 2013 – Subject to Revision      6  recommended engineer submitted by any member of the Governance Committee.  Cal-Am shall conduct  the  procurement  for  the  Value  Engineer  and,  consistent  with  the  processes  set  forth  in  Categories  B(1),  B(2)  and  C(2)  relating  to  Contracts,  seek  recommendations  from  the  Governance  Committee  for  the  contract  between  Cal-Am  and  the  Value  Engineer.    After  reviewing  the  results  of  the  procurement  process,  the  Governance  Committee  shall  decide  which  engineer  is  to  be  retained  by  Cal-Am  as  the  Value Engineer for the Desalination Project.  This matter shall be ripe for decision before Cal-Am accepts  the  30%  Design  from  the  contractor  retained  for  the  design  of  the  Desalination  Infrastructure,  or  at  any  other  time  that  Cal-Am  intends  to  retain  a  Value  Engineer  for  any  other  infrastructure  constructed  as  a  component of the Desalination Project.  3.  Subsequent to the issuance of the CPCN and subsequent to the selection of any  design-build  contractor(s)  for  the  Desalination  Infrastructure,  the  Governance  Committee  may  issue  decisions  concerning  architectural  renderings  for  the  Desalination  Project.  The  Governance  Committee  shall be presented with architectural renderings for decisions regarding the same when such architectural  renderings  are  complete  and  upon  any  subsequent  modifications  thereto.  The  Governance  Committee  may  also,  in  its  discretion,  appoint  a  representative  to  consult  with  Cal-Am  regarding  other  external  features or aesthetics of the Desalination Project. Upon a determination of the Governance Committee or  its  representative,  the  Governance  Committee’s  representative  and  Cal-Am  shall  present  to  the  Governance  Committee  options  pertaining  to  the  Desalination  Project’s  external  feature  or  aesthetics,  upon  which  the  Governance  Committee  may  decide  which  option  to  pursue.  Notwithstanding  any  provision of this paragraph, the Governance Committee may not issue a binding decision concerning the  Desalination  Infrastructure’s  architectural  renderings,  or  the  Desalination  Project’s  external  features  or  aesthetics,  if  the  decision  would  in  the  opinion  of  the  design-build  contractor,  increase  the  capital  or  operational cost of the Desalination Infrastructure.  4.  Subsequent to the issuance of the CPCN, the Governance Committee may issue  decisions  concerning  procurement  of  alternative  (non-Pacific  Gas  &  Electric)  energy  supplies  for  the  Desalination Infrastructure, including but not  limited to waste-to-energy, so  long  as such decisions result  in  lowering  the  Desalination  Infrastructure’s  estimated  unit  price  for  power.  This  matter  shall  be  ripe  for  decision at any time a formal written proposal concerning alternative power is presented by one or more  of the Parties for consideration.  Category B     1.  Prior  to  the  issuance  of  a  request  for  qualifications,  request  for  proposals,  or  request for bids, as applicable, relating to the procurement of a Contract, the Governance Committee may  recommend qualifications and selection criteria for such Contract.  2.  Prior to the execution of any Contract not executed on or before the date that  is  thirty  (30)  calendar  days  after  the  effective  date  of  this  Agreement,  and  upon  presentation  and  recommendation  by  Cal-Am  to  the  Governance  Committee  after  Cal-Am  has  reviewed  and  evaluated  proposals or bids, as applicable, and negotiated with the contractor a Contract that, in the opinion of Cal- Am, is ready for execution by and between Cal-Am and the contractor, the Governance Committee may  recommend  which  contractor  should  be  retained  under  the  Contract,  and  issue  any  recommendations  concerning the terms of the final Contract. When presenting a Contract to the Governance Committee for  its consideration and recommendation, Cal-Am shall provide to the Governance Committee a copy of all  responsive  proposals  or  bids  received  for  the  pertinent  work,  except  for  any  proprietary  information  provided by contractors submitting responsive proposals or bids, together with a written description of the  process  Cal-Am  undertook  to  select  a  recommended  Contractor,  a  summary  of  the  considerations  that  Cal-Am deems pertinent to support its recommendation, and  any  other information that Cal-Am believes  will assist the Governance Committee in its review of the recommended Contract and contractor.   3.  The Governance Committee may review and issue recommendations concerning  major changes to the Desalination Project at key stages of the design process, including:  •  Basis of Design  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 20, Packet Page 20 Redline – February 21, 2013 – Subject to Revision      7  •  30% Design  •  60% Design  •  90% Design, and  •  Final Design   As  used  in  this  paragraph,  major  changes  to  the  Project  shall  include  changes  having  an  increase  or  decrease in costs of the Desalination Project that exceed $1 million.  4.  The  Governance  Committee  may  issue  recommendations  concerning  the  establishment of a community outreach program.  5.  The  Governance  Committee  may  recommend  the  Desalination  Project’s  aesthetic attributes and design consistent with community values if not covered by Category A(3) above;  6.  The  Governance  Committee  may  coordinate  with  Cal-Am  and  recommend  solutions to issues concerning the use of the Brine Discharge Infrastructure;   7.  The  Governance  Committee  may  review  and  recommend  whether  to  adopt  any  value engineering recommendations issued by the Value Engineer;   8.  The  Governance  Committee  may  review  and  recommend  whether  to  approve  any change order pertaining to any component or components of the Desalination Project, if the change  order exceeds $1 million.   Category C    1.  Cal-Am  shall  monitor  the  design,  engineering,  and  permitting  of  all  elements  of  the  Desalination  Project,  and  report  on  such  monitoring  to  the  Governance  Committee  as  described  in  Section  VI.  The  Governance  Committee  shall  discuss  Cal-Am’s  report  and  may  issue  recommendations  to Cal-Am pertaining to the Desalination Project;  2.  Prior  to  Cal-Am’s  commencement  of  negotiations  with  a  selected  contractor  relating  to  a  Contract,  the  Governance  Committee  may  review  and  issue  recommendations  concerning  contract terms relating to such Contract;  3.  The Governance Committee may review and issue recommendations concerning  the preparation and quarterly update of an overall construction budget for the Desalination Project;  4.  The Governance Committee may review and issue recommendations concerning  a plan for acceptance testing, including follow-up reporting, for the Desalination Project;  5.  The  Governance  Committee  may  annually  review  and  issue  recommendations  concerning the Desalination Project operations and maintenance budget and rate impacts;  6.   The Governance Committee may review and issue recommendations to Cal-Am  with respect to local and regional permit requirements; and  7.  The Governance Committee may review and issue recommendations concerning  the  preparation  of  quarterly  progress  reports  during  major  design  milestones  (i.e.,  30%  design,  60%  design, 90% design, and final design) and information on any material challenges to the Project design.  E.  Additional  Matters.  If  agreed  unanimously  by  all  members  of  the  Governance  Committee, including Cal-Am, additional matters not provided for herein may be added to Category A for  decision  or  recommendation  by  the  Governance  Committee  or  to  Category  B  for  recommendation  from  the  Governance  Committee.  Additional  matters  may  also  be  added  to  Category  C  for  recommendation  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 21, Packet Page 21 Redline – February 21, 2013 – Subject to Revision      8  from  the  Governance  Committee  upon  affirmative  vote  of  the  Governance  Committee  unless  Cal-Am  determines  that  the  addition  of  the  matter  to  Category  C  would  unreasonably  delay  the  Project  or  otherwise compromise the public interest. If Cal-Am determines that a matter affirmed by the Governance  Committee for addition to Category C should not be so added, Cal-Am shall issue a written explanation to  the Governance Committee within ten (10) calendar days following the Governance Committee’s vote to  add the matter to Category C that explains the reasons supporting Cal-Am’s determination.  VI.  Meetings and Action of the Governance Committee; Agendas and Minutes  A.  Meetings. Governance Committee meetings shall be conducted in compliance with the  Ralph M. Brown Act (Government Code sections 54950, et seq.). The first meeting of the Governance  Committee shall be scheduled by the primary representative of the MPWMD, and that representative  shall preside over the first meeting at which a Chair and Vice-Chair shall be selected. Thereafter, the  Chair, or in his or her absence, the Vice-Chair, shall schedule and preside over all meetings of the  Governance Committee.  During the pre-construction and construction phases of the Desalination  Project, regular meetings of the Governance Committee shall be scheduled by the Chair, or in his or  her absence, the Vice-Chair, and held on a monthly basis. During the operational phase of the  Desalination Project, regular meetings of the Governance Committee shall be scheduled by the Chair,  or in his or her absence, the Vice-Chair, and held on a quarterly basis for the first two years of the  Desalination Project’s operation and semi-annually thereafter. Special meetings of the Governance  Committee, including for purposes of responding to a Cal-Am Notification, may be called by the Chair,  or in his or her absence, the Vice-Chair, or by any member of the Governance Committee upon  request of the Chair, or in his or her absence, the Vice-Chair.  B.  Action  by  the  Governance  Committee.  All  decisions  and  recommendations  of  the  Governance Committee issued to Cal-Am shall be in writing, signed by the Chair or Vice-Chair. All other  actions of the Governance Committee shall be by motion recorded in written minutes.  C.  Agendas,  Correspondence,  and  Minutes.  Agendas,  correspondence,  and  minutes  of  the  meetings  of  the  Governance  Committee  shall  be  taken, maintained,  and  distributed  by  a  designated  staff member of the MPWMD.  VII.  Quorum and Affirmative Action of the Governance Committee  To constitute a quorum at all meetings of the Governance Committee for the transaction of business, the  primary  or  alternate  elected  official  representative  of  at  least  three  of  the  Parties  must  be  present,  in  person. Action by the Governance Committee shall require the affirmative vote of at least two of the three  Public Entity Members of the Governance Committee.  VIII.  Submission of Project Information to the Governance Committee; Project Inspections  Concurrent  with  Cal-Am’s  submission  of  any  documents  concerning  the  Project  to  the  CPUC,  Cal-Am  shall  provide  a  copy  of  the  documents  (in  paper  or  electronic  form)  to  the  Chair  of  the  Governance  Committee.  The  Chair  may  notice  a  meeting  on  his  or  her  own  initiative,  or  upon  the  request  of  any  member of the Governance Committee to review any financial matter addressed by the documents. Cal- Am, upon request of the Chair of the Governance Committee, shall be afforded an opportunity to provide  a  presentation  or  any  oral  explanation  relating  to  the  noticed  financial  matter.  Further,  upon  reasonable  advanced,  written  notice  and  subject  to  safety  and  security  concerns  and  precautions  as  determined  in  good faith by Cal-Am, any member(s) of the Governance Committee may inspect any physical facility or  structure  constructed  or  being  constructed  as  an  element  of  the  Desalination  Project,  and  Cal-Am  shall  provide  an  employee,  consultant,  or  other  representative,  who  is  knowledgeable  of  the  aspects  and  elements of the physical facility or structure, to accompany the member(s) of the Governance Committee  during the inspection.    IX.  Term and Termination of Agreement  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 22, Packet Page 22 Redline – February 21, 2013 – Subject to Revision      9  This  Agreement  shall  continue  in  effect  until  the  earlier  of  (1)  the  date  that  is  forty  (40)  years  after  the  effective  date  of  this  Agreement  (February  __,  2053),  or  (2)  the  date  that  Cal-Am  ceases  to  operate  the  Desalination Project, the earlier such date to be known as the “Expiration Date”.  Further, this Agreement  may  be  terminated,  prior  to  the  Expiration  Date,  as  follows:  (1)  by  Cal-Am,  following  the  issuance  of  an  order  from  the  CPUC  ordering  Cal-Am  not  to  participate  in  this  Agreement,  as  provided  for  in  Section  I  above;  (2)  by  Cal-Am,  if  the  CPUC  denies  or  rescinds  Application  A.12-04-019  or  denies  Cal-Am’s  development of, or subsequently rescinds Cal-Am’s authority  to  develop,  the Desalination  Project; or (3)  by the written agreement of no less than three of the four members of the Governance Committee. If, on  August __, 2052, the Desalination Project is still being operated by Cal-Am, the Parties shall, within thirty  days  thereafter,  meet  and  commence  negotiations  in  good  faith  to  seek  a  renewal  of  this  Agreement,  upon  mutually  acceptable  terms,  to  provide  continued  public  oversight  and  input  concerning  the  operation,  maintenance,  repair,  modification,  and/or  replacement  of  the  Desalination  Project  after  the  Expiration  Date.  If  this  Agreement  is  terminated  by  Cal-Am  as  a  result  of  a  CPUC  order  denying  or  rescinding Application A.12-04-019 or Cal-Am’s authority to develop the Desalination Project, but Cal-Am  intends to seek CPUC approval to develop a substitute project to provide water supplies for its Monterey  District,  then  the  Parties  shall  meet  and  negotiate  in  good  faith  to  seek  agreement,  upon  mutually  acceptable terms, for a substitute agreement to provide public oversight and input concerning the design,  permitting,  construction,  operation,  maintenance,  repair,  modification,  and/or  replacement  of  such  substitute project.  X.  Miscellaneous  A.  Further  Assurances.  The  Parties  shall  execute  such  further  documents  and  do  any  and all such further things as may be necessary to implement and carry out the intent of this Agreement.   B.  Construction.  The  provisions  of  this  Agreement  shall  be  liberally  construed  to  effectuate its purposes. The language  of this Agreement shall  be construed simply according to  its plain  meaning  and  shall  not  be  construed  for  or  against  any  Party,  as  each  Party  has  participated  in  the  drafting of this Agreement and had the opportunity to have their counsel review it.  C.  Choice of Law. This Agreement shall be governed and construed under the laws of the  State of California, with venue proper only in Monterey County.   D.  Severability.  If  any  term  or  provision  of  this  Agreement  is  determined  to  be  illegal,  unenforceable,  or  invalid  in  whole  or  in  part  for  any  reason,  such  illegal,  unenforceable,  or  invalid  provision  or  part  thereof,  shall  be  stricken  from  this  Agreement,  and  such  provision  shall  not  affect  the  legality,  enforceability,  or  validity  of  the  remainder  of  this  Agreement.  If  any  provision  or  part  of  this  Agreement  is  stricken  in  accordance  with  the  provisions  of  this  section,  then  the  stricken  provision  shall  be  replaced,  to  the  extent  possible  and  as  agreed  to  by  the  Parties,  with  a  legal,  enforceable  and  valid  provision that is as similar in content to the stricken provision as is legally possible.  E.  Dispute  Resolution.  If  a  dispute  arises  between  two  or more  of  the  Parties  relating  to  this Agreement, or the rights and obligations arising therefrom, and if the Parties in dispute are unable to  resolve  the  controversy  through  informal  means,  the  Parties  in  dispute  may,  upon  mutual  agreement,  submit the dispute to mediation, upon terms mutually agreed to by the Parties in dispute. Any Party not in  dispute  as  to  the  disputed  matter  shall  be  afforded  an  opportunity  to  participate  in  the  mediation.  In  addition, if the  Parties  in  dispute  are  unable to resolve the controversy  through  mediation, the  Parties  in  dispute  may,  upon  mutual  agreement,  submit  the  dispute  to  binding  arbitration,  upon  terms  mutually  agreed  to  by  the  Parties  in  dispute.  Any  Party  not  in  dispute  as  to  the  disputed  matter  may,  upon  the  mutual agreement of the Parties in dispute, be invited to participate in any binding arbitration.  F.  Members to Bear their Own Costs. Each Party shall bear its own costs relating to the  rights  and  obligations  of  each  Party  arising  from  this  Agreement  and  its  participation  in  the  Governance  Committee and, therefore, no Party shall be entitled to any reimbursement from another Party as a result  of any provision of this Agreement.  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 23, Packet Page 23 Redline – February 21, 2013 – Subject to Revision      10 G.  Notices and Communication. Any notice or communication hereunder shall be deemed  sufficient  if  given  by  one  Party  to  another  Party  or  Parties,  as  appropriate,  in  writing  and  either  (1)  delivered  in  person,  (2)  transmitted  by  electronic  mail  and  acknowledgment  of  receipt  is  made  by  the  receiving  Party(ies),  (3)  deposited  in  the  United  States  mail  in  a  sealed  envelope,  certified  and  with  postage and postal charges prepaid, or (4) delivered by a nationally-recognized overnight delivery courier  service, and addressed as follows:  If to Cal-Am:              with a copy to:    California-American Water Company  Attn: Robert MacLean  President  1033 B Avenue, Suite 200  Coronado, CA 92118   Email: 
[email protected]    California-American Water Company  Attn: Anthony Cerasuolo  Vice President - Legal  1033 B Avenue, Suite 200  Coronado, CA 92118  Email: 
[email protected]    If to the MPRWA:              with copies to:            Monterey Peninsula Regional Water Authority  Attn: Lesley Milton  Clerk   City of Monterey  351 Madison St. Monterey, CA 93940  
[email protected]    Monterey Peninsula Regional Water Authority   Attn: Donald Freeman  General Counsel  West Side of San Carlos & 8th  P.O. Box 805  Carmel, CA 93921  
[email protected]    Monterey Peninsula Regional Water Authority  Attn: Russell McGlothlin  Special Counsel  21 E. Carrillo St.,  Santa Barbara, CA 93101  
[email protected]      If to the MPWMD:              with a copy to:    Monterey Peninsula Water Management District  Attn: David J. Stoldt  General Manager  5 Harris Court – Bldg G  Monterey, CA 93940  Email: 
[email protected]    Monterey Peninsula Water Management District  Attn: David C. Laredo  General Counsel  5 Harris Court – Bldg G  Monterey, CA 93940  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 24, Packet Page 24 Redline – February 21, 2013 – Subject to Revision      11 
[email protected]        If to the County:              with a copy to:  County of Monterey Board of Supervisors  C/O Clerk of the Board of Supervisors  168 West Alisal Street  1 st  Floor  Salinas, CA, 93901  
[email protected]    Monterey County Counsel  Attn: Charles J. McKee  168 West Alisal Street  3 rd  Floor  Salinas, CA 93901  
[email protected]      or to such other address or to such other person as each Party shall have last designated for  receipt of notices pursuant to this Agreement. Where this Agreement provides for written notices or  communication from Cal-Am to the Governance Committee, such written notice, explanation, or  communication shall be directed to the Chair of the Governance Committee at the address set forth  above for notices to the public entity from which the Chair is appointed, and when provided shall be  deemed provided to all Public Entity Members of the Governance Committee. The effective date of any  written notice, explanation, or communication shall be the earlier of the date of actual receipt,  acknowledgment of receipt, or three days following deposit in the United States mail.  H.  Successors and Assigns.  This Agreement shall be binding on and shall inure to the  benefit of the Parties and their respective legal representatives, successors, and assigns.   I.  No Third Party Rights.  Nothing in this Agreement, whether express or implied, is  intended to confer any rights or remedies under or by reason of this Agreement on any persons other  than the Parties to this Agreement and their respective successors and assigns, nor shall any provision  in this Agreement give any third persons any right of subrogation or action over or against any Party to  this Agreement.  J.  Effective Date. This Agreement shall take effect on date first stated above.  IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above.    [signature page follows]  MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 25, Packet Page 25 Redline – February 21, 2013 – Subject to Revision      12     California-American Water Company      By:_______________________________       Robert MacLean,       President        Monterey Peninsula Regional Water Authority      By:_______________________________       Chuck Della Sala       President      Agreed as to form:      By:_______________________________       Donald Freeman       General Counsel        Monterey Peninsula Water Management District      By:_______________________________       David Pendergrass       Chair      Agreed as to form:      By:_______________________________       David Laredo       General Counsel        County of Monterey      By:_______________________________       Fernando Armenta       Chair of the Board of Supervisors      Agreed as to form:      By:_______________________________       Charles McKee       County Counsel      MPRWA Meeting,  2/28/2013 , Ìtem No. 1., Ìtem Page 26, Packet Page 26 Monterey Peninsula Regional Water Authority   Agenda Report    Date:  February 28, 2013  Item No:  2.      №08/12      FROM:  Prepared By: Clerk to the Authority      SUBJECT:  Receive and Discuss Testimony Submitted to California Public Utilities  Commission February 22, 2013 Deadline for Application (A- 12-04-019) Based  on the MPRWA Approved Position Statement   DISCUSSION:     There is no written report for this item at this time. A copy of the testimony submitted to the  CPUC is attached.     MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 1, Packet Page 27       BEFORE THE PUBLIC UTILITIES COMMISSION  OF THE STATE OF CALIFORNIA        In the Matter of Application of California- American Water Company (U210W) for  Approval of the Monterey Peninsula Water  Supply Project and Authorization to Recover All  Present and Future Costs in Rates    A.12-04-019    (Filed April 23, 2012)          DIRECT TESTIMONY OF JASON BURNETT                  RUSSELL M. MCGLOTHLIN (SBN 208826)  RYAN C. DRAKE (SBN 262580)  BROWNSTEIN HYATT FARBER SCHRECK, LLP  21 East Carrillo Street  Santa Barbara, CA 93101  Telephone: (805) 963-7000  Facsimile: (805) 965-4333  Email: 
[email protected]  Attorneys for:  MONTEREY PENINSULA REGIONAL WATER  AUTHORITY                  Dated: February 22, 2013      SB 637640 v7:015621.0002  1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 2, Packet Page 28 SB 637640 v7:015621.0002  2  BEFORE THE PUBLIC UTILITIES COMMISSION  OF THE STATE OF CALIFORNIA      In the Matter of Application of California- American Water Company (U210W) for  Approval of the Monterey Peninsula Water  Supply Project and Authorization to Recover All  Present and Future Costs in Rates    A.12-04-019    (Filed April 23, 2012)    TABLE OF CONTENTS    I.  Introduction........................................................................................................................ 1  II.  The Monterey Peninsula Regional Water Authority ......................................................... 2  III.  MPRWA Goals and Criteria for a Desalination Project .................................................... 4  IV.  MPRWA Conditions for Support of the Cal-Am Project; Reasons for Conditional  Support............................................................................................................................... 5  V.  Summary of Governance Committee............................................................................... 10  VI.  Community Support for MPRWA Position..................................................................... 12  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 3, Packet Page 29   DIRECT TESTIMONY OF JASON BURNETT    I.  Introduction  Q1:   Please state your name and business address.  A1:  My name is Jason Burnett. My business address is Carmel-by-the-Sea City Hall, Monte  Verde St., Carmel-by-the-Sea, CA 93921.      Q2:  By whom are you employed and in what capacity?  A2:  I am currently the Mayor of the City of Carmel-by-the-Sea, California (“City”). I was  elected Mayor in 2012, and was previously a member of the City Council from 2010 through  2012.     Q3:  What are your responsibilities as the Mayor?  A3:  As the Mayor, I serve as the official head of the City for all civil and ceremonial  purposes. I am also the City’s appointed representative to various local agencies including the  City’s representative on the Board of the Monterey Peninsula Regional Water Authority  (“MPRWA”).     Q4:  What offices and roles to you perform for the MPRWA?  A:4  I am currently the Vice-President of MPRWA, the Chair of the MPRWA’s Technical  Advisory Committee, and together with Mayor Chuck Della Sala from the City of Monterey, I  am one of the two members of an ad hoc committee undertaking the MPRWA’s efforts  concerning the Monterey Peninsula Water Supply Project proposed by the California-American  Water Company (“Cal-Am”) as well as efforts pertaining to this proceeding before the California  Public Utilities Commission (“CPUC”). I was also recently appointed as the MPRWA’s  principal representative to the formed Monterey Peninsula Water Supply Project Governance  Committee (“Governance Committee”), which the MPRWA anticipates will be established in the  near future as discussed further below.    Q5:  Please describe your educational background.  A5:  I graduated from Stanford University in 1999 with a Bachelor of Arts in Economics and I  received a Masters of Arts in Earth Systems from Stanford University in 2003.  SB 637640 v7:015621.0002  1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 4, Packet Page 30     Q6:  Please describe your professional experience.  A6:  I am the founder of Burnett EcoEnergy, a company that structures and secures financing  for renewable energy and energy efficiency projects. Previously, I was the Associate Deputy  Administrator of the U.S. Environmental Protection Agency where I coordinated energy and  climate change policy across the EPA, and led the development of greenhouse gases regulations.  I am also a trustee of the David and Lucile Packard Foundation.    Q7:  Have you testified before the CPUC?  A7:  No.    Q8:  What is the purpose of your testimony?  A8:  The purpose of my testimony is to testify as to the following subjects:    the formation, purpose, and activities of the MPRWA;    the MPRWA’s goals, concerns, and positions concerning replacement water supplies  for the Monterey Peninsula and the broader community interests concerning the  same;    the formation of the Governance Committee to afford public oversight and  accountability in relation to the Cal-Am Project;     the MPRWA’s present position concerning the desalination project component of the  Monterey Peninsula Water Supply Project (“Cal-Am Project”) and the conditions that  the MPRWA has established to garner the MPRWA’s support for the Cal-Am  Project;     if the MPRWA’s proposed conditions are satisfied by Cal-Am, why the MPRWA  presently favors the Cal-Am Project in comparison to the two proposed alternative  projects: the Deep Water Desal (“DWD”) project and the Peoples Moss Landing  (“PML”) project; and     the growing community consensus in support of the MPRWA’s position concerning  the Cal-Am Project.     II.  The Monterey Peninsula Regional Water Authority  Q9:  Please explain the formation of the MPRWA and the purpose for its creation.  A9:  The MPRWA is a Joint Power Authority (California Governance Code, sections 6500 et  seq.) formed pursuant to a Joint Exercise of Powers Agreement (“JPA Agreement”) in February  of 2012. The MPRWA consists of six cities: the Cities of Carmel-by-the-Sea, Del Rey Oaks,  SB 637640 v7:015621.0002  2  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 5, Packet Page 31   Monterey, Pacific Grove, Sand City and Seaside. 1  As stated in the JPA Agreement, the purpose  of the MPRWA is to exercise its members’ common powers to: (1) ensure the timely  development, financing, construction, operation, repair, and maintenance of one or more water  projects; and (2) ensure that the governance of such water projects includes representation that is  directly accountable to the members’ water users.    Q10:  Please describe the MPRWA’s principal undertakings since its creation.  A10:  Since its creation in early 2012, MPRWA has performed the following principal  undertakings:  1.  Formed a Technical Advisory Committee to assist in carrying out the purposes and  objectives of MPRWA, which is comprised of members of the community with  technical and other expertise concerning water supply solutions for the Monterey  Peninsula.  2.  Retained Separation Processes, Inc. (“SPI”), and Kris Helm Consulting (“KHC”) to  prepare a technical report entitled, “Evaluation of Seawater Desalination Projects”  (“SPI Report”). The SPI report was prepared to assist the MPRWA with its evaluation  of three proposed desalination projects on the Monterey Peninsula and is attached to  the testimony of Alex Wesner submitted by the MPRWA concurrently herewith.  3.  Held dozens of public meetings to discuss replacement water supply options for the  Monterey Peninsula and affected community interests and goals.   4.  Developed a draft (near final) agreement with Cal-Am, the Monterey Peninsula Water  Management District (“MPWMD”), and the County to create the Governance  Committee to afford public oversight and accountability in relation to the Cal-Am  Project. This draft agreement is attached to this testimony as “MPRWA Exhibit 1.”   5.  Engaged in ongoing negotiations with Cal-Am to seek agreement concerning an  acceptable means to lower the financing costs for the Cal-Am Project through a  significant contribution of public funds. Together with the MPWMD, the MPRWA  has retained Robert Larkins, a financial consultant from Raymond James Financial to  advise the MPRWA and MPWMD with respect to the creation of an acceptable and  workable public funding method to reduce the financing costs of the Cal-Am Project.  Testimony by Robert Larkins is submitted by the MPWMD concurrently with this  testimony.  6.  Adopted a “Position Statement” at the MPRWA’s January 31, 2013 meeting, which  sets forth: (i) the criteria the MPRWA maintains are necessary for a desalination  project to provide replacement water supplies for the Monterey Peninsula, and  specifically the conditions that Cal-Am would need to satisfy to garner the  MPRWA’s support of the Cal-Am Project; and (ii) the basis for the MPRWA’s                                                    1  The MPRWA recently adopted a resolution that recommends the amendment of the JPA Agreement for the  purpose of adding the County of Monterey (“County”) as a member of the MPRWA. An amended and restated JPA  Agreement is presently being circulated for execution to add the County as a member of the MPRWA  SB 637640 v7:015621.0002  3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 6, Packet Page 32   conditional support of the Cal-Am Project if those conditions are satisfied. This  Position Statement is attached to this testimony as “MPRWA Exhibit 2.”    III.  MPRWA Goals and Criteria for a Desalination Project  Q11:   What are MPRWA’s goals with respect to replacement water supplies to serve the water  demands of the Monterey Peninsula?  A11:   The MPRWA and its members desire the timely development of replacement water  supplies that are cost-effective, developed consistent with community values, and include project  oversight that is directly accountable to the public served by the replacement water supplies. The  MPRWA is keenly aware of the acute need to develop replacement water supplies to replace  water supplies lost as a result of the State Water Resources Control Board’s Cease and Desist  Order (“CDO”) against Cal-Am (SWRCB WR Order 2009-0060) with respect to its diversions  from the Carmel River Valley as well as the diminished groundwater supplies available to Cal- Am from the Seaside Groundwater Basin as a result of the Seaside Basin adjudication  (California-American Water Company v. City of Seaside, Monterey Superior Court, Case No.  M66343). The MPRWA believes that these replacement water supplies should be developed as  soon as practically feasible with the goal of completion by the 2016 deadline set forth in the  CDO, or as soon thereafter as possible. The MPRWA also believes that all replacement water  supply projects must be developed as cost effectively as possible under the circumstances, and  must be developed by or overseen by a public agency that affords representation and  accountability to the ratepayers that will be served by the replacement water supplies.     The MPRWA has articulated a preference for pursuing replacement water supply projects  that are sized to afford sufficient water supplies for present and near-term water demands  (including additional demands resulting from economic recovery and the development of lots of  record) and replenishment needs. However, the MPRWA also believes that the environmental  review performed for the replacement water supply projects should evaluate the full range of  project sizing, including the impact of no additional water supply and the impact of water  supplies necessary to satisfy the demands anticipated for full build-out under the general plans  adopted for the lands served by Cal-Am.     Finally, the MPRWA supports a “portfolio approach” for replacement water supplies  whereby several component projects are developed to satisfy demands rather than a single large  project. Such approach is likely to provide greater water supply reliability and will allow the  SB 637640 v7:015621.0002  4  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 7, Packet Page 33   projects with an easier development process to proceed without impediment from the other  projects with a longer lead time. Potential viable water supply projects include desalination  (subject to acceptable criteria discussed in my testimony below), aquifer storage and recovery,  groundwater replenishment with advance-treated recycled water, and small local water supply  projects such as those proposed by the City of Pacific Grove.    Q12:  What criteria does MPRWA maintain are necessary for a desalination project to provide  replacement water supply for the Monterey Peninsula?  A12:  The MPRWA believes that any desalination project developed to provide replacement  water supplies for the Monterey Peninsula must demonstrate technical and legal viability,  competitive project economics, and suitable public governance, accountability and transparency.  MPRWA also believes the project must demonstrate a clear and timely path to be permitted and  constructed with project completion as near to the CDO deadline as feasible. Finally, any viable  project must include contingency plans to address significant technical, permitting and legal risks  to the development of the project.     Q13:  Has the MPRWA concluded that any of the three proposed desalination projects presently  meet these criteria?  A13:  As stated in its Position Statement, the MPRWA concluded that none of the three  proposed desalination projects presently meet these criteria. However, MPRWA found that the  Cal-Am Project appears to hold the best potential to meet these criteria. The Cal-Am Project  would therefore obtain MPRWA’s support if Cal-Am were to satisfy various conditions for the  project, which is designed to avoid unwarranted expense to Cal-Am ratepayers and directly  address technical, permitting and legal challenges concerning the method of intake of raw  saltwater to the desalination plant—the riskiest part of the project.    IV.  MPRWA Conditions for Support of the Cal-Am Project; Reasons for Conditional  Support  Q14:  What conditions did the MPRWA specify as necessary to garner the MPRWA’s support  for the Cal-Am Project?  A14:  The conditions established by MPRWA within the Position Statement for support of the  Cal-Am Project are as follows:  SB 637640 v7:015621.0002  5  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 8, Packet Page 34   1.  Cal-Am must accept a significant contribution of public funds or the Commission  should direct Cal-Am to accept, a contribution of public funds. Without the interest  rate advantages afforded by such an approach, the costs of water from the Cal-Am  Project will be materially higher, and likely substantially in excess of the cost of  water from the alternative projects. A significant contribution of public funds will  avoid such an unwarranted expense to Cal-Am’s rate payers.  2.  Cal-Am must agree to form the Governance Committee to provide publicly- accountable oversight of the project.  3.  Cal-Am must diligently seek to secure lower electricity rates for the project (e.g.,  $0.08-$0.09 cents/kWh as most recently estimated by Cal-Am) that may be available  for purchase through a municipal electrical utility, generation of on-site power if  available, or from another source of low-cost power.  4.  Cal-Am must agree to limit the use of revenue from Cal-Am’s Surcharge 2 to reduce  financing risks of stranded costs to the Cal-Am ratepayers in the event the Cal-Am  Project is not completed. For example, Cal-Am could agree only to use Surcharge 2  to fund lower risk parts and phases of the project (such as only the construction  phase), apply Surcharge 2 revenue only for the construction of tangible assets that  would be required irrespective of the desalination solution, or provide other  mechanisms to reduce risks to the Cal-Am ratepayers.  5.  To promptly address concerns pertaining to Cal-Am’s proposed intake wells, Cal-Am  must: address all issues raised in the December 2012 testimony of Timothy Durbin;  proceed with the planned test wells and any other advanced geotechnical work to  support the proposed intake wells as soon as practically feasible; collaborate with  local public agencies to advance permitting efforts with other responsible agencies,  including the California Coastal Commission; and seek to clarify whether the  installation of Cal-Am’s intake wells will require approval from any federal agency,  which would, in turn, require compliance with the National Environmental Protection  Act.   6.  Cal-Am must continue to explore and advance alternative intake strategies as a  contingency if Cal-Am’s proposed intake wells prove legally or technically  infeasible. Cal-Am must fully develop a contingency plan or plans and implement  that plan or those plans for source water that do not involve wells in the Salinas  Basin. This must be done concurrently along with Cal-Am planning and testing of the  proposed slant wells.  7.  Cal-Am must show something in writing from the State demonstrating its ability to  secure SRF financing.  8.  Cal-Am must address questions about sea level rise and coastal erosion with respect  to the placement and longevity of their proposed slant wells, as well as concerns  pertaining to liquefaction from seismic events and potential damage from tsunami  events.   Together with the MPWMD and the County, MPRWA has met with Cal-Am on  numerous occasions to seek Cal-Am’s agreement and commitment to address many of these  conditions, notably with respect to the development of the Governance Committee Agreement  SB 637640 v7:015621.0002  6  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 9, Packet Page 35   and discussions pertaining to the MPWMD/MPRWA proposal for a contribution of public funds  to finance a portion of the Cal-Am project. These meetings have been productive thus far and the  MPRWA intends to continue to meet with Cal-Am to address these conditions.    Q15:  Has the MPRWA formulated principles to guide a potential contribution of public funds  to the Cal-Am project?  A15:  Yes, the MPWRA’s adopted principles for a contribution of public funds are as follows:  1.  The public contribution lowers cost to ratepayers. The MPRWA recognizes that  interest rates will change between now and the issuance of the Certificate of Public  Convenience and Necessity (“CPCN”) and will change further between the CPCN  and the need to issue debt or other financing. The MPRWA encourages the CPUC to  require Cal-Am to accept a public contribution if and only if doing so lowers the net  present value costs to ratepayers at the time of the financing.   2.  The public contribution does not adversely effect other (non-Monterey area) Cal-Am  ratepayers. The MPRWA recognizes it would not be fair policy if the structure of the  public contribution benefited Monterey-area ratepayers but in some way had an  adverse effect on other Cal-Am ratepayers (e.g., resulted in higher cost of capital for  Cal-Am projects funded for other service areas). The MPRWA does not intend to  structure a public contribution that would have this unintended effect and we  encourage the CPUC to stipulate this also.  3.  The public contribution need not require a Cal-Am-specific credit rating. American  Water has a credit rating but it is our understanding that Cal-Am does not currently  have a separate credit rating and they do not want to go through the process of getting  one. The MPWRA does not object to this position and encourages the CPUC to  stipulate that any public contribution be structured without needing a Cal-Am-specific  credit rating.   4.  The public contribution should not change Cal-Am’s authorized debt-to-equity ratio.  MPRWA understands that Cal-Am is authorized a debt-to-equity ratio of 47% to  53%, as set in a separate PUC proceeding and, while we reserve the right to weigh in  on that issue at a future point in the relevant venue/proceeding, we accept the ratio of  47% to 53% as given for the purposes of the current application.  5.  The public contribution should not change Cal-Am’s authorized equity rate of return.  MPRWA understands that Cal-Am’s authorized rate of return of up to 9.9% is set in a  separate CPUC proceeding and, while we reserve the right to weigh in on that issue at  a future point in the relevant venue/proceeding, we accept the rate of 9.9% as given  for the purposes of the current application.  6.  Cal-Am should be afforded the opportunity to invest some equity to garner its  authorized rate of return to account for risk Cal-Am is taking. The MPRWA is not  seeking to completely replace all Cal-Am equity with a public contribution because  we recognize the CPUC's need to establish a stable, fair investment climate for  SB 637640 v7:015621.0002  7  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 10, Packet Page 36   companies making investments in infrastructure in the state. The MPRWA accepts  that Cal-Am will be taking on some risk with this project and that some equity  investment is likely in the CPUC's policy interest, Cal-Am's interest, and in the  interest of the Cal-Am ratepayers to make sure Cal-Am has a financial stake in the  successful completion and operation of the Cal-Am Project.  7.  The public contribution can not cause a material delay to the project. Given the CDO,  we recognize the overarching need to avoid any project delay. Therefore, MPRWA’s  believes the CPUC should only require Cal-Am to accept a public contribution if  doing so does not delay the construction of the Cal-Am Project.    Q16:  What potential forms of a public contribution are the public agency's pursuing?  A16:  The Water Authority recommends that the PUC require CalAm to accept any form of  public contribution of financing or other funds that meet the 6 principles outlined above. At this  point we cannot provide an exhaustive list of all of the possible sources of public contribution  that may become available during the construction of the desal project. For example, on February  21st 2013, I spoke with Assemblymember Mark Stone about the possibility of including public  financing for the Monterey-area desal project in the possible state-wide water bond that the  Governor is considering. Assemblymember Stone said that he is already working on this and will  continue to push for language that will help provide water bond financing for projects that serve  the Monterey area. We also believe there may be grant money available and want to ensure that  Cal-Am is required to pursue and accept any such funds.    Q17:  If Cal-Am satisfies these conditions, would the MPRWA support the Cal-Am Project?  A17:  As indicated in the Position Statement, under the present state of knowledge, the  MPRWA would support the Cal-Am Project if these conditions were satisfied by Cal-Am.    Q18:  Please explain the reasons for MPRWA’s conditional support for the Cal-Am Project if  Cal-Am satisfies the conditions set forth in the Position Statement.   A18:  If Cal-Am meets the conditions set forth in the Position Statement, the MPRWA finds  that there are several reasons under the present state of knowledge why the Cal-Am Project  deserves support. First, the SPI Report explained that Cal-Am has progressed the furthest in the  planning and design of its proposed project and environmental review for the project pursuant to  the California Environmental Quality Act (“CEQA”) is well underway. As a result it is likely to  be completed nearest to the deadline set forth in the CDO. By comparison the DWD project was  SB 637640 v7:015621.0002  8  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 11, Packet Page 37   described as having nearly completed a project description and initial study under CEQA and the  PML is described as at only a preliminary level of engineering and planning.    Second, the proposed size of the Cal-Am Project is consistent with MPRWA’s position of  focusing on water for “replacement and replenishment,” including lots of record and economic  recovery. By comparison, the DWD project proposes a larger regional project, which may in turn  result in greater permitting challenges. The Cal-Am Project also accommodates the policy desire  to pursue a portfolio of projects to meet the needs of the Monterey Peninsula, thereby reducing  the risk associated with any project failing or being delayed.     Third, as discussed in the concurrently filed testimony of Kris Helm, to permit a  desalination project in Monterey County, the California Coastal Commission and other  responsible permitting agencies will likely require the least environmentally harmful feasible  alternative for the source water intake. MPRWA believes that it is unlikely that an open water  intake will be permitted unless options for subsurface intake are proven to be infeasible. Of the  three projects, only the Cal-Am Project proposes to pursue subsurface intake. For this reason, the  MPRWA believes there is substantial permitting risk associated with the intake method proposed  by the other two projects until and unless subsurface intake is proven to be infeasible.    Fourth, Cal-Am has demonstrated its ability to finance a project, and if the MPRWA’s  financing conditions are accepted, the costs of the Cal-Am Project are likely to be competitive  with the projected costs of the other proposed projects. The Cal-Am financing  plan is comprised of four different sources of capital: short-term construction financing, the  proposed Surcharge 2, State Revolving Funds (“SRF”), and Cal-Am equity. Neither of the other  two project proposals have a detailed financing plan and neither would likely have access to  short-term construction financing, Surcharge 2 or SRF, all of which are advantageous forms of  financing. A principal condition for MPRWA support of the Cal-Am Project is Cal-Am’s  acceptance of a significant public contribution of funds at a lower interest rate than Cal-Am’s  blended equity/debt recovery rate as a fifth source of capital. Cal-Am’s acceptance of this  condition would significantly lower the cost of the project. Cal-Am also has the capital necessary  to complete the permitting of its project. Neither of the other projects have demonstrated this  ability.    Fifth, Cal-Am has also indicated the potential to secure electricity at $0.087 per kWh  and could possibly purchase electricity at a lower rate through a municipal electrical utility  formed by a local public agency. DWD’s proposed municipal electrical utility involves the City  SB 637640 v7:015621.0002  9  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 12, Packet Page 38   of Salinas, and its success is therefore outside of the direct control of Cal-Am and the Monterey  Peninsula stakeholders.     Sixth, the DWD project involves a “complex” relationship of various entities, including a  municipal electrical utility, a data center, the formation of a regional JPA, and a water purchase  agreement with Cal-Am. MPRWA is not aware that any of these relationships have been  established. This unresolved complexity leaves more room for possible delay or failure.     Finally, the draft Governance Committee Agreement strikes the right balance of ensuring  that the most important decisions are either made by public agencies or are fully informed by  recommendations from public agencies. The Agreement avoids inserting the public agencies into  decisions that the MPRWA has judged to be better made by a private entity.    Q19:  Have you discussed the MPRWA’s Position Statement with the California Coastal  Commission with respect to desalination project permitting issues and are there conclusions from  such discussion pertinent to the elements of the Position Statement?  A19:  Yes, on February 21, 2013, and at the suggestion of Charles Lester, Executive  Director of the California Coastal Commission, I met with Dan Carl, Deputy Director for the  Central Coast District Office of the California Coastal Commission. I shared the MPRWA’s  Position Statement with Mr. Carl.  He explained that several elements of the Position  Statement accurately reflect the Coastal Commission’s position with respect to desalination  project permitting. First, he confirmed that permitting a project with a “defined service area  with a known level of build‐out” will involve an “easier” review while projects with an  “unknown or extensive service area” will involve a “more difficult” review. Second, he  confirmed that the Coastal Commission will require the least environmentally harmful  feasible alternative for a project’s source water intake.  As such, the Coastal Commission will  likely not permit an open water intake unless test slant wells have shown subsurface intake to  be infeasible.     V.  Summary of Governance Committee  Q20:  Please describe the Governance Committee previously referenced in your testimony.  A20:  The MPRWA, the MPWMD, the County, and Cal-Am have developed a near-final  agreement to form the Governance Committee (attached hereto as “MPRWA Exhibit 1” and  SB 637640 v7:015621.0002  10  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 13, Packet Page 39   referred to hereafter as the “Agreement”). The MPRWA anticipates that the Agreement will be  executed within the next week or so without significant changes from the draft Agreement  attached to my testimony. The Governance Committee is being established to ensure efficient  and effective public input, accountability, and transparency respecting the development and  operation of the Cal-Am Project. Its purpose and function is to: (i) consult with, advise, and in  some circumstances, provide direction, to Cal-Am concerning the design, permitting,  construction, operations, maintenance, repairs, and replacements to the Desalination Project; and  (ii) to serve as the entity which Cal-Am regularly updates as to Desalination Project’s status and  related issues. Each of the public entity members of the Governance Committee shall have a  single equal vote for the issuance of decisions or recommendations by the committee. Although a  member of the committee, Cal-Am shall not have a vote with respect to the committee’s issuance  of decisions or recommendations.    The Agreement establishes three sets of topics for consideration, consultation, decision,  or recommendation by the Governance Committee with varying processes for consultation,  recommendations, and/or decision-making. Category A includes matters that were deemed  appropriate for decision by the public agency parties. For example, included within Category A  is the decision concerning whether to seek CPUC approval for a combination of desalination and  groundwater replenishment or a larger desalination project without groundwater replenishment.  So too are matters concerning the retention of a value engineer to provide value engineering for  the project, project aesthetics, and pursuit of alternative power sources for the project. For these  matters, Cal-Am is required to abide by the decision issued by the Governance Committee.     Category B includes matters that were deemed appropriate for consultation and  recommendation by the Committee, but for practical reasons, Cal-Am should be afforded  ultimate discretion with respect to these matters. Examples include bidding documents, project  contractors, and major change orders, among other topics. For these Category B matters, the  Governance Committee may issue a recommendation, but Cal-Am may determine, at its sole  discretion, whether or not to follow the Governance Committee’s recommendation, provided that  if Cal-Am chooses not to follow the recommendation, it shall provide a written explanation of  the reasons for its decision not to follow the recommendation.     Finally, the topics in Category C were deemed generally of less importance than those in  Category B. For these topics, the Governance Committee shall be consulted by Cal-Am and the  committee may issue recommendations, but Cal-Am need not follow the committee’s  SB 637640 v7:015621.0002  11  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 14, Packet Page 40   recommendation and need not provide a written explanation of its reasons for not following the  recommendation should it chose not to do so.     The placement of the matters into each of the aforementioned categories was carefully  negotiated among the parties. The MPRWA believes the resulting compromise allows public  decision-making as to essential matters that are appropriate for decision by the public agencies  and affords public input and transparency as to the matters in Categories B and C, while avoiding  unnecessary interference with Cal-Am’s development and operation of the project.    Cal-Am’s entry into the Agreement is expressly conditioned upon its legal obligations to  abide by the orders and decisions of the CPUC. Therefore, should the CPUC order Cal-Am not  to participate in the Agreement, Cal-Am will be relieved of all obligations set forth in the  Agreement and the Agreement may be terminated by Cal-Am upon order of the CPUC. The  MPRWA urges the CPUC to expressly condone Cal-Am’s participation in the Governance  Committee within any Certificate of Public Convenience and Necessity issued in this  proceeding.    VI.  Community Support for MPRWA Position  Q21:  Has the MPRWA received significant community support for its Position Statement?  A21:  Yes, the Position Statement adopted by the MPRWA on January 31, 2013 has received  broad community support. For example, I attended the Monterey County Board of Supervisors  meeting on February 12, 2013. At this meeting, I presented MPRWA’s Position Statement to the  County Board of Supervisors, who subsequently unanimously approved an order supporting the  Position Statement, a copy of which is attached hereto as “MPRWA Exhibit 3.” On February 12,  2013 the MPWMD also adopted a position that is consistent with MPRWA’s Position Statement.    Further, on February 8th, 2013, I spoke with Congressman Sam Farr, who represents the  Monterey Peninsula. Congressman Farr expressed to me his support of MPRWA’s Position  Statement, and subsequently sent a letter to me confirming his support. A copy of this letter is  attached hereto as “MPRWA Exhibit 4.”     On February 8 th  and February 12th, 2013, I spoke with former State Assembly member  and current Santa Cruz County Treasurer Fred Keeley. Mr. Keeley successfully sponsored  legislation in 1998 (AB 1182) when he was the State Assemblyman for the Monterey Peninsula  to require the CPUC to develop a viable alternative water supply project to the now defunct  SB 637640 v7:015621.0002  12  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 15, Packet Page 41   Carmel River Dam proposal. Mr. Keeley expressed to me his support of MPRWA’s Position  Statement, and subsequently sent a letter to me confirming his support. A copy of this letter is  attached hereto as “MPRWA Exhibit 5.”    On February 20 th , 2013, I spoke with John Narigi, the Vice President and General  Manager of the Monterey Plaza Hotel & Spa and is a member of the Executive Committee of the  Coalition of Peninsula Businesses Board of Directors.  Members of the Coalition of Peninsula  Businesses include the Monterey County Hospitality Association, the Monterey Peninsula  Chamber of Commerce, Pacific Grove Chamber of Commerce, Carmel Chamber of Commerce,  the Community Hospital of the Monterey Peninsula, the Monterey County Board of Realtors, the  Monterey Commercial Property Association and the Monterey Peninsula Association of General  Contractors.  Mr. Narigi subsequently sent me an email confirming the Coalition of Peninsula  Businesses’ support for MPRWA’s Position Statement.      On February 19, 2012, I received a letter from Julie Packard, 2  Executive Director of the  Monterey Bay Aquarium (“Aquarium”) expressing the Aquarium’s support for the MPRWA’s  Position Statement.  A copy of this letter is attached hereto as “MPRWA Exhibit 6.”                                                               Q22:  Do you perceive significant implications from the community support for the MPRWA’s  Position Statement?  A:22  I believe that multiple prior efforts to develop replacement water supplies for the  Monterey Peninsula, including the recently defunct Regional Desalination Project, failed in part  because of disagreement as to the proposed solution among community stakeholder groups and  the lack of unified leadership in support of a specific project that is technically and legally  viable, cost-effective, and which affords meaningful public participation and oversight. From my  extensive discussions with other elected officials and stakeholders, I believe this view is widely  shared within the community. The MPRWA was created to provide a means to express a unified  voice concerning proposed water supply projects among the jurisdictions that are directly  accountable to the public to be served by the projects. I believe the broad community support  expressed for the MPRWA’s Position Statement indicates that a consensus is emerging in  support of the approach outlined in the Position Statement. I believe this consensus can be  applied to obtain a successful project, but only if the conditions set forth in the Position  Statement are satisfied.  For this reason, I respectfully urge the CPUC to structure its Certificate    2  In the interest of disclosure, please note that Julie Packard is my aunt.  SB 637640 v7:015621.0002  13  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 16, Packet Page 42   SB 637640 v7:015621.0002  14  of Public Convenience and Necessity issued in this proceeding consistent with the conditions set  forth in the Position Statement.    Q:23  Does this conclude your testimony?  A23:  Yes.      MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 17, Packet Page 43       BEFORE THE PUBLIC UTILITIES COMMISSION  OF THE STATE OF CALIFORNIA        In the Matter of Application of California- American Water Company (U210W) for  Approval of the Monterey Peninsula Water  Supply Project and Authorization to Recover All  Present and Future Costs in Rates    A.12-04-019    (Filed April 23, 2012)          DIRECT TESTIMONY OF ALEX WESNER                  RUSSELL M. MCGLOTHLIN (SBN 208826)  RYAN C. DRAKE (SBN 262580)  BROWNSTEIN HYATT FARBER SCHRECK, LLP  21 East Carrillo Street  Santa Barbara, CA 93101  Telephone: (805) 963-7000  Facsimile: (805) 965-4333  Email: 
[email protected]  Attorneys for:  MONTEREY PENINSULA REGIONAL WATER  AUTHORITY                  Dated: February 22, 2013        1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 18, Packet Page 44   2  BEFORE THE PUBLIC UTILITIES COMMISSION  OF THE STATE OF CALIFORNIA      In the Matter of Application of California- American Water Company (U210W) for  Approval of the Monterey Peninsula Water  Supply Project and Authorization to Recover All  Present and Future Costs in Rates    A.12-04-019    (Filed April 23, 2012)    TABLE OF CONTENTS    I.  Introduction........................................................................................................................ 1  II.  General Summary of Proposed Desalination Projects....................................................... 2  III.  Summary of Evaluation Procedure .................................................................................... 5  IV.  Comparison of Design and Capital Facilities .................................................................... 6  V.  Assessment of Technical Challenges and Implementation Issues..................................... 9  VI.  Assessment of Project Development Schedules .............................................................. 10  VII.  Assessment of Project Costs ............................................................................................ 11  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 19, Packet Page 45   DIRECT TESTIMONY OF ALEX WESNER    I.  Introduction  Q1:   Please state your name and business address.  A1:  My name is Alex Wesner. My business address is 3156 Lionshead Avenue,  Suite 2, Carlsbad, CA 92010.      Q2:  By whom are you employed and in what capacity?  A2:   I am employed by Separation Processes Inc. (“SPI”), and I serve as Vice President and  as a Project Manager.    Q3:  What are your responsibilities with Separation Processes Inc.?  A3:  I manage engineering personnel on projects and directly perform engineering work. The  work includes preliminary studies, pilot tests, preliminary design studies, detailed design and  system specifications, cost estimating (capital and annual operation and maintenance costs),  construction support services, commissioning assistance, and training services for operations and  maintenance personnel. My work, and that of SPI, is primarily focused on membrane-based  water treatment technologies—microfiltration, ultrafiltration, nanofiltration, and reverse osmosis  (RO) for the treatment of surface water, wastewater, brackish groundwater, and seawater.    Q4:  Briefly describe your educational background.  A4:  I hold a Bachelor of Science in Chemical Engineering from the University of California  at San Diego, and I am a Registered Professional Chemical Engineer in California.    Q5:  Please describe your professional experience.  A5:  I have over seventeen years of experience in the planning, design, construction, startup  and operations of membrane treatment facilities. I have successfully managed the membrane  process design of some of the most advanced water reclamation projects for supply of low and  high pressure boiler feeds in refinery applications. I have managed six integrated membrane  projects for the West Basin Municipal Water District in El Segundo, California as well as the  East Bay Municipal Utilities District. I have managed drinking water projects for Irvine Ranch  Water District, South Coast Water District and for the Chino Basin Desalting Agency. I have    1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 20, Packet Page 46   extensive experience in pilot testing and procurement of membrane equipment having assisted  with the procurement of over 15 membrane treatment systems. I also have experience in a wide  range of technologies and applications including membrane filtration, nanofiltration and reverse  osmosis. I have worked with West Basin Municipal Water District on their proposed seawater  desalination project, including master planning, pilot and demonstration test programs. I assisted  the city of Sand City with its design-build request for proposals package for its desalter.     Q6:  Have you testified before the California Public Utilities Commission (“CPUC”)?  A6:  No.    Q7:  What is the purpose of your testimony?  A7:  SPI, in association with Kris Helm Consulting (KHC), performed engineering and  consulting support to the Monterey Peninsula Regional Water Authority (MPWRA) to assist  with the evaluation of three candidate desalination projects on the Monterey Peninsula. As a  result of that consultation, SPI and KHC produced a report, titled “Evaluation of Seawater  Desalination Projects,” a copy of which is attached hereto as “MPRWA Exhibit 7.” SPI and  KHC issued its draft report on November 6, 2012, and a final report on December 19, 2012.  Subsequently on January 17, 2013, SPI and KHC issued a January 2013 Update to the final  report to address several changes among proponent projects and to report the results of additional  sensitivity analyses of evaluated costs for some projects. The final report presents the results of  our evaluation of the projects. The purpose of my testimony is to explain the report’s findings  and conclusions.    II.  General Summary of Proposed Desalination Projects  Q8:  Please provide a general summary of the three proposed projects.  A8:   The three projects included in our evaluation were those proposed by California  American Water (“Cal-Am”), DeepWater Desal, LLC (“DWD”), and The People’s Moss  Landing Water Desal Project (“PML”). Information for our evaluation primarily included  materials supplied to the MPRWA technical advisory committee (“TAC”) in response to their  58-item questionnaire in May of 2012, along with supplemental information requested by SPI    2  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 21, Packet Page 47   and KHC from each project proponent. Summary information for each proposed project from our  January 2013 update to our final report is provided below.    For Cal-Am:  Project Name  Monterey  Peninsula  Water  Supply  Project  (“MPWSP”)  Proponent(s)  California American Water   Location  46-acre  site  of  vacant,  disturbed  land  west  of  the  Monterey  Regional  Water  Pollution  Control  Agency  (“MRWPCA”)  Regional  Treatment  Plant  (“RTP”).  Purpose  To supply the supplemental desal component of the  Monterey Peninsula regional water supply  Production Volume  5.4 mgd or 9.0 mgd  Key Features  Raw seawater supply through a series of up to eight  sub-surface slant wells located on a vacant 376 acre  parcel with roughly 7,000 feet of ocean shoreline.  Raw water and pump to waste transmission through  one of eight candidate alignments.  Single-stage, dual media pressure filtration  pretreatment.  Partial second-pass RO desalination treatment with  energy recovery. Final product has a proposed  blend of 60:40 first pass:second pass product.  Product stabilization with calcite, carbon dioxide,  and sodium hydroxide.  Disinfection with sodium hypochlorite and  temporary UV.  2 x 1.0 MG product storage tanks, product  distribution pumps, and 36-in diameter product  pipeline to Cal-Am distribution system near  Seaside.  24-in brine disposal pipeline to the existing RTP  outfall.    For DWD:  Project Name  DeepWater Desal  Proponent(s)  DeepWater  Desal,  LLC,  Dynegy  Moss  Landing  Power Plant, G3 Data Centers  Location  Moss Landing Power Plant    3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 22, Packet Page 48   Purpose  Phase  1  to  supply  the  supplemental  desal  component  of  the  Monterey  Peninsula  regional  water supply; Phase 2 to supply northern customers  Production Volume  Phase 1: 4.9 mgd or 9.1 mgd  Phase 2: 22.0 mgd  Key Features  Raw seawater supply through a new 48-in open  intake extending into the Monterey Bay west of  Moss Landing at a depth of roughly 65-ft.  Raw water transmission through an existing right of  way maintained by MLPP to an existing pump  station at MLPP for transfer to the site.  Proprietary warming system at MLPP which will  increase the temperature of the raw water.  Single-stage, dual media pressure filtration  pretreatment.  Single-pass RO desalination treatment with energy  recovery.  Product stabilization with calcite, carbon dioxide,  and corrosion inhibitor.  Disinfection with sodium hypochlorite.  2.5 MG product storage tank, product distribution  pumps, and 30-in diameter product pipeline to Cal- Am distribution system.  36-in brine disposal pipeline to MLPP existing  cooling water ocean discharge.  For PML:  Project Name  The People’s Moss Landing Water Desal Project  Proponent(s)  DeSal  America,  LLC  composed  of  Moss  Landing  Commercial  Park,  LLC;  and  Stanley  and  Patricia- Vance Lueck  Location  Moss Landing Commercial Park  Purpose   To supply supplemental the desal component of the  Monterey Peninsula regional water supply  This  project  is  currently  proposed  as  alternative  to  the Cal-Am MPWSP.  Production Volume  4.8 mgd or 9.4 mgd  Key Features  Raw seawater supply through an existing intake  system drawing from the Moss Landing Harbor.  Single-stage, zeolite pressure filtration followed by  ultrafiltration (UF) pretreatment.  Single-pass RO desalination treatment with energy  recovery.  Product stabilization with calcite, carbon dioxide,    4  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 23, Packet Page 49   and sodium hydroxide.  Disinfection unspecified, but presumed to be with  sodium hypochlorite.  Product storage in existing site tankage. New  distribution pump station and 36-in diameter  product pipeline to Cal-Am distribution system  near Seaside.  Brine disposal through existing 51-in (internal  diameter) outfall.    Q9:  Please describe the state of design and planning of each of the proposed projects.  A9:  Overall, Cal-Am’s project was the most developed as evidenced by the background  materials they provided, followed fairly closely by DWD. PML’s level of project development  was more preliminary. Both Cal-Am and DWD had detailed project descriptions and equipment  lists, including preliminary design criteria. Cal-Am had somewhat more detailed cost estimate  information available than DWD, but both were itemized to a large degree. DWD moved their  proposed site during the course of our evaluation, precipitating, in large measure, the need for the  January 2013 update to the final report, while Cal-Am’s plans remained static and well defined  for the duration. PML lacked a comparable level of information, neglecting to supply a detailed  list of equipment for each plant capacity increment and providing only summary capital and  operating cost estimates. PML also had less fully defined intake and outfall plans, and their  overall treatment process was somewhat uncertain, to be defined later by a planned pilot test  program.    III.  Summary of Evaluation Procedure  Q10:  What was the evaluation procedure used for your analysis?  A10:  We received copies of the proponents’ responses to the MPRWA’s 58-item questionnaire  and relevant attachments. We reviewed these materials and generated a list of questions for each  project proponent where additional project definition was required. Our scope of work required  us to gain an understanding of each proposed project from a technical point of view in order to  identify any substantive differences between them. We used the information gathered to make an  assessment of technical issues and to develop independent estimates of anticipated capital and  operating costs.      5  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 24, Packet Page 50   Q11:  Please explain how the report compared the various projects elements.  A11:  The report organized and presented the findings of our evaluation pursuant to five main  sections:    Project Summaries – This section included a summary of each project as proposed by  each proponent.    Project Function –  This section described, for each project, the proposed purpose,,  intended customers, and the proposed feed water supply.  This section also provided, for  each project, an evaluation of the  adequacy of the proposed treatment approach, an  assessment of plans for residuals handling, an assessment of the overall quality of project  information provided, and an identification of any fatal flaws of a technical nature.    Projected Performance – This section assessed the plant design capacity, targeted product  water quality, and disinfection strategy for each project.    Economics – This section summarized our estimates of capital and operating costs for  each project along with a comparison to estimates provided by the proponents.    Implementation Considerations – This section provided our assessment of the  environmental and permitting considerations for each project along with projected  schedules for implementation.    IV.  Comparison of Design and Capital Facilities   Q12:  Are there common design and capital facilities among the proposed projects? If yes, what  are they?  A12:  Yes. Each project had feed, product and brine pipelines of varying lengths. Each project  also contained some analogous treatment equipment, including chemical feed systems, media  filters, cartridge filters, RO trains, calcite contactors, storage tanks, and pump stations.    Q13:  What are the principal differences in the design and capital facilities among the proposed  projects?  A13:   Plant Capacity.  In terms of plant capacity, each proponent proposed different rates of  production which impacted their overall facilities. Cal-Am proposed capacities of 5.4 mgd and  9.0 mgd; DWD proposed capacities of 4.9 mgd, 9.1 mgd, and 22.0 mgd; and PML proposed  capacities of 4.8 mgd and 9.4 mgd.     6  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 25, Packet Page 51     Facilities.  In terms of facilities, both DWD and PML proposed sites which include  existing intake and outfall facilities. Note that while DWD proposes a new seawater intake  pipeline, it would be constructed by a third party and thus was not proposed as a direct part of  DWD’s project. In comparison, Cal-Am would require construction of a complete new intake  system (discussed further below), but use an existing outfall pipeline—though somewhat remote  from their proposed plant site requiring an offsite connecting pipeline.  The DWD and PML  proposed sites are also developed, allowing the re-use of some existing structures and facilities;  while Cal-Am’s proposed facility would be built on a green-field site.     Treatment Process.  In terms of treatment process, the raw water extracted by the  proposed Cal-Am and DWD intakes would allow minimal pretreatment of dual media filtration;  while the PML intake supply is likely to require media filtration in addition to UF pretreatment.  For the proposed desalination facilities, all proponents proposed RO systems. However, both  DWD and PML proposed single pass systems; while Cal-Am proposed a product supply  composed of a blend of single pass RO and up to 40 percent second pass RO. For clarification--a  second pass RO system treats product water from a first pass RO system. Further, Cal-Am and  DWD proposed redundant (N+1) RO process trains, while PML did not propose redundant RO  trains.    Q14:  How do the proposed projects differ with respect to their respective proposed methods  and facilities for source water intake?  A14:  Cal-Am proposes to install a network of sub-surface slant wells drawing from a portion  of the coast adjacent to the Salinas Valley Groundwater Basin. DWD proposes to use a new  screened, open water intake installed at depth in Monterey Bay near Moss Landing. PML  proposes to modify and upgrade and existing intake system drawing from the Moss Landing  Harbor. Both the PML and DWD intakes would terminate on their proposed facility sites, while  Cal-Am would require a roughly 4 mile pipeline from the well field to the plant site.    Q15:  How do the proposed projects differ with respect to their respective proposed methods  and facilities for brine discharge?  A15:  Cal-Am would send brine to the existing MRWPCA ocean outfall for discharge along  with the wastewater plant effluent. DWD would discharge brine to the existing cooling water  discharge at Moss Landing Power Plant. PML proposes to use an existing 51-in diameter outfall    7  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 26, Packet Page 52   pipeline originating at its site and terminating in the Monterey Bay outside Moss Landing  Harbor.     Q16:  Please explain the implications for the quality of the product water from each project as a  result of the different desalination processes you noted in response to Question 13.  A16:  As noted, Cal-Am proposed a partial two pass RO system; while DWD and PML have  proposed single pass systems. In terms of product quality, Cal-Am’s partial two pass system  would target a chloride concentration of 60 mg/L; while the DWD and PML systems would  produce product water with up to 131 mg/L chloride.      Q17:  For purposes of your analysis did you assume changes to the design or treatment  procedures for any of the proposed projects to allow you to perform a level (i.e., “apples-to- apples”) comparison, and if so, what assumptions did you make?  A17:  Yes, in order to perform a cost analysis of each project on an equivalent basis, we made  adjustments to the proponents’ facilities to achieve a balanced evaluation. The primary  adjustments were in plant capacity and RO system design. The MPRWA requested that we  evaluate each system at two production increments: 5,500 acre-ft/yr and 9,000 acre-ft/yr. Cal- Am proposed plant design capacities of 5.4 mgd and 9.0 mgd, which would produce the annual  flow requirements if the facility operated on-line 98 percent of the time. Note that Cal-Am’s  facility design includes the return of up to 8 percent of their facility product water to the Salinas  Valley Groundwater Basin to account for the uptake of up to 3 percent of the raw water supply  from the basin—making their actual annual production targets for the purposes of our evaluation  5,960 acre-ft/yr and 9,780 acre-ft/yr. We found that the 98 percent on-line factor could be  achieved based on Cal-Am incorporating redundant rotating equipment and RO trains. Applying  an equivalent basis, we adjusted the capacity of the DWD and PML systems for the purposes of  our evaluation to 5.0 mgd and 8.2 mgd. Their capacities are smaller than Cal-Am as they do not  have to return flow to the Salinas Valley Groundwater Basin.     In terms of treatment facilities, we evaluated both DWD and PML as having a partial  second pass RO system similar to Cal-Am. We also included redundant RO trains for PML to  support the 98 percent on-line factor assumption used in determining their plant capacity for our  evaluation.        8  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 27, Packet Page 53   V.  Assessment of Technical Challenges and Implementation Issues   Q19:  In assessing the technical challenges and issues affecting each of the proposed projects,  did you identify any fatal flaws for any of the projects that would render the project infeasible as  proposed?  A19:  We found that there were no fatal flaws of a technical nature for any of the three projects  apparent at their current stages of development.    Q20:  What do you perceive to be the principal technical challenges for each of the proposed  projects?  A20:  Cal-Am’s principal technical challenge is in construction of its proposed slant wells— both a planned test well and the eventual wells for the full scale facility. Well construction  activities are limited seasonally based on restrictions associated with the snowy plover; and must  also account for erosion in the coastal zone.     DWD’s principal technical challenge from our evaluation concerns the planned warming  of its intake supply. DWD proposes to extract seawater at a depth of 61-ft and temperature of 10  °C. The raw water would be used to cool a proposed data center at the Moss Landing Power  Plant site, and in the process, increase its temperature up to 26 °C. Both the nature of the  proposed proprietary warming system and potential increase in biofouling of the RO process  membranes due to the warming process are unknowns.    PML’s principal challenges we see emanating from the proposed re-use of their existing  intake and outfall facilities at the Moss Landing Commercial Park (previously the Kaiser  Refractories Moss Landing Magnesia Plant). Modifications to the existing intake pump station  are required and the quality of raw water extracted from the harbor is unknown. For the outfall,  there is video evidence of decoupling in segments of the existing pipeline, excessive marine  growth on the existing diffusers, and the entrance of sand into the pipeline. The overall  magnitude of the damage is not well defined; nor are the requirements for repair, which could be  significant and technically challenging.    Q22:  Did the state of engineering and planning for each project affect your assessment of the  degree of certainty you applied to the technical issues and ultimately the costs of water from each  of the projects?    9  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 28, Packet Page 54   A22:  No. While there were differences is the states of development of each candidate project  (see response to Question 9), none had advanced much beyond initial planning stages and our  assessment of technical feasibility focused mainly on treatment and constructability issues. We  feel the overall level of information gathered on each project was sufficient to perform an  evaluation of technical issues. In terms of our cost analysis, we developed independent lists of  equipment, received targeted quotations, and used our own seawater treatment system cost  models to evaluate costs. We presented both our evaluated costs along with cost estimates  developed by the project proponents in our report.    VI.  Assessment of Project Development Schedules  Q23:  On what information and findings did you base your assessment of the respective project  schedules and likely pace of project development?  A23:  We reviewed schedule information included in the responses to the MPRWA  questionnaire and received subsequent schedule clarifications from Cal-Am and DWD. PML  neglected to update their schedule. Our scope (the SPI portion of the joint-report) required us to  evaluate the proposed time to design and build the desalination plant facilities. For this, we used  our experience with large design-build project delivery schedules and seawater desalination plant  construction. Overall, we found broad parity between the design and construction schedules for  the proposed facilities. The main schedule differentiator centered on permitting and  environmental compliance.    Q24:  What are the primary issues that could delay the projected schedule for each of the  projects?  A24:  From a design and construction perspective each project has attendant issues. Cal-Am is  proposing a test slant well program to inform their intake system design. Our schedule shows  some overlap between the test program and overall plant predesign; but we do not see much  float. So a significant delay on the test well implementation could result in a delay in the overall  project delivery schedule.    For DWD, they have proposed a project integrated with a new data center at the Moss  Landing Power Plant. They must also negotiate agreements with Dynegy to use existing  buildings at the site for their desalination facilities and existing ocean outfall for brine disposal.    10  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 29, Packet Page 55   From our schedule, these agreements would need to be in place by August 2014 to not impact the  overall project delivery schedule.     For PML, they have proposed a year-long pilot study to validate their proposed treatment  process train. While the major schedule drivers for PML relate to environmental and permitting  issues, a significant delay in the pilot test program beyond September 2015 could affect their  overall implementation schedule in our evaluation.    Q25:  What were your findings with respect to the schedule and likely pace of project  development for each of the proposed projects?  A25:  We found that with sufficient planning (e.g., completion of prescribed tests and studies),  each project could develop sufficient pre-design information to permit a design-built type project  award in six months. We found that overall plant and related pipeline construction activities  could be accomplished in eighteen months, followed by three months of commissioning and  startup. In summary, we did not find significant differentiators among the projects in terms of  their design and construction schedules.  The differences in proponent schedules are primarily  attributed to environmental and permitting issues, which were outside the SPI scope of work.  Permitting issues addressed in our joint report were addressed by KHC.    VII.  Assessment of Project Costs  Q26:  How did you assess anticipated costs of water for each of the proposed projects?  A26:  To achieve a balanced evaluation of costs, we looked to establish the following:    Uniformity in plant design capacity.     Equivalency in treatment to achieve: a common RO feed water quality following  pretreatment; a common treated water quality goal; and pathogen removal credits for the  applicable supply source.    Uniformity in equipment redundancy.    Uniformity in unit cost criteria for common items.    Uniformity in cost factors applied to aggregated costs (e.g., contingencies, electrical and  I&C costs, etc.).    Uniformity in unit costs for chemicals and other consumables (e.g., cartridge filter, RO  membrane elements).    11  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 30, Packet Page 56     We adjusted the capacity of each proponent project to produce either 5,500 acre-ft/yr or  9,000 acre-ft/yr based on a 98 percent on-line factor. To meet a common product water quality  goal, we evaluated each RO system as a partial two-pass resulting in a product blend of 40  percent second pass RO product and 60 percent first pass RO product. For pipelines, we  estimated feed and brine pipeline lengths based on specific intake, outfall and site locations. For  product water pipelines, we established a common tie-in location in the Cal-Am service area and  estimated lengths from the individual proponent sites to that point. We sized equipment and  process units according to the established plant flow criteria (at each annual delivery target) and  developed estimates of capital facilities cost, applying the above criteria related to equipment  redundancy, unit costs, and aggregated cost factors. For annual operations and maintenance  expenses, we calculate energy and chemical costs based on our annual plant flow assumptions  for the various proponents. For chemicals, we established unit costs for each and applied them  uniformly across each project. For energy costs, we solicited the forecast cost of electricity from  each proponent and confirmed them based on PG&E rate schedules. We assumed uniform annual  equipment replacement costs as a percentage of evaluated equipment costs along with annual  uniform operations and maintenance labor costs. We then added any additional proponent-related  expense s for annual leases or proponent profits specific to a given project. To determine the cost  of water produced, we amortized the capital cost estimates based on a specified interest rate and  term for each proponent, and added that total to the annual operations and maintenance cost. This  total annual cost figure for each annual production target was divided by the respective annual  amount of water produced (e.g., either 5,500 acre-ft/yr or 9,000 acre-ft/yr) to determine a  production cost of water in units of $/acre-ft.    Overall, we gauged our cost estimates as Class 5 as defined by the Association for  Advancement of Cost Engineering (AACE), having an accuracy range of -30 to +50 percent. The  AACE defines Class 5 estimates as focused on conceptual screening of alternatives. In the  context of our evaluation, we consider the costs useful for comparison of the various proponent  projects among themselves, as the costs were developed on an equivalent basis. The overall level  of project development and scope of our evaluation do not warrant the costs to be used on a  standalone basis as a reliable indication of future construction and operating costs.    Q27:  Were there aspects of project costs that were more or less uniform among the proposed  projects pursuant to your analysis, and if so what were they?    12  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 31, Packet Page 57   A27:  As indicated above, operations and maintenance labor requirements were held uniform  across the three projects. On the capital side, media filters, RO trains, cartridge filter, and calcite  contactor costs were also fairly uniform, with differences only relating to capacity variation.    Q28:  Among the proposed projects, what project-specific factors were the primary factors  resulting in differing water costs among the proposed projects?  A28:  On the capital side, Cal-Am had higher costs associated with its proposed intake wells  then the other proponents. DWD essentially had no cost associated with its proposed new intake  because it proposes for the intake to be constructed by a third-party without cost to the DWD  desalination project; while PML had a nominal allowance associated with upgrades to its  existing intake facilities. For PML, their treatment facilities cost were somewhat higher due to  their proposed pretreatment system which included UF treatment in addition to media filtration.  Overall, Cal-Am’s facility costs were also somewhat higher due to the need to treat excess flow  and return a portion to the Salinas Valley Groundwater Basin.    For operating costs, Cal-Am provided a higher electrical unit cost than either DWD or  PML (roughly $0.13/kW-hr vs $0.08/kW-hr); leading to comparatively higher energy costs. Cal- Am’s increased design capacity also impacted operating costs somewhat. DWD had  comparatively high facility leasing expense along with a required annual return (proponent  profit).    The final differentiator was in the assumed cost of financing/amortization for each  project. DWD and PML were presumed to have access to public financing at an interest rate of  4.00 percent and for a term of 30 years. Cal-Am’s financing costs were calculated as an effective  annual rate by Dave Stoldt, General Manager for the Monterey Peninsula Water Management  District representing the average annual capital recovery over a 30-year period. The effective  interest rate was found to be 8.49 percent—resulting in a comparatively higher capital  amortization factor.    Q29:  What were the principal findings of your analysis with respect to the anticipated cost of  water produced from each of the proposed projects?  A29:  For the 9,000 acre-ft/yr production scenario, we found Cal-Am to have a cost of  production of $3,300/acre-ft; with a range based on accuracy estimate of $2,310 - $4,950/acre-ft.    13  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 32, Packet Page 58     14  DWD’s equivalent production cost and range were $2,100/acre-ft and $1,470 - $3,150/acre-ft.  PML’s values were $2,320/acre-ft and $1,625 - $3,480/acre-ft.    The same parameters for the 5,500 acre-ft/yr production scenario were as follows:  Cal-Am: $4,310/acre-ft and $3,017 - $6,465/acre-ft  DWD: $2,670/acre-ft and $1,870 - $4,005/acre-ft  PML: $2,965/acre-ft and $2,075 - $4,450    Q30:  In your January 2013 update to your report, you reported on a sensitivity analysis that  you performed to estimate the reduced costs of water from the Cal-Am Project if Cal-Am were  able to obtain a reduced rate for energy at an average rate of $0.087 per kWh. What were the  results of this sensitivity analysis?  A30: Base production cost for the 9,000 acre-ft/yr scenario would be $3,110/acre-ft with an  accuracy range of $2,180 - $4,665/acre-ft. Comparable values at the 5,500 acre-ft/yr production  scenario would be $4,120/acre-ft and a range of $2,885 - $6,180/acre-ft.    Q31:  After your January 2013 update was completed, did you perform further sensitivity  analysis regarding the costs of water from the Cal-Am Project to project those costs if the Cal- Am Project were able to obtain energy at an average rate of $0.087 per kWh and was also able to  obtain the same long-term interest rate for capital facility financing that you assumed for the  other two proposed projects?  A31:  Yes, we performed this further sensitivity analysis at the MPRWA’s request.    Q32:  What were the results of this further sensitivity analysis?  A32:   Base production cost for the 9,000 acre-ft/yr scenario would be $2,310/acre-ft with an  accuracy range of $1,615 - $3,465/acre-ft. Comparable values at the 5,500 acre-ft/yr production  scenario would be $3,015/acre-ft and a range of $2,110 - $4,525/acre-ft.          Q33:  Does this conclude your testimony?  A33:  Yes.  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 33, Packet Page 59             BEFORE THE PUBLIC UTILITIES COMMISSION  OF THE STATE OF CALIFORNIA        In the Matter of Application of California- American Water Company (U210W) for  Approval of the Monterey Peninsula Water  Supply Project and Authorization to Recover All  Present and Future Costs in Rates    A.12-04-019    (Filed April 23, 2012)          DIRECT TESTIMONY OF KRIS HELM                  RUSSELL M. MCGLOTHLIN (SBN 208826)  RYAN C. DRAKE (SBN 262580)  BROWNSTEIN HYATT FARBER SCHRECK, LLP  21 East Carrillo Street  Santa Barbara, CA 93101  Telephone:  (805) 963-7000  Facsimile:  (805) 965-4333  Email: 
[email protected]  Attorneys for:  MONTEREY PENINSULA REGIONAL WATER  AUTHORITY            Dated:  February 22, 2013      1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 34, Packet Page 60     BEFORE THE PUBLIC UTILITIES COMMISSION  OF THE STATE OF CALIFORNIA      In the Matter of Application of California- American Water Company (U210W) for  Approval of the Monterey Peninsula Water  Supply Project and Authorization to Recover All  Present and Future Costs in Rates    A.12-04-019    (Filed April 23, 2012)    DIRECT TESTIMONY OF KRIS HELM      Q1:   Please state your name and business address.  A1:  My name is Kris Helm. My business address is 4218 Ben Avenue, Studio City, CA  91604.      Q2:  By whom are you employed and in what capacity?  A2:   I am the principal of Kris Helm Consulting (“KHC”).     Q3:  What are your responsibilities?  A3:  I am a senior Water Resources Consultant, advising on issues related to water operations,  water recycling and desalination, and well as in policy development, economic and financial  analyses, and strategic planning.    Q4:  Briefly describe your educational background.  A4:  I hold a Bachelor of Arts degree in Economics from the University of California,  Berkeley, California, 1980.    Q5:  Please describe your professional experience.  A5:   I have over 30 years of experience in water resource issues. I worked ten years for the  Metropolitan Water District of Southern California, serving as a Branch Manager within the  Water Resources Division as a Groundwater Resources Specialist. I also previously served as the    2  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 35, Packet Page 61 Manager of Planning and Operations at the West Basin Municipal Water District from 1992- 1997. More recently, I have provided program management services to municipal clients and  developed water resources solutions for large-scale power generation projects.     Q6:  Have you testified before the California Public Utilities Commission (CPUC)?  A6:  No    Q7:  What is the purpose of your testimony?  A7:  My consulting firm, KHC, performed consulting support to the Monterey Peninsula  Regional Water Authority (“MPWRA”) to assist with the evaluation of three candidate  desalination projects on the Monterey Peninsula. In this respect, we evaluated the anticipated  government permitting requirements pertaining to the three proposed desalination projects. The  results of my findings concerning permitting for the desalination projects were included in a  report that KHC developed with Separation Processes Inc., titled, “Evaluation of Seawater  Desalination Projects,” a copy of which is attached to the direct testimony of Alex Wesner filed  by the MPWRA concurrently with my direct testimony. The purpose of my testimony is to  explain the report’s findings and conclusions concerning permitting issues and challenges for the  proposed desalination projects.    Q8:  What were the three proposed desalination projects for which you evaluated permitting  issues for inclusion in the report?  A8:  The three proposed desalination projects included in our evaluation were those proposed  by California American Water (“Cal-Am”), DeepWater Desal, LLC (“DWD”), and The People’s  Moss Landing Water Desal Project (“PML”).     Q9:  What sources, materials, or personal knowledge did you rely upon in developing your  analysis of the permitting issues for the proposed desalination projects?  A9:  I previously served as Program Management Advisor to the Los Angeles Department of  Water and Power. In this capacity, I studied and evaluated permitting issues related to the  development of an ocean desalination plant to be co-located at a power plant utilizing once- through cooling. I have reviewed the federal and state rules applicable to once-through cooling  of power plants and the proceedings before the California Energy Commission related to    3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 36, Packet Page 62 permitting new power plants utilizing once-through cooling including the adjudicative  proceedings related to licensing once-through cooling at the Moss Landing Power Plant. I  reviewed the State Water Resources Control Board policies on once-through cooling and the  Moss Landing Power Plant plan to comply with those rules. I reviewed development of the  Carlsbad, Huntington Beach, Dana Point and West Basin Municipal Water District proposed  desalination plants. I was a peer reviewer on the Long Beach water department’s ocean- desalination demonstration project. I have kept abreast of the Coastal Commission’s stated  position on permitting ocean desalination facilities and participated in review of the State  handbook for planning ocean desalination projects.     For this evaluation I reviewed numerous reports including reports cited in the joint report  KHC developed with SPI. Those included the prior Environmental Impact Report (“EIR”) for the  Coastal Desalination Project, the Superior Court’s order regarding deficiencies in the EIR,  various sources regarding the National Marine Sanctuary’s policies for permitting projects within  the Monterey Bay National Marine Sanctuary including the “Guidelines for Desalination Plants  in the Monterey Bay National Marine Sanctuary.”  I also reviewed numerous reports prepared by  the developers of the three proposed projects.    Q10:  Briefly explain the approach you undertook in assessing the permitting issues for the  proposed desalination projects.  A10:   Each of the projects was evaluated in terms of the major issues it faced for  environmental compliance and permitting, and the consequences for the development schedule.  The evaluation was performed at a very high level and based upon conceptual rules of thumb. In  order to screen the issues of significance, the prior Coastal Water Project EIR was reviewed and  largely relied upon to assess facts and mitigation strategies for environmental compliance. That  document was presumed to have identified the relevant permits for prior project approaches.     Based upon my judgment, the major differences between the three proposed projects and  the alternatives described in the Coastal Water Project EIR were assessed to determine the major  permits that would need to be obtained and the new environmental assessments that would be  necessary. Each of the project sponsors provided estimates of the schedule for implementation  including the estimated timing for environmental compliance and major permits. The conceptual  schedule and schedule risk were reviewed with the project sponsors for comment in an effort to  present consensus on the project schedule and risks.     4  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 37, Packet Page 63   Although the prior EIR identified more than 25 discretionary approvals which must be  obtained for the project alternatives, our review focused on a simplified list of discretionary  approvals based upon our judgment that these approvals would most likely dictate the critical  path for project development.     Approvals related to Intake of Seawater    Approvals related to Project Discharge    Jurisdictional permitting for water of the US    Coastal Development Permitting    Moreover, a highly simplified list of tasks for Environmental Compliance was created around  these discretionary approvals. Those tasks in order are:  1.  A project description must be completed.  2.  An Environmental Assessment must be made.  3.  An EIR/EIS must be completed. (CEQA/NEPA Compliance)  4.  Commercial Agreements must be negotiated/ Cal Am must obtain a Certificate of Public  Convenience and Necessity (After Certification of EIR)  5.  Jurisdictional Permits must be obtained for facilities impacting waters of the U.S.   6.  NPDES Permits must be amended/obtained  7.  Coastal Development Permits must be obtained    Q11:  What did you conclude are the principal permits that must be obtained for each of the  respective proposed projects that may materially affect project schedules ?  A11:  The principal permit that each of the projects will be required to obtain and which is  likely to affect project schedules is a Coastal Development Permit from the California Coastal  Commission. For the Cal-Am project, a Coastal Development Permit would be required both for  its development of a test slant well and for the ultimate subsurface intake system. Each of the  projects will also require a National Pollutant Discharge Elimination System (“NPDES”) permit  issued by the Regional Water Quality Control Board. Finally, if a project involves the installation  of infrastructure within the Monterey Bay National Marine Sanctuary (“MBNMS”), the project  will need to obtain an Office of National Marines Sanctuaries permit from National Oceanic and  Atmospheric Administration (“NOAA”). We conclude that the DWD and PML projects will  both require permits from NOAA because they will involve construction of new intake and/or  discharge facilities on the seabed of the Marine Sanctuary. The Cal Am project may also require  a permit from NOAA if its intake gallery impacts the seafloor.     5  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 38, Packet Page 64   Q12:  What did you conclude were the primary challenges concerning Coastal Development  Permitting from the California Coastal Commission?  A12:  We concluded that to permit a desalination project in Monterey County, the California  Coastal Commission will likely require the least environmentally harmful feasible alternative for  the source water intake. Subsurface water intake is likely to be viewed by the Coastal  Commission as the least environmentally harmful alternative, and therefore, we anticipate that  the Coastal Commission will require that subsurface intake be fully explored for feasibility  before considering proposals for permitting of an open water intake. In other words, we  anticipate that the Coastal Commission will not permit an open water intake unless subsurface  intake options are proven to be infeasible or environmentally less desirable than the proposed  open-water intake. The Cal-Am Project proposes to pursue subsurface intake in order to avoid  significant environmental impacts and comply with permitting policies.     Q13:   Did you conclude that any other responsible permitting agencies will also require  demonstration of infeasibility of subsurface intake before considering permitting of an open  water intake?  A:13  Yes, we concluded that NOAA will also likely require demonstration of infeasibility of  subsurface intake before considering permitting of an open water intake.    Q14:  On what information or source did you conclude that the Coastal Commission and  NOAA will apply a policy preference for subsurface intake of source water?  A14:   Although there has not been formal rulemaking completed to provide rules for approval  of new intakes for desalination projects, the California Department of Water Resources released  an “Ocean Desalination Planning Handbook” in 2008. In pertinent part, this handbook provides  guiding principles for permitting ocean desalination projects including the roles of various State  agencies. We also reviewed statements regarding the evaluation of open water intakes in the  NOAA policy guidelines for the MBNMS. These NOAA guidelines express a clear preference  for subsurface intake, if feasible, over open water intakes. We also spoke with the director of  water quality for the NMS. This information and applicable implications are summarized in a  memorandum I issued to the MPWRA, titled “Permitting Concerns, Open Intake” on January 29,  2013, which is attached to my testimony as Exhibit MPRWA Exhibit 8.    6  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 39, Packet Page 65   Q15:  Did your conclusion regarding the permitting challenges for open water intake affect your  assessment of the schedules and likely pace of development for the respective proposed projects?  A15:   We concluded there is substantial permitting risk associated with the intake method  proposed by the DWD and PML projects because both propose to use an open water intake. The  DWD project proposes to use an open water ocean intake at a depth of 20 meters or more located  off shore utilizing pipelines previously used for delivery of fuel oil to the Moss Landing Power  Plant. The PML proposes to use an intake in the Moss Landing harbor presently permitted for the  Moss Landing Commercial Project. 1  Neither, to my knowledge has proposed specific testing of  subsurface intake methods as alternatives to open water intake. The Cal-Am project proposes to  use a subsurface intake located at the Cemex property on the coast within the Salinas Valley.  Cal-Am’s method of subsurface intake is proposed to either be slant wells or subsurface radial  collectors, such as a Ranney well system. While Cal-Am’s proposed intake faces other potential  challenges (e.g., allegations of potential harm to Salinas Valley Groundwater Basin users), from  a permitting perspective, we concluded that the proposed subsurface intake proposal for the Cal- Am project affords that project a permitting advantage over the other two projects.    Q16:  Did you conclude that the necessary NPDES permitting presents any significant  challenges for any of the proposed projects?  A16:  The PML project proposed a discharge reduction system which I could not review. They  described a possible need to permit a new point of discharge. The DWD project proposed a  method of disposal of waste products that the prior EIR found did not create a significant impact,  as did the Cal-Am project. For purposes of our evaluation of scheduling, we assumed a period of  time to obtain these permits prior to obtaining financing for project construction. We noted that  there could be future challenges to the methods for mitigation of brine impacts approved in the  prior EIR but assumed that the conclusions of the prior EIR were valid.                                                      1  PML has proffered that, as a matter of law, the PML project’s use of seawater from the Moss Landing Harbor  should be compared to the 60 MGD use that is permitted for the Moss Landing Commercial Park, and that because  the PML project would not increase the permitted use of seawater, PML argues the PML project would not increase  the take of water from the marine environment. We were not certain that this position is accurate and instead  assumed that the PML’s take of seawater from the harbor would be compared to a no-project alternative, and  therefore the impingement and entrainment impacts on marine life from the harbor intake would need to be fully  evaluated in federal and state permitting processes and associated environmental review.    7  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 40, Packet Page 66 Q17:  Did you conclude that there were other significant permitting challenges for any of the  three proposed projects?  A17:   Yes, however as noted in the approach above, although the prior EIR identified more  than 25 permits, including permits regarding potential take of endangered species, we assumed  that the schedules proposed by the applicants had considered these permits and that the  mitigation plans proposed were sufficient to obtain those permits. Our review focused on the  way in which the projects would interface with the marine environment. We believed that these  impacts and their effects on required permits would be the primary determinants of project  schedule.    For the Cal-Am project, we concluded that it was uncertain whether the project will  require a permit from NOAA (and associated NEPA compliance) for Cal-Am’s intake  infrastructure. This issue will likely ultimately depend on whether Cal-Am’s intake infrastructure  impacts the seafloor. We also noted that the test well program could alter the design of the intake  system and potentially require a reassessment of impacts and permitting for the intake system.  We also noted that plans should be developed for a program that would “protect and enhance the  marine environment” (a requirement of Coastal Commission review for the Coastal  Development Permitting) rather than simply mitigate the impacts from proposed intake of  seawater and disposal of waste brine to the marine sanctuary to a level of insignificance.     Q18:  Did you recommend any course of action for the MPRWA to facilitate resolution of the  permitting challenges?  A18:  Yes, we recommended that the MPRWA work with CPUC to dovetail the administrative  process for the issuance of a CPCN with the environmental review and permitting process for the  project including administrative hearings by the California Coastal Commission. We  recommended that the MPWRA meet with the CPUC to request concurrent review of the project  by the California Coastal Commission. We urged this “dual-track” approach so that the Cal-Am  project will be further along in the Coastal Development Permitting process when the CPUC  issues a Certificate of Public Convenience and Necessity (“CPCN”) for the project. The Coastal  Commission has a different standard of review and different concerns than would be addressed  by the CPUC in its CEQA review or in a CPCN. Thus, engaging the Coastal Commission early  to begin addressing these concerns is one of the most important ways (perhaps the single most  effective way) to accelerate ultimate delivery of the project. Finally, noting the Coastal    8  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 41, Packet Page 67   9  Commission’s concerns regarding ongoing public oversight and stewardship over coastal  resources and the marine environment, we urged the MPRWA to work with Cal-Am and the  CPUC to ensure that appropriate public agency oversight and stewardship over the desalination  project would be in place.    We also recommended that MPRWA coordinate with CPUC to seek a determination  from NOAA as to whether Cal-Am is likely to require a permit from NOAA as a result of  potential seafloor alteration as part of its source water intake infrastructure. If so, Cal-Am should  immediately begin processing an application with NOAA for this permit together with the  development of an Environmental Impact Statement under NEPA so to avoid future project  delay.     Q19:  Does this conclude your testimony?  A19:  Yes.    MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 42, Packet Page 68             BEFORE THE PUBLIC UTILITIES COMMISSION  OF THE STATE OF CALIFORNIA        In the Matter of Application of California- American Water Company (U210W) for  Approval of the Monterey Peninsula Water  Supply Project and Authorization to Recover All  Present and Future Costs in Rates    A.12-04-019    (Filed April 23, 2012)          EXHIBITS TO DIRECT TESTIMONY OF JASON BURNETT, ALEX WESNER AND  KRIS HELM                  RUSSELL M. MCGLOTHLIN (SBN 208826)  RYAN C. DRAKE (SBN 262580)  BROWNSTEIN HYATT FARBER SCHRECK, LLP  21 East Carrillo Street  Santa Barbara, CA 93101  Telephone:  (805) 963-7000  Facsimile:  (805) 965-4333  Email: 
[email protected]  Attorneys for:  MONTEREY PENINSULA REGIONAL WATER  AUTHORITY            Dated:  February 22, 2013      MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 43, Packet Page 69     BEFORE THE PUBLIC UTILITIES COMMISSION  OF THE STATE OF CALIFORNIA        In the Matter of Application of California- American Water Company (U210W) for  Approval of the Monterey Peninsula Water  Supply Project and Authorization to Recover All  Present and Future Costs in Rates    A.12-04-019    (Filed April 23, 2012)          EXHIBITS TO DIRECT TESTIMONY OF JASON BURNETT, ALEX WESNER AND  KRIS HELM      LIST OF EXHIBITS    Burnett Testimony  MPRWA Exhibit 1:  Draft Agreement to Form the Monterey Peninsula Water Supply Project  Governance Committee.    MPRWA Exhibit 2:  MPRWA Position Statement, Adopted January 31, 2013.    MPRWA Exhibit 3:  Order of the Monterey County Board of Supervisors, Adopted February 21,  2013.    MPRWA Exhibit 4:  Letter from Congressman Sam Farr, February 22, 2013, in support of  MPRWA's Position Statement.    MPRWA Exhibit 5:  Letter from Fred Keeley, February 20, 2013, in support of MPRWA's  Position Statement.    MPRWA Exhibit 6:  Letter from Julia Packard, February 19, 2013, in support of MPRWA's  Position Statement.     Wesner Testimony  MPRWA Exhibit 7: Evaluation of Seawater Desalination Projects, Final Report, Update January  2013.    Helm Testimony  MPRWA Exhibit 8:  Memorandum titled “Permitting Concerns, Open Intake,” from Kris Helm  to MPRWA, January 29, 2013.   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 44, Packet Page 70 EXH  M I P   WA  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 45, Packet Page 71 DRAFT  February  21,  2013  —  Subject  to  Revision  AGREEMENT TO FORM THE  MONTEREY PENINSULA WATER SUPPLY PROJECT GOVERNANCE COMMITTEE  This AGREEMENT TO FORM THE MONTEREY PENINSULA WATER SUPPLY PROJECT  GOVERNANCE COMMITTEE ("Agreement")  is  made  and entered into  as  of  February  ,  2013,  by  and among  the  MONTEREY PENINSULA REGIONAL WATER AUTHORITY (IVIPRWA"),  the  MONTEREY  PENINSULA WATER MANAGEMENT DISTRICT ("MPWMD"),  the  COUNTY OF MONTEREY  ("County"),  and the  CALIFORNIA-AMERICAN WATER COMPANY ("Cal-Am").  The  MP RWA,  the  MP WMD,  the  County,  and Cal-Amare  sometimes  referred to  individually  herein  as  a  "P arty,"  and collectively  as  the  "P arties." I .  Formation of Governance Committee  P ursuant  to  the  terms  of  this  Agreement,  the  P arties  hereby  formthe  Monterey  P eninsula  Water  Supply  P roject  Governance  Committee  ("Governance Committee")  comprised of  representatives  of  the  MP RWA,  the  MP WMD,  the  County,  and Cal-Amto  ensure  efficient  and effective  public  input  into  the  development  and operation  of  the  Monterey  P eninsula  Water  Supply  P roject  ("Project").  Cal-Am's  entry  into  this  Agreement  is  expressly  conditioned upon  its  legal  obligations  to  abide  by  the  orders  and decisions  of  the  California  P ublic  Utilities  Commission  ("CPUC").  Therefore,  should the  CP UCorder  Cal- Amnot  to  participate  in  this  Agreement,  Cal-Amshall  be  relieved of  all  obligations  set  forth  in  this  Agreement  and this  Agreement  may  be  terminated by  Cal-Amupon  such  CP UCorder.  Further,  if  the  CP UCissues  any  order  or  decision  that  conflicts  with  any  particular  provision  of  this  Agreement,  Cal-Am shall  be  relieved of  any  and all  obligations  to  abide  by  the  conflicting  provision  of  this  Agreement.  Definitions  A.  Application  A.12-04-019.  Application  of  California-American  Water  Company  (U210W)  for  Approval  of  the  Monterey  P eninsula  Water  Supply  P roject  and Authorization  to  Recover  All  P resent  and Future  Costs  in  Rates,  filed with  the  CP UCon  or  about  April  23,  2012.  B.  ASR  I nfrastructure.  The  facilities  used to  inject  into  and extract  potable  water  fromthe  Seaside  Groundwater  Basin,  as  described in  Application  A.12-04-019.  These  facilities  will  include  the  Aquifer  Storage  and Recovery  (ASR")  wells  and related appurtenances,  the  backflush  pipeline,  the  recirculation  pipeline  and the  ASR  pipeline.  C.  Brine  Discharge  I nfrastructure.  Facilities  located outside  the  desalination  plant  site  that  are  used to  dispose  of  brine  into  the  ocean.  These  facilities  will  include  the  brine  disposal  pipeline,  the  brine  receiving  station,  any  modification  to  the  MRWP CA  existing  outfall,  or  a  new  outfall,  or  potentially  the  use  of  other  existing  outfalls  with  or  without  modifications.  D.  Cal-AmNotification.  The  written  notification  fromCal-Amto  the  Chair  of  the  Governance  Committee  that  a  matter  is  ready  for  consideration,  consultation,  or  action  by  the  Governance  Committee  as  provided herein,  and as  further  defined within  Section  V.B.  E.  CEQA.  The    California  Environmental  Quality  Act.  F.  Contracts.  One  or  more  of  the  contracts  between  Cal-Amand a  selected contractor,  valued in  excess  of  $1  million,  relating  to  the  design  and/or  construction  of  the  following  facilities:  (1)  the  Desalination  I nfrastructure,  (2)  the  Source  Water  I nfrastructure,  (3)  the  Brine  Discharge  I nfrastructure  contracted for  by  Cal-Am,  (4)  the  P roduct  Water  P ipeline,  (5)  the  Raw  Water  P ipeline;  (6)  the  ASR  I nfrastructure,  and (7)  the  Terminal  Reservoir  I nfrastructure.  Contracts  for  one  or  more  of  the  facilities  identified above  in  this  definition  may  be  combined into  a  single  contract.  I n  addition,  the  design  and construction  of  a  single  facility  identified above  in  this  definition  may  be  combined into  a  single  contract.  1 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 46, Packet Page 72 DRAFT  February  21,  2013  —  Subject  to  Revision  G.  CP CN.  The  Certificate  of  P ublic  Convenience  and Necessity,  if  ordered by  the  CP UC,  within  Application  A.12-04-019.  H.  Desalination  I nfrastructure.  Facilities  located within  the  desalination  plant  site  that  are  used to  create  potable  water  fromeither  an  ocean  source  water,  brackish  source  water  or  a  combination  thereof,  and appurtenant  facilities  needed to  dispose  of  brine  to  the  Brine  Discharge  I nfrastructure,  dispose  of  wastewater  (i.e.  process  water  and sanitary  discharge),  and any  needed facilities  that  may  be  required to  prevent  export  of  native  Salinas  River  Groundwater  Basin  water.  I .  Desalination  P roject.  The  combination  of  the  Desalination  I nfrastructure,  the  Brine  Discharge  I nfrastructure,  the  Source  Water  I nfrastructure,  the  P roduct  Water  P ipeline,  the  Raw  Water  P ipeline,  and the  Terminal  Reservoir  I nfrastructure.  J.  GWR  P roject.  Groundwater  replenishment  project  to  be  implemented by  I VI RWP CA  and/or  MP WMD  which  involves  advanced treatment  of  wastewater  and the  injection  of  product  replenishment  water  into  the  Seaside  Groundwater  Basin.  This  project  includes  facilities  for  the  treatment,  conveyance,  and injection  of  the  product  replenishment  water.  K.  MRWP CA.  The  Monterey  Regional  Water  P ollution  Control  Agency.  L.  P roduct  Water  P ipeline.  Facilities  used to  convey  potable  water  fromthe  Desalination  I nfrastructure  to  the  Terminal  Reservoir  I nfrastructure  and to  Cal-Am's  existing  distribution  systemat  the  Eardley  P ump  Station.  M.  P roject.  The  Monterey  P eninsula  Water  Supply  P roject  as  proposed in  Application  A.12-04-019,  and as  it  may  be  modified by  the  CP CNissued in  response  to  that  Application.  N.  P ublic  Entity  Members  of  the  Governance  Committee.  The  MP RWA,  the  I VI P WMD,  and the  County.  Cal-Amis  not  a  P ublic  Entity  Member  of  the  Governance  Committee.  0. Raw  Water  P ipeline.  Facilities  used to  convey  feedwater  (i.e.,  raw  water)  fromthe  Source  Water  I nfrastructure  to  the  Desalination  I nfrastructure.  P .  Source  Water  I nfrastructure.  Wells  and appurtenant  facilities  (or  alternative  contingent  intake  facilities)  that  are  used to  extract  and convey  feedwater  (i.e.,  raw  water)  to  the  Raw  Water  P ipeline.  These  facilities  will  include  the  slant  intake  wells  and related appurtenances  (if  permitted)  as  well  as  alternate  contingent  intakes  such  as  a  Ranney  Well  or  open  ocean  intake  as  submitted by  Cal-Amin  its  contingency  plans.  Q.  Terminal  Reservoir  I nfrastructure.  Facilities  used to  pump  and store  potable  water  in  storage  tanks  east  of  the  City  of  Seaside  along  General  JimMoore  Boulevard.  These  facilities  will  include  the  terminal  reservoir,  terminal  reservoir  pump  station,  overflow  facilities  and related appurtenance  needed to  assist  in  the  moving  of  water  to  and fromthe  ASR  I nfrastructure,  other  ASR  facilities,  and P roduct  Water  P ipeline.  R.  Value  Engineer.  The  professional  engineer(s)  to  be  retained by,  or  to  consult  with,  Cal- Amto  performa  value  engineering  analysis  for  the  Desalination  P roject  to  potentially  lower  the  costs  of,  or  maximize  the  value  of,  the  Desalination  P roject  to  Cal-Am's  ratepayers,  including  matters  concerning  the  cost  effectiveness,  performance,  reliability,  quality,  safety,  durability,  effectiveness,  or  other  desirable  characteristics  of  the  Desalination  P roject.  The  P arties  acknowledge  that  the  P roject  is  still  under  development  and several  aspects  of  the  P roject  may  be  modified as  planning  continues  and as  may  be  ordered by  the  CP UC.  I f  necessary  to  address  future  modifications  to  the  P roject,  the  P arties  agree  to  cooperate  in  good faith  to  reach  agreement  to  amend the  definitions  set  forth  herein  as  necessary  to  fulfill  the  purpose  of  this  Agreement.  2  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 47, Packet Page 73 DRAFT  February  21,  2013  —  Subject  to  Revision  Membership  and  Voting  Each  of  the  P ublic  Entity  Members  of  the  Governance  Committee  shall  be  represented on  the  Governance  Committee  by  one  elected official  of  such  entity  and one  alternate  who  shall  also  be  an  elected official.  No  individual  person  may  be  appointed as  the  primary  or  alternate  representative  of  more  than  one  P arty.  I f  MP RWA  ceases  to  exists,  then  the  cities  that  are  members  of  the  MP RWA  at  the  time  of  the  MP RWA's  termination  shall  collectively  choose  a  "city  representative" that  will  take  the  place  of  the  fVI P RWA  representative  on  the  Governance  Committee.  Cal  Amshall  be  represented by  the  P resident  of  Cal-Amor  the  P resident's  alternate,  whomthe  P resident  may  designate  to  act  on  his  or  her  behalf  at  anytime.  The  Governance  Committee  shall  appoint  a  "Chair" and "Vice-Chair" fromthe  primary  (non- alternate)  elected officials  appointed to  the  Governance  Committee.  Each  of  the  P ublic  Entity  Members  of  the  Governance  Committee  shall  have  a  single  equal  vote  in  decision-making.  Cal-Amshall  not  have  a  vote  for  purposes  of  the  issuance  of  decisions  or  recommendations  by  the  Governance  Committee.  However,  Cal-Amshall,  unless  it  abstains  fromdoing  so,  state  its  preference  with  respect  to  any  decision  or  recommendation  made  by  the  Governance  Committee  (the  "Cal-Am  Preference")  at  the  time  that  any  decision  or  recommendation  is  made  by  the  Governance  Committee  and the  Cal-AmP reference  shall  be  recorded within  the  meeting  minutes  together  with  a  summary  of  any  explanation  provided by  Cal-Amfor  the  Cal-AmP reference.  I V.  Powers  A.  P urpose.  The  purpose  and function  of  the  Governance  Committee  shall  be  to:  (i)  consult  with,  advise  and,  in  some  circumstances,  provide  direction  to,  Cal-Amconcerning  the  design,  permitting,  construction,  operations,  maintenance,  repairs,  and replacements  of  the  components  of  the  Desalination  P roject;  and (ii)  serve  as  the  entity  which  Cal-Amregularly  updates  as  to  Desalination  P roject  status  and issues.  The  members  of  the  Governance  Committee  shall  diligently  consider  all  matters  and cause  the  Governance  Committee  to  timely  and promptly  issue  decisions  or  recommendations  brought  before  it  as  provided pursuant  to  the  terms  of  this  Agreement.  B.  Waiver  of  Action.  Upon  motion  and affirmative  vote  of  the  Governance  Committee  (pursuant  to  Section  VI I   of  this  Agreement),  the  Governance  Committee  may  choose  to  waive  its  right  to  issue  a  decision  or  recommendation  with  respect  to  any  matter  for  which  the  Governance  Committee  is  afforded such  right  herein.  The  purpose  of  the  Governance  Committee's  right  to  waive  its  right  to  make  any  specified decision  or  recommendation  herein  is  to  empower  the  Governance  Committee  to  avoid issuing  any  decision  or  recommendation,  which,  in  its  determination,  would violate  any  law,  unreasonably  delay  efforts  to  develop  water  supplies  for  the  Monterey  P eninsula,  or  otherwise  compromise  the  public  interest.  V.  Governance  Committee  Action;  Procedures  A. Matters  Subject  to  Governance  Committee  Action.  Matters  for  consideration,  consultation,  decision,  or  recommendation  by  the  Governance  Committee  shall  be  divided among  three  categories,  with  varying  processes  for  consultation,  recommendations,  and/or  decision-making,  as  follows:  Category  A:  The  Governance  Committee  makes  the  decision  or  recommendation  respecting  the  matter  after  receipt  of  a  written  recommendation  fromCal-Am,  and upon  issuance  of  its  decision  or  recommendation,  the  Governance  Committee  provides  a  written  explanation  of  the  reasons  for  its  decision  to  Cal-Amwithin  seven  (7)  calendar  days  following  its  decision  or  recommendation.  Thereafter,  Cal-Amwill  comply  with  the  decision  or  recommendation  issued by  the  Governance  Committee  so  long  as  the  decision  or  recommendation  is  consistent  with  the  terms  of  this  Agreement.  However,  notwithstanding  any  provision  of  this  Agreement,  for  any  matter  covered by  Category  A  that  relates  to  an  action  which  may  cause  either  a  direct  physical  change  in  the  environment,  or  a  reasonably  foreseeable  indirect  physical  change  in  the  environment,  as  defined by  section  21065 of  the  California  P ublic  Resources  Code,  no  decision  or  recommendation  shall  be  made  by  the  Governance  Committee  as  to  the  subject  matter  unless  3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 48, Packet Page 74 DRAFT  February  21,  2013  —  Subject  to  Revision  and until  such  time  as  the  action  has  been  subject  to  review  by  an  appropriate  agency  in  accordance  with  CEQA.  The  foregoing  provision  shall  not  be  construed as  an  agreement  or  determination  by  or  among  any  of  the  P arties  that  CEQA  applies  to  any  action  of  the  Governance  Committee.  This  Agreement  is  itself  not  a  "project" as  defined by  section  16378 of  the  CEQA  Guidelines  (California  Code  of  Regulations,  Title  14,  Chapter  3)  because  it  is  an  organizational  activity  that  will  not  result  in  direct  or  indirect  physical  changes  in  the  environment  and this  Agreement  makes  no  commitment  to  any  project.  Category  B:  The  Governance  Committee  makes  a  recommendation  respecting  the  matter  after  receipt  of  a  written  recommendation  fromCal-Am.  However,  Cal-Ammay  determine,  at  its  sole  discretion,  whether  or  not  to  follow  the  Governance  Committee's  recommendation,  provided that  if  Cal-Amchooses  not  to  follow  the  recommendation,  Cal-Amshall  provide  a  written  explanation  of  Cal-Am's  reasons  for  its  decision  not  to  follow  the  recommendation  within  ten  (10)  calendar  days  following  the  issuance  of  the  Governance  Committee's  recommendation.  Further,  should Cal-Amchoose  not  to  follow  the  recommendation  of  the  Governance  Committee,  then  any  P arty  may  raise  the  issue  for  review  by  the  CP UCduring  Cal-Am's  next  general  rate  case.  Category  C:  Cal-Ammakes  the  decision  respecting  the  matter  after  receiving  a  recommendation  fromthe  Governance  Committee.  Cal-Amneed not  issue  a  written  explanation  for  its  decision,  although  should Cal-Amchoose  not  to  follow  the  recommendation  of  the  Governance  Committee,  then  any  P arty  may  raise  the  issue  for  review  by  the  CP UCduring  Cal- Am's  next  general  rate  case.  B.  P rocedure  for  Cal-AmNotification.  Whenever  Cal-Amis  presented with,  or  becomes  aware  of,  a  matter  that  falls  within  any  of  the  subjects  identified herein  for  consideration,  consultation,  decision  or  recommendation  by  the  Governance  Committee  that  is  ripe  for  presentation  to  the  Governance  Committee,  Cal-Amshall,  in  writing,  promptly  notify  the  Chair  of  the  Governance  Committee  ("Cal-AmNotification"),  who  shall  schedule  the  matter  for  consideration  by  the  Governance  Committee.  For  purposes  of  this  Agreement,  a  matter  shall  be  deemed ripe  for  presentation  to  the  Governance  Committee  at  such  time  as  either  specified within  the  matters  set  forth  below,  or  for  any  matter  for  which  no  specification  is  provided,  Cal-Amshall  determine  the  time(s)  at  which  the  matter  is  appropriate  for  presentation  for  consultation,  decision,  or  recommendation  by  the  Governance  Committee  consistent  with  the  purpose  of  this  Agreement.  Unless  a  different  period is  specified herein,  for  all  matters  for  which  a  decision  or  recommendation  is  to  be  made  by  the  Governance  Committee,  the  Governance  Committee  shall  issue  its  decision  or  recommendation  within  ten  (10)  calendar  days  following  receipt  of  the  Cal-Am Notification.  I f  the  P ublic  Entity  Members  of  the  Governance  Committee  determine  that  the  Governance  Committee  requires  more  than  the  prescribed time  period provided for  in  this  Agreement  to  act  on  any  matter  that  is  the  subject  of  the  Cal-AmNotification,  the  Chair  of  the  Governance  Committee  may,  within  seven  (7)  calendar  days  following  receipt  of  the  Cal-AmNotification,  request  a  reasonable  extension  of  time  by  written  request  to  Cal-Am,  and Cal-Amand the  P ublic  Entity  Members  of  the  Governance  Committee  shall  cooperate  in  good faith  to  agree  upon  and set  a  reasonable  alternative  deadline  for  action  on  the  subject  matter  to  the  extent  that  such,  an  extension  would not  unreasonably  delay  the  P roject,  not  unreasonably  delay  required CP UCfilings  by  Cal-Am,  or  otherwise  compromise  the  public  interest.  So  as  to  avoid undue  delay,  if  the  Governance  Committee  fails  to  make  any  decision  or  provide  any  recommendation  upon  any  matter  brought  before  it  (including  all  Category  A  decisions)  on  or  before  the  expiration  of  the  prescribed period for  action  by  the  Governance  Committee  (or  the  period of  any  extension  agreed to  by  Cal-Am),  or  if  the  Governance  Committee  affirmatively  waives  its  right  to  make  a  decision  or  recommendation  respecting  a  matter  before  it,  then  Cal-Ammay  make  the  subject  decision  without  a  decision  or  recommendation,  as  applicable,  by  the  Governance  Committee.  C.  Cal-AmStatus  P resentations  and Governance  Committee  Recommendations    Thereon.  At  each  meeting  of  the  Governance  Committee,  Cal-Amshall  provide  a  report  as  to  the  status  of  the  P roject,  which  shall  be  presented by  one  or  more  individuals  knowledgeable  about  the  material  aspects  of  the  P roject.  Upon  reasonable  advance  written  notice,  the  Governance  Committee  may  request  that  Cal-Aminclude  within  its  status  presentation  to  the  Governance  Committee  the  status  of  any  matter  that  is  set  forth  in  any  of  the  three  categories  for  decision,  recommendation,  or  consultation  established 4  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 49, Packet Page 75 DRAFT  February  21,  2013  —  Subject  to  Revision  below,  together  with  an  explanation  of  any  pending  or  soon-to-be-pending  decisions  or  options  concerning  the  subject  matter.  The  Governance  Committee  may  issue,  in  writing,  any  recommendation  concerning  a  subject  matter  included within  Cal-Am's  presentation.  Cal-Ammay  determine,  at  its  sole  discretion,  whether  or  not  to  follow  the  recommendation,  provided that  if  Cal-Amchooses  not  to  follow  the  recommendation  and the  subject  matter  is  a  matter  covered by  either  Category  A  or  Category  B,  Cal-Am shall,  within  ten  (10)  calendar  days  following  issuance  of  the  Governance  Committee's  recommendation,  provide  a  written  explanation  of  the  reason(s)  for  Cal-Am's  decision  not  to  follow  the  recommendation.  I f  the  subject  matter  is  a  matter  covered by  Category  Cor  is  not  set  forth  within  any  of  the  three  categories  set  forth  below,  Cal-Amneed not  issue  a  written  explanation  of  Cal-Am's  reasons  for  its  decision  not  to  follow  the  recommendation.  D. Categories  for  Matters  Subject  to  Governance  Committee  Action.  Matters  for  consideration,  consultation,  decision,  or  recommendation  by  the  Governance  Committee  shall  be  divided among  the  following  three  categories  as  follows:  Category  A  1.  This  matter  concerns  the  "GWR  Recommendation," which  specifically  is  whether  Cal-Amshall:  (i)  pursue  a  water  purchase  agreement,  acceptable  to  Cal-Am,  for  the  purchase  of  water  fromthe  GWR  P roject,  and consequently  Cal-Amshall  develop  smaller  Desalination  I nfrastructure  with  a  capacity  of  approximately  6.4  MGD  (or  as  specified in  the  CP CN);  or  (ii)  forgo  the  pursuit  of  a  water  purchase  agreement  for  the  GWR  P roject,  and consequently  Cal-Amshall  develop  larger  Desalination  I nfrastructure  with  a  capacity  of  approximately  9.6 MGD  (or  as  specified in  the  CP CN).  I f  the  GWR  Recommendation  becomes  ripe  for  recommendation,  as  specified in  the  paragraph  below,  before  a  CP CNis  issued upon  Application  A.12-04-019,  the  Governance  Committee  shall  not  issue  any  binding  recommendation  concerning  the  GWR  Recommendation.  I f  the  GWR  Recommendation  becomes  ripe  for  recommendation,  as  specified in  the  paragraph  below,  after  a  CP CNis  issued upon  Application  A.12-04- 019,  the  Governance  Committee  shall  decide  whether  to  recommend that  Cal-Ampursue  the  GWR  P roject  or  riot  (as  set  forth  above),  which  recommendation  shall  then  be  subject  to  CP UCapproval  or  rejection  pursuant  to  the  procedure  specified herein.  The  Governance  Committee  shall  make  this  recommendation  based upon  criteria  to  be  mutually-agreed to  by  the  P arties,  negotiating  in  good-faith,  after  the  execution  of  this  Agreement.  The  GWR  Recommendation  shall  become  ripe  for  a  recommendation  to  be  made  by  the  Governance  Committee  (i)  no  earlier  than  the  date  Cal-Amaccepts  the  30%Design  fromthe  contractor  retained for  the  design  of  the  Desalination  I nfrastructure,  (ii)  no  later  than  that  date  upon  which  Cal-Amis  prepared to  issue  a  notice  to  proceed to  a  contractor  to  commence  construction  of  the  Desalination  I nfrastructure,  (iii)  after  the  CEQA  lead agency  has  certified the  environmental  impact  report  for  the  GWR  P roject  and approved the  GWR  P roject,  and (iv)  while  there  is  sufficient  time  for  the  GWR  Recommendation  to  be  made  and for  the  CP UCto  review  and approve  that  recommendation,  without  otherwise  delaying  the  P roject.  The  GWR  Recommendation  shall  be  made  by  the  Governance  Committee,  in  writing  with  an  explanation  of  the  reasons  for  its  decision,  within  sixty  (60)  days  following  receipt  of  the  Cal-AmNotification  concerning  this  matter.  The  recommendation  issued by  the  Governance  Committee  shall  be  submitted by  Cal-Amto  the  CP UCfor  approval  or  rejection  pursuant  to  a  Tier  2  Advice  Letter  (or  at  the  direction  of  the  CP UC,  an  alternate  formof  submission)  within  ten  (10)  calendar  days  following  issuance  of  the  GWR  Recommendation  by  the  Governance  Committee  for  the  CP UC's  review  and approval.  To  avoid undue  delay  of  the  P roject,  and notwithstanding  the  ripeness  of  the  GWR  Recommendation  as  described above,  if  on  the  date  that  is  ninety  (90)  days  prior  to  the  date  upon  which  Cal-Amanticipates  being  prepared to  issue  a  notice  to  proceed to  a  contractor  to  commence  construction  of  the  Desalination  I nfrastructure,  no  public  agency  has  issued a  resolution  or  order  that  declares  that  it  is  prepared to  issue  a  notice  to  proceed to  a  contractor  to  commence  construction  of  the  GWR  P roject,  then  Cal-Ammay  make  the  decision  with  respect  to  the  GWR  Recommendation,  in  its  sole  discretion,  without  soliciting  or  obtaining  the  GWR  Recommendation  fromthe  Governance  Committee.  2.  The  Governance  Committee  shall  select  a  Value  Engineer(s)  to  facilitate  and report  on  the  proposed value  engineering  for  the  Desalination  P roject,  with  consideration  given  to  any  5 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 50, Packet Page 76 DRAFT  February  21,  2013  —  Subject  to  Revision  recommended engineer  submitted by  any  member  of  the  Governance  Committee.  Cal-Amshall  conduct  the  procurement  for  the  Value  Engineer  and,  consistent  with  the  processes  set  forth  in  Categories  B(1),  B(2)  and C(2)  relating  to  Contracts,  seek recommendations  fromthe  Governance  Committee  for  the  contract  between  Cal-Amand the  Value  Engineer.  After  reviewing  the  results  of  the  procurement  process,  the  Governance  Committee  shall  decide  which  engineer  is  to  be  retained by  Cal-Amas  the  Value  Engineer  for  the  Desalination  P roject.  This  matter  shall  be  ripe  for  decision  before  Cal-Amaccepts  the  30%Design  fromthe  contractor  retained for  the  design  of  the  Desalination  I nfrastructure,  or  at  any  other  time  that  Cal-Amintends  to  retain  a  Value  Engineer  for  any  other  infrastructure  constructed as  a  component  of  the  Desalination  P roject.  3.  Subsequent  to  the  issuance  of  the  CP CNand subsequent  to  the  selection  of  any  design-build contractor(s)  for  the  Desalination  I nfrastructure,  the  Governance  Committee  may  issue  decisions  concerning  architectural  renderings  for  the  Desalination  P roject.  The  Governance  Committee  shall  be  presented with  architectural  renderings  for  decisions  regarding  the  same  when  such  architectural  renderings  are  complete  and upon  any  subsequent  modifications  thereto.  The  Governance  Committee  may  also,  in  its  discretion,  appoint  a  representative  to  consult  with  Cal-Amregarding  other  external  features  or  aesthetics  of  the  Desalination  P roject.  Upon  a  determination  of  the  Governance  Committee  or  its  representative,  the  Governance  Committee's  representative  and Cal-Amshall  present  to  the  Governance  Committee  options  pertaining  to  the  Desalination  P roject's  external  feature  or  aesthetics,  upon  which  the  Governance  Committee  may  decide  which  option  to  pursue.  Notwithstanding  any  provision  of  this  paragraph,  the  Governance  Committee  may  not  issue  a  binding  decision  concerning  the  Desalination  I nfrastructure's  architectural  renderings,  or  the  Desalination  P roject's  external  features 1  or  aesthetics,  if  the  decision  would in  the  opinion  of  the  design-build contractor,  increase  the  capital  or  operational  cost  of  the  Desalination  I nfrastructure.  4.  Subsequent  to  the  issuance  of  the  CP CN,  the  Governance  Committee  may  issue  decisions  concerning  procurement  of  alternative  (non-P acific  Gas  &Electric)  energy  supplies  for  the  Desalination  I nfrastructure,  including  but  not  limited to  waste-to-energy,  so  long  as  such  decisions  result  in  lowering  the  Desalination  I nfrastructure's  estimated unit  price  for  power.  This  matter  shall  be  ripe  for  decision  at  any  time  a  formal  written  proposal  concerning  alternative  power  is  presented by  one  or  more  of  the  P arties  for  consideration.  Category  B  1.  P rior  to  the  issuance  of  a  request  for  qualifications,  request  for  proposals,  or  request  for  bids,  as  applicable,  relating  to  the  procurement  of  a  Contract,  the  Governance  Committee  may  recommend qualifications  and selection  criteria  for  such  Contract.  2.  P rior  to  the  execution  of  any  Contract  not  executed on  or  before  the  date  that  is  thirty  (30)  calendar  days  after  the  effective  date  of  this  Agreement,  and upon  presentation  and recommendation  by  Cal-Amto  the  Governance  Committee  after  Cal-Amhas  reviewed and evaluated proposals  or  bids,  as  applicable,  and negotiated with  the  contractor  a  Contract  that,  in  the  opinion  of  Cal- Am,  is  ready  for  execution  by  and between  Cal-Amand the  contractor,  the  Governance  Committee  may  recommend which  contractor  should be  retained under  the  Contract,  and issue  any  recommendations  concerning  the  terms  of  the  final  Contract.  When  presenting  a  Contract  to  the  Governance  Committee  for  its  consideration  and recommendation,  Cal-Amshall  provide  to  the  Governance  Committee  a  copy  of  all  responsive  proposals  or  bids  received for  the  pertinent  work,  except  for  any  proprietary  information  provided by  contractors  submitting  responsive  proposals  or  bids,  together  with  a  written  description  of  the  process  Cal-Amundertook to  select  a  recommended Contractor,  a  summary  of  the  considerations  that  Cal-Amdeems  pertinent  to  support  its  recommendation,  and any  other  information  that  Cal-Ambelieves  will  assist  the  Governance  Committee  in  its  review  of  the  recommended Contract  and contractor.  3.  The  Governance  Committee  may  review  and issue  recommendations  concerning  major  changes  to  the  Desalination  P roject  at  key  stages  of  the  design  process,  including:  Basis  of  Design  6 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 51, Packet Page 77 DRAFT  February  21,  2013  —  Subject  to  Revision  O 30%Design  O 60%Design  O 90%Design,  and O Final  Design  As  used in  this  paragraph,  major  changes  to  the  P roject  shall  include  changes  having  an  increase  or  decrease  in  costs  of  the  Desalination  P roject  that  exceed $1  million.  4.  The  Governance  Committee  may  issue  recommendations  concerning  the  establishment  of  a  community  outreach  program.  5.  The  Governance  Committee  may  recommend the  Desalination  P roject's  aesthetic  attributes  and design  consistent  with  community  values  if  not  covered by  Category  A(3)  above;  6.  The  Governance  Committee  may  coordinate  with  Cal-Amand recommend solutions  to  issues  concerning  the  use  of  the  Brine  Discharge  I nfrastructure;  7.  The  Governance  Committee  may  review  and recommend whether  to  adopt  any  value  engineering  recommendations  issued by  the  Value  Engineer;  8.  The  Governance  Committee  may  review  and recommend whether  to  approve  any  change  order  pertaining  to  any  component  or  components  of  the  Desalination  P roject,  if  the  change  order  exceeds  $1  million.  Category  C  1.  Cal-Amshall  monitor  the  design,  engineering,  and permitting  of  all  elements  of  the  Desalination  P roject,  and report  on  such  monitoring  to  the  Governance  Committee  as  described in  Section  VI .  The  Governance  Committee  shall  discuss  Cal-Am's  report  and may  issue  recommendations  to  Cal-Ampertaining  to  the  Desalination  P roject;  2.  P rior  to  Cal-Am's  commencement  of  negotiations  with  a  selected contractor  relating  to  a  Contract,  the  Governance  Committee  may  review  and issue  recommendations  concerning  contract  terms  relating  to  such  Contract;  3.  The  Governance  Committee  may  review  and issue  recommendations  concerning  the  preparation  and quarterly  update  of  an  overall  construction  budget  for  the  Desalination  P roject;  4.  The  Governance  Committee  may  review  and issue  recommendations  concerning  a  plan  for  acceptance  testing,  including  follow-up  reporting,  for  the  Desalination  P roject;  5.  The  Governance  Committee  may  annually  review  and issue  recommendations  concerning  the  Desalination  P roject  operations  and maintenance  budget  and rate  impacts;  6.  The  Governance  Committee  may  review  and issue  recommendations  to  Cal-Am with  respect  to  local  and regional  permit  requirements;  and 7.  The  Governance  Committee  may  review  and issue  recommendations  concerning  the  preparation  of  quarterly  progress  reports  during  major  design  milestones  (i.e.,  30%design,  60% design,  90%design,  and final  design)  and information  on  any  material  challenges  to  the  P roject  design.  E. Additional  Matters.   I f  agreed unanimously  by  all  members  of  the  Governance  Committee,  including  Cal-Am,  additional  matters  not  provided for  herein  may  be  added to  Category  A  for  decision  or  recommendation  by  the  Governance  Committee  or  to  Category  B  for  recommendation  from the  Governance  Committee.  Additional  matters  may  also  be  added to  Category  Cfor  recommendation  7 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 52, Packet Page 78 DRAFT  February  21,  2013  —  Subject  to  Revision  fromthe  Governance  Committee  upon  affirmative  vote  of  the  Governance  Committee  unless  Cal-Am determines  that  the  addition  of  the  matter  to  Category  Cwould unreasonably  delay  the  P roject  or  otherwise  compromise  the  public  interest.  I f  Cal-Amdetermines  that  a  matter  affirmed by  the  Governance  Committee  for  addition  to  Category  Cshould not  be  so  added,  Cal-Amshall  issue  a  written  explanation  to  the  Governance  Committee  within  ten  (10)  calendar  days  following  the  Governance  Committee's  vote  to  add the  matter  to  Category  Cthat  explains  the  reasons  supporting  Cal-Am's  determination.  VI .  Meetings  and  Action  of  the  Governance  Committee;  Agendas  and  Minutes  A.  Meetings.  Governance  Committee  meetings  shall  be  conducted in  compliance  with  the  Ralph  M.  Brown  Act  (Government  Code  sections  54950,  et  seq.).  The  first  meeting  of  the  Governance  Committee  shall  be  scheduled by  the  primary  representative  of  the  MP WMD,  and that  representative  shall  preside  over  the  first  meeting  at  which  a  Chair  and Vice-Chair  shall  be  selected.  Thereafter,  the  Chair,  or  in  his  or  her  absence,  the  Vice-Chair,  shall  schedule  and preside  over  all  meetings  of  the  Governance  Committee.  During  the  pre-construction  and construction  phases  of  the  Desalination  P roject,  regular  meetings  of  the  Governance  Committee  shall  be  scheduled by  the  Chair,  or  in  his  or  her  absence,  the  Vice-Chair,  and held on  a  monthly  basis.  During  the  operational  phase  of  the  Desalination  P roject,  regular  meetings  of  the  Governance  Committee  shall  be  scheduled by  the  Chair,  or  in  his  or  her  absence,  the  Vice-Chair,  and held on  a  quarterly  basis  for  the  first  two  years  of  the  Desalination  P roject's  operation  and semi-annually  thereafter.  Special  meetings  of  the  Governance  Committee,  including  for  purposes  of  responding  to  a  Cal-AmNotification,  may  be  called by  the  Chair,  or  in  his  or  her  absence,  the  Vice-Chair,  or  by  any  member  of  the  Governance  Committee  upon  request  of  the  Chair,  or  in  his  or  her  absence,  the  Vice-Chair.  B.  Action  by  the  Governance  Committee.   All  decisions  and recommendations  of  the  Governance  Committee  issued to  Cal-Amshall  be  in  writing,  signed by  the  Chair  or  Vice-Chair.  All  other  actions  of  the  Governance  Committee  shall  be  by  motion  recorded in  written  minutes.  C.  Agendas,  Correspondence,  and Minutes.   Agendas,  correspondence,  and minutes  of  the  meetings  of  the  Governance  Committee  shall  be  taken,  maintained,  and distributed by  a  designated staff  member  of  the  MP WMD.  VI I .  Quorum  and  Affirmative  Action  of  the  Governance  Committee  To  constitute  a  quorumat  all  meetings  of  the  Governance  Committee  for  the  transaction  of  business,  the  primary  or  alternate  elected official  representative  of  at  least  three  of  the  P arties  must  be  present,  in  person.  Action  by  the  Governance  Committee  shall  require  the  affirmative  vote  of  at  least  two  of  the  three  P ublic  Entity  Members  of  the  Governance  Committee.  VI I I .  Submission  of  Project  I nformation  to  the  Governance  Committee;  Project  I nspections  Concurrent  with  Cal-Am's  submission  of  any  documents  concerning  the  P roject  to  the  CP UC,  Cal-Am shall  provide  a  copy  of  the  documents  (in  paper  or  electronic  form)  to  the  Chair  of  the  Governance  Committee.  The  Chair  may  notice  a  meeting  on  his  or  her  own  initiative,  or  upon  the  request  of  any  member  of  the  Governance  Committee  to  review  any  financial  matter  addressed by  the  documents.  Cal- Am,  upon  request  of  the  Chair  of  the  Governance  Committee,  shall  be  afforded an  opportunity  to  provide  a  presentation  or  any  oral  explanation  relating  to  the  noticed financial  matter.  Further,  upon  reasonable  advanced,  written  notice  and subject  to  safety  and security  concerns  and precautions  as  determined in  good faith  by  Cal-Am,  any  member(s)  of  the  Governance  Committee  may  inspect  any  physical  facility  or  structure  constructed or  being  constructed as  an  element  of  the  Desalination  P roject,  and Cal-Amshall  provide  an  employee,  consultant,  or  other  representative,  who  is  knowledgeable  of  the  aspects  and elements  of  the  physical  facility  or  structure,  to  accompany  the  member(s)  of  the  Governance  Committee  during  the  inspection.  I X.  Term  and  Termination  of  Agreement  8 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 53, Packet Page 79 DRAFT  February  21,  2013  —  Subject  to  Revision  This  Agreement  shall  continue  in  effect  until  the  earlier  of  (1)  the  date  that  is  forty  (40)  years  after  the  effective  date  of  this  Agreement  (February  ,  2053),  or  (2)  the  date  that  Cal-Amceases  to  operate  the  Desalination  P roject,  the  earlier  such  date  to  be  known  as  the  "Expiration  Date".  Further,  this  Agreement  may  be  terminated,  prior  to  the  Expiration  Date,  as  follows:  (1)  by  Cal-Am,  following  the  issuance  of  an  order  fromthe  CP UCordering  Cal-Amnot  to  participate  in  this  Agreement,  as  provided for  in  Section  I   above;  (2)  by  Cal-Am,  if  the  CP UCdenies  or  rescinds  Application  A.12-04-019  or  denies  Cal-Am's  development  of,  or  subsequently  rescinds  Cal-Am's  authority  to  develop,  the  Desalination  P roject;  or  (3)  by  the  written  agreement  of  no  less  than  three  of  the  four  members  of  the  Governance  Committee.  I f,  on  August  •,  2052,  the  Desalination  P roject  is  still  being  operated by  Cal-Am,  the  P arties  shall,  within  thirty  days  thereafter,  meet  and commence  negotiations  in  good faith  to  seek a  renewal  of  this  Agreement,  upon  mutually  acceptable  terms,  to  provide  continued public  oversight  and input  concerning  the  operation,  maintenance,  repair,  modification,  and/or  replacement  of  the  Desalination  P roject  after  the  Expiration  Date.  I f  this  Agreement  is  terminated by  Cal-Amas  a  result  of  a  CP UCorder  denying  or  rescinding  Application  A.12-04-019  or  Cal-Am's  authority  to  develop  the  Desalination  P roject,  but  Cal-Am intends  to  seek CP UCapproval  to  develop  a  substitute  project  to  provide  water  supplies  for  its  Monterey  District,  then  the  P arties  shall  meet  and negotiate  in  good faith  to  seek agreement,  upon  mutually  acceptable  terms,  for  a  substitute  agreement  to  provide  public  oversight  and input  concerning  the  design,  permitting,  construction,  operation,  maintenance,  repair,  modification,  and/or  replacement  of  such  substitute  project.  X.  Miscellaneous  A.  Further  Assurances.  The  P arties  shall  execute  such  further  documents  and do  any  and all  such  further  things  as  may  be  necessary  to  implement  and carry  out  the  intent  of  this  Agreement.  B.  Construction.  The  provisions  of  this  Agreement  shall  be  liberally  construed to  effectuate  its  purposes.  The  language  of  this  Agreement  shall  be  construed simply  according  to  its  plain  meaning  and shall  not  be  construed for  or  against  any  P arty,  as  each  P arty  has  participated in  the  drafting  of  this  Agreement  and had the  opportunity  to  have  their  counsel  review  it.  C.  Choice  of  Law.  This  Agreement  shall  be  governed and construed under  the  laws  of  the  State  of  California,  with  venue  proper  only  in  Monterey  County.  D.  Severabilitv.  I f  any  termor  provision  of  this  Agreement  is  determined to  be  illegal,  unenforceable,  or  invalid in  whole  or  in  part  for  any  reason,  such  illegal,  unenforceable,  or  invalid provision  or  part  thereof,  shall  be  stricken  fromthis  Agreement,  and such  provision  shall  not  affect  the  legality,  enforceability,  or  validity  of  the  remainder  of  this  Agreement.  I f  any  provision  or  part  of  this  Agreement  is  stricken  in  accordance  with  the  provisions  of  this  section,  then  the  stricken  provision  shall  be  replaced,  to  the  extent  possible  and as  agreed to  by  the  P arties,  with  a  legal,  enforceable  and valid provision  that  is  as  similar  in  content  to  the  stricken  provision  as  is  legally  possible.  E.  Dispute  Resolution.  I f  a  dispute  arises  between  two  or  more  of  the  P arties  relating  to  this  Agreement,  or  the  rights  and obligations  arising  therefrom,  and if  the  P arties  in  dispute  are  unable  to  resolve  the  controversy  through  informal  means,  the  P arties  in  dispute  may,  upon  mutual  agreement,  submit  the  dispute  to  mediation,  upon  terms  mutually  agreed to  by  the  P arties  in  dispute.  Any  P arty  not  in  dispute  as  to  the  disputed matter  shall  be  afforded an  opportunity  to  participate  in  the  mediation.  I n  addition,  if  the  P arties  in  dispute  are  unable  to  resolve  the  controversy  through  mediation,  the  P arties  in  dispute  may,  upon  mutual  agreement,  submit  the  dispute  to  binding  arbitration,  upon  terms  mutually  agreed to  by  the  P arties  in  dispute.  Any  P arty  not  in  dispute  as  to  the  disputed matter  may,  upon  the  mutual  agreement  of  the  P arties  in  dispute,  be  invited to  participate  in  any  binding  arbitration.  F.  Members  to  Bear  their  Own  Costs.  Each  P arty  shall  bear  its  own  costs  relating  to  the  rights  and obligations  of  each  P arty  arising  fromthis  Agreement  and its  participation  in  the  Governance  Committee  and,  therefore,  no  P arty  shall  be  entitled to  any  reimbursement  fromanother  P arty  as  a  result  of  any  provision  of  this  Agreement.  9 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 54, Packet Page 80 DRAFT  February  21,  2013  —  Subject  to  Revision  G. Notices  and Communication.  Any  notice  or  communication  hereunder  shall  be  deemed sufficient  if  given  by  one  P arty  to  another  P arty  or  P arties,  as  appropriate,  in  writing  and either  (1)  delivered in  person,  (2)  transmitted by  electronic  mail  and acknowledgment  of  receipt  is  made  by  the  receiving  P arty(ies),  (3)  deposited in  the  United States  mail  in  a  sealed envelope,  certified and with  postage  and postal  charges  prepaid,  or  (4)  delivered by  a  nationally-recognized overnight  delivery  courier  service,  and addressed as  follows:  I f  to  Cal-Am:  with  a  copy  to:  I f  to  the  MP RWA:  with  copies  to:  California-American  Water  Company  Attn:  Robert  MacLean  P resident  1033  B  Avenue,  Suite  200  Coronado,  CA  92118 Email:  
[email protected] California-American  Water  Company  Attn:  Anthony  Cerasuolo  Vice  P resident  - Legal  1033  B  Avenue,  Suite  200  Coronado,  CA  92118 Email:  acerasuoloamwater.com  Monterey  P eninsula  Regional  Water  Authority  Attn:  Lesley  Milton  Clerk City  of  Monterey  351  Madison  St.  Monterey,  CA  93940  miltonAmonterey.orq Monterey  P eninsula  Regional  Water  Authority  Attn:  Donald Freeman  General  Counsel  West  Side  of  San  Carlos  &8th  P .O.  Box 805 Carmel,  CA  93921  
[email protected] Monterey  P eninsula  Regional  Water  Authority  Attn:  Russell  McGlothlin  Special  Counsel  21  E.  Carrillo  St.,  Santa  Barbara,  CA  93101  
[email protected] I f  to  the  MP WI VI D:  with  a  copy  to:  Monterey  P eninsula  Water  Management  District  Attn:  David J.  Stoldt  General  Manager  5 Harris  Court  —  Bldg  G Monterey,  CA  93940  Email:  
[email protected]  Monterey  P eninsula  Water  Management  District  Attn:  David C.  Laredo  General  Counsel  5 Harris  Court  —  Bldg  G Monterey,  CA  93940  10  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 55, Packet Page 81 DRAFT  February  21,  2013  —  Subject  to  Revision  I f  to  the  County:  dave(W,laredolaw.net  County  of  Monterey  Board of  Supervisors  CI OClerk of  the  Board of  Supervisors  168 West  Alisal  Street  1 5`  Floor  Salinas,  CA,  93901  112-clerkoftheboardeveryoneco.monterey.ca.us    with  a  copy  to:  Monterey  County  Counsel  Attn:  Charles  J.  McKee  168 West  Alisal  Street  3rd Floor  Salinas,  CA  93901  
[email protected]  or  to  such  other  address  or  to  such  other  person  as  each  P arty  shall  have  last  designated for  receipt  of  notices  pursuant  to  this  Agreement.  Where  this  Agreement  provides  for  written  notices  or  communication  fromCal-Amto  the  Governance  Committee,  such  written  notice,  explanation,  or  communication  shall  be  directed to  the  Chair  of  the  Governance  Committee  at  the  address  set  forth  above  for  notices  to  the  public  entity  fromwhich  the  Chair  is  appointed,  and when  provided shall  be  deemed provided to  all  P ublic  Entity  Members  of  the  Governance  Committee.  The  effective  date  of  any  written  notice,  explanation,  or  communication  shall  be  the  earlier  of  the  date  of  actual  receipt,  acknowledgment  of  receipt,  or  three  days  following  deposit  in  the  United States  mail.  H.  Successors  and Assigns.  This  Agreement  shall  be  binding  on  and shall  inure  to  the  benefit  of  the  P arties  and their  respective  legal  representatives,  successors,  and assigns.  I .  No  Third P arty  Rights.  Nothing  in  this  Agreement,  whether  express  or  implied,  is  intended to  confer  any  rights  or  remedies  under  or  by  reason  of  this  Agreement  on  any  persons  other  than  the  P arties  to  this  Agreement  and their  respective  successors  and assigns,  nor  shall  any  provision  in  this  Agreement  give  any  third persons  any  right  of  subrogation  or  action  over  or  against  any  P arty  to  this  Agreement.  J.  Effective  Date.  This  Agreement  shall  take  effect  on  date  first  stated above.  I N  WI TNESS  WHEREOF,  the  P arties  have  executed this  Agreement  as  of  the  date  first  stated above.  [signature page follows]  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 56, Packet Page 82 DRAFT  February  21,  2013  —  Subject  to  Revision  California-American  Water  Company By:  Robert  MacLean,  P resident  Monterey  P eninsula  Regional  Water  Authority By:  Chuck Della  Sala  P resident  Agreed as  to  form:  By:  Donald Freeman  General  Counsel  Monterey  P eninsula  Water  Management  District By:  David P endergrass  Chair  Agreed as  to  form:  By:  David Laredo  General  Counsel  County  of  Monterey  By:  Fernando  Armenta  Chair  of  the  Board of  Supervisors  Agreed as  to  form:  By:  Charles  McKee  County  Counsel  12  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 57, Packet Page 83 1T2  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 58, Packet Page 84 Monterey Peninsula Regional Water Authority (MPRWA)  Deliberative Document  The Water Authority considered and adopted this position statement as direction to  our staff and consultants in preparing PUC testimony due February  22nd,   2013. This  position is adopted now,  in advance of a completed EIR and in recognition that more  information will be forthcoming,  because the PUC decision process is underway and  the Water Authority seeks to have a voice in that process. This document was  adopted at the January 31,  2013 MPRWA Special Meeting.  Position Statement:  Reiterate our support for a portfolio approach. This includes GWR,  ASR,  and PG  small projects,  all of which have public ownership,  in addition to a desal project  described here.  Reference our previously adopted policy points regarding public contribution.  Any project must meet four basic criteria:  1.  Project economics must be competitive.  2.  Project must have suitable public governance,  public accountability and  public transparency.  3.  Project must have clear path to permitting and constructing the facility as  near to the CDO deadline as feasible.  4.  Project must have contingency plans to address significant technical,   permitting and legal risks.  None of the three projects (Cal-Am,  Deepwater Desal or DWD,  or People's Moss  Landing or PML) as proposed meet these criteria. Therefore,  none of the three  projects as proposed warrant Water Authority support. However,  at this time Cal- Am's proposed project appears to be closest to meeting these four criteria. Cal-Am's  Project would earn our support if Cal-Am makes certain modifications.  Consequently,  the Authority's support for the Cal-Am Project is subject to the  following conditions:  1.  Cal-Am must accept a significant contribution of public funds. Without the  interest rate advantages afforded by such approach,  the costs of water from  the Cal-Am Project will be materially higher,  and likely substantially in excess  of the cost of water from the alternative projects. A significant contribution of  public funds will avoid such an unwarranted expense to Cal-Am's rate  payers;  2.  Cal-Am must agree,  upon mutually-acceptable terms,  to form a Governance  Committee to provide publicly-accountable oversight of the project;  3.  Cal-Am must diligently seek to secure lower electricity rates for the project  (e.g.,  $0.08-$0.09 cents/kWh as most recently estimated by Cal-Am)  including agreement to purchasing power through a municipal electrical  utility,  generation of on-site power if necessary,  other public entity or other  source of low-cost power;  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 59, Packet Page 85 Monterey Peninsula Regional Water Authority (MPRWA)  4. Cal-Am must agree to limit the use of revenue from Cal-Am's Surcharge 2 to  reduce risk to Cal-Am ratepayers in the event the Cal-Am project does not  move forward. For example,  Cal-Am could agree only to use Surcharge 2 to  fund lower risk parts and phases of the project (such as only the construction  phase after the issuance of a Coastal Development Permit from the Coastal  Commission) or could provide other mechanisms of reducing the risk to Cal- Am ratepayers.  S. To promptly address concerns pertaining to Cal-Am's proposed intake wells,   Cal-Am must:  o  Address or cause to be address all issues raised in the December 2012  Tim Durbin testimony;  o  proceed with the planned test wells and any other advanced  geotechnical work to support the proposed intake wells as soon as  practically feasible;  o  collaborate with local public agencies to advance permitting efforts  with other responsible agencies,  including the California Coastal  Commission;  o  seek to clarify whether the installation of Cal-Am's intake wells will  require approval from any federal agency,  which would,  in turn,   require NEPA compliance; and  6. Continue to explore and advance alternative intake strategies as a  contingency if Cal-Am's proposed intake wells prove legally or technically  infeasible.  o  Cal-Am must fully develop a contingency plan or plans and implement  that plan or those plans for source water that do not involve wells in  the Salinas Basin. This must be done concurrently along with Cal-Am  planning and testing of slant wells.  7.  Cal-Am must show something in writing from the State demonstrating its  ability to secure SRF financing. Absent such a document,  the Water Authority  will work with the Water Management District to secure SRF financing as  public agencies. Cal-Am must accept a public agency partner for SRF  purposes if necessary,  even if doing so results in a reduction in Cal-Am's  equity position.  8.  Cal-Am must address questions about sea level rise and coastal erosion with  respect to the placement and longevity of theirproposed slant wells. Coastal  sands are also prone to liquefaction in seismic events and coastal facilities  are susceptible to damage from tsunami events as well.  If Cal-Am meets the above conditions,  the Authority conditionally supports the Cal- Am Project because:  1. Cal-Am's desal project size appears to be consistent with the Water  Authority's position of focusing on water for "replacement and  replenishment" including lots of record and economic rebound and  accommodates the policy desire to pursue a portfolio of projects to meet the  needs of our communities,  thereby reducing the risk associated with any  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 60, Packet Page 86 Monterey Peninsula Regional Water Authority (MPRWA)  project failing or being delayed. The Coastal Commission identifies proposed  projects with a "defined service area with a known level of build-out" as  involving an "easier" review while projects with an "unknown or extensive  service area" as involving a "more difficult" review. Cal-Am's project would  involve this "easier" review while DWD would involve a "more difficult"  review.  2.  Cal-Am's project,  DWD project and PML project are all in the planning stage  although Cal-Am's project is the most "advanced" according to both SPI and  the TAC.  3.  permitting agencies will require the "least environmentally harmful feasible  alternative" for source water intake. The Coastal Commission states that a  subsurface intake (such as Cal-Am's proposed slant wells) involve an "easier"  review while an open-water intake involves a "more difficult" review. State  Water Board staff likely will recommend that subsurface is "preferred." If  subsurface is not feasible,  consider Track 2 (infiltration galleries or open  water intake). It is unlikely that open water intake will be permitted unless  test slant wells have shown subsurface intake to be infeasible. Any project  must therefore include a test slant well. Only Cal-Am's project proposes to do  so.  4.  only Cal-Am has demonstrated ability to finance a project. Their financing  plan is comprised of four different sources of capital; short-term construction  financing,  Surcharge 2,  SRF,  and equity. Neither of the other two projects  have a detailed financing plan and neither would likely have access to short- term construction financing,  Surcharge 2 or SRF,  all advantageous forms of  financing (Cal-Am offers the short-term construction financing but only for  their project. Surcharge 2 is only permitted for a Cal-Am facility. SRF is  unlikely to be available for open water intake.) We propose to include a  significant public contribution as a fifth source of capital. Doing so would  significantly lower the Net Present Value (NPV) cost of the project.  5.  Cal-Am has the capital necessary to complete the permitting of its project.  Neither of the other projects have demonstrated this ability.  6.  Cal-Am has indicated the potential for securing electricity at $0.087 per kwh  and could possibly purchase electricity at a lower rate through a municipal  electrical utility formed by a local public agency. DWD's proposed municipal  electrical utility involves the City of Salinas and its success is therefore  outside of the direct control of the Water Authority.  7.  the ultimate unit cost of water from the Cal-Am Project in comparison to the  cost of water from the DWD and PML projects are close in amount presuming  a significant public contribution is made to lower the financing costs of the  Cal-Am Project and that Cal-Am secures electricity in the $0.08-0.09 per lcwh  range.  a. SPI estimates that Cal-Am's production cost would be $2, 310/$3, 015  per acre foot for the larger/smaller desal projects respectively if the  cost of financing is brought down to 4% and the cost of electricity is  reduced to $0.087 per kvvh. This is within about 10% of the unit  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 61, Packet Page 87 Monterey Peninsula Regional Water Authority (MPRWA)  production costs of DWD ($2, 100/$2, 670) and is largely due to the  increased cost of slant wells.  b.  The range of these estimates is minus 30% to plus 50%. The TAG  recommends the Water Authority focus its attention on the ranges.  c.  For the larger plant,  the range of the cost per acre foot of Cal-Am's  project with Water Authority conditions is $1617 to $3465. The  corresponding range for DWD is $1470 to $3150.  d.  For the smaller plant,  the range of the cost per acre foot of Cal-Am's  project with Water Authority conditions is $2110 to $4522. The  corresponding range for DWD is $1870 to $4005.  8.  The DWD project involves a "complex" relationship of various entities,   including a municipal electrical utility,  a data center,  the formation of a  regional JPA,  a water purchase agreement with Cal-Am. The Water Authority  is not aware that any of these relationships have been established. This  unresolved complexity leaves more room for possible delay or failure. In  contrast,  Cal-Am's organization structure is described as "good" by SPI.  9.  Both DWD and PML will likely face questions from permitting agencies  regarding the placement of the desalination plant in relationship to the 100  year flood plain and sea level rise. It is unclear how either project will  respond to such questions.  10. The CEQA review for Cal-Am's project is well underway and is being handled  by the Public Utility Commission as the lead agency. Any court challenge to  the CPUC's EIR must be made by a petition directly to the State Supreme  Court (very few petition are granted),  reducing the legal risk of a challenge  and also reducing the likelihood of project delay in comparison to a CEQA  challenge to a project involving a local lead agency. Moreover,  the Authority  reiterates its request that both alternatives be reviewed at a project level  such that no further environmental review would be required if the Cal-Am  project fails in whole or part.  11. The draft Governance Committee agreement strikes the right balance of  ensuring that the most important decisions are either made by public  agencies or are fully informed by recommendations from public agencies.  The draft Governance Committee agreement avoids inserting the public  agencies into decisions that are judged to be better made by a private entity.  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 62, Packet Page 88 XHE  IT 3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 63, Packet Page 89 File .m13-0155 No, 10:3  'St-WTI,  <VP'  crl 4:  •"?  CI 1.   1850'  , onttrey  County  168AA/est Meal Street,  1st Floor  Salinas,  CA 93901  Board Order 831.755500  AgreementNo.: A42392  Upon motion  of Supervisor POttet,  seconded by Supervisor Catcagno, and Oar- tied by thoSe rnernbers  present, the Board of Supetvisors hereby:  “   1.  Approved Agreement to Forth the IvIontereyPeninSUld WaterSiipply PicijeaGoVerna.nce  COMinittee. and :anthoitite the Chair- to exedlite  tlid- - agreeinent.  2.  Appointed Supervisor Potter as a member and .Supervisor Salinas as an alternate to the Governance  Connnittee..  3.  Supported, in concept, the:principles of the Monterey Peninsula Regional WaterAuthotity'S.PoSition  Statement.  PASSED AND ADOPTMloifthis  12th day  of Pebruary  2Q:13, bythelollovving vole; to vit:  AYES: Supervisors Armenta Ca1cagno, Salinas, Potter, and Parker  NOES: •None  ABSENT: None  I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby cetWthat  the foregoing is :a true copy of an original order of said Board of Supervisors duly made and entered' in the .inintites thereof  of  Minute Book 76 for  the  meeting on February 12,2013.  Dated: February 21, 2013 Gail T. 13orkowski, Clerk:Of the Board of Supervisors  FileNumber: 13- 0155 COthifk.of- Monterey, :Sae:a:California  ..  BY   Ai.,  I'  .6.—  Deputy  • -   . .  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 64, Packet Page 90 A  14  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 65, Packet Page 91 SAM FARR  2071,  DISTRICT, CALIFORNIA  COMMITTEE ON APPROPRIATIONS  SuucommrrrErc  •   AGRICULTURE,  RURAL  DEVELOPMENT, FOOD AM,  DRUG Ant,SNIVTRATION, AND RELATED AGENCIES  MluTARY CONSTRUCTION, VETERANS' AFFAIRS,  AND RELATED AGENCIES  CO-CHAM, CONGRESSIONAL ORGANIC CAUCUS  OCROHAIII, CToori uGnIE,SoSati LUTSRAvEL AND  Co• C.Aili, ROUSE OCEANS CAUCUS  toitgregii of tbe Wtliteti tateti  lOottsSe of ReptOentatibefS  VIGa5 iiington, Alc 205 15 -05 20  1126 LunGwonni Housu Orme DuiLnnvc  WASHillsrent.  DC 205 15 -05 20  (202) 225 -2861  100 WEST AUSAL  SAUNAS, CA 93901  (831) 424-2229:  701 OCEAN STREET  Room 316  Sannik CRUZ, CA'98060  (831 (.429-1976  www.(arr.houstr.gov   February 22, 2013  The Honorable Michael Peevey  President  California Public Utilities Commission  5 05  Van Ness Avenue  San Francisco, CA 94102  Dear President Peevey:  I am writing to express my support for the Monterey Peninsula Regional Water Authority's  (MPRWA) position regarding California American Water's application to develop the Monterey  Peninsula Water Supply Project (A, 12-04-019).  The Mayors of the Monterey Peninsula have formed a joint powers authority to represent their  constituents on water issues. In their testimony to the California Public Utilities Commission, the  MPRWA expresses support for California American Water's project, provided it meets various conditions  to strengthen local decision-making, lower rates, provide a diversified portfolio of water sUpply  components, including groundwater replenishment, and finally, take steps to ensure the project stays on  schedule and meets the terms of the State Water Resources Control Board's Cease and. Desist Order. I  believe the conditions the MPRWA has proposed for the project go a long way towards building  community consensus on an issue that has long divided the Monterey Peninsula. I am eager to see a  viable solution move forward and I applaud the mayors for their collective leadership in pressing for  tangible results.  I welcome the CPUC's consideration of the MPRWA's testimony and the broad-based  community and local, agency support-it represents in your important deliberations on our community's  future water supply.  SF/aa  PRINTED ON RECYCLED PAPER  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 66, Packet Page 92 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 67, Packet Page 93 February 20, 2013  The Honorable Jason Burnett  Mayor of Carmel by the Sea  Carmel by the Sea, California  RE: Support for the Monterey Peninsula Regional Water Authority's Conditional Support of  the Monterey Peninsula Water Supply Project  Dear Mr. Mayor,  I am writing to follow-up from our recent call concerning the Monterey Peninsula Water Supply Project  ("Project") proposed by the California-American Water Company ("Cal-Am"), and to specifically express  my support for the position statement recently adopted by the Monterey Peninsula Regional Water  Management Authority ("MPRWA") at its meeting on January 31. I have reviewed the position statement  in full and believe that the conditions set forth therein for the MPRWA to support the Project are  appropriate to protect the public's interest with respect to the Project.  As you know, I have followed the ongoing water supply challenges on the Monterey Peninsula for several  decades and I successfully authored legislation in 1998 (AB 1182) when I represented the Monterey Bay  area in the state assembly, to require the California Public Utilities Commission to develop a viable  alternative water supply project to the now defunct Carmel River Dam proposal. It is my opinion that  numerous past water supply proposals have failed, at least in part, because of the lack of united  community support and leadership for a specific project that is technically and legally viable, cost- effective, and which affords meaningful public participation and oversight. I believe the formation of the  MPRWA and its recent leadership on the proposed Project may now assist in achieving a successful  project provided that the conditions set forth in MPRWA's position statement are adopted and pursued.  I   wish the MPRWA success in achieving these goals. Please feel free to express my support for the  MPRWA's position statement and to share this letter with the CPUC as a component of the MPRWA's  upcoming submission of testimony concerning the Project.  Sincerely,  FRED KEELEY  121 Market Street  Santa Cruz, California  95060  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 68, Packet Page 94 Xl  IIIJT  6  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 69, Packet Page 95 M o n t e r e y  B a y   A q u a r i u m   886 CA NNPA t V  Row  Mori'mon., CA  939.1 o  831.618.4800  Fe br u a r y  19, 2013  M a y o r  Chu ck De lla  Sa la   Pr e si de n t   M o n t e r e y  Pe n i n su la  Re gi o n a l Wa t e r  A u t ho r i t y   P.O. B o x 5715  Ca r m e l-by -t he -Se a , CA  93921  De a r  M a y o r  De lla  Sa la ,  I a m  wr i t i n g t o  e xpr e ss m y  fu ll su ppo r t  fo r  t he  Po si t i o n  St a t e m e n t  a do pt e d by  t he  M o n t e r e y   Pe n i n su la  Re gi o n a l Wa t e r  A u t ho r i t y  o n  Ja n u a r y  31, 2013 r e ga r di n g t he  wa t e r  su pply  pr o je ct   pr o po se d by  Ca li fo r n i a -A m e r i ca n  Wa t e r  Co m pa n y  (Ca l A m ). The  co n di t i o n s y o u  a r t i cu la t e d t o   i n cr e a se  a ffo r da bi li t y , a cco u n t a bi li t y  a n d t r a n spa r e n cy , a n d t o  m i n i m i ze  t he  le ga l a n d t e chn i ca l  r i sks i n  t he  de ve lo pm e n t  o f Ca l A m 's wa t e r  pr o je ct  a r e  cr i t i ca l t o  pr o t e ct i n g t he  i n t e r e st s o f  Pe n i n su la  r e si de n t s a n d bu si n e sse s. I co m m e n d y o u  fo r  y o u r  le a de r shi p, cr e a t i vi t y  a n d  pe r se ve r a n ce  t o  fi n d a  vi a ble  wa t e r  su pply  so lu t i o n  fo r  o u r  co m m u n i t y .  A  se cu r e  wa t e r  su pply  fo r  t he  Pe n i n su la  i s vi t a l t o  o u r  a bi li t y  t o  fu lfi ll o u r  m i ssi o n  a s a  vi si t o r - se r vi n g de st i n a t i o n , a n  e du ca t i o n a l i n st i t u t i o n  a n d a  le a de r  i n  o ce a n  co n se r va t i o n . The  a q u a r i u m   a t t r a ct s m o r e  t ha n  1.8 m i lli o n  vi si t o r s t o  t he  Pe n i n su la  a n n u a lly , a  m a jo r i t y  o f who m  st a y .   o ve r n i ght  i n  lo ca l lo dgi n gs. In  a ddi t i o n , we  pr o vi de  fr e e  vi si t s fo r  n e a r ly  100,000 scho o lchi ldr e n   e a ch y e a r , a n d fr e e  vi si t s fo r  t e n s o f t ho u sa n ds o f lo w-i n co m e  fa m i li e s t hr o u gho u t  t he  r e gi o n .  The  a q u a r i u m  e m plo y s a ppr o xi m a t e ly  500 fu ll- a n d pa r t -t i m e  e m plo y e e s du r i n g o u r  pe a k  su m m e r  se a so n , a n d m o r e  t ha n  400 e m plo y e e s y e a r  r o u n d.  Re st r i ct i o n s o n  wa t e r  su pply  wo u ld se ve r e ly  de cr e a se  t he  n u m be r  o f vi si t o r s we  a r e  a ble  t o  se r ve .  If ho t e ls ha ve  t o  li m i t  t he i r  r o o m  a va i la bi li t y  be ca u se  o f i n su ffi ci e n t  wa t e r  su ppli e s, a  m a jo r i t y  o f  o w Vi si t o r s wo u ld be  le ss li ke ly  t o  vi si t . B e ca u se  t o u r i sm  i s t he  Pe n i n su la 's le a di n g i n du st r y  a n d  a  m a jo r  so u r ce  o f r e ve n u e  fo r  ci t y  se r vi ce s, o u r  co m m u n i t y  fa ce s e co n o m i c co lla pse  wi t ho u t  a   su ffi ci e n t  a n d r e li a ble  wa t e r  su pply .  We  ca n  o n ly  m e e t  t he  m a n da t e  t o  r e pla ce  wa t e r  t ha t  ha s be e n  a va i la ble  fr o m  t he  Ca n n e l Ri ve r   wi t h a  di ve r si t y  o f su pply  so u r ce s, i n clu di n g de sa li n a t i o n , a q u i fe r  st o r a ge  a n d r e t r i e va l,  gr o u n dwa t e r  r e cha r ge , a n d co n t i n u e d co n se r va t i o n . We  e n co u r a ge  fu ll pu r su i t  o f a ll t he se   o pt i o n s.  Fo r  de sa li n a t i o n , we  a r e  r e ly i n g o n  a  r o bu st  e n vi r o n m e n t a l r e vi e w pr o ce ss t o  i de n t i fy  ho w t hi s  pr o ce ss ca n  pr o vi de  t he  be st  se r vi ce  t o  o u r  co m m u n i t y  wi t h t he  le a st  i m pa ct  po ssi ble  o n  t he   e n vi r o n m e n t . A s y o u  kn o w, o u r  co m m u n i t y 's we ll-be i n g i s di r e ct ly  li n ke d t o  t he  he a lt h o f o u r   o ce a n  a n d co a st s. We  wi ll be  m o n i t o r i n g t he  e n vi r o n m e n t a l r e vi e w pr o ce ss clo se ly , a n d a wa i t  i t s  co n clu si o n  be fo r e  we  fu lly  e n do r se  Ca l A m 's pr o po sa l.  hlt/NTEREV BAV t; II RI ts  .LIRG  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 70, Packet Page 96 Monte re y  Ba y   Aq u a k m  I ha ve  wr i t t e n  t o  t he  Pu bli c A dvi so r  o f t he  Ca li fo r n i a  Pu bli c Ut i li t i e s Co m m i ssi o n  u r gi n g t he   Co m m i ssi o n  t o  t ho r o u ghly  a n d e xpe di t i o u sly  pr o ce ss Ca l A m 's a ppli ca t i o n  fo r  t he  M o n t e r e y   Pe n i n su la  Wa t e r  Su pply  Pr o je ct . I ha ve  a lso  st a t e d o u r  e n do r se m e n t  o f t he  po li cy  co n di t i o n s  a ppr o ve d by  t he  M o n t e r e y  Pe n i n su la  Re gi o n a l Wa t e r  A u t ho r i t y : pu r su i t  o f pu bli c fi n a n ci n g t o   ke e p r a t e s a ffo r da ble ; a n d i n clu si o n  o f pu bli c a cco u n t a bi li t y , t r a n spa r e n cy  a n d su ffi ci e n t   co n t i n ge n cy  pla n s t o  a ddr e ss t he  t e chn i ca l a n d le ga l r i sks o f t he  pr o je ct .  Tha n k y o u  a ga i n  fo r  y o u r  t i r e le ss se r vi ce  a n d le a de r shi p t o  so lve  o u r  co m m u n i t y 's wa t e r  su pply   n e e ds.  B e st  r e ga r ds,  Ju li e  Pa cka r d  Exe cu t i ve  Di r e ct o r   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 71, Packet Page 97 MPRWA  EXF  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 72, Packet Page 98 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 73, Packet Page 99 Separation Processes, Inc.   3156 Lionshead Ave., Suite 2  Carlsbad, CA 92010  Tel: 760-400-3660  Fax: 760-400-3661  www.spi-engineering.com  Date:  To:  From:  Subject:  Projects  January 17, 2013  Jason Burnett  Alex Wesner  January 2013 Update to SPI-KHC Report — Evaluation of Seawater Desalination  In this update to the Final Report issued in December 2012, we have amended portions of the  report to address several changes among proponent projects as well as undertake additional  sensitivity analyses of evaluated costs for some projects. The principal changes can be described  as follows:  1.  DWD has relocated their facility site from the Capurro Ranch property north of the  Elkhorn Slough to the Moss Landing Power Plant site. This relocation impacts their  project cost model (mainly in regard to off-site pipelines) and permitting. The impacts of  this relocation are assessed in the updated report.  2.  The implementation schedule for Cal-Am's proposed test well has been delayed. The  schedule impact associated with this delay is assessed.  3.  Members of the MPRWA board and TAC were interested in several areas of cost  sensitivity. The overall accuracy range of the costs included in the report was listed more  explicitly, along with inclusion of a potential range of water production costs associated  with the uncertainty. Cost sensitivity analyses were also prepared for both Cal-Am and  DWD. Cal-Am costs were evaluated for the consequence of increased slant well  failure/replacement; along with their potential acquisition of power at an annual average  rate of $0.087/kW-hr. DWDs revised base costs were further evaluated for potential  lower power rates of $0.06 and $0.04 per kW-hr.  To help clarify changes to the documents; deletions of inapplicable text were struck through  (example), while additions/changes are shown in red text (example). The main exception is in  table figures, which show only the revised numbers in red text in order to preserve overall table  format and presentation. Similarly, new tables have their numbers and titles in red text; but the  actual table content left standard.  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 74, Packet Page 100 Evaluation of Seawater Desalination Projects  Final Report  Update  January 2013  prepared for:  Monterey Peninsula Regional Water ithority  by:  Separation Processes, Inc.  and  Kris Helm Consulting  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 75, Packet Page 101 MONTEREY PENINSULA REGIONAL WATER AUTHORITY TABLE OF CONTENTS  CONTENTS  EXECUTIVE SUMMARY ES-1  PROJECT SUMMARIES  ES-1  PROJECT FUNCTION  ES-2  PROJECT PERFORMANCE  ES-4  ECONOMICS ES-5  IMPLEMENTATION CONSIDERATIONS  ES-7  1 INTRODUCTION  1-1  2 PROJECT SUMMARIES 2-1  2.1 CALIFORNIA AMERICAN WATER (CAL-AM)  2-2  2.2 DEEP WATER DESAL (DWD)  2-4  2.3 PEOPLES MOSS LANDING (PM L) 2-6  3 PROJECT FUNCTION 3-1  3.1 CALIFORNIA AMERICAN WATER (CAL-AM)  3-1  3.1.1 Project Purpose 3-1  3.1.2 Customers Identified 3-1  3.1.3 Adequacy of Treatment Approach 3-1  3.1.4 Residuals Handling 3-4  3.1.5 Feed Water Characterization 3-4  3.1.6 Quality of Project Information  3-4  3.1.7 Omissions or Fatal Flaws  3-5  3.2 DEEPWATER DESAL (DWD)  3-6  3.2.1 Project Purpose 3-6  3.2.2 Customers Identified 3-6  3.2.3 Adequacy of Treatment Approach 3-6  3.2.4 Residuals Handling 3-8  3.2.5 Feed Water Characterization 3-8  3.2.6 Quality of Project Information  3-8  3.2.7 Omissions or Fatal Flaws 3-9  3.3 PEOPLES MOSS LANDING (PM L)  3-9  3.3.1 Project Purpose 3-9  3.3.2 Customers Identified 3-9  3.3.3 Adequacy of Treatment Approach 3-9  3.3.4 Residuals Handling 3-11  3.3.5 Feed Water Characterization 3-12  3.3.6 Quality of Project Information  3-12  3.3.7 Omissions or Fatal Flaws  3-12  4 PROJECTED PERFORMANCE 4-1  4.1 CALIFORNIA AMERICAN WATER (CAL-Am)  4-1  4.1.1 Plant Design Capacity 4-1  4.1.2 Targeted Product Water Quality 4-2  4.1.3 Disinfection Strategy 4-3  4.2 DEEPWATER DESAL (DWD)  4-4  4.2.1 Plant Design Capacity 4-4  4.2.2 Targeted Product Water Quality 4-4  4.2.3 Disinfection Strategy 4-5  4.3 PEOPLES MOSS LANDING (PM L) 4-5  January 2013 Pagel  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 76, Packet Page 102 TABLE OF CONTENTS MONTEREY PENINSULA REGIONAL WATER AUTHORITY  4.3.1 Plant Design Capacity 4-5  4.3.2 Targeted Product Water Quality 4-5  4.3.3 Disinfection Strategy 4-6  5 ECONOMICS 5-1  5.1 CALIFORNIA AMERICAN WATER (CAL-Am)  5-5  5.2 DEEPWATER DEAL (DWD)  5-8  5.3 PEOPLES MOSS LANDING (PM L )  5-12  6 IMPL EMENTATION CONSIDERATIONS  6-1  6.1 CALIFORNIA AMERICAN WATER (CAL-Am)  6-3  6.2 DEEPWATER DESAL (DWD)  6-7  6.3 PEOPLES MOSS LANDING (PML) 6-10  6.3.1 Assessment of Impacts of Seawater Intake  6-10  6.3.2 Brine Discharge 6-11  7 REFERENCES  7-1  APPENDIX A — RESPONSES TO COMMENTS ON NOVEMBER DRAFT REPORT A-1  LIST OF TABLES  TABLE ES-1-1— SUMMARY OF PROPOSED PRODUCT WATER QUALITY  ES-4  TABLE ES-1-2 - SUMMARY OF EVALUATED CAPITAL AND OPERATING COST ESTIMATES  ES-6  TABLE 4-1 — SUMMARY OF PROJECTED PRODUCT QUALITY FROM CAL-AM FACILITY  4-3  TABLE 4-2 — SUMMARY OF PROJECTED PATHOGEN CREDITS FOR CAL-AM PROJECT  4-3  TABLE 4-3 — SUMMARY OF PROJECTED PRODUCT QUALITY FROM DWD FACILITY  4-4  TABLE 4-4 - SUMMARY OF PROJECTED PATHOGEN CREDITS FOR DWD PROJECT  4-5  TABLE 4-5 —SUMMARY OF PROJECTED PRODUCT QUALITY FROM PM L FACILITY'  4-6  TABLE 4-6 - SUMMARY OF PROJECTED PATHOGEN CREDITS FOR PM L PROJECT  4-6  TABLE 5-1—SUMMARY OF CHEMICAL UNIT PRICES  5-2  TABLE 5-2 — SUMMARY OF EVALUATED CAPITAL AND OPERATING COST ESTIMATES  5-4  TABLE 5-3 — SUMMARY OF CAL-AM CAPITAL COST EVALUATION  5-6  TABLE 5-4 —SUMMARY OF CAL-AM O&M COST EVALUATION  5-7  TABLE 5-5 —SUMMARY OF CAL-AM COST SENSITIVITY EVALUATIONS  5-8 TABLE 5-6 —SUMMARY OF DWD CAPITAL COST EVALUATION  5-9  TABLE 5-7 —SUMMARY OF DWD O&M COST EVALUATION  5-10  TABLE 5-8- SUMMARY OF DWD COST SENSITIVITY EVALUATIONS  5-11  TABLE 5-9 — SUMMARY OF PM L CAPITAL COST EVALUATION  5-12  TABLE 5-10 — SUMMARY OF PM L O&M COST EVALUATION  5-13  LIST OF FIGURES  FIGURE ES-1 — PROJECTED CAL-AM PROJECT IMPLEMENTATION SCHEDULE  ES-8 FIGURE ES-2 — PROJECTED DWD PROJECT IMPLEMENTATION SCHEDULE  ES-8 FIGURE ES-3 — PROJECTED PM L PROJECT IMPLEMENTATION SCHEDULE  ES-8 FIGURE 2-1 — CAL-AM PROJECT LOCATION MAP  2-3  FIGURE 2-2-- DWD PROJECT LOCATION MAP 2-5  FIGURE 2-3 — PM L PROJECT LOCATION MAP  2-7  FIGURE 6-1— CONCEPTUAL IMPLEMENTATION SCHEDULE FOR THE CAL-AM PROJECT 6-6  January 2013 Page ii  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 77, Packet Page 103 MONTEREY PENINSULA REGIONAL WATER AUTHORITY TABLE OF CONTENTS  FIGURE 6-2 — CAL-Am PROPOSED IMPLEMENTATION SCHEDULE  6-6 • FIGURE 6-3 — DWD PROPOSED IMPLEMENTATION SCHEDULE  6-7  FIGURE 6-4 — CONCEPTUAL IMPLEMENTATION SCHEDULE FOR THE DWD PROJECT  6-9  FIGURE 6-5 - CONCEPTUAL IMPLEMENTATION SCHEDULE FOR THE PM L PROJECT 6-11  ABBREVIATIONS 4N1 ACRONYMS  AACE — Association for the Advancement of Cost Engineering  AF — Acre-Foot  AFY — Acre-Feet/Year  ASR — Aquifer Storage and Recovery  Cal-Am — California American Water  CDPH — California Department of Public Health  CEQA — California Environmental Quality Act  CPCN - Certificate of Public Convenience and Necessity  CPUC — California Public Utilities Commission  CRF — Capital Recovery Factor  Crypto - Cryptosporidium  CSIP — Castroville Seawater Intrusion Project  DWD — DeepWater Desal  EA — Environmental Assessment  FAIR — Environmental Impact Report  EIS — Environmental Impact Statement  EPA — U.S. Environmental Protection Agency  ERD — Energy Recovery Device  fps — feet per second  FPVC — Fusible Polyvinyl Chloride\  gfd — Gallons per Day per Square Foot  GWR — Groundwater Replenishment  liDPE — High Density Polyethylene  TPA — Joint Powers Authority  KHC — Kris Helm Consulting  lb - pound  LF — Lineal Foot  January 2013 Page iii  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 78, Packet Page 104 TABLE OF CONTENTS MONTEREY PENINSULA REGIONAL WATER AUTHORITY  MCL — Maximum Contaminant Level  MPRWA — Monterey Peninsula Regional Water Authority  MRWPCA — Monterey Regional Water Pollution Control Agency  mgd — Million Gallons per Day  MT' — Micro filtration  MG — Million Gallons  MLCP — Moss Landing Commercial Park  MIPP — Moss Landing Power Plant  MPWSP — Monterey Peninsula Water Supply Project  NEPA —National Environmental Policy Act  NOD —Notice of Determination  NOP — Notice of Preparation  NOAA — National Oceanic and Atmospheric Administration  NPDES — National Pollutant Discharge Elimination System  O&M — Operations and Maintenance  PG&E — Pacific Gas and Electric  PML — Peoples Moss Landing  RO —Reverse Osmosis  SCADA — Supervisory Control and Data Acquisition  SDI — Silt Density Index  SPI — Separation Processes Inc.  SVGB — Salinas Valley Groundwater Basin  SWRCB — State Water Resources Control Board  SWTR — Surface Water Treatment Rule  TAC — Technical Advisory Committee  TBD — To Be Determined  TDS — Total Dissolved Solids  TOC — Total Organic Carbon  UF - Ultrafiltration  UV—Ultra Violet Light  January 2013 Page iv  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 79, Packet Page 105 MONTEREY PENINSULA REGIONAL WATER AUTHORITY EXECUTIVE SUMMARY  EXECUTIVE SUMMARY  Separation Processes Inc. (SPI) in association with Kris Helm Consulting (KHC) is providing  engineering and consulting support to the Monterey Peninsula Regional Water Authority  (MPWRA) to assist with the evaluation of three candidate desalination projects on the Monterey  Peninsula. This report presents the results of our evaluation of the projects, targeted at replacing  supplies currently extracted from the Carmel River but subject to a 1995 order from the State  Water Resources Control board to secure an alternate source of supply by December, 2016.  The proposed strategy for meeting the projected annual demand within the California American  Water service area of 15,250 acre-feet is a multi-pronged approach including permitted  extractions from the Carmel River and Seaside Basin, an aquifer-storage and recovery system,  and the existing Sand City desalination plant--totaling 6,250 acre-feet; leaving a 9,000 acre-feet  gap in supply. Two alternatives are under consideration to compose this final supply—a 9,000  acre-feet production seawater desalination plant; or a 5,500 acre-feet seawater desalination plant  in concert with a groundwater water replenishment project using advanced treated recycled water  of 3,500 acre-feet.  This report presents the results of our evaluation of three candidate alternatives for the seawater  desalination component of the overall water supply portfolio. California American Water is  actively engaged with the California Public Utilities Commission to build a facility and secure  the required supply. Two other development groups have proposed alternative projects for  consideration—DeepWater Desal, LLC and the People's Moss Landing Water Desal Project.  The three projects were analyzed on functional, performance, economic and implementation  grounds in an effort to provide a balanced evaluation for consideration by the MPRWA. This  report is based on information collected on each project up through October 15, 2012. It does  not cover additional project developments between that time and the date of this report.  PROJECT SUMMARIES  The three projects are in the conceptual or preliminary stage of development and all three have as  their, objective to provide California American Water the seawater desal component of the  required replacement water supply under State Water Resources Control Board Order No. 95-10.  The DeepWater Desal group proposes to provide an expandable plant capable of serving  additional regional water needs as well, outside of the California American Water service area.  Brief summaries of the projects follow:  Monterey Peninsula Water Supply Project (MPWSP)   Proponent(s)  California American Water (Cal-Am)  Location  46-acre site of vacant, disturbed land west of the MRWPCA  Regional Treatment Plant (RTP).  Purpose  To supply supplemental desal component of the Monterey  Peninsula regional water supply  This project is currently under consideration by the  California Public Utilities Commission (CPUC).  Production Volume  5.4 mgd or 9.0 mgd  t$F1)   January 2013 Page ES-1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 80, Packet Page 106 EXECUTIVE SUMMARY   MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Deep Water Desal (DVVD)  Proponent(s)  DeepWater Desal, LLC, Dynegy Moss Landing Power Plant,  i  s  . ... — - -:-- "- -  e—  :. a -  - - - - - - :- G3 Data Centers  - - -  Location  Capurro Ranch Property, /Elkhorn Slough Moss  north of  Landing Power Plant  Purpose  Phase 1 to supply supplemental desal component of the  Monterey Peninsula regional water supply  Phase 2 to supply northern customers  Production Volume  Phase 1:4.9 mgd or 9.1 mgd  Phase 2:22.0 mgd  The People's Moss Landing Water Desal Project (PML)  Proponent(s)  DeSal America, LLC composed of Moss Landing  Commercial Park, LLC; and Stanley and Patricia-Vance  Lueck  Location  Moss Landing Commercial Park  Purpose  To supply supplemental desal component of the Monterey  Peninsula regional water supply  This project is currently proposed as alternative to the Cal- Am MPWSP.  Production Volume  4.8 mgd or 9.4 mgd  PROJECT FUNCTION  We evaluated the function of each project in terms of project purpose, customers identified,  adequacy of treatment approach, residuals handling, feed water characterization, quality of  project information, and any omissions or fatal flaws in the information provided. The  evaluation was conducted based on information provided in response to a 56-item questionnaire  prepared by the MPRWA technical advisory committee and submitted by each proponent; along  with additional information each provided in response to specific questions and interviews from  SPI and KHC.  All three projects have available sites for building the required treatment facilities; and credible  seawater intake and brine disposal approaches, though there are substantive differences among  them. Cal-Am proposes to use a group of subsurface slant intake wells (up to eight for the  maximum capacity plant alternative); DWD proposes a new screened open ocean intake installed  at roughly 65-ft of depth; and PML is considering options to use either an existing seawater  intake pump station drawing from the Moss Landing Harbor, or potentially a new screened open  Page ES-2 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 81, Packet Page 107 MONTEREY PENINSULA REGIONAL WATER AUTHORITY EXECUTIVE SUMMARY  ocean intake installed coincident with an existing 51-in diameter concrete outfall pipeline owned  by the Moss Landing Commercial Park. Cal-Am has projected there may up to 3 percent of  groundwater from the Salinas Valley Groundwater Basin (SVGB) entrained with their intake  supply that would need to be returned (as facility product water) to the basin. For brine disposal,  Cal-Am and DWD propose to blend concentrated brine from the desal plants with existing  outfall flows—Cal-Am blending with the existing Monterey Peninsula Regional Water Pollution  Control Agency's wastewater plant outfall; and DWD using the existing cooling water return  outfall at the Moss Landing Power Plant. Both sources have sufficient dilution and hydraulic  capacities. PML proposes to use their existing 51-in diameter outfall, currently permitted to  discharge magnesium-depleted seawater. There is some evidence of disrepair of the outfall in  terms of pipeline integrity and condition of the existing diffusers which would need to be  addressed along with the permitting of a non-shore diluted brine stream.  Cal-Am and PML propose to serve only the identified demand within the Cal-Am service area at  the two plant capacity increments under consideration; while DWD envisions a higher capacity  regional project, capable of producing up to 25,000 AFY. DWD has not yet secured agreements  with any potential customers.  In terms of treatment approach—all three candidate teams propose to use reverse osmosis (RO)  as the primary desalination technology. However, both DWD and PML propose a single pass  RO system; while Cal-Am has proposed a partial double or two pass system—treating a portion  of the product water from the first pass RO system with a second RO system and blending the  supplies to form the final treated water. The issue relates to the quality of product water  produced, more than treatment function; as either approach is considered functional.  Pre- and post-treatment approaches are similar. All incorporate granular media filtration of the  incoming seawater, with PML following on with a low pressure membrane filtration system  (microfiltration or ultrafiltration) to deal with the anticipated higher solids load from water  extracted from Moss Landing Harbor. In the case of Cal-Am, the aquifer filtration provided by  the slant wells could obviate the need for media filtration; but the potential presence of iron and  manganese in the supply could just as well make them necessary—so the approach is considered  conservative. In the case of DWD, the incoming seawater extracted at depth will be cold  (roughly 15 °C) and warmed through a proprietary warming system at the Moss Landing Power  Plant prior to transmission to the treatment plant site. All three proponents propose to use calcite  beds, carbon dioxide and sodium hydroxide for re-mineralization/stabilization of the RO treated  product water and chlorine disinfection.  Cal-Am and-D-Wi) will require offsite pipelines for feed, product water and brine disposal; while  PML proposes to use existing intake and outfall pipelines originating on site; requiring only a  product water delivery pipeline.  DWD's  site location north  of the Elkhorn Slough is likely  to  Fkr-ee-e  two 36 in). DWD's co-located site at the Moss Landing Power Plant will permit it to connect to  existing intake and outfall facilities; requiring only on off-site product water pipeline.  All three proponents were cooperative with our original evaluation and provided all available  and requested information. The Cal-Am project through past work on other regional projects as  well as ongoing procedures with the California Public Utilities Commission has produced the  most detailed information on their project, followed by DWD who have prepared a fair amount  of predesign data on their proposed system along with active environmental investigations for  January 2013 Page ES-3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 82, Packet Page 108 Page ES-4   January 2013  EXECUTIVE SUMMARY MONTEREY PENINSLILA REGIONAL WATER AUTHORITY  their proposed intake. PML is at a more preliminary level of engineering and planning in  comparison. Their project has transitioned in ownership/proponents, with the new entity electing  not to participate in this evaluation. Importantly however, we have not found any fatal flaws of a  technical nature associated with any of the candidate projects.  PROJECT PERFORMANCE  Performance of each proposed system was gauged relative to categories of plant design capacity,  targeted product water quality and disinfection strategy.  For plant capacity, we considered the proposed instantaneous design capacity of each treatment  facility in comparison to the required annual production increment—either 5,500 AFY or 9,000  AFY. What we found were wide variations—with Cal-Am proposing capacities of 5.4 mgd and  9.0 mgd; DWD of 4.9 mgd and 9.1 mgd; and PML at 4.8 mgd and 9.4 mgd. We considered the  level of equipment redundancy proposed by each team in the context of the amount of "online"  time it would require a facility at a given rated capacity to deliver the required annual allotment.  For Cal-Am, we gauged their planned design capacities adequate considering the need to return  flow to the SVGB as well as meet the 5,500 AFY or 9,000 AFY into their distribution system.  At capacities of 5.4 mgd and 9.0 mgd, the plant(s) would need to operate 98 percent of the time  to meet production—not overly conservative but achievable given the level of equipment  redundancy (including spare process units) in their proposed facility. DWD, with similar  proposed levels of redundancy, would have equivalent minimum facility capacity requirements  of 5.0 mgd and 8.2 mgd; somewhat lower than Cal-Am as they lack the requirement to return  flow to the SVGB. PML did not provide a detailed equipment list indicating numbers of process  units; so gauging proposed levels of equipment redundancy was uncertain. However, we feel the  facility should have adequate reliability and conducted our evaluation on that basis— recommending equivalent capacity ratings to DWD of 5.0 mgd and 8.2 mgd.  The product quality produced by the proposed systems would differ based on the configuration  of their proposed RO systems. Cal-Am's proposed partial two-pass system could likely achieve  chloride, boron, and total dissolved solids (TDS) consistent with current Cannel River supplies;  but the single pass systems would not. We consider a lower salinity product supply an asset and  evaluated all three projects (from an economic perspective) as having partial two-pass RO  systems. The recommended product quality goal is summarized in  Table ES-1-1.  Table ES-1-1 - Summary of Proposed Product Water Quality  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 83, Packet Page 109 MONTEREY PENINSULA REGIONAL WATER AUTHORITY EXECUTIVE SUMMARY  For disinfection, the proposed facilities must comply with the Surface Water Treatment Rule and  Long-Term 2 Enhanced Surface Water Treatment Rule. Under these regulations, pathogen  removal/inactivation requirements are set on a logarithmic (log) scale, with the California  Department of Public Health establishing specific log removal for priority pathogens, including  giardia, cryptosporidium (crypto), and virus. The levels set will be based on source water quality  and other factors, and are expected to be in the range of 3-5 for giardia, 2-4 for crypto, and 4-6  for virus, based on each of the project source waters being classified as surface waters or under  the influence of surface waters. We find all three projects are likely to achieve sufficient log  removal credits under their proposed treatment schemes to comply.  ECONOMICS  A primary focus of our evaluation was to provide a balanced, "apples to apples" comparison of  the candidate projects from an economic perspective. We implemented this by focusing on the  following principles:  O  Uniformity in plant design capacity for the two non-regional approaches; equivalent  capacity allocation for the proposed DWD regional project.  o  Equivalency in treatment to achieve: a common RO feed water quality following  pretreatment; a common treated water quality goal; and pathogen removal credits  required for the applicable supply source.  O  Uniformity in equipment redundancy.  O  Uniformity in unit cost criteria for common items.  O  Uniformity in cost factors applied to aggregated costs (e.g., contingencies; electrical  and I&C costs; etc.).  o  Uniformity in unit costs for chemicals and other consumables for treatment  evaluations.  To implement the above, we adjusted plant capacities for the evaluation on the basis described in  the Project Performance discussion, rating Cal-Am's proposed system at design capacities of 5.4  mgd and 9.0 mgd; and the DWD and PML systems at 5.0 mgd and 8.2 mgd. In terms of  treatment process, we attempted to maintain the overall proposed process design of the  proponents, but did evaluate all as including a partial (40 percent) capacity second pass RO  system. We also assumed N+1 redundancy on all rotating equipment and major treatment  process units (e.g., filters, RO membrane trains). We employed an equivalent basis in  developing our capital equipment cost estimates, relying on targeted quotes for equipment and  SPIs cost information from past, similar seawater RO projects. For indirect costs, we assumed  fixed factors and applied them uniformly to each project.  We implemented a similar strategy on annual operating and maintenance expenses, using  common chemical unit prices along with pricing on common consumables, such as the RO  process membranes. The results of our evaluation are presented in  Table ES-1-2.  Legal and financial considerations, such as water rights and payment schedules (for example,  Surcharge 2 proposed by Cal-Am) were outside the scope of this evaluation and are not  addressed herein. Overall, the costs presented are meant for comparative evaluation on a  planning basis. They have an overall accuracy level of -30 to +50 percent.  (.5 CFDr- f   January 2013 Page ES-5  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 84, Packet Page 110 EXECUTIVE SUMMARY   MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Table ES-1-2 - Summary of Evaluated Capital and Operating Cost Estimates  1 -7 , 4.1.:Jfi*.. ..! ..e.-I ot ,, '..i, F1 , °,4-,' °IV 1 ',_ ;:- 1:0' ;''' s ;1_ :k5''' ` :;'. 1.7. 'Y:-‘ '. 4T.` 7  Millions 2012 Dollars)  4. -°- COSTS cri  CAPITAL  Intake/Outfall Facilities  $23.0  $17.7  $-0-  $-0-  $-0-  $-0-  Pretreatment & Residuals Handling  $10.6  $7.94  $11.2  $7.94  $20.2  $13.6  Desalination System  $22.4  $15.0  $19.4  $13.2  $19.9  $14.0  Post-Treatment  $1.48  $0.88  $1.48  $0.88  $1.66  $1.07  Distribution Facilities  $6.14  $5.08  $3.35  $3.26  $0.35  $0.26  Site Structures  $11.5  $10.8  $3.65  $2.52  $10.0  $7.00  Offsite Trenched Pipelines  $24.9  $24.9  $23.0  $22.7  $25.1  $25.1  Indirect Costs1  $57.5  $50.3  $52.9  $42.7  $67.9  $62.3  Contingency Allowance (30%)  $47.2  $39.8  $34.5  $28.0  $43.6  $37.0  Mitigation Allowance (1%)  $1.60  $1.30  $1.20  $0.90  $1.50  $1.20  TOTAL  $206  $174  $151  $122  $190  $161  ANNUAL O&M COSTS (in Millions 2012 Dollars)  Energy . $5.38  $3.26  $3.44  $2.10  $3.98  $2.43  Chemicals  $0.32  $0.19  $0.81  $0.49  $0.93  $0.57  Expendables  $0.69  $0.45  $0.78  $0.52  $1.09  $0.65  Other Proponent Expenses  -  -  $1.59  $1.45  -  O&M Labor  $2.69  $2.36  $2.69  $2.36  $2.69  $2.36  Equipment Replacement2  $1.50  $1.23  $0.93  $0.76  $1.16  $0.92  TOTAL  $10.6  $7.49  $10.2  $7.68  $9.85  $6.93  ANNUAL COST OF WATER (in Millions 2012 Dollars)  Capital Recovery3  $19.1  $16.2  $8.73  $7.06  $11.0  $9.37  Total Annual Cost  $29.7  $23.7  $18.9  $14.7  $20.9  $16.3  Production Cost of Water ($/A9 4  RANGE ($/AF)  $3,300  $2,310- $4,950 $4,310  53,017-55,465  $2,100  $1,470-53,150  $2,670  $1,870 -$4,005  $2,320  51,625- $3,480 $2,965  $2,075 -54,450 Includes implementation costs at 25%; ROW easement/land costs, mobilizationidemobilization at 2%; electrical and l&C  systems at 18%; engineering and startup at 15%; and additional project proponent prescribed costs. All percentages applied  to plant facilities costs.  2  Calculated as 1.5% of plant facilities costs.  3  Capital recovery factor for DWD and PML based on an interest rate of 4.0% and term of 30 years; based on an interest rate of  8.49% and 30 years for Cal-Am; see additional discussion in Section 5.  4 0verall accuracy of costs is estimated at AACE Class 5 with an accuracy of -30% to +50%; range values indicate potential  spread.  Page ES-6   January 2013   c- 501  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 85, Packet Page 111 MONTEREY PENINSULA REGIONAL WATER AUTHORITY EXECUTIVE SUMMARY  Overall, the projected capital and operating costs for each facility are fairly equivalent given the  overall accuracy of the estimate and degree of project development. Cal-Am's capital cost is the  highest; owing largely to its high intake system cost. PAIL is proposing to reuse existing intake  infrastructure; while DWD has an unspecified separate business entity which will be funding its  intake, outside of the assigned DWD facility budget. Cal-Arn's operating cost is also relatively  high, owing in large measure to higher stipulated energy costs than either DWD or PML- roughly $0.13/kW-hr vs. $0.08 kW-hr. However, Cal-Am has recently indicated they may be  able to secure lower power through a direct purchase agreement with PG&E, resulting in a cost  of $0.087/kW-hr. The potential impact of this change is addressed in a sensitivity analysis for  Cal-An-i's costs in Section 5. The overall water production costs diverge considerably in our  evaluation, due to the higher cost of capital assigned to Cal-Am vs. DWD and PAIL; so while the  base costs are similar, Cal-A_m's cost of water produced is higher. An expanded discussion of  how the capital recovery factor (CRF) for Cal-Am was generated is presented in Section 5.  IMPLEMENTATION CONSIDERATIONS  The three projects are at varying states of development in terms of the regulatory permitting  process. Cal-Am is further along than either DWD or PML, though DWD has completed or is  nearing completion of their initial CEQA compliance documents. Forecast project  implementation schedules were identified for each project proponent, based on a select number  of key environmental and permitting tasks, including:  1.  A project description must be completed.  2.  An Environmental Assessment must be made.  3.  An ElR/EIS must be completed (CEQA/NEPA compliance).  4.  Commercial Agreements must be negotiated/ Cal-Am must obtain a Certificate of Public  Convenience and Necessity (CPCN), after certification of the EIR.  5.  Jurisdictional Permits must be obtained for facilities impacting Waters of the U.S.  6.  NPDES Permits must be amended/obtained.  7.  Coastal Development Permits must be obtained.  It was further assumed that each proponent had the financial capacity to proceed with predesign  preparation/procurement package development such that the project could be put out to final  design and construction bid coincident with approval of the final project permits. The schedules  are provided below as Figure ES-1, Figure ES-2 and Figure ES-3. The project proponents  were invited to provide their updated schedules following publication of the draft report. Cal- Am and DWD each elected to provide a schedule, which are included in Section 6.  (t.SPl i)   January 2013 Page ES-7  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 86, Packet Page 112 26-17  201E  -;2110,  EXECUTIVE SUMMARY   MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Figure ES-I - Projected Cal-Am Project Implementation Schedule  Figure ES-2 - Projected DWD Project Implementation Schedule  ID DWD  ._   rcf.. -4Tiis,   241)17 ? _'.,gc)  .1'   Complete EIR/E1S  I  Negotiate Commercial Agreements  II NPDES Permit Amendment  Coastal Development Permit  _  ii .5] -1 Desal Plant Preliminary Design  -Lai---- I1 Desel Plant Design/Construction  II _Desal Plant Startup  Figure ES-3 - Projected MIL Project Implementation Schedule  Complete EIR/EIS  Negotiate Commercial Agreements        .NI5 1 0   ES Pe.rmit'Aniendment      f      coastal Development Permit        I    N'sal Plant PreliniinarY Design          1 Desal,Plant DeSign/Censtruction          1 Desal Plant Startup            Page ES-8 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 87, Packet Page 113 MONTEREY PENINSULA REGIONAL WATER AUTHORITY  INTRODUCTION  INTRODUCTION  Separation Processes Inc. (SPI) and Kris Helm Consulting (KHC) are providing engineering and  consulting support to the Monterey Peninsula Regional Water Authority (MPWRA) to assist  with the evaluation of three candidate desalination projects on the Monterey Peninsula. SPI  conducted technical and economic evaluations of the proposed projects; while K_HC examined  issues relating to permitting and environmental compliance.  California American Water (Cal-Am) is an investor owned public utility who is responsible for  providing the water supply to cities covered within the MPRWA—Carmel-by-the-Sea, Del Rey  Oaks, Monterey, Pacific Grove, Sand City and Seaside. The proposed projects would  supplement supply previously extracted for the region from the Cannel River. In 1995, the State  Water Resources Control Board (SWRCB) in its Order No 95-10 found that Cal-Am was  withdrawing water from a subterranean stream, rather than percolating groundwater; and in the  process extracting an average of 10,730 AFY in excess of its valid right of 3,376 AFY. The  order required Cal-Am to secure a replacement source of supply by December 2016.  The average annual water demand in the region is 15,250 AFY I . Currently identified sources  include established rights to Cannel River and Seaside Basin waters of 4,850 AFY, the aquifer  storage and recovery (ASR) system of 1,300 AFY, and 94 AFY from the Sand City Desalination  Plant. This leaves a roughly 9,000 AFY deficit to be made up. Alternatives include a new 9,000  AFY seawater desalination plant; and a new groundwater replenishment (GWR) project of 3,500  AFY in combination with a new 5,500 AFY seawater desalination plant.  The technical advisory committee (TAC) of the MPRWA developed a list of 56 questions to  submit to the three desalination project proponents, including Cal-Am, Deep Water Desal, LLC  (DWD) and the Peoples' Moss Landing Desal (PML). Each proponent is proposing to build a  desalination facility to satisfy the planned desalination component of the regional water supply.  Responses and supporting information were received from each, exhibiting various stages of  development and differences in approach. The differences were such that a deliberative, fair  comparative evaluation could not be conducted solely on the basis of the information provided.  This report presents the results of a more detailed evaluation and analysis conducted by SPI and  K_HC. The work was conducted based on information provided in the original responses to the  questions from the TAC along with supplemental information provided by each proponent. The  goal was to provide an "apples-to-apples" comparison of each project on an equivalent cost  basis; along with an evaluation of the realistic implementation schedule for each, taking into  account environmental and permitting issues.  RBF Memorandum, Recommended Capacity for the Monterey Peninsula Water Supply Project (MPWSP)  Desalination Plant, April 20, 2012  January 2013 Page 1-1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 88, Packet Page 114 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 89, Packet Page 115 MONTEREY PENINSULA REGIONAL WATER AUTHORITY PROJECT SUMMARIES  2 PROJECT SUMMARIES  The tabular summaries provided in this section include information on each of the proponent  projects, including:  O  Project name  •  Proponent(s)  o  Location  O  Purpose  o  Production volume  o  Key features  o  Facility map  •  Key information provided to review team  o  Persons interviewed/corresponded with  The TAC requested information from each proponent that would satisfy the desalination  component of the proposed water supply. Responses received from the Cal-Am and PML  groups were generally in line with this request; though there were slight differences in the  proposed plant capacities. The DWD response proposed to only serve the higher 9,000 AFY  requirement, along with a planned expansion to act as a regional water supply source to other  agencies on the peninsula as well as cities north of Moss Landing. DWD did reveal in response  to subsequent inquiries how they would serve the 5,500 AFY supply scenario. The information  presented for each project represents their current status from the proponents at the time of this  report writing.  January 2013 Page 2-1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 90, Packet Page 116 PROJECT SUMMARIES MONTEREY PENINSULA REGIONAL WATER AUTHORITY  2.1 CALIFORNIA AMERICAN WATER (CAL-AM)  Key Information Provided  Persons Interviewed/Corresponded With  Monterey Peninsula Water Supply Project  (MPWSP)  California American Water  46-acre site of vacant, disturbed land west of the  MRWPCA Regional Treatment Plant (RTP).  To supply supplemental desal component of the  Monterey Peninsula regional water supply  This project is currently under consideration by the  California Public Utilities Commission (CPUC).  5.4 mgd or 9.0 mgd  1. Raw seawater supply through a series of up to  eight sub-surface slant wells located on a vacant  376 acre parcel with roughly 7,000 feet of ocean  shoreline.  2.  Raw water and pump to waste transmission  through one of eight candidate alignments.  3.  Single-stage, dual media pressure filtration  pretreatment.  4. Partial 2-pass RO desalination treatment with  energy recovery. Final product has a proposed  blend of 60:40 first pass:second pass product.  5. Product stabilization with calcite, carbon dioxide,  and sodium hydroxide.  6. Disinfection with sodium hypochlorite and  temporary UV.  7. 2 x 1.0 MG product storage tanks, product  distribution pumps, and 36-in diameter product  pipeline to Cal-Am distribution system near  Seaside.  8. 24-in brine disposal pipeline to the existing RTP  outfall.  1. TAC response package  2.  Response to supplemental questions from SPI  and KHC  3. Relevant testimony to the CPUC  4.  RBF 2011 memo on implementation schedule  risk of regional supply alternatives  5.  RFB 2011 memo on cost analysis of regional  supply alternatives  Richard Svindland  Project Name  Proponent(s)  Location  Purpose  Production Volume  Key Features  Page 2-2   January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 91, Packet Page 117 MONTEREY PENINSULA REGIONAL WATER AUTHORITY   PROJECT SUMMARIES  Figure 2-1— Cal-Am Project Location Map  Slant Well  Intake  Brine  Product Water  Desalination Plant  Tie-in to CAL AM  existing facilities  January 2013 Page 2-3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 92, Packet Page 118 PROJECT SUIVIMARIES MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Deep Water Desal  DeepWater Desal, LLC, Dynegy Moss Landing  Power Plant,  METK  Partnership  of  the Capurro  Ranch, PV2  Solar, and Ecomert Technologies G3  Data Centers  Capurro Ranch Property, north  of /Elkhorn Slough   Moss Landing Power Plant  Phase 1 to supply supplemental desal component of  the Monterey Peninsula regional water supply;  Phase 2 to supply northern customers  Phase 1: 4.9 mgd or 9.1 mgd  Phase 2: 22.0 mgd  1.  Raw seawater supply through a new 48-in open  intake extending into the Monterey Bay west of  Moss Landing at a depth of roughly 65-ft.  2.  Raw water transmission through an existing  right of way maintained by MLPP to an existing  pump station at MLPP for transfer to the site.  3.  Proprietary warming system at MLPP which  will increase the temperature of the raw water.  4.  Transmission of the  warmed feed  water through  a new 36 in pipeline to the Capurro Ranch site.  5.  Single-stage, dual media pressure filtration  pretreatment.  6.  Single-pass RO desalination treatment with  energy recovery.  7.  Product stabilization with calcite, carbon  dioxide, and corrosion inhibitor.  8.  Disinfection with sodium hypochlorite.  9.  2.5 MG product storage tank, product  distribution pumps, and 30-in diameter product  pipeline to Cal-Am distribution system.  10. 36-in brine disposal pipeline to MLPP existing  cooling water ocean discharge.  1. TAC response package  2. Response to questions from SPI/ KHC  3.  Tenera Environmental, Preliminary Modeling of  Potential Impacts from Operation of a  Desalination Facility Ocean Intake, August 22,  2012  22 DEEPWATER DESAL (DWD)  Project Name  Proponent(s)  Location  Purpose  Production Volume  Key Features  Key Information Provided  Persons Interviewed/Corresponded With Dennis Ing, Scott Jackson, Jonathan Dietrich  Page 2-4 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 93, Packet Page 119 MONTEREY PENINSULA REGIONAL WATER AUTHORITY   PROJECT SUMMARIES  Figure 2-2 — DWD Project Location Map  Intake  Brine  Product Water  o  Desalination Plant  0 Tie-in to CAL AM  existing facilities  January 2013 Page 2-5  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 94, Packet Page 120 PROJECT SUMMARIES MONTEREY PENINSULA REGIONAL WATER AUTHORITY  2.3 PEOPLES MOSS LANDING (PML)  Project Name  Proponent(s)  Location  Purpose  The People's Moss Landing Water Desal Project  DeSal America, LLC composed of Moss Landing  Commercial Park, LLC; and Stanley and Patricia- Vance Lueck  Moss Landing Commercial Park  To supply supplemental desal component of the  Monterey Peninsula regional water supply  This project is currently proposed as alternative to  the Cal-Am MPWSP.  Production Volume   4.8 mgd or 9.4 mgd  Key Features 1. Raw seawater supply through an existing intake  system drawing from the Moss Landing Harbor.  2.  Single-stage, zeolite pressure filtration followed  by ultrafiltration (LTF) pretreatment.  3.  Single-pass RO desalination treatment with  energy recovery.  4.  Product stabilization with calcite, carbon  dioxide, and sodium hydroxide.  5.  Disinfection unspecified, but presumed to be  with sodium hypochlorite.  6.  Product storage in existing site tankage. New  distribution pump station and 36-in diameter  product pipeline to Cal-Am distribution system  near Seaside.  7.  Brine disposal through existing 51-in (internal  diameter) outfall.  Key Information Provided 1. TAC response package  2. Project information package dated July 2012  3.  Response to supplemental questions from SPI  and KHC  4.  Video of a portion of the existing outfall.  5. August 2012 Structural Evaluation Report of site  structures and outfall, conducted by JAMSE  Engineering, Inc.  6.  Construction drawings for the outfall (1973) and  modifications made to the intake pump station  (1968).  7.  September 2012 Environmental Issues and  Constraints Report by SMB Environmental Inc.  Persons Interviewed/Corresponded With Nader Agha, George Schroeder, Stanley Luecic  Page 2-6 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 95, Packet Page 121 Figure 2-3 — PIVIL Project Location Map  Intake  Brine  Product Water  0 Desalination Plant  Tie-in to CAL AM  existing facilities  MONTEREY PENINSULA REGIONAL WATER AUTHORITY   PROJECT SUMMARIES  January 2013 Page 2-7  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 96, Packet Page 122 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 97, Packet Page 123 MONTEREY PENINSULA REGIONAL WATER AUTHORITY   PROJECT FUNCTION  3 PROJECT FUNCTION  The function of each proponent project is evaluated on the following criteria:  o  Project purpose  o  Customers identified  O  Adequacy of treatment approach  O  Residuals handling  •  Feed water characterization  O  Quality of project information  o  Omissions or fatal flaws  In an initial screening level evaluation2, we found no disqualifying criteria for any of the  candidate projects. We did however find differences in the level of project development and  approach. Each project is discussed separately below.  3.1 CALIFORNIA AMERICAN WATER (CAL-AM)  3.1.1 Project Purpose  Cal-Am proposes their project to serve the needs of the identified demand on the Monterey  Peninsula within their service area to comply with SWRCB Order 95-10. The proposed  treatment plant would serve the identified desalination component of the regional water supply  portfolio. They specifically do not propose to provide a plant capacity in excess of defined  regional water supply requirements under two scenarios—with GWR and without GWR3 . 3.12 Customers  Identified  Treated water would be supplied to the Cal-Water distribution system for service to its current  service area. Any groundwater from Salinas Basin drawn through the proposed supply wells  would be returned the basin as plant treated water through the Castroville Seawater Intrusion  Project (CSIP) ponds3 .  3.1.3 Adequacy of Treatment Approach  Feed water for the desalination plant would be extracted from subsurface slant wells. Over the  long term, feed water is projected to include about 97 percent seawater and 3 percent intruded  groundwater from the Salinas Valley Groundwater Basin (SVGB) 3 . The desalination plant will  be operated such that on an annual average basis, the plant would return desalinated water to the  SVGB in an amount equal to the freshwater extracted from the slant wells.  2  SPI Memorandum, Monterey Desalination Study — Initial Scoping and Constraints Analysis, August 30, 2012  3  Direct Testimony of Richard C. Svindland Before the Public Utilities Commission of the State of California, filed  April 23, 2012  (SP -  .1).0  January 2013 Page 3-1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 98, Packet Page 124 PROJECT FUNCTION MONTEREY PENINSULA REGIONAL WATER AUTHORITY  The preferred site for construction of the slant wells is an approximately 376 acre parcel of land  with 7,000 feet of ocean shoreline, located west of the proposed desal plant site. The angle of the  slant wells will be determined by a proposed test well program, with a maximum well length of  approximately 750 lineal feet. Wells would initially be placed on the beach, as far as possible  from the existing shoreline, but avoiding undisturbed dune habitat. This may cause some or all  wells to be within the predicted 50-year erosion boundary; however, the expected useful life of  the wells is less than 50 years. A contingency plan will be needed for relocating the wells inland  in the event that coastal erosion renders the wells inoperable 4.  Two design capacities are proposed: (1) seven wells operating at 2,200 gpm per well plus one  additional well as a backup, for a total of 22 mgd (15,400 gpm) producing 9.0 mgd of product  water; (2) five wells operating at 1,840 gpm per well plus one additional well as backup, for a  total of 13.2 mgd (9,200 gpm) producing 5.4 mgd of product water 4.  Eight feed water pipeline alignments are being considered, all of which will be made of FIDPE or  FPVC, and will have a 30-inch or 36-inch diameter. The final selected alignment would include  a parallel 16-in diameter pump to waste pipeline, to allow wasting of initial produced water from  a pump following startup.  The proposed treatment plant would be located on a vacant but disturbed 46-acre parcel west of  the MRWPCA Regional Treatment Plant (RTP). The site would be accessed off of Charles  Benson Rd., a two-lane roadway that also serves the MRWPCA RTP along with the Monterey  Regional Waste Management District. Access would be via an easement from the Waste  Management District. A new turn lane would need to be provided to allow safe access to the  proposed desal plant for personnel and chemicals deliveries. Cal-Am is currently in negotiations  to purchase the site from the existing land owner. Overall, land acquisition is not a large concern  as Cal-Am has the authority to exercise eminent domain privileges should a negotiated purchase  prove untenable.  Incoming seawater would be stored in two 0.5 MG storage tanks then pumped to granular media  pressure filters. Provisions would be included to pre-chlorinate the filter feed if necessary; as  well as include proprietary media to remove iron and manganese should it be present in the raw  seawater. Filter effluent would be dechlorinated if necessary, then flow to inline cartridge filters  prior to routing to the RO trains. The proposed RO system would be arranged as a full single  pass and partial second pass; with the second pass product making up 40 — 50 percent of the final  product supply. The first pass trains would include high pressure booster pumps and isobaric  energy recovery devices (ERDs); while the second pass trains would be equipped with high  pressure booster pumps only. Operating recovery of the first pass trains would be roughly 45.5  percent; while the second pass trains would operate at 90 percent. First and second pass trains,  related pumps, and ERDs would be arranged in an N+1 configuration, with a total of four  process trains for the 5.4 mgd plant option and six process trains for the 9.0 mgd plant option. 5  The product water from the RO system would be post-treated with calcite and carbon dioxide for  stabilization, along with addition of a corrosion inhibitor. For disinfection, the product would be  dosed with sodium hypochlorite and stored in two, 1.0 MG storage tanks. Provisions may be  included for a temporary or permanent UV disinfection system as well, should conditions  warrant (e.g., if additional disinfection credits are required). 5  4  RBF Memorandum, Monterey Peninsula Water Supply Project (MPWSP) Project Description, April 20, 2012  5  Cal-Am Response to SPI Questions, October 3, 2012  Page 3-2 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 99, Packet Page 125 MONTEREY PENINSULA REGIONAL WATER AUTHORITY PROJECT FUNCTION  Overall the treatment approach is gauged to be sound. The greatest process risk is likely  associated with the proposed slant wells. Slant well intake systems can provide significant  advantages over traditional open ocean intakes including:  •  Natural filtration  o  Avoidance of impingement and entrainment of marine life  o  No ocean construction impacts  o  No permanent aesthetic impacts.  However, slant wells can also pose more construction challenges than other well types as a result  of shallow construction angles and less vertical gravitational force. Slant wells need periodic  access to the well head area. In areas where recreation exists (e.g., at a public beach) provision  must be made to minimize disturbance6 . Slant well intakes can be used with large desalination  plants, with seawater intake capacities of up to 50 mgd 7 . Maintenance of well specific capacity  long term is unknown; and elsewhere where employed the wells have been known to initially  draw from an ancient marine aquifer containing high levels of iron and manganese s. Lastly, the  specific long term amount of groundwater uptake from the SVGB, estimated at up to 3 percent,  is uncertain.  Cal-Am plans to install a test slant well to establish site specific operating conditions and  generate data which should help to confirm actual conditions and allow development of  appropriate mitigation strategies. Cal-Am has already included provisions for removing iron and  manganese across their pretreatment filters if necessary. The slant wells themselves can be  screened or installed at different angles to control the mix of seawater to diluent water extracted.  Cal-Am is currently pursuing permits for the test well. An initial operating period of 6 — 12  months is planned to develop data required for the ELR CEQA work. Cal-Am has indicated that  the test period could extend as long as 18-24 months if additional data is required 5 . Should the  test well reveal slant wells to be problematic, a more conventional Ranney sub-surface intake  well could be used as an alternative. The conceptual layout would include three vertical caissons  and horizontal well clusters located across a 1,000 — 1,500 feet beach front area. Each caisson  would be capable of extracting up to 10 mgd. Costs would roughly equivalent to the proposed  slant wells; however, shoreline disruption would be greater. To help gauge the potential cost  impacts of shorter-than anticipated life of the slant wells, a cost sensitivity analysis is provided in  Section 5.  With either intake system, delivered raw seawater quality is likely to be good, with low  particulate and silt density index (SDI) levels, making single-stage filtration an acceptable  pretreatment approach. The RO process design is conservative, with a full first pass and partial  second pass; including N+1 redundancy for all process units. The proposal does not include  acidification or antiscalant dosing to the first pass RO system feed water, but this is likely  6  Williams, D.E. — Design and Construction of Slant and Vertical Wells for Desalination Intake. IDA World  Congress-Perth Convention and Exhibition Centre (PCEC) — Perth, Western Austrailia September 4-9, 2011 — REF:  IDAWC/PER11-050  7  Panlcratz, T. — A Review of Seawater Desal Intake, Pretreatment & Discharge Technologies. IDA —Iran 06 \VDTS  Proceedings September 17 & 18, 2006  8 Ghiu, S. — 18 Month Demonstration of Slant Well Intake System Pretreatment and Desalination Technology for  Seawater Desalination. WaterReuse Research Conference Proceedings, June 2012.  January 2013 Page 3-3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 100, Packet Page 126 PROJECT FUNCTION MONTEREY PENINSULA REGIONAL WATER AUTHORITY  acceptable as the planned recovery of the first pass system is limited to 45 percent. Feed and  product storage tanks are arranges as 2 x 50 percent units, allowing the ability to take a tank out  of service for maintenance. A preliminary site plan indicates the proposed site is sufficient to  accommodate the proposed treatment plant facilities and related administrative and maintenance  facilities adequately.   3.1.4 Residuals Handling  Plant residuals would be handled in a combination of storage and transfer systems. Bacicwash  waste from the filters would be collected in a 0.5 acre storage pond, with decant disposed with  the RO brine. RO brine would be sent to the MRWPCA ocean outfall. Analyses have shown  that the outfall has sufficient capacity to accommodate the projected peak brine flow from the  plant under all but a worst case hydraulic loading scenario that is anticipated to last for six  hours9 . In these situations, brine would temporarily be stored on site in a 3.0 MG detention  pond. The majority of the time (96 percent) the outfall is projected to have sufficient capacity.  Waste residuals from the RO cleaning system would be neutralized and discharged with the brine  to the outfall as well; or alternately to the site sanitary sewer if disposal with the brine is not  permitted.   3.1.5 Feed  Water  Characterization  There has been no detailed characterization of plant feed water to date. Data will be generated as  part of the planned test well program.   3.1.6 Quality of Project Information  Available documentation for the Cal-Am project is the most extensive and well developed  among the three proponents. Primarily this is a consequence of their involvement in the  previously proposed regional project with Marina Coast Water District along with filings to the  CPUC supporting their proposed project and development of required CEQA documentation.  Appendices to their response to the TAC included the following:  O  RBF Memorandum, Monterey Peninsula Water Supply Project (MPWSP) Capital and  O&M Cost Estimate Update, April 20, 2012.  O  RBF Memorandum, Monterey Peninsula Water Supply Project (MPWSP) Project  Description, April 20, 2012.  O  Direct Testimony of Jeffrey T. Linam Before the Public Utilities Commission of the  State of California, Filed April 23, 2012.  Other project related documents were available on the Monterey Peninsula Water Supply Project  website, including:  9Trussel Technologies Inc. Technical Memorandum, MRWPCA Outfall Hydraulic Capacity Analysis, April 18,  2012.  Page 3-4 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 101, Packet Page 127 MONTEREY PENINSULA REGIONAL WATER AUTHORITY  PROJECT FUNCTION  O  California America Water Company, Coastal Water Project, Final Environmental  Impact Report, October 30, 2009.  O  Download Filings for Proceeding A1204019  O  Presentations, including Technical Workshops on Monterey Peninsula Water Supply  Project (July 2012); Monterey Peninsula Water Supply Project Presentation (April  2012); and Monterey Peninsula Water Supply Project Presentation (July 2012).  O  Project Map (April 23, 2012).  O  California American Water Application for Monterey Project (PDFA)  O  California American Water Application for Monterey Project (POS, NOA,PDFA)  O  California American Water Direct Testimony of Keith Israel, including a Technical  Memo from Trussell Technologies, MRWPCA Outfall Hydraulic Capacity Analysis,  April 18, 2012  O  California American Water Direct Testimony of Jeffrey T. Linam  O  California American Water Direct Testimony of Eric J. Sabolsice  O  California American Water Direct Testimony of F. Mark Schubert, P.E.  o  California American Water Direct Testimony of David P. Stephenson  O  California American Water Direct Testimony of Richard C. Svindland  o  California American Water Direct Testimony of Kevin Thomas  Cal-Am also provided a response to questions from SPI, including the following documents:  O  Capital Cost Worksheet  O  O&M Cost Worksheet  O  RBF Memorandum, Implementation Schedule Risk Analysis of Water Supply  Alternatives, October 24, 2011  •  RBF Memorandum, Cost Analysis of Water Supply Alternatives, October 19, 2011  Overall the information is considered sufficient to evaluate the proposed project from a technical  and economic perspective.  3.1.7 Omissions  or Fatal Flaws  Our evaluation and investigation of the proposed Cal-Am project did not uncover any perceived  fatal flaws of a technical nature or significant omissions of project information.  tt- k  January 2013 Page 3-5  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 102, Packet Page 128 PROJECT FUNCTION  MONTEREY PENINSULA REGIONAL WATER ALITHORITY  32 DEEPWATER DESAL (DWD)   3.2.1 Project Purpose  DWD proposes a project that could serve both the defined demand within the Cal-Am service  area for a desal supply of either 5,500 AFY or 9,000 AFY along with an expanded supply for the  region with a total plant capacity of 25,000 AFY. The project is predicated on development of  certain components (e.g., the seawater intake, feed pipeline, brine pipeline) for the 25,000 AFY  plant, with cost allocation based on treated water flow to defined customers. DWD plans to  establish a joint powers authority (WA) composed of local public agencies to ultimately  prosecute its project.   3.2.2 Customers Identified  DWD seeks to supply either 5,500 AFY or 9,000 AFY to Cal-Am. The balance of the proposed  plant capacity would be supplied to other customers. These may include the City of Santa Cruz,  Soquel Creek Water Distict, Pajaro Valley Water Management Agency, areas of North Monterey  County which may have a need and communities along the Highway 101 corridor between  Salinas and Santa Clara.   3.2.3 Adequacy of Treatment Approach  DWD proposes two plant design capacities to meet the 5,500 AFY and 9,000 AFY delivery  targets-4.9 mgd and 9.1 mgd. Each of these capacities is different than the Cal-Am listed flows  of 5.4 mgd and 9.0 mgd, respectively.  DWD proposes a new passive-screened open seawater intake drawing from Monterey Bay near  Moss Landing. Feed water would be withdrawn from a new 48-in, diameter pipe that would  replace an existing pipeline previously used by PG&E for offloading fuel oil. The intake pipe  would be 10,000 feet long and located at a depth of approximately 65-ft at its end. The pipe  terminus would be screened with a passive, cylindrical wedge-wire screen constructed with 2  mm. slot openings and a maximum design velocity of 0.5 fps through the screen to prevent  impingement of marine organisms.  The intake would cross Hwy. 1 through an existing utility tunnel; or space not permitting, a new  crossing. The line would connect to an existing, abandoned pump clear well at the Dynegy Moss  Landing Power Plant (MLPP). New pumps would be installed to transfer the influent seawater  from the clear well through a new 48-in diameter HDPE pipeline to the project site located  roughly  one  mile  north  of MLPP  along  Hwy. 1,  a location known as the Capurro Ranch  treatment facilities located on the MLPP site. En route to the site treatment plant, the water  would transition through a proprietary warming system owned by Dynegy, increasing its  temperature from roughly 10 °C up to as high as  31  26 °C.  with  an option to extend  it  for two successive  32  year period.).  The  site area  is 8.11  acres; and  D-WP   FietH- 61  additional area  be  required for plant construction The project facilities would be located in an  existing, abandoned structure that previously housed electrical generating equipment, co-located  with a planned data center; or alternately on available, open property on the Dynegy site.  Page 3-6   January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 103, Packet Page 129 MONTEREY PENINSULA REGIONAL WATER AUTHORITY PROJECT FUNCTION  No feed water storage tanks are proposed, with the supply pumped directly to granular media  pressure filters. Provisions would be included to pre-chlorinate the filter feed if necessary; as  well as include a filter aid coagulant (ferric chloride). Filter effluent would be dechlorinated if  necessary, then flow to inline cartridge filters prior to routing to the RO trains. The proposed RO  system would be arranged as a single pass system. The trains would include high pressure  booster pumps and isobaric ERDs. Operating recovery of the first pass trains would be variable  between 43 and 47 percent. The RO trains, related pumps, and ERDs would be arranged in an  N+1 configuration, with a total of three process trains for the 4.9 mgd plant option and six  process trains for the 9.1 mgd plant option. lcl  The product water from the RO system would be post-treated with calcite and carbon dioxide for  stabilization. For disinfection, the product would be dosed with sodium hypochlorite and stored  in a single 2.5 MG storage tank.  Overall the treatment approach is gauged to be sound, though the proposed RO system design  would produce a lower quality product than the proposed Cal-Am system, consisting solely of a  single pass of RO treatment. The greatest process risk is likely associated with the proposed  open intake and feed water delivery system. Water quality sampling conducted at depth has  indicated the raw seawater will likely be low in turbidity and suspended solids. This is backed  up by available literature. Intake depth can have a significant impact on water quality. Sun rays  are absorbed by the ocean surface, limiting photosynthesis and algae quantity as depth increases.  It is for this reason that deep water intakes typically provide feed water with less biological  activity and fewer suspended solids than conventional open water/surface intakes. However, the  disadvantage is that seawater temperature decreases with depth, increasing either membrane  surface area or feed pressure required for treatment. On the other hand, more stable annual  temperatures at this depth may facilitate plant design and operation l I . To address the  temperature issue, DWD has proposed warming the supply in proprietary system on the MiLPP  site. The proposed system is subject to a non-disclosure agreement at present, limiting the  publicly available information. However, it appears the system will likely be integral to  operations at the MLPP, providing a cooling water source. The approach is certainly synergistic,  but it also in effect links operations between MLPP and the desal plant to a certain extent,  introducing potential reliability issues. In addition, there is no experience with the effect of  warming a deep source supply. There is potential for the increase in temperature to cause an  increase in biological activity and associated biological fouling within the treatment process.  There is no way to gauge the potential magnitude of this risk element at this time. The DWD  project proponents do not consider it a large concern and have not proposed a pilot test program  on the candidate source water and overall pretreatment process. The issue becomes what would  be the impact of a problem discovered once the project was built? Remedies may be limited if  the warming process is contingent on an agreement between Dynegy and DWD. If the warming  process could be bypassed, then the issues with cold water treatment would come into play,  increasing RO system operating pressures and potentially exceeding operating capabilities of  installed pumping equipment.  I°  DWD Response to SPI Questions, September 12, 2012  II  Cartier G., Corsin P. - Description of Different Water Intakes for SWRO Plants. IDA World Congress- Maspalomas, Gran Canaria —Spain October 21-26, 2007- REF: IDAWC/MP07-185.  c 170 1,    January 20 13 Page 3- 7  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 104, Packet Page 130 PROJECT FUNCTION MONTEREY PENINSULA REGIONAL WATER AUTHORITY  The RO process design from an operations perspective is conservative, with N+1 redundancy for  all process units. There is no proposed feed storage tank, which is considered acceptable; but the  lack of any type of redundancy in product storage is a concern; as any required maintenance on  the tank would necessarily require a shutdown of the treatment facility unless suitable temporary  storage could be obtained.  A preliminary  site plan DWD indicates the proposed site is sufficient  to accommodate the proposed treatment plant facilities and related administrative and  maintenance facilities adequately.  From a process perspective, the proposed pretreatment system design is likely acceptable. There  is sufficient precedence for single stage filtration on open seawater intakes among successfully  operating facilities to provide confidence in this approach 12 . The proposal does not include  acidification or antiscalant dosing to the first pass RO system feed water, but this is likely  acceptable if recovery is limited to the proposed operating range. A larger concern is with the  RO system process design as a single pass system which would produce a treated product supply  with TDS, boron and chloride levels above the existing supplies from the Carmel River. It is our  recommendation that any desalination system incorporating RO as the primary process for  Peninsula customers include a partial (at least 40 percent) second pass RO system to further  improve product quality, especially at the elevated temperature operation proposed.   3.2.4 Residuals Handling  Backwash waste from the filters would be collected in a 175,000 gallon settling tank, with decant  sent to a separate 150,000 gallon tank for disposal along with the RO brine. RO brine would be  sent to  back to the existing MiL,PP outfall for disposal along with the plant cooling water through  their existing ocean outfall at a projected dilution ratio between 20 and 60 to 1. DWD also  proposes to neutralize chemical cleaning wastes and dispose of them with the brine as well.  During our site visit it was made clear that an agreement between DWD and Dynegy for use of  the cooling water outfall was still subject to negotiation among the parties.   3.2.5 Feed Water Characterization  DWD has a buoy in the area of the proposed intake collecting data on salinity, temperature and  turbidity at fixed intervals. Comprehensive analytical data is not available at this time. DWD  has retained Tenera Environmental to conduct a 12 month study on impingement and  entrainment issues. Sampling in support of the study is ongoing. Tenera did conduct a  preliminary analysis based on available information and a proposed intake flow of 25 mgd. That  report found low projected levels of entrainment. However, additional more detailed analyses  are required based on site specific data; in particular to assess the presence of a large, vertical  mixing zone at the interface of the submarine canyon in the bay 13 .   3.2.6 Quality of Project Information  Available documentation for the DWD project is adequate at this stage of project development.  DWD has not yet progressed with their formation of a joint powers authority (JPA) for project  implementation and production of environmental permitting packages. Information collected to  12  DWD Response to SPI Questions, September 8, 2012.  Tenera Environmental, Preliminary Modeling of Potential Impacts from Operation of a Desalination Facility  Ocean Intake, August 22, 2012.  Page 3-8 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 105, Packet Page 131 MONTEREY PENINSULA REGIONAL WATER AUTHORITY PROJECT FUNCTION  data has largely been in service of defining the project approach, securing agreements, and  developing project cost estimates. The nature of the agreement between DWD and Dynegy is  still confidential between the parties.  A listing of documents provided in addition to the response to the TAC is as follows:  O  Product Water Pipeline Alignment  O  Intake Pipeline Hydraulic Grade Line  O  Draft Design Criteria  •  Tenera – Preliminary Intake Assessment  O  Conductivity, Temperature and Turbidity Data May 30 – June 12, 2012.  O  Raw Water Characterization Program Memo  O  Capital and O&M Cost Estimate Worksheets  O  Site Layout for Capurro Ranch  O  Presentation: An Oceanographic Solution to Product Freshwater, August 2012  Overall the information is considered sufficient to evaluate the proposed project from a technical  and economic perspective.  3.2.7 Omissions or Fatal Flaws  We have not identified any fatal flows of a technical nature with the DWD proposed system.  The only omissions of information are acknowledged by DWD and related to the agreements  between DWD and Dynegy.  32 PEOPLES MOSS LANDING (PML)  3.3.1 Project Purpose  PML proposes a project that could serve the defined demand within the Cal-Am service area for  a desal supply of either 5,500 AFY or 9,000 AFY.  3.3.2 Customers Identified  PML seeks to supply either 5,500 AFY or 9,000 AFY to Cal-Am. Supply to other customers is  not proposed.  3.3.3 Adequacy of Treatment Approach  PML proposes two plant design capacities to meet the 5,500 AFY and 9,000 AFY delivery  targets-4.8 mgd and 9.1 mgd. Each of these capacities is different than the Cal-Am listed flows  of 5.4 mgd and 9.0 mgd, respectively. The difference results from their targeting deliveries of  January 20 13 Page 3- 9  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 106, Packet Page 132 PROJECT FUNCTION MONTEREY PENINSULA REGIONAL WATER AUTHORITY  5,000 AFY and 10,000 AFY in their response to the TAC and subsequent information provided  to SPI.  PML proposes to use an existing seawater intake system originally installed to serve the Kaiser  Refractories Moss Landing Magnesia Plant back in 1968—the same site that is now called the  Moss Landing Commercial Park (MLCP). The pump station draws from the Moss Landing  Harbor and supplies water to the site through two 36-in diameter pipelines that cross beneath  Hwy. 1 through a pair of 72-in corrugated steel conduits. One of the pipelines has been  upgraded to steel throughout its length; while the second maintains a section of the original wood  staved piping on site. Proponents have also indicated the ability to repurpose the existing site  seawater outfall as dual intake-outfall conduit extending into the Monterey Bay out front of Moss  Landing Harbor. The existing concrete outfall is 51-in internal diameter; and could have a new  intake line installed in the annular space; with brine flowing out in the opposite direction. Cost  estimates provided to SPI were based on use of the existing intake system so this approach forms  the basis of our evaluation.  The 1968 drawings show the installation of seven pumps. The condition of the pumps at this  time is unknown; but would likely require rehabilitation and rework to supply the proposed  treatment plant. The pump bowls reportedly draw from below the harbor seafloor, but the actual  depth is unknown.  The MLCP site still contains infrastructure from the time it was employed as a magnesium  extraction facility. The total site occupies roughly 200 acres; with a proposed 25 acre parcel  offered for sale or lease as part of the proposed desal treatment plant. Available facilities offered  for use include the following:  o  Intake pumps and pipeline and outfall pipeline.  o  Up to four 5.0 MG concrete storage tanks.  o  A 121cV, 12,000 amp electrical service along with two 1,000 amp engine generators.  o  Rail transportation terminal.  •  Non-exclusive easements for site access.  o  Non-exclusive use of a 2,100 gpm well supply source.  o  A 5,000 gpd trailer-mounted pilot plant.  o  Up to 20,000 sq. ft. of existing buildings.  Existing infrastructure is in various states of repair as detailed in two site investigations 14 " 5 and  would require some refurbishment and rework to be acceptable for integration, into a municipal  drinking water facility. Portions of the site are likewise located within the flood plain 16  and  constructed facilities would need to be built in accordance with any ensuing requirements.  "Replacement Cost Approaisal Summary Report, prepared by Landmark Realty Analysts, Inc., October 3,2011.  15  Structural Evaluation, Intake & Outfall Pipelines, Intake Pump Station and Water Storage Reservoirs, The  People's Moss Landing Water Desalination Project, Moss Landing Green Commercial Park, Modd Landing, CA,  August 14, 2012.  16 Monterey County Planning & Building Inspection Department; Meeting September 30, 2004, Agenda Item 6.  Page 3- 10  January 20 13  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 107, Packet Page 133 MONTEREY PENINSULA REGIONAL WATER ALITHORITY PROJECT FUNCTION  The proposed PML treatment system would include inlet screens, booster pumps, single stage  pressure filters, an ultrafiltration (UF) membrane treatment system, antiscalant dosing system,  high pressure booster pumps with pressure exchange type ERDs, single pass RO system, post- treatment system, and product storage and distribution pump station. The RO system would  operate at 40 percent recovery and limit operating flux to 8 gfd. The UF system would operate at  a proposed flux of 35 gfd.  The product water from the RO system would be post-treated with calcite and carbon dioxide for  stabilization, along with addition of a corrosion inhibitor. For disinfection, the product would be  dosed with sodium hypochlorite and stored in existing tankage on site.  PML did not provide a detailed list of equipment or a site layout plan, stating that it was too early  in the development of their project to have that information developed. It is therefore somewhat  difficult to gauge the robustness of their approach. From the narrative description provided and  listed membrane area assumptions, it is not clear that the major UF and RO train equipment  contain redundant process units.  From a process perspective, the proposed pretreatment system design may be acceptable. The  largest unknown is the quality of water that will be extracted from the Moss Landing Harbor.  There could be organics, metals and other contaminants entrained in the sediments overlaying  the supply pumps that could complicate treatment. PML has proposed conducting a pilot study  program prior to finalizing their process design, so this should help allay concerns. A previous  pilot study conducted at MLPP found that direct UF pretreatment operated in concert with a  coagulant was effective at pretreating a supply drawn from the Moss Landing Harbor, but that  flux should be limited to 30 gfd 17 .  A larger concern is with the RO system process design as a single pass system similar to the  DWD approach. As stated in that discussion, we recommend including a partial second pass RO  treatment system to produce a final product quality more in keeping with current supplies in the  distribution system.  3.3.4 Residuals Handling  Pretreatment residuals would come from the proposed filters and UF process units. A backwash  recovery system is proposed, with decant sent to the outfall with the RO system brine stream.  Neutralized UF and RO cleaning wastes would be treated similarly; or recovered for reuse within  the MLCP. Brine would be discharged to the existing outfall.  The outfall is currently not in use and there is evidence of disrepair in a video survey conducted  sometime prior to 2008 18  . The video shows evidence of several areas of decoupling along the  main outfall alignment. Also, according to the original plans, the outfall was installed below  grade until the diffuser section 19 . However, portions of the main outfall appear to be currently  uncovered; and one section shifted up—possibly as a consequence of the 1989 Loma Prieta  earthquake. Many of the diffusers are clogged and covered with marine growth; and from the  17 Coastal Water Project Pilot Plant Report, May 2010, WWII  18  Outfall Video, Moss Landing Marine Lab, California State University.  19  Seawater Outfall for Kaiser Aluminum and Chemical Corporation, Moss Landing, California, by Kaiser  Engineers, 1971.  January 2013 Page 3-11  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 108, Packet Page 134 PROJECT FUNCTION MONTEREY PENINSULA REGIONAL WATER AUTHORITY  terminus of the outfall it appears it may be largely filled with sand—up to half of the  circumference. Consequently a fair amount of rehabilitative work would be required to place the  outfall into service, and more detailed assessment—including an inspection of the interior of the  outfall—is warranted.   3.3.5 Feed Water Characterization  PAIL does not at this point have analytical data characterizing the proposed raw water supply. It  will presumably be collected during their planned pilot test program.   3.3.6 Quality of Project Information  The PAIL project is the least developed among the three as evidenced by the level of information  provided. They were however very forthcoming in sharing all that was available, including  original construction plans for the intake and outfall, video survey of the outfall, and other site  specific reports.  A listing of documents provided in addition to the response to the TAC is as follows:  O  Construction Plans: Seawater Outfall  o  Construction Plans: Relocation of Sea Water Intake  O  The People's Moss Landing Water Desal Project, Important New Updates, July 2012  O  Response to SPI Questions, September 4, 2012 and September 27, 2012  O  Environmental Issues and Constraints Report, SMB Environmental, September 2012  O  Structural Evaluation, JAMSE Engineering Inc., August 2012.  O  Replacement Cost Appraisal Summary Report, Landmark Realty Analysts, Inc.,  October 2011.  o  Adopted Waste Discharge Requirements Order No. R3-2009-002, National Pollutant  Discharge Elimination System (NPDES) Permit No. CA0007005 – Moss Landing  Commercial Park and Moss Landing Cement Company, Moss Landing Cement  Company Facility, Monterey County, March 2009.  Overall, the lack of specificity as to the proposed plant facilities makes the technical and  economic evaluation difficult and forces us to make additional assumptions on our own.   3.3.7 Omissions or Fatal Flaws  We have not identified any fatal flows of a technical nature with the PML proposed system. The  primary omission is the lack of defined lists of equipment in order to assist in validating cost  estimates.  Page 3- 12 January 20 13  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 109, Packet Page 135 MONTEREY PENINSULA REGIONAL WATER AUTHORITY PROJECTED PERFORMANCE  4  PROJECTED PERFORMANCE  This section discusses the following performance issues for each project:  O  Plant design capacity  o  Targeted product water quality  •  Disinfection strategy  Plant design capacity refers to the proposed instantaneous flow achieved by a given plant design  to achieve the annual produced water flow of 9,000 AFY or 5,500 AFY. The design capacity of  a facility impacts both its construction and operating cost, and must take account of issues such  as equipment redundancy, periodic maintenance, and overall online operating factor.  The issue of product water quality is closely tied to the proposed demineralization system  process design of each facility. As discussed previously, DWD and PML have proposed single  pass RO systems; while Cal-Am has proposed a partial (40 percent) second pass system. The two  approaches will produce different qualities of final product water from an overall salinity  perspective, as well as levels of boron and chloride.  In addition to salinity and individual constituent targets, the design must also achieve regulatory  pathogen removal thresholds. The California Depaitinent of Public Health (CDPH) has primacy  to regulate public water systems within the State. As such, they will review these proposed  treatment approaches for compliance with the Surface Water Treatment Rule (SWTR) and the  Long Term 2 Enhanced Surface Water Treatment Rule. It is anticipated the slant wells proposed  for the Cal-Am project would be deemed groundwater under the influence of surface water and  subject to the surface water regulations, as would the open intake sources for DWD and PML.  Pathogen removal/inactivation requirements are quantified in increments of influent to effluent  concentration, expressed in a log scale. For example 3-log removal is 99.9%. CDPH will  establish the log removal requirements of a project based on information on the quality of the  source water and other factors. The expected ranges of possible requirements for these projects  are 3-5 for Giardia; 2-4 for cryptosporidium (crypto); 4-6 for virus. Some project proponents  have indicated an expectation the requirements will fall at the low end of the ranges.  Each treatment process is assigned a log removal credit for each pathogen. By summing the  credits of all processes in the multi-barrier approach (filters, RO, disinfection, etc.) a total credit  is achieved to meet or exceed the regulatory requirement. Under the disinfection strategy  discussion we consider the removal credits likely achieved by the proposed projects.  4.1 CALIFORNIA AMERICAN WATER (CAL-AM)  4.1.1 Plant Design Capacity  Defined demand requirements for the proposed supply to the Monterey Peninsula customers are  5,500 AFY and 9,000 AFY. Plant designs are rated in instantaneous production capacities for  the purposes of sizing equipment (pumps, RO membrane trains, etc.) in units of mgd. 1.0 mgd is  equivalent to annual production rate of 1,120 AFY. The required minimum plant capacity would  therefore translate to 4.9 mgd or 8.0 mgd. This however is not necessarily what we would  recommend as a conservative municipal plant design basis. Equipment breaks down, membranes  January 20 13 Page 4- 1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 110, Packet Page 136 PROJECTED PERFORMANCE MONTEREY PENINSULA REGIONAL WATER ALITHORITY  require cleaning, power outages occur. Without excess treatment capacity or high levels of  component redundancy, annual deliveries could fall short.  Cal-Am has proposed a design capacity basis of 5.4 mgd or 9.0 mgd. These capacities are fairly  close to what you would get by assuming the treatment plant is on-line and producing water 90  percent of the time, which results in capacities of 5.45 mgd and 8.92 mgd. A 90 percent on-line  factor is consistent in our experience of a well-designed and operated municipal RO plant that  does not have redundant process units (e.g., RO trains). In Cal-Am's case, they are proposing  redundant process units, so it's likely the facility will be capable of producing its nameplate  capacity of 5.4 mgd or 9.0 mgd better than 90 percent of the time.  An additional issue specific to Cal-Am however is the potential extraction and return of  groundwater from the SVGB. Cal-Am estimates as much as 8 percent of the plant's annual  production capacity may need to be returned to the basin—up to 780 AFY for the 9,000 AFY  demand scenario20 . This has the effect of increasing the armual flow requirement to 5,960 AFY  or 9,780 AFY; and corresponding minimum plant design capacity to 5.3 mgd or 8.7 mgd.  Looked at another way, the plant would need to run at the proposed design capacity roughly 98  percent of the time to meet the higher delivery requirement. With the level or redundancy in Cal- Am's design we consider this achievable but not overly conservative.  4.1.2 Targeted Product Water Quality  Though Cal-Am has produced a good degree of information to date with regard to their proposed  project, the majority has been in service of supporting their CEQA and CPUC approval  processes. They have specifically not developed a target product water quality specification,  beyond stating the final product water will meet all State Maximum Contaminant Levels (IVICLs)  and be non-corrosive. Rational for a partial second pass RO system includes concerns over  levels of boron, chloride and sodium in the final product water as wel1 20 . Also in a presentation,  Cal-Am projected treated water TDS from the plant of 380 mg/L and chloride level of 60 mg/L  to blend with existing supplies with a TDS of 440 mg/L and chloride level of 90 mg/L 21 .  From their proposed process design and post-treatment strategy we can however model projected  product quality independently. In Table 4-1 we have summarized our projection of water  quality produced from a partial two-pass RO process (40 percent blend of second pass product)  stabilized with calcite, carbon dioxide and sodium hydroxide.  RBF Memorandum, Monterey Peninsula Water Supply Project (MEPWSP) Project Description, April 20, 2012..  21 Presentation — Monterey Peninsula Water Supply Project — Presentation to Monterey Co. Water Resources  Agency, June 25, 2012.  Page 42 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 111, Packet Page 137 MONTEREY PENINSULA REGIONAL WATER AUTHORITY   PROJECTED PERFORMANCE  Table 4-1 - Summary of Projected Product Quality from Cal-Am Facility  , -  .. - :- .. s .:3, - - %,  -,,,,,,,  Total Dissolved Solids  mg/L  380  Chloride  mg/L  60  Boron  mg/L  0.5  pH  units  > 8.0  Calcium  mg/L as CaCO3  40  Alkalinity  mg/L as CaCO3  40  4.13 Disinfection Strategy  Cal-Am has stated their intent for their pathogen removal credits to comply with the Surface  Water Treatment Rule (SWTR) and achieve 4 log removal of giardia and 6 log removal of virus.  This would be accomplished through a multi-barrier treatment approach including their intake  wells, pretreatment filters, RO process, chlorine disinfection, and (if required) UV disinfection.  Our evaluation of the proposed Cal-Am process in terms of specific pathogen credits is presented  in  Table 4-2.  The ability of Cal-Am's slant-wells to receive aquifer (bank) filtration credit is  uncertain (dependent on design and local conditions) and the inclusion of UV disinfection is  tentative, totals were calculated with and without those values.  Table 4-2 - Summary of Projected Pathogen Credits for Cal-Am Project  CDPH Requirement (Potential Range)  3-5  2-4  4-6  Aquifer Filtration  1  1  -  Granular Media Filtration  2.5  2  2  RO  2  2  2  UV  2  2  Chlorination  0.5  TOTAL without Aquifer Filtration Credit &  UV  5  4  6+  TOTAL without UV  6 '  5  6+  TOTAL of All  6+  6+  6+  January 2013   Page 4-3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 112, Packet Page 138 PROJECTED PERFORMANCE MONTEREY PENINSULA REGIONAL WATER AUTHORITY  4.2 DEEPWATER DESAL (DWD)   4.2.1 Plant Design Capacity  The original DWD response to the TAC included proposed demand conditions of 25,000 AFY  and 10,700 AFY, with plant capacities of 22.3 mgd and 9.1 mgd. In response to questions from  SPI, DWD proposed to meet the 9,000 AFY condition with their original 9.1 mgd plant capacity,  and the 5,500 AFY condition with a plant rated at 4.9 mgd.  Using the same performance metrics discussed above for Cal-Am, the DWD facility would need  to operate at an online factor of roughly 100 percent for the 5,500 AFY demand condition; and  88 percent for the 9,000 AFY scenario. It's unclear why DWD used varying assumptions for  each condition, but could be a consequence of their larger, regional facility . approach and an  assumption that the 5,500 AFY supply would be served as a portion of a larger capacity  treatment plant.  Like Cal-Am, DWD includes sufficient redundancy in their proposed treatment system  equipment to justify a greater than 90 percent online factor. On an equivalent basis with Cal- Am, a 98 percent online factor would result in plant capacities of and 5.0 mgd and 8.2 mgd,  respectively.   4.2.2 Targeted Product Water Quality  In their response to questions from SPI, DWD provided their target product water quality which  is reproduced in  Table 4-3.  In general, DWD proposes to provide a product supply that is  compliant with all applicable drinking water regulations, is non-corrosive, and compatible with  existing supplies in the Cal-Am distribution system.  Table 4-3 - Summary of Projected Product Quality from DWD Facility  ; ; I:110 76_ 1:; s .7:r;     mg/L  Total Dissolved Solids  <500  Chloride  rng/L  128  Boron  mg/L  <0.9  pH . •  units  7.0 - 8.0  Calcium  mg/L  20- 50  Alkalinity, as CaCO3  mg/L  >55  Due to their proposed warming process, the product water will also likely have a temperature  between  29 3/1 up to 26 °C  (81 93 79 °F). This may be excessive depending on the  temperature of existing supplies within the Cal-Am distribution system, temperature loss during  transmission and their ability to blend and lower the delivered temperature to customers.  Page 4-4   January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 113, Packet Page 139 CDPH Requirement (Potential Range)  Granular Media Filtration  Chlorination  Parameter  MONTEREY PENINSULA REGIONAL WATER AUTHORITY PROJECTED PERFORMANCE  4.2.3 Disinfection Strategy  DWD will achieve required disinfection and pathogen removal credits though media filtration,  RO, and chlorine disinfection. We project the overall process to achieve overall requirements as  summarized in  Table 4-4.  Table 4- 4 -  Summary of Projec ted Pathogen Credits for DWD Projec t  4.3 PEOPLES MOSS LANDING (PML)  4.3.1 Plant Design Capacity  The PML response to the TAC included proposed demand conditions of 5,500 AFY and 10,700  AFY, with plant capacities of 4.8 mgd and 9.4 mgd. In response to questions from SPI, PML  proposed new capacity increments of 5,000 AFY and 10,000 AFY. Corresponding production  capacities were not provided, though a narrative equipment list with design operating flux and  membrane area and element assumptions were provided for each scenario. From this  information, we calculated a plant design capacities of 4.5 mgd and 9.0 mgd—roughly  equivalent to producing 5,000 AFY or 10,000 AFY if operated continuously (100 percent online  factor). Actual target delivery scenarios for the peninsula are 5,500 AFY and 9,000 AFY.  From the equipment information provided it does not appear that any excess membrane area is  proposed that would indicate the presence of redundant equipment. With this approach, a lower  assumption of achievable plant online factor would be recommended. However, we do not  consider the approach good design practice and find it at odds with proposed systems from the  other candidate proponents. We have therefore evaluated the PML system in our analysis of  having redundant process units and therefore an equivalent system design capacity to DWD of  either 5.0 mgd or 8.2 mgd.  4.3.2 Targeted Product Water Quality  PML provided their target RO product water quality in a response to SPI, which is reproduced in  Table  4-5Table 4-3. Included in the response was a statement that final product quality has not  been established, but would meet all requirements stipulated in U.S. EPA drinking water  standards.  January 20 13 Page 4- 5  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 114, Packet Page 140 • PROJECTED PERFORMANCE   MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Table 4- 5 -  Summary of Projec ted Produc t Quality from PML Fac ilityl  11irti,=.)    —=  Total Dissolved Solids  mg/L  225  Chloride  mg/L  131.  Boron  mg/L  0 .6  pH  units  6.6  Calc ium  mg/L  1  Alkalinity,  as CaCOs  rng/L  1 Listed quality is projected permeate from the RO system, prior to final stabilization and pH adjustment.  4.3.3 Disinfection Strategy  With their currently proposed pretreatment strategy, sufficient log removal credits for giardia,  crypto and virus should be achievable. One unknown however is the level of organics that may  be present in the harbor-extracted supply; and the potential to create disinfection byproducts.  This issue should be explored in the planned pilot test program, which will also be used to  finalize the proposed process design and disinfection strategy. Our evaluation results are  presented in  Table 4-6.  Table 4- 6 - Summary of Projec ted Pathogen Credits for PIVIL Projec t  ' T  et:110 '.J(:= _     ....._  ._   CDPH Requirement (Potential Range)  3- 5  2- 4  4- 6  Granular Media Filtration  2.5  2  2  MF/UF  4  4  2  RO  2  2  2  Chlorination  0 .5  2+  TOTAL  6+  6+  Page 4- 6   January 20 13  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 115, Packet Page 141 MONTEREY PENINSULA REGIONAL WATER AUTHORITY ECONOMICS  5 ECONOMICS  In our original project scoping technical memorandum2  we recommended the following criteria  to evaluate the candidate projects on an equivalent basis:  o  Uniformity in plant design capacity for the two non-regional approaches; equivalent  capacity allocation for the proposed DWD regional project.  O  Equivalency in treatment to achieve: a common RO feed water quality following  pretreatment; a common treated water quality goal; and pathogen removal credits  required for the applicable supply source.  O  Uniformity in equipment redundancy.  O  Uniformity in unit cost criteria for common items.  o  Uniformity in cost factors applied to aggregated costs (e.g., contingencies; electrical  and I&C costs; etc.).  O  Uniformity in unit costs for chemicals and other consumables for treatment  evaluations.  We accomplished implementing the above principles in large measure in our economic  evaluation. We adjusted plant capacities for the evaluation on the basis described in Section 4,  rating Cal-Am's proposed system at design capacities of 5.4 mgd and 9.0 mgd; and the DWD  and PMEL systems at 5.0 ingd and 8.2 mgd. In terms of treatment process, we attempted to  maintain the overall proposed process design of the proponents, but did evaluate all as including  a partial (40 percent) capacity second pass RO system. We also assumed N+1 redundancy on all  rotating equipment and major treatment process units (e.g., filters, RO membrane trains). We  employed an equivalent basis in developing our capital equipment cost estimates, relying on  targeted quotes for equipment and SPIs cost information from past, similar seawater RO projects.  For indirect costs, we assumed fixed factors and applied them uniformly to each project. Each  factor, expressed as a percentage, was applied to estimated plant construction cost, absent costs  associated with off-site trenched pipelines. These factors included the following:  I. Implementation Costs at 25 percent, to include items such as permitting, pre-construction  design services, procurement development, and compliance activities.  2.  Mobilization/Demobilization costs at 2 percent to account for supply and removal of  contractor equipment to the facility during construction.  3.  Electrical and I&C Systems cost at 18 percent, accounting primarily for post-service  switchgear, motor control centers, drives, conduits, wire and SCADA systems.  4.  Engineering and Startup cost at 15 percent, to include contractor engineering, overhead,  profit and commissioning expenses.  In addition, specific allowances were made to account for offsite right-of-way, easement and  land acquisition costs, to cover items such as roadway repair, rehabilitation and replacement,  separate from pipeline construction costs. These were applied at $80/LF for offsite trenched  pipelines, in the absence of more specific proponent developed estimates. Similarly, additional  January 20 13 Page 5- 1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 116, Packet Page 142 ECONOMICS  MONTEREY PENINSULA REGIONAL WATER AUTHORITY  project specific costs were applied as applicable for things like annual property lease and  administrative payments and pilot testing.  In addition to indirect costs, final contingency and mitigation allowances were applied. For  contingency, we recommend a value of 30 percent at this stage of project development. While  some proponent projects have more project definition than others at this stage, we find  significant risk elements for each that warrant this level of conservatism. For mitigation, we've  applied a 1 percent allowance to the overall project cost. As no project has advanced to the stage  where a mitigation plan is in place, we consider it prudent to consider a pro-forma allowance at  this time.  Capital facilities costs have been aggregated into the following seven categories for presentation:  1.  Intake/Outfall Facilities—includes costs associated with intake wells and pump stations  along with corresponding facilities associated with brine disposal.  2.  Pretreatment and Residuals Handling — includes facilities for the pretreatment of seawater  ahead of the RO system, including filters, chemical feed systems, storage tanks and  related facilities associated with the treatment and disposal of any residuals.  3.  Desalination System — covers the RO membrane trains, high pressure feed pumps, energy  recovery devices, and membrane cleaning system.  4.  Post-Treatment — includes product stabilization systems and disinfection processes.  5.  Distribution Facilities — includes treated water storage and pumping systems.  6.  Site Structures — includes buildings, roads, landscaping, site fencing and other structures.  7.  Offsite Trenched Pipelines — Includes all supply, product and brine disposal pipelines.  Product pipelines were estimated to a common terminus in Seaside at the existing Cal- Am meter location.  For annual operating costs and other expenses we implemented a similar approach. Chemical  unit prices were standardized across our estimates as listed in  Table 5-1.  Table 5-1 - Summary of Chemical Unit Prices  Sodium Bisulfite  $0.45/1b  Sodium Hypochlorite  $1.12/1b  Sodium Hydroxide  $0.20/1b  Lime  (Calcite)  $0.17/113  Carbon Dioxide  $0.22/1b  Scale Inhibitor (antiscalant)  $1.63/1b  Sulfuric Acid  $0.15/1b  Ferric Chloride  $0.40/1b  Page 5-2   January 2013   irRib)   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 117, Packet Page 143 MONTEREY PENINSULA REGIONAL WATER AUTHORITY ECONOMICS  The rates were primarily based on Cal-Am' s response to SPI' s questions, though we did use the  DWD unit prices for sodium bisulfite. Cal-Am's listed price for sodium bisulfite ($2.70/1b)  seemed high and was significantly above other pricing on this chemical that we have seen.  In terms of chemical application rates/dosages, we primarily maintained the rates proposed by  the individual proponents, unless we found a process-specific reason to adjust them. _  Similar to the capital cost estimates, annual operating and maintenance (O&M) costs were  aggregated for presentation into four main categories—Energy, Chemicals, Expendables, and  Other. Each facility was assumed to operate full time (365 days per year). Energy costs were  developed by estimating loads and efficiencies of motorized equipment items and assigning an  electrical unit cost. Cal-Am provided variable summer and winter electrical rates from PG&E at  an average annual cost of $0.131/kW-hr. The other two projects in the Moss Landing area  proposed rates of $0.08/kW-hr. We were not able to disprove any of the listed rate assumptions  and therefore left them as stated by the individual proponents for the purposes of our evaluation.  The expendables category includes replaceable media for filters (including MI/UF) and RO  process membranes. Equivalent unit costs were used for MF/UF process membranes ($1,000 per  module), cartridge filter elements ($16 per 40-in cartridge), and RO membrane elements ($500  per element). Both MF/UF and RO process membranes were assumed to have a 5-year life.  The Other category lists separately operations and maintenance labor and equipment replacement  costs. Cal-Am provided the most detailed estimate of operation and maintenance labor  requirements and costs, which were therefore applied equally across the three projects. It is  reasonable to assume at this point that any of the candidate facilities would be operated by a  contract operations group with a similar pricing structure.  For an equipment replacement allowance, we instituted a common factor of 1.5 percent of the  complete system cost (including offsite trenched pipelines but prior to application of indirect  costs, contingencies, and mitigation allowances) as an annual expense.  The results of our evaluation are presented in  Table 5-2  on the following page. The table  summarizes our assessment of the relative cost of each project on the common evaluation criteria  described above. Based on the information used in its preparation and our overall scope of  evaluation, we would consider it a Class 5 estimate as defined by the Association for  Advancement of Cost Engineering (AACE), having an accuracy range of -30 to +50 percent.  The AACE defines the use of Class 5 estimates as focused on conceptual screening of  alternatives. In the context of this project, we consider the costs useful for a comparison of the  various proponent projects among themselves, as the costs were developed on an equivalent  basis. The overall level of project development and the scope of our evaluation do not warrant  the costs to be used on a stand-alone basis as a reliable indication of future construction and  operating costs.  CS- A1)   January 20 13 Page 5- 3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 118, Packet Page 144 ECONOMICS   MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Table 5-2 - Summary of Evaluated Capital and Operating Cost Estimates  _  -   . . Oast Element - . . -  Projec t Proponent  .Cal- Am DWD PML  .-  `. 5:5 - kAFY • .9 kAFY~ ." '..5.5 kAFY  . -   CAPITAL COSTS (In Millions 2012 Dollars)  Intake/Out- fall  Facilities  $23.0  $17.7  $-0-  $-0-  $-0-  $-0-  Pretreatment & Residuals Handling  $10.6  $7.94  $11.2  $7.94  $20.2  $13.6  Desalination System  $22.4  $15.0  $19.4  $13.2  $19.9  $14.0  Post-Treatment  $1.48  $0.88  $1.48  $0.88  $1.66  $1.07  Distribution Facilities  $6.14  $5.08  $3.35  $3.26  $0.35  $0.26  Site Structures  $11.5  $10.8  $3.65  $2.52  $10.0  $7.00  Offsite Trenched Pipelines  $24.9  $24.9  $23.0  $22.7  $25.1  $25.1  Indirect Costsl  $57.5  $50.3  $52.9  $42.7  $67.9  $62.3  Contingency Allowance (30%)  $47.2  $39.8  $34.5  $28.0  $43.6  $37.0  Mitigation Allowance (1%)  $1.60  $1.30  $1.20  $0.90  $1.50  $1.20  TOTAL  $206  $174  $151  $122  $190  $161  ANNUAL O&M COSTS (in Millions 2012 Dollars)  Energy  $5.38  $3.26  $3.44  $2.10  $3.98  $2.43  Chemicals  $0.32  $0.19  $0.81  $0.49  $0.93  $0.57  Expendables  $0.69  $0.45  $0.78  $0.52  $1.09  $0.65  Other Proponent Expenses  $1.59  $1.45  -  O&M Labor  $2.69  $2.36  $2.69  $2.36  $2.69  $2.36  Equipment Replacement 2  $1.50  $1.23  $0.93  $0.76  $1.16  $0.92  TOTAL  $10.6  $7.49  $10.2  $7.68  $9.85  $6.93  ANNUAL COST OF WATER (in Millions 2012 Dollars)  Capital Recovery3  $19.1  $16.2  $8.73  $7.06  $11.0  $9.37  Total Annual Cost  $29.7  $23.7  $18.9  $14.7  $20.9  $16.3  Production Cost of Water (S./M) 4  RANGE (VAF)  $3,300  52, 310  - $4, 950   $4,310  0 30 17-  $6, 465  $2,100  $1, 470  - $3550   $2,670  $1870 -  $4, 0 0 5  $2,320  51, 65 -  53, 480   $2,965  $2, 0 75 - $4, 450   lIncludes implementation costs at 25%; ROW easement] and costs, mobilization/demobilization at 2%; electrical and l&C  systems at 18%; engineering and startup at 15%; and addlional project proponent prescribed costs. All percentages applied  to plant facilities costs.  2 Calculated as 1.5%of plant facilities costs.  3 Capital recovery factor for DWD and PML based on an interest rate of 4.0%and term of 30 years; based on an interest rate of  8.49%and 30 years for Cal-Am; see additional discussion in Section 5.  4 0verall accuracy of costs is estimated at AACE Class 5 with an accuracy of -30%to +50%; range values indicate potential  spread.  Page 5-4   January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 119, Packet Page 145 MONTEREY PENINSULA REGIONAL WATER AUTHORITY ECONOMICS  A Capital Recovery Factor (CRF) is used to convert a single up-front capital cost into an annual  amount to be recovered, as if the money was repaid as a loan, based on an interest rate and time  period. As listed in Note 3 on Table 5-2, a CRF was used for the DWD and PML projects at an  interest rate of 4.0 percent. This rate approximates the cost of tax-exempt borrowing for publicly  financed projects which would likely be applicable to DWD and P,ML. In this case, the CRF  equals 0.05783  Cal-Am may not have access to public financing and could have a pre-tax weighted cost of  capital based on 5.0 percent market-rate debt (their authorized debt return is 6.63%) and 9.99%  percent equity return, grossed up for income and ad valorem taxes. This would result in higher  annual costs for Cal-Am than shown. However, there are additional differences in how public  versus private capital investments are amortized, the impacts of which are not analyzed in this  report. The Monterey Peninsula Water Management District has computed that for Cal-Am, a  CRF representing the average annual capital recovery over a 30-year period equals 0.92933  which would result as if the interest rate was 8.49%. This CRF is computed as follows:  {[(Pre-Tax Equity Return: 9.99% x 53% x 1.69 gross-up) +(Pre-Tax Debt Return: 5% x 47% x  1.69)-(Interest Paid Tax Off-Set: 5% x 40.25% effective tax rate divided by .99736 collectibles  rate)] +(Ad Valorem Taxes: 1.05%)]1/2 + (3.33% annual depreciation) = 0.092933 proxy CRF.  Specific additional considerations related to the costs for each project are provided below.  5.1 CALIFORNIA AMERICAN WATER (CAL- AM)  A summary of our estimate of capital system costs to that provided by Cal-Am is provided in  Table 5- 3.  For the most part, the two estimates align fairly closely. A discussion of individual  elements is presented below.  We found general agreement with Cal-Am's proposed costs for components of their proposed  intake and outfall systems. The slant well installation cost is in line with estimates we've seen  elsewhere; and the corresponding pipeline estimates are very detailed for this level of project  development. For the pretreatment and residuals handling systems, we found generally close  agreement—but did independently adjust costs for the pressure media filters based on an  equipment quotation we received. We also provided relatively minor adjustments to their  allowances for interconnecting piping, cartridge filters and chemical addition systems. For the  desalting system equipment, we priced components of the energy recovery system (isobaric  pressure exchangers and booster pumps) based on specific quotes from the manufacturer; and  priced the RO trains according to our own cost models similar to the other projects to provide a  consistent basis. We also developed our own estimates for the post-treatment system equipment.  For indirect costs, we did not find anything particularly objectionable; but did price factor-based  costs on the common percentage basis we established. Their cost for land and right-of-way  easements was found to be very detailed and comprehensive.  January 2013 Page 5-5  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 120, Packet Page 146 ECONOMICS   MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Table 5-3 - Summary of Cal-Am Capital Cost Evaluation  , ..., ^•- •- ''''' '7_  Cost Element , ' -' •  , r  13A, , Vg  fa@flaffi  rikg111:Pf.  ®  , r4c=' ,1  --  s - :,--P. :Pip,v/  $17.7  - •  ' ' ' ' ' '   9 kA  Intake/Outfall Facilities  $23.0  $17.7  $23.0  Pretreatment & Residuals Handling  $9.71  $8.52  $10.6  $7.94  Desalination System  $27.9  $19.2  $22.4  $15.0  Post-Treatment  $1.25  $1.09  $1.48  $0.88  Distribution Facilities  $6.14  $5.08  $6.14  $5.08  Site Structures  $11.5  $10.8  $11.5  $10.8  Offsite Trenched Pipelines  $24.9  $24.9  $24.9  $24.9  System Subtotal  $104  $87.3  • $100  $82.3  Plant Facilities (PF) Subtotal 2  $79.5  $62.4  $75.1  $57.4  Indirect Costs3  Implementation Costs (25% of PF)  ROW, Easement and Land Costs  Mobilization/Demobilization (2% of PF)  Electrical, l&C Systems (18% of PF)  Engineering/Startup (15% of PF)  Additional Proponent Prescribed Costs  $26.4  $6.20  $1.44  $15.4  $10.8  -0-  $26.4  $5.20  $1.21  $12.9  $9.03  -0-  $25.0  $6.20  $1.50  $13.5  $11.3  -0-  $25.0  $5.20  $1.15  $10.3  $8.62  -0-  Subtotal',   $164  $142  $158  $133  Contingency Allowance (30%) 3  $41.2 '  $35.5  $47.2  $39.8  Mitigation Allowance (1%) 3  $1.60  $1.40  $1.60  $1.30  TOTAL   $207  $179  $206  $174  All costs are presented in millions of 2012 dollars.  2  Plant facilities costs include the System Subtotal, less off site trenched pipelines.  3  Listed percent-cost factors apply only to the SPI developed cost estimates. Indirect costs, contingency, and mitigation allowances  shown under the Cal-Am estimates were provided by them and are presented accordingly without adjustment.  4  The listed subtotal includes both the sum of Indirect Costs and the System Subtotal.  Overall, the relatively high cost of the Cal-Am system is most directly tied to the cost of their  proposed intake system; while DWD and PWM have proposed relatively low cost alternatives.  Our corresponding operating cost estimates are provided in  Table 5-4.  Page 5- 6 January 20 13  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 121, Packet Page 147 MONTEREY PENINSULA REGIONAL WATER AUTHORITY   ECONOMICS  Table 5-4 - Summary of Cal-Am O&M Cost Evaluation  Ylik.1 Energy  $6.11  $3.73  $5.38  $3.26  Chemicals  $0.63  $0.39  $0.32  $0.19  Expendables  $0.72  $0.49  $0.69  $0.45  Other  Operations & Maintenance Labor  $2.69  $2.36  $2.69  $2.36  Equipment Replacement (1.5% of PF)  $1.61  $1.25  $1.50  $1.23  TOTAL   $11.8  $8.22  $10.6  $7.49  1 All c osts are presented in millions 0 120 12 dollars. In our estimate we adjusted some assumed operating efficiencies of centrifugal pumps and  motors from 80 percent to 75 percent; increasing costs somewhat. However, we decreased the  projected average operating pressure of the first pass RO membrane feed pumps and energy  recovery booster pumps based on projected operating conditions and water temperature. This  had the effect of lowering our overall energy estimate from that provided by Cal-Am. Our  chemical cost estimate is likewise lower, owing primarily to our lower unit cost factor for  sodium bisulfite.  Overall, Cal-Am's projected O&M cost is among the highest of the estimates for the three  proponent projects-a consequence of their higher energy cost directly tied to their more than 60  percent higher electrical rate. At an equivalent industrial rate of $0.08/1cW hr, annual energy  cost in our estimates would drop to $3.28 million/$2.00 million under each capacity alternative.  Cal-Am has recently indicated the potential of receiving power at an annual rate of $0.087/kW- hr. This alternative cost scenario is coupled with a second cost-sensitivity analysis performed on  slant well replacement frequency in  Table 5-5.  In examining the impacts of potential slant well  replacement, the alternative looks at replacing the wells up to three times over the 30-year  evaluation term.  CSP°   January 2013 Page 5-7  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 122, Packet Page 148 ECONOMICS   MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Table 5-5 - Summary of Cal-Am Cost Sensitivity Evaluations  E  1:f- , c -, "; .; - CI; jf *.111; 1 (1"; - )1 Ltic 6"-   . _ i'- ', 4!_ ].. --' :., :s   :7' 7± 1- 111.- ; ;  f}r`  -   7-63! ,T=fi ,,,cf, 1 ,   Energy  $5.38  $3.26  $5.38  $3.26  $3.68  $2.24  Chemic als  $0 .32  $0 .19  $0 .32  $0 .19  $0 .32  $0 .19  Expendables  $0 .69  $0 .45  $0 .69  $0 .45  $0 .69  $0 .45  Other  0  & M Labor  Equipment Replac ement  $2.69  $1.50   $2.36  $1.23  $2.69  $5.70   $2.36  $4.24  $2.69  $1.50   $2.36  $1.23  TOTAL  $10.6  $7A9  $14.8  $10.5  $8.88  $6.47  Capital Rec oyery4  $19.1  $16.2  $19.1  $16.2  $19.1  $16.2  Total Annual Cost  $29.7  $23.7  $33.9  $26.7  $28.0   $22.7  Production Cost of Water  (S/A9  $3,300  $4,310  $3,765  4,855  $3,110  $4,120  1  All c osts are presented in millions of 20 12 dollars. 2  Slant well replac ement estimated at three times during 30 - year term with c osts added to normal equipment replac ement estimates. 3  Energy c osts c omputed based on an annual average rate of $0 .0 871kW- hr. 4  Annual c apital rec overy extrac ted from Table 5- 2. The analysis of slant well replacement is considered to be at the outside boundary of what could  be expected to occur. Our general feeling is the slant wells could well last the duration of  evaluation term and potentially beyond. However, even with the accelerated replacement  considered, total cost of water produced would only increase around 15 percent. The lower  power rate is considered more likely and would result in an estimated 6 percent reduction in  overall cost.  5.2 DEEPWATER DESAL (DWD)  We have summarized our estimated capital cost of the DWD treatment facility in relation to  costs prepared by DWD in Table 5-6.  Page 5- 8 January 20 13  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 123, Packet Page 149 MONTEREY PENINSULA REGIONAL WATER AUTHORITY   ECONOMICS  Table 5-6 - Summary of DWD Capital Cost Evaluation  firi,J1Wfoigiiir  ,,.., 1 p- ; -,,, ;   $-0-  ilvii) _* . Evaluatecli  -,..,,........ -  ..  t- ,1± ,, -'w 17'r    ...- •.,  - ,   1.L._ . , c   - -  . Intake/Outfall Facilities  $-0-  $-0-  $-0-  Pretreatment & Residuals Handling  $16.7  $11,6  $11.2  $7.94  Desalination System  $17.2  $11.5  $19.4  $13.2  Post-Treatment  $2.41  $1.57  $1.48  $0.88  Distribution Facilities  $4.96  $3.32  $3.35  $3.26  Site Structures  $4.02  I  $2.56  $3.65  $2.52  Offsite Trenched Pipelines  $30.9  $30.6  $23.0  $22.7  System (5) Subtotal  $76.2  $61.2  $62.1  $50.5  Plant Facilities (PF) Subtotal 2  $45.3  $30.6  $39.1  $27.8  Indirect Costs3  Implementation Costs (25% of S)  $12.8  $10.1  $15.5  $15.5  ROW, Easement and Land Costs  -0-  -0-  $5.20  $5.20  Mobilization/Demobilization (2% of PF)  $0.74  $0.45  $0.78  $0.56  Electrical, l&C Systems (18% of PF)  $5.90  $3.61  $7.04  $5.01  Engineering/Startup (15% of PF)  $8.85  $5.41  $5.87  $4.18  Additional Proponent Prescribed Costs  $18.5  $12.2  $18.5  $12.2  Subtotal4  $123  $93.0  $115  $93.2  Contingency Allowance (30%)3  $8.85  $5,41  $34.5  $28.0  Mitigation Allowance (1%) 3  -0-  -0-  $1.20  $0.90  TOTAL  $132  $98.4  $151  $122  1 All costs are presented in millions of 2012 dollars.  2  Plant facilities costs include the System Subtotal, less off site trenched pipelines.  3  Listed percent-cost factors apply only to the SP!  developed cost estimates. Indirect costs, contingency, and mitigation allowances  shown under the DWD estimates were provided by them and are presented accordingly without adjustment.  4 The listed subtotal includes both the sum of Indirect Costs and the System Subtotal.  The increased cost of our estimate is largely due to the addition of a 40 percent capacity second  will likely be difficult and may have a higher cost, but we lack information to at this stage of  assessment to provide a more detailed analysis. DWD also appeared to use higher unit cost and  installation factors than we employed; but then a comparatively low contingency allowance of 12  percent.  January 2013   Page 5-9  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 124, Packet Page 150 ECONOMICS MONTEREY PENINSULA REGIONAL WATER AUTHORITY  It is also worth considering that the proposed DWD facility is a regional project with a build out  capacity of 25,000 AFY. Intake and brine disposal pipelines are sized for the ultimate plant  capacity; and the totals listed in the DWD and SPI estimates for these items as well as site  facilities represent a flow based proration. DWD also prorated equipment costs for the 5,500  AFY plant alternative off their costs developed for the 9,000 AFY plant (9.1 mgd capacity);  while we developed separate equipment and facilities estimate for the 5.0 mgd and 8.2 mgd plant  sizes.  Lastly, the DWD cost for the intake system is limited to the pipeline from MLPP intake pump  station to the Capun-o Ranch treatment facilities site. Specifically omitted are the new 48-in  deep water intake pipeline, modifications to the MLPP intake pump station, and the proprietary  warming system equipment. According to DWD, the costs for these facilities will be borne by a  separate entity/project and provided to DWD for use as part of the regional desalination facility,  subject to an annual lease (accounted for in the O&M cost estimate). This accounting is largely  the reason for the low capital cost associated with the DWD in relation to the Cal-Am and PML  projects. It does however result in a higher O&M cost, summarized in  Table 5-7.  Table 5-7 - Summary of DWD O&M Cost Evaluation  , .- iL i 1    ....., ,.  L c j . - . J''? 1 - '1v( - ! l'f 1 -  \ ( i " - s  s  , ,  el,  Energy  $2.22  $1.34  $3.44  $2.10  Chemicals  $0.47  $0.28  $0.81  $0.49  Expendables  $1.31  $0.89  $0.78  $0.52  Other  Other Proponent Expenses  $1.59  $1.45  $1.59  $1.45  Operations & Maintenance Labor  $2.36  $1.43  $2.69  $2.36  Equipment Replacement (1.5% of PF)  $0.93  $0.64  $0.93  $0.76  TOTAL  $9.34  $6.31  $10 .2  $7.68  I All costs are presented in millions of 2012 dollars.  Overall we project a higher energy cost estimate for the DWD project based on an assumed  energy rate of $0.08/kW-hr throughout; where DWD appears to have used a $0.04/kW-hr rate for  some of their on-site facilities. The projected cost of chemicals is higher in our estimate as well,  as DWD omitted accounting for the cost of post-treatment chemicals in their estimate (calcite,  carbon dioxide and sodium hydroxide). Our cost of expendables however is reduced, based  largely on what appears to be a lower unit cost factor with the RO process membranes, even  including the additional membranes associated with the second pass RO system. Included in the  category of "Other Proponent Expenses" for DWD are the annual lease costs associated with  their plant site and intake facilities as well as annual profit. This category of expense has the  effect of raising their overall annual costs to be roughly equivalent to Cal-Am, even though their  costs for energy, chemicals and expendables are lower.  DWD subsequently provided documentation of their likely cost of electricity. Power would need  to be sold through Salinas and then wheeled back to DWD. The proposed cost would be  Page 5-10 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 125, Packet Page 151 MONTEREY PENINSULA REGIONAL WATER AUTHORITY   ECONOMICS  between $0.04 and $0.06 per kW-hr. The impact of these potential rates on their project costs is  summarized in  Table 5-8.  Table 5-8 - Summary of DWD Cost Sensitivity Evaluations  1:,.15 - 5.Agarfl:a 'el  iig ,'  :' 1 1• ' `=-' :,' iN,;.6L2'  '7) i ',4;1,;? LIN 41 , ‘, '  1 '.- - ' 3-   s ' i v, :l r •= :), 4:41_ 7';   e --- r :•.  lq, 1.0 .!"  '  ,E) ., I   P, ' /  Tf;-)  : -  i'n  Energy  $3.44  $2.10   $2.58  $1.58  $1.72  $1.0 5  Chemic als  $0 .81  $0 49  $0 .81  $0 .49  $0 .81  $0 .49  Expendables  $0 .78  $0 .52  $0 .78  $0 .52  $0 .78  $0 .52  Other  Proponent Expenses  0  & M  Labor  Equipment Replac ement  $1.59  $2.69  $0 .93  $1.45  $2.36  $0 .76  $1.59  $2.69  $0 .93  $1.45  $2.36  $0 .76  $1.59  $2.69  $0 .93  $1.45  $2.36  $0 .76  TOTAL  $10.2  $7.68  $9.38  $7.16  $8.52  $6.63  Capital Rec overys  $8.73  $7.0 6  $8.73  $7.0 6  $8.73  $7.0 6  Total Annual Cost  $18.9  $14.7  $18.1  $14.2  $17.3  $13.7  Production Cost of Water  (S/A9  $2,100  $2,670  $2,010  $2,585  $1,915  $2,490  1 All c osts are presented  in  millions of 20 12 dollars. 2  Slant well replac ement estimated at three times during 30 - year term with c osts added to normal equipment replac ement estimates. 3  Annual c apital rec overy extrac ted from Table 5- 2. As shown a reduction in power rate could reduce costs by up to 9 percent.  January 20 13 Page 5- 11  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 126, Packet Page 152 ECONOMICS   MONTEREY PENINSULA REGIONAL WATER AUTHORITY  5.3 PEOPLES MOSS LANDING (PM L)  The results of our capital cost evaluation of the PML project are presented in  Table 5-9.  Table 5-9 - Summary of PML Capital Cost Evaluation  J -7.:6-ii[iiiii=:DY  ,  ,- • .,, ,  14 \, Ej  [; P: '  [fj- p .S- ,   '- :, - .:T.:•,1 -777,','  Intake/Outfall Fac ilities  $- 0 -   $- 0 -   $- 0 -   $- 0 -   Pretreatment & Residuals Handling 2  See Note 2  See Note 2  $20 .2  $13.6  Desalination System 2  $56.0   $28.0   $19.9  $14.0   Post- Treatment2  See Note 2  See Note 2  $1.66  $1.0 7  Distribution Fac ilities  $- 0 -   $- 0 -   $0 .35  $0 .26  Site Struc tures  $10 .0   $7.0 0   $10 .0   $7.0 0   Offsite Trenc hed Pipelines  $25.0   $25.0   $25.1  $25.1  System Subtotal  $91.0   $60 .0   $77.2  $61.0   Plant Fac ilities (PF) Subtotal 3  $66.0   $35.0   $52.1  $35.9  Indirec t Costs4  $42.0   $21.0   Implementation Costs (25% of PF)  See Note 4  See Note 4  $19.3  $19.3  ROW,  Easement and Land Costs  $30 .2  $30 .2  Mobilization/Demobilization (2% of PF)  $1.0 4  $0 .72  Elec tric al,  l&C Systems (18% of PF)  $9.38  $6.47  Engineering/Startup (15% of PF)  $7.82  $5.39  Additional Proponent Presc ribed Costs  $0 .20   $0 .20   Subtotal 5  $133  $81.0   $145  $123  Contingenc y Allowanc e (30 %) 4  See Note 4  See Note 4  $43.6  $37.0   Mitigation Allowanc e (1%) 4  - 0 -   - 0 -   $1.50   $1.20   TOTAL   $133  $81.0  $190  $161  1 All costs are presented in millions of 2012 dollars.  2 PML supplied costs for PretreatmentlResiduals Handling, Desalination System, and Post-Treatment were provided as a single lump  sum and are presented here accordingly.  3 Plant facilities costs include the System Subtotal, less off site trenched pipelines.  4  Listed percent-cost factors apply only to the SPI developed cost estimates. Indirect costs, contingency, and mitigation allowances  shown under the PML estimates were provided by them and are presented accordingly without adjustment.  5  The listed subtotal includes both the sum of Indirect Costs and the System Subtotal.  PML presented their costs for the main treatment facilities as a lump sum number, making  comparison of individual equipment estimates impossible. That said, the respective totals  closely match. The disparity between the estimates at the 9,000AFY alternative is likely due to  the difference in system capacity assumed-9.4 mgd for PML 8.2 mgd in our estimate.  Page 5- 12 January 20 13  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 127, Packet Page 153 MONTEREY PENINSULA REGIONAL WATER AUTHORITY ECONOMICS  PML provided an allowance of $3.0 million for repair and upgrade to their existing intake pump  station and outfall pipeline. We have no basis at this stage to recommend a higher estimate, but  do note that a comprehensive evaluation of the current state of the outfall pipeline and attendant  repair requirements is not available at this time. It may be that when such evaluations are  conducted, the price could increase.  PML also provided single lump sum costs for indirect expenses, including project contingency  allowances. We find these allowances insufficient for a project at this stage of development with  significant undefined issues. MEL still intends to validate their treatment approach through a  planned pilot testing program, making reliance on estimates prepared on the current process  design questionable. We also point out that the indirect and contingency allowances applied are  uniform across our evaluation for the three projects. PML does have a high cost associated with  ROW, land and easement allowances. This is a combination of the prescribed $25 million cost  of the MLCP 25-acre site and related facilities, along with a roughly $5 million dollar allowance  for ROW and easements associated with the product water pipeline.  Overall the PIVEL facility capital costs fall in the middle of the three proponent projects; and  notably higher than the DWD estimate which shares comparatively low intake and outfall system  costs in comparison to Cal-Am. The primary reason for this is their expanded pretreatment  system, including both media filtration and MF/UF treatment to treat the supply extracted from  the Moss Landing harbor.  The results of the O&M cost evaluation are presented in Table 5-10.  Table 5- 10  — Summary of PIVIL O&M Cost Evaluation  Other  Operations & Maintenanc e Labor   $0 .94   $0 .94 $2.69   $2.36  Equipment Replac ement (1.5% of PF)   $1.33   $0 .81   $1.16   $0 .92  TOTAL $8.84   $5.03   $9.85   $6.93  1 All costs presented in millions 01 2012 dollars  Overall our estimates closely match those provided by PML; with any differences attributed  primarily to the differences in the 9,000 AFY plant design capacity assumption discussed above  along with the addition of a second pass RO system to their process. The projected operating  costs of the PML system are the lowest of the three proponents. The fact that they have  additional process equipment is reflected in their higher energy, chemical, and expendable  category expenses in relation to DWD. Those categories are higher than the comparable Cal-Am  costs as well, with the exception of energy. Though PML's projected energy use is higher; their  lower cost of electricity results in a lower annual cost.  January 20 13 Page 5- 13  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 128, Packet Page 154 MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 129, Packet Page 155 MONTEREY PENINSULA REGIONAL WATER AUTHORITY  IMPLEMENTATION CONSIDERATIONS  6 IMPLEMENTATION CONSIDERATIONS  Each of the projects has been evaluated in terms of the major issues it faces for environmental  compliance and permitting, and the consequences for the development schedule. The evaluation  was performed at a very high level and based upon conceptual rules of thumb. In order to screen  the issues of significance, the prior Coastal Water Project E11R 22  was reviewed and largely relied  upon to assess facts and mitigation strategies for environmental compliance. That document was  presumed to have identified the relevant permits for prior project approaches.  Based upon our judgment, the major differences between the three proposed projects and the  alternatives described in the Coastal Water Project DR were assessed to determine the additional  major permits that would need to be obtained and the new environmental assessments that would  be necessary. Each of the project sponsors provided estimates of the schedule for  implementation including the estimated timing for environmental compliance and major permits.  The conceptual schedule and schedule risk identified by the Consultants were reviewed with the  project sponsors for comment in an effort to present consensus on the project schedule and risks.  Although the prior E1R identified more than 25 discretionary approvals which must be obtained  for the project alternatives, this review focused on a simplified list of discretionary approvals  based upon our judgment that these approvals would most likely dictate the critical path for  project development.  O  Approvals related to intake of seawater  O  Approvals related to project discharge  •  Jurisdictional permitting for water of the U.S.  •  Coastal Development Permitting  Moreover, a highly simplified list of tasks for environmental compliance was created around  these discretionary approvals. Those tasks in order:  1.  A project description must be completed.  2.  An Environmental Assessment must be made.  3.  An DRIEIS must be completed (CEQA/NEPA compliance).  4.  Commercial Agreements must be negotiated/ Cal-Am must obtain a Certificate of Public  Convenience and Necessity (CPCN), after certification of the E1R.  5.  Jurisdictional Permits must be obtained for facilities impacting Waters of the U.S.  6.  NPDES Permits must be amended/obtained.  7.  Coastal Development Permits must be obtained.  22  California American Water Company, Coastal Water Project, Final Environmental Impact Report, October 30,  2009  January 2013 Page 6-1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 130, Packet Page 156 IMPLEMENTATION CONSIDERATIONS MONTEREY PENINSULA REGIONAL WATER AUTHORITY  The prior E1R found that two methods of intake of seawater would not cause a significant impact  on the marine environment:  1.  The use of a subsurface intake was presumed to cause no adverse impact to the marine  • environment.  2.  The use of discharge from the MLPP would not cause an increased use of water from the  marine environment, and thus would not cause an impact as long as the power plant  continued to use once-through cooling.  The Prior EER similarly found that there was no significant impact to the marine environment  under two proposed methods of brine discharge:  1.  The blending of waste products (primarily waste brine) with the MITP discharge would  sufficiently dilute the discharge to avoid significant impacts.  2.  The use of the MRWPCA ocean outfall would cause sufficient mixing of the waste brine and  other products to avoid significant impacts.  With regard to financing risk as it applies to proceeding with at-risk design development  activities, we have not reviewed the extent to which the project sponsors have investors that are  willing to shoulder financial risks associated with development of the proposed desalination  projects. For any project to be successful there must be financial backing sufficient to pay  development expenses prior to the issuance of major permits and the execution of definitive  commercial agreements for project implementation.  We have developed project implementation schedules for the project based upon an assumption  that investors' assessment of contingent risks would not delay logical development activities that  affect the critical path for project implementation. For example, it has been assumed that all of  the projects could proceed with preliminary design and definition of engineering parameters  through activities such as pilot testing prior to the issuance of major permits, even though there is  substantial financial risk to these endeavors. Thus the schedules could be overly optimistic when  considering these financial risks.  We have noted in the generic schedules herein that in addition to project review under CEQA  and NEPA, there are a number of discretionary approvals whose issuance may address issues  beyond those normally required for certification of these environmental documents. The State of  California created an Ocean Desalination Handbook which included policy guidance from the  California Coastal Commission and other State agencies to provide some guidance on the criteria  that would be used in discretionary review of projects. Similarly NOAA has issued policy  guidance regarding the process for obtaining discretionary approvals within the Marine  Sanctuary. Notably:  o  The Coastal Commission will consider how effectively the project will "protect and  enhance the marine environment"  o  There is a strong preference among State and Federal agencies for sub-surface intake  compared to open-water intake. Open water intakes must be demonstrably  preferable.  o  Review of environmental effects of the projects should include consideration of  projects contemplated in the future and by others to ensure adequate evaluation of the  Page 6-2 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 131, Packet Page 157 MONTEREY PENINSULA REGIONAL WATER AUTHORITY IMPLEMENTATION CONSIDERATIONS  potential cumulative impacts of projects. Mitigation/enhancement strategies should  be coordinated and piecemeal approvals avoided.  O  There is a preference for public ownership of ocean desalination projects compared to  private ownership.  It is highly speculative and beyond the scope of this report to fully analyze how each of the  projects may manage gaining discretionary approvals. We offer some observations:  O  A comparison must be made between the logical means of taking water from the  marine environment to ensure that the selected method is preferred. It is to the  schedule advantage of any project that all projects be fully evaluated.  O  Comparison/evaluation of environmental impacts to the marine environment and the  mitigation strategies should include consideration of future projects and cumulative  impacts.  O  Public stewardship and oversight should be detailed prior to review by the Coastal  Commission.  6.1 CALIFORNIA Aryl ERICAN WATER (CAL-AM)  The implementation path for the Cal-Am proposal is very well defined. Moreover, the CPUC is  aggressively pushing forward implementation of the project. The CPUC has published a  schedule for completion of the EIR and CPCN for the project. Cal-Am has provided an  estimated schedule for implementation of the project following the CPCN.  The Notice of Preparation (NOP) issued by the CPUC indicates that a Subsequent EIR is being  prepared. Following Scoping Hearings on October 25 and 26, a "Scoping Report" will be  prepared describing the project and the project alternatives that will be considered in a Draft EIR  scheduled for circulation July 1, 2013. The Scoping Report will describe alternatives to the Cal- Am project prior to the CPUC's hearing testimony on the proposed CPCN. Hearings will be  concluded prior to the issuance of the Draft DR. The Final ElR will be issued prior to final  approval of the CPCN. Although it is unusual for the administrative process for CPCN to  precede the issuance of at least a draft ElR, the CPUC found that it was not in the public's  interest to delay the CPCN proceedings because it would risk non-compliance with the 2016  State imposed deadline to reduce diversions of Carmel River water.  The risks affecting the Cal-Am development schedule have been carefully evaluated and the  professionals working on compliance for Cal-Am and the CPUC are exceptionally capable.  Descriptions of contingent risk for the project should be viewed in a context that all development  options have unresolved risks, and that it is not possible to define a perfect path which balances  the competing objectives of all parties. Moreover, there are a number of legal uncertainties  related to the path of development that can be assessed but not resolved at this time.  One legal question regards the structure of commercial agreements for the desalination project.  The Cal-Am proposal depends upon the CPUC acting as lead agency for environmental review  which is apparently appropriate only when Cal-Am would own and operate the facilities of the  desalination project. As noted below, there are conceptual advantages to public ownership of the  assets for a project of this type, which may significantly enhance the prospects for political and  V!)   January 2013 Page 6-3  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 132, Packet Page 158 IMPLEMENTATION CONSIDERATIONS MONTEREY PENINSULA REGIONAL WATER AUTHORITY  legal approvals necessary for the project to succeed. Thus there is something of a conundrum for  the MPRWA--the CPUC's legal authority and sophistication to act as a lead agency for CEQA  creates a schedule advantage. Moreover, the simplicity of the commercial agreements when Cal- Am owns all facilities creates schedule advantages in the CPCN administrative process, but that  ownership structure creates contingent risk and political opposition to the project which could  delay ultimate approval.  Separate from these political considerations, the primary risks for schedule delay appear to be  related to uncertainties for the development of slant wells as intake for the proposed project.  Those risks are further broken down:  1.  There are questions regarding the legal right of Cal-Am to install and operate slant wells in  the proposed locations.  It appears that there are paths to resolve this issue through commercial agreements with other  entities which do have a clear legal right to install wells. How these issues are resolved is  considered too speculative to be presented.  2.  Design of the intake system and to a lesser extent the treatment system depends upon results  from a well testing program that is not completed. That leads to uncertainty in the design  which could change the project description and affect the schedule for CEQA/NEPA  compliance. Moreover, Coastal Development Permits are needed both for the installation of  test wells and for the ultimate intake system, which adds to uncertainty regarding when the  system can be fully described.  Perhaps the biggest risk to schedule is the potential that the results of a well testing program  were to change the design of the intake system compared to the project description uses in  CEQA documents, resulting in a change of significance such that the CEQA process would  be substantially reset. It appears that Cal-Am has conservatively estimated the yield of the  slant wells and thus conservatively estimated the environmental effects of the proposed  intake system. However, Cal-Am has described some potential for the test well program to  warrant a change from slant wells to Ranney style collectors which would require analysis in  the CEQA documents of this option.  3.  The nature of approval from NOAA for the installation of intake facilities is uncertain. It  appears likely that approval is discretionary and would require compliance with NEPA. The  administrative process for approval and the uncertainty of the outcome causes some schedule  risk.  The potential installation of Ranney collectors as an alternative to the slant well intake  system would require discretionary approval of the NOAA. Environmental reviews in  support of such an approval would have to comply with NEPA. Moreover, NOAA has  verbally opined to the TAC that approval of even the slant wells may be of a discretionary  nature which requires NEPA compliance. Presumably this will be resolved during scoping  hearings, but the CPUC schedule for CEQA compliance may need to be adjusted if for  overall schedule considerations the process is adjusted to allow concurrent review of  environmental assessments under both CEQA and NEPA. Alternatively, if the CPUC elects  to base its approval schedule upon only CEQA compliance and ignore potential NEPA  compliance, it would add to the overall project schedule to have a separate environmental  Page 6-4 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 133, Packet Page 159 MONTEREY PENINSULA REGIONAL WATER AUTHORITY IMPLEMENTATION CONSIDERATIONS  review for the purpose of issuance of Federal Permits necessary for the installation of an  intake system.  There is a lesser risk associated with permitting the discharge of concentrated brine and other  waste products from the desalination treatment process. It is possible that questions regarding  the adequacy of the mitigation via blending brine with the receiving waters may be raised. It is  also possible that legal questions regarding the path for regulatory approval under the distributed  authority of the l\TPDES program could delay the issuance of brine disposal permits.  The other primary source of schedule uncertainty and risk for the Cal-Am project, identified by  Cal-Am appears to be related to the California Coastal Commission's approval of a Coastal  Development Permit for the full-scale project. The Coastal Commission would normally act  after Certification of Environmental Compliance and after all other permits have been obtained.  Two sub-questions have been identified as unresolved.  1.  What is the process and timeline to issue Coastal Development Permit for the test wells?  2.  What is the timeline for issuance of Coastal Development Permit for the ultimate intake  system?  The first question primarily is a process question. There needs to be CEQA review of the test  well program. Potentially other permits need to be issued and then the Coastal Commission  needs to meet and approve the application.  Although the CPUC has considered the issue of whether Cal-AM can finance the test wells, the  timeline to obtain permits, install the test wells and incorporate the results from the test wells  into the overall project development plan is not fully defined.  The second question also causes some uncertainty as to the timeline. As pointed out by RBF,  issuance of significant permits, culminating in a Coastal Development Permit can take as little as  4 months following certification of CEQA to more than 5 years with a highly controversial  project.  Perhaps two primary questions of interest to the California Coastal Commission are:  1.  Has the project been designed to protect and enhance the Coastal and Marine Environment?  2.  Does adequate public oversight of the intake system and the dependent seawater desalination  project exist to adequately protect the public trust values for the coastal environment under  California law?  The extent to which these questions are adequately addressed during CEQA review and the  issuance of a CPCN by the CPUC may largely determine the timeline for issuance of a Coastal  Development Permit.  Based upon the CPUC schedule for CEQA compliance and CPCN and the minimum likely  schedule for issuance of major permits thereafter, we have prepared a conceptual implementation  schedule for the Cal-Am project as presented on Figure 6-1.  CFI}   January 2013 Page 6-5  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 134, Packet Page 160 :41IRWQCB Bnife Discharge Permit  d Coastal Development Perrnit  .4 Test Slant Well  NOD anci gOcN  Desal Plant Preliminary Design  Desal Plant Design/Construction  p'esal  Plant Startup  0, - 111- 67:-E, '2017  1/ 11.   -Qv  Fin,O2 ISO  zotmatt  .  - -  IMPLEMENTATION CONSIDERATIONS   MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Figure 6-1—Conceptual Implementation Schedule for the Cal-Am Project  The above schedule presumes no delays to the design and construction of the desalination plant  based upon development of the intake systems. Also, no project delays are assumed to be  associated with obtaining project financing. It is presumed that project financing would be  needed prior to major construction activities but would not delay design or test-well activities.  In response to our request Cal-Am provided an updated schedule for development of its project,  shown below in Figure 6-2.  Figure 6-2 —Cal-Am Proposed Implementation Schedule  The Cal-Am schedule is largely consistent with the schedule we developed. However, it shows a  delay in the construction of test wells and also shows the attainment of major permits will take  approximately one year after completion of the DR.  delays in an updated report to be issued in January. It is noted that the delay in test well  construction can possibly delay the project in two ways.  1.  The delay in the development of test wells adds imperative that the project description for  CEQA evaluations be conservative. Completion of the test wells now takes place after  presumed certification of CEQA documents.  2.  The delay of the test wells requires preliminary design for the full scale project to overlap the  well testing program. This has potential to delay the issuance of design/build documents for  the project and could delay  final project delivery.  The overall delay in final delivery of the project could be as much as one year. However,  impacts of the delayed test well program upon the overall development schedule will be more  an unaate OT  mis renon  Page 6-6 January 2013   trkg) 5.1 .  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 135, Packet Page 161 MONTEREY PENINSULA REGIONAL WATER AUTHORITY IMPLEMENTATION CONSIDERATIONS  Each of these risks has been assessed. We continue to believe that the project description of the  intake system is sufficiently conservative to avoid a need to re-open the CEQA process following  the completion of the test wells. Therefore, no delay has been assigned to the E1R phase of the  schedule. However, we concur that the major permits would not be obtained until about the end  of 2014. Also, issuance of the design-build documents has been delayed to allow preliminary  design to fully incorporate results from the test-well program. This has delayed the project by  three months compared to our original assessment.  6.2 DEEPWATER DESAL (DWD)  understanding of the likely process and pitfalls  associated with  completing environmental review  and obtaining major permits for the proposed desalination project.  The  schedule presented  Following the presentation of  our draft report, DWD presented a revised schedule for their project, consistent with their revised  project description. That schedule is shown below on Figure 6-3.  Figure 6-3 — DWD Proposed  Implementation Sched ule  ffe   al—FROFE  compared to the schedule developed  by DWD. This major difference is examined below.  DWD  has suggested that an Environmental  Checklist  and Applicant's Environmental  assurance although the completed  EA has not been reviewed.  DWD has presumed a schedule for their EIR/EIS of nine months from the completion of an EA.  Given the level of controversy for the installation of a new seawater intake and the potential  construction of a new facility for brine discharge, it seems likely that the period for scoping  hearings, preparation of a draft ElR/EIS and the adjustment of the project analyses would take  much longer.  In the  above schedule the  Notice of Determination (NOD)  for the E1R/EIS  would  take place approximately  3  months later than the NOD  issued by  the CPUC  for the Cal Am  January 2013 Page 6-7  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 136, Packet Page 162 IMPLEMENTATION CONSIDERATIONS MONTEREY PENINSULA REGIONAL WATER AUTHORITY  EIR/EIS is comparable to the schedule adopted by the CPUC.  Our schedule also adds four months for the issuance  of a CPCN for CalAm's participation in the  are are o optam male  permits. But for conservatism  this is shown as a critical  path activity.  Elkhorn Slough  to connect the desalination plant to the intake and discharge facilities  of the  indirect impacts  of the project upon the  Elkhorn Slough. The 12  month period for issuance  of  are  presumption that the ElIdiom Slough is  a wetlands area  of national significance.  Our schedule further presumes that the issuance  of NPDES  permits for the intake and discharge  al Perm RWQCB  would not review the permits until  final  approvals had  been given for all  construction  .,)cess for issuance  of permits has proven to  be  an administrative  . .  to assess a time frame for  the EIR/EIS had  been certified and  all  other major permits have been issued.  The process for  issuance of this  permit in  a highly  controversial project sponsored  by  Poseidon Resources in   aca€   R-1-043   affe  The  assumption of six months for this  process is based upon an assumption that there would  be   BfF1-0-eof   RefF19   lar-Fe  extensive review would have resolved these issues. Nonetheless the time period for issuance  of  this permit is highly speculative.  DWD provided an updated  below in Figure 6 4.  DWD has overlapped major permitting activities. We believe that with assistance from public  agency partners, it may be possible to overlap some activities. However, we believe that the  Coastal Development permitting will not occur until DWD has completed partnership  agreements with public agencies and this cannot occur until after the EIR is certified.  Page 6-8 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 137, Packet Page 163 MONTEREY PENINSULA REGIONAL WATER AUTHORITY IMPLEMENTATION CONSIDERATIONS  Also, we believe that either the public agency partner or the project-specific financing institution  will require that all major permits be in hand prior to funding/award of a design-build contract  for the desalter. Thus commencement of Desal Plant Design/Construction activities depend  upon completion of these permitting activities.  We have revised our generic schedule to reflect the new project description. We have eliminated  Jurisdictional Perrnits as a separate activity because the new project description eliminates  crossings of the Elkhorn Slough in a manner that would require a permitting process that delays  other permitting agencies from considering the project. The revised project schedule is shown  below on Figure 6-4.  Figure 6-4 - Conceptual Implementation Sched ule for the DWD Project  DWD  ' -- ' ' :-31-  -:,L:•• =:,  . . e —  ,.-,,,,1210 N:M ' TakiTY ' - ; !_ . s M  -6.'  ' Calf  „ -. '434s   •   l'atd  403  ,--'s  , ='1 .   f ,7,7 , s 71 i , ' '; "  1 1, ',-, ' =71 ,; '', , ED_  iicl :4 ' = '  a, •:,  . ,. ,_  —_ _ , --.  •-•4••••_ ; :  ,-,,J. :; ; ; --.  , ,7,, 1. ,-- ' — — ,. .--,. -,. i,•,1-41,,,,;,fiti-4,:7,ils.,,,d-- . 1  iT Complete EIR/EIS.  1 I Negotiate Commercial Agreements  II 1 NPDES Permit Amendment  I1 i  Coastal Development Permit  I-I 'DesaVplent Prelirriinery Design  II  Lilt, ,  Desal plant' DesigniCenstructien  I1 71 Desal , Plant.Startup  II From their proposed schedule, we note the following:  update to this report issued in January would more fully analyze the effects upon  PWD  rc locate the project south of the Slough greatly simplifies the permitting by  eliminating this potentially controversial permit and would undoubtedly shorten the  permitting schedule for the project.  DAINEPI  than the generic schedule we developed for the project. We continue to believe that it  is reasonable to expect that the level of controversy for this project would dictate a  longer period for CEQA/NEPA compliance as we have included in our schedule.  estimated by DWD and is consistent With delivery via bid to a design build contractor  While the implementation schedule will be revisited following the receipt of additional   information from DWD about the proposed relocation of the project and the anticipated date of  having a completed project description for CEQA/NEPA review, the project schedule will   Fie-FEE  it is difficult to discern a substantial difference in schedule between the two projects.  ( , r5101)   January 2013 Page 6-9  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 138, Packet Page 164 IMPLEMENTATION CONSIDERATIONS MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Our schedule shows the completion of the EIRJEIS in April 2014. We believe it is possible that  final certification by Federal Agencies of the EIS may occur later than this date, but we believe  that the State agencies should be allowed to act upon the final document by this date.  Following the Certification of the EIR, we have proVided 4 months for adoption of commercial  agreements by public agency partners in the project and for completion of agreements for  purchase of product water by Cal-Am.  Following completion of participation agreements, we have allowed a total of 10 months for the  completion of NPDES permit amendments and Coastal Commission approval of the Coastal  Development Permits. (4 months for NPDES and 6 months for Coastal Development).  Overall we believe that the 14 month period for obtaining major permits, concluding commercial  agreements and achieving financial close are reasonable estimates at this stage of development.  The schedule for these major activities, comprising major permits, remains quite speculative. As  noted above, it is highly speculative to assess the timeframe for obtaining  . a Coastal Development  Permit. We continue to believe that the Coastal Commission will want to see a comparative  evaluation of subsurface intake to the deep-water-open intake proposed by DWD in order to  issue permits for this project.  Overall, the DWD project schedule is shown as approximately 3 months longer than the Cal-Am  project schedule. We recognize that Cal-Am is slightly ahead in their permitting and this is  reflected in the overall project schedules. However, given the uncertainties in both project  schedules, we are unable to discern with certainty which of the two projects could be  implemented more quickly. Within the accuracy of projection, the schedules are not discernible  from one another.  6.3 PEOPLES MOSS LANDING (PML)  PML has presented a report by SMB Environmental describing the general path for  environmental review, permitting, and commercial agreements which are key to implementing a  proposed project. The report does not present a detailed schedule for implementation. However,  the report offers general insights into the approach to project implementation. Based upon  generalized rules of thumb we endeavored to estimate a project development schedule.  Two major issues were identified related to a project description and Environmental Assessment  for the project:  1.  Assessment of the impacts of seawater intake.  2.  Assessment of the impacts of brine discharge.  6.3.1 Assessment of Impacts of Seawater Intake  With respect to how the project would assess the impacts of the project's proposed use of  seawater, PML has proffered that as a matter of law, the proposed desalination project's use of  seawater from the intake in Moss Landing Harbor should be compared to the 60 MGD use that is  currently permitted for the Moss Landing Commercial Park. Thus it is presumed in the SMB  report that the intake of seawater for the desalination project would not increase the take of water  from the marine environment. As such, the project's use of seawater could have no adverse  impact upon the environment. In the schedule below, we have taken a different view and  Page 6-10 January 2013   ( 10_ 1)  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 139, Packet Page 165 Prepare Project Description  Cond uCt,Envitoritnental Assessment Complete EIR/ ElS  Negotiate Commercial Agreements  NPDES Permit Amend ment Coastal Development permit:  Dose! Plant Preliminary,Design  Desel Plant Startup  Desal Plant Design/ Construction  am MONTEREY PENINSULA REGIONAL WATER AUTHORITY IMPLEMENTATION CONSIDERATIONS  presumed that the project's proposed use of seawater would be compared to a no-project  alternative in which seawater would not be used. Thus an assessment would have to be made of  the potential impacts of use of seawater. This would include baseline monitoring and complex  modeling to determine the impingement and entrainment impacts of use of the intake. If PML is  correct and for purposes of the Environmental Assessment, EIR/EIS and Coastal Commission  Permitting, the project be presumed to use no water from the marine environment compared to  the existing no-project alternative, then completion of the Project Description and Environmental  Assessment phase of work could be substantially shortened from what is presented and shown on  Figure 6-5.  Figure 6-5 - Conceptual Implementation Schedule for the PIVIL Project  It is important to note that in the schedule presented above, the time for Project Description and  Environmental Assessment phases presume that a detailed assessment of the project's potential  impingement and entrainment of marine organisms would have to be made. In this regard it is  significant to note the prior findings of fact by the Regional Water Quality Control Board made  relative to the existing NPDES permit for the Moss Landing Commercial Park (Order R3-2009-  0002, Permit CA000705). Based upon a volumetric approach that compared the Moss Landing  Cement Plant Project to previous 316(b) studies at the adjacent Moss Landing Power Plant, the  RWQCB found that use of up to 60 MGD of seawater through the existing intake structure in  Moss Landing Harbor would have negligible potential impingement and entrainment impacts.  Thus it is also possible that the project may avoid detailed assessments of the potential impacts  of use of seawater and rely instead upon prior work to determine that the use of seawater would  not cause a significant impact upon the marine environment.  6.3.2 Brine Discharge  PML has described a "near zero liquid discharge" treatment system that would substantially  reduce volumes and potential impacts from brine discharge. But that process is not described. It  is thus not possible to independently assess potential impacts from the proposed discharge of  brine. This leads to a great deal of uncertainty with respect to our assessment of the plan for  implementation. A discharge which would require construction of a new discharge structure  could take substantially longer than the generalized schedule above, a discharge that would by  observation have no potential impact upon the marine environment would take substantially less  time than shown in the schedule.  January 2013 Page 6-11  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 140, Packet Page 166 IMPLEMENTATION CONSIDERATIONS MONTEREY PENINSULA REGIONAL WATER AUTHORITY  Although it is possible to make a generalized assessment of the PML project plan for  implementation as described above, that generalized schedule is not directly comparable to the  analysis that is possible with the Cal-Am project which has a detailed project description and an  environmental assessment which has already been subject to public review in a prior EIR. It is  highly likely that as the more detailed project description is developed and Environmental  Assessments are completed, controversial issues will arise that will require re-assessments and  analyses which will delay processing of the environmental compliance documents and major  permits. In the Cal-Am project those issues are well understood and the potential areas of  controversy are well documented.  Page 6-12 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 141, Packet Page 167 MONTEREY PENINSULA REGIONAL WATER AUTHORITY REFERENCES  7 REFERENCES  1.  RBF Memorandum, Recommended Capacity for the Monterey Peninsula Water Supply  Project (MPWSP) Desalination Plant, April 20, 2012.  2.  SPI Memorandum, Monterey Desalination Study —Initial Scoping and Constraints Analysis,  August 30, 2012.  3.  Direct Testimony of Richard C. Svindland Before the Public Utilities Commission of the  State of California, filed April 23, 2012.  4.  RBF Memorandum, Monterey Peninsula Water Supply Project (MPWSP) Project  Description, April 20, 2012.  5.  Cal-Am Response to SPI Questions, October 3, 2012.  6.  Williams, D.E. —Design and Construction of Slant and Vertical Wells for Desalination  Intake. IDA World Congress-Perth Convention and Exhibition Centre (PCEC) —Perth,  Western Austrailia September 4-9, 2011 —REF: IDAWC/PER11-050.  7.  Panlcratz, T. —A Review of Seawater Desal Intake, Pretreatment & Discharge Technologies.  IDA —Iran 06 WDTS Proceedings September 17 & 18, 2006.  8.  Ghiu, S. —18 Month Demonstration of Slant Well Intake System Pretreatment and  Desalination Technology for Seawater Desalination. WaterReuse Research Conference  Proceedings, June 2012.  9.  Trussel Technologies Inc. Technical Memorandum, MRWPCA Outfall Hydraulic Capacity  Analysis, April 18, 2012.  10. DWD Response to SPI Questions, September 12, 2012.  11. Cartier G., Corsin P. - Description of Different Water Intakes for SWRO Plants. IDA World  Congress-Maspalomas, Gran Canaria —Spain October 21-26, 2007- REF: IDAWC/M1P07-  185.  12. DWD Response to SPI Questions, September 8, 2012.  13. Tenera Environmental, Preliminary Modeling of Potential Impacts from Operation of a  Desalination Facility Ocean Intake, August 22, 2012.  14. Replacement Cost Approaisal Summary Report, prepared by Landmark Realty Analysts,  Inc., October 3, 2011.  15. Structural Evaluation, Intake & Outfall Pipelines, Intake Pump Station and Water Storage  Reservoirs, The People's Moss Landing Water Desalination Project, Moss Landing Green  Commercial Park, Modd Landing, CA, August 14, 2012.  16. Monterey County Planning & Building Inspection Department; Meeting September 30, 2004,  Agenda Item 6.  17. Coastal Water Project Pilot Plant Report, May 2010, MWH.  18. Outfall Video, Moss Landing Marine Lab, California State University.  January 2013 Page 7-1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 142, Packet Page 168 REFERENCES MONTEREY PENINSULA REGIONAL WATER AUTHORITY  19. Seawater Outfall for Kaiser Aluminum and Chemical Corporation, Moss Landing,  California, by Kaiser Engineers, 1971.  20. RBF Memorandum, Monterey Peninsula Water Supply Project (MPWSP) Project  Description, April 20, 2012.  21. Presentation—Monterey Peninsula Water Supply Project —Presentation to Monterey Co.  Water Resources Agency, June 25, 2012.  22. California American Water Company, Coastal Water Project, Final Environmental Impact  Report, October 30, 2009.  Page 7-2 January 2013  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 143, Packet Page 169 MONTEREY PENINSULA REGIONAL WATER AUTHORITY APPENDIX A  APPENDIX A - RESPONSES TO COMMENTS ON NOVEMBER DRAFT  REPORT  January 2013 Page A-1  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 144, Packet Page 170 I V 1 P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   . N o .   .   •   •  •  d e t r i m e n t l E i j r . •   . .   P a g e   '   •   .  ,   N o .:   -   .  D a t e   o f   C o m m e n t   C o m m e n t s   . .   R e s p o n s e / A c t i o n   '  .  .  1   D e e p V V a t e r   D e s a l ,   L L C   N A   N A   1 1 / 1 3 / 2 0 1 2   1 1 / 1 3 / 2 0 1 2   T h e   t h r e e   p r o p o s e d   p r o j e c t s   o f f e r   d i f f e r i n g   s o u r c e s   a n d   m e t h o d s   o f   s e c u r i n g   s o u r c e   s e a w a t e r   f o r   d e s a l i n a t i o n   -   m a r i n e   w e l l   w a t e r ,   s h a l l o w   h a r b o r   w a t e r ,   a n d   d e e p   o c e a n   w a t e r .   E a c h   c a r r i e s   i t s   r e s p e c t i v e   s e t   o f   r i s k s   w i t h   r e g a r d   t o   q u a l i t y ,   s o u r c e   s u p p l y ,   r e l i a b i l i t y ,   a n d   s c h e d u l e   D V V D   i s   p r o p o s i n g   • a   c o n v e n t i o n a l   s c r e e n e d ,   l o w   v e l o c i t y ,   o p e n - o c e a n   i n t a k e   l o c a t e d   a t   d e p t h   b e l o w   t h e   p h o t i c   z o n e   t o   s e c u r e   a   r e l i a b l e   s u p p l y   o f   h i g h   q u a l i t y   s o u r c e   w a t e r   f o r   t h e   d e s a l i n a t i o n   p l a n t .   O u r   r e s e a r c h   s h o w s   t h a t   t h e   d e e p   w a t e r   i n t a k e   l o c a t i o n   e n s u r e s   s t a b l e   h i g h   q u a l i t y   ( l o w   t u r b i d i t y )   r a w   w a t e r   a l o n g   w i t h   a n   i n s i g n i f i c a n t   r i s k   o f   i m p i n g e m e n t   a n d   e n t r a i n m e n t   o f   l i v i n g   o r g a n i s m s .   P r e l i m i n a r y   t e s t s   c o n d u c t e d   s o   f a r   c o n f i r m   o u r   o b s e r v a t i o n s ,   a n d   D W D   i s   p r e s e n t l y   c o n d u c t i n g   e x t e n s i v e   o n - g o i n g   w a t e r   q u a l i t y   m o n i t o r i n g   a n d   o c e a n o g r a p h i c   s t u d i e s   c o l l e c t i n g   d a t a   w h i c h   w e   e x p e c t   t o   f u r t h e r   c o n f i r m   t h e s e   f i n d i n g s .   W i t h   r e s p e c t   t o   s u c c e s s f u l   c o n s t r u c t i o n   a n d   r e l i a b i l i t y   o f   a   d e e p   w a t e r   i n t a k e ,   t h e r e   i s   e f f e c t i v e l y   z e r o   n e t   t e c h n i c a l   r i s k   i n   t h e   l o c a t i o n   b e i n g   p r o p o s e d   . .   r h i s   m e t h o d   o f   o p e n   w a t e r   e x t r a c t i o n   o f   s o u r c e   w a t e r   f o r   R O   d e s a l i n a t i o n   p l a n t s   i s   u s e d   f o r   m o r e   t h a n   9 8 %   o f   t h e   d e s a l i n a t i o n   p l a n t s   m r r p n l i v   i n   n n p r a t i n n   w n r l d w i r i p   A g r e e d .   W e   h a v e   a c c o u n t e d   f o r   t h i s   i n   o u r   e v a l u a t i o n .   W e   d o   n o t   a g r e e   t h a t   t h e   p r o p o s e d   s c r e e n e d   o p e n   i n t a k e   c a r r i e s   a   s i g n i f i c a n t   a d v a n t a g e   a t   t h i s   s t a g e   o f   p r o j e c t   d e v e l o p m e n t   t o   w a r r a n t   i  a l t e r n a t i v e s .   p l a c i n g   t   a b o v e   o t h e r   a l t e a t i v e s .   T h e   n e c e s s a r y   m a r i n e   s t u d i e s   a r e   n o t   c o m p l e t e ,   s o   p r e s u p p o s i n g   r e s u l t s   i s   b y   d e f i n i t i o n   s p e c u l a t i v e .   O p e n   i n t a k e s   a r e   n o t   p r e f e r r e d   b y   S t a t e   r e g u l a t o r s   a t   p r e s e n t ,   a n d   o n l y     c o n s i d e r e d   f o r   a p p r o v a l   w h e n   a   s u b - s u r f a c e   a l t e r n a t i v e   h a s   b e e n   r u l e d   o u t .   I t   t h e r e f o r e   p r e s e n t s   a   c o m p a r a t i v e l y   h i g h   r e g u l a t o r y   t h r e s h o l d .   F i n a l l y ,   t h e   i n s t a l l a t i o n   o f   t h e   p r o p o s e d   i n t a k e   p i p e l i n e   i s   n o t   w i t h o u t   r i s k — i t   w i l l   e n t a i l   c o n s t r u c t i o n   a c t i v i t i e s   i n   s e n s i t i v e   h a b i t a t   t h a t   c o u l d   p r o v e   c o n t r o v e r s i a l .   2   D e e p V V a t e r   D e s a l ,   L L C   3   D e e p W a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   B y   c o n t r a s t ,   C a l   A n n   a p p e a r s   t o   b e   p r o p o s i n g   a   l a r g e l y   u n p r o v e n   a l t e r n a t i v e   i n t a k e   m e t h o d   u s i n g   b e a c h   l o c a t e d   s l a n t   w e l l s   t o   e x t r a c t   s o u r c e   w a t e r .   T h i s   m e t h o d   r e q u i r e s   a   u n i q u e   s e t   o f   c o n d i t i o n s   t o   e x i s t   f o r   s e r i o u s   c o n s i d e r a t i o n   o f   t h i s   m e t h o d   a s   a   r e l i a b l e   l o n g - t e r m   s u p p l y   o f   r a w   w a t e r .   S l a n t   w e l l s   f o r   s o u r c e   w a t e r   e x t r a c t i o n   a r e   e n t i r e l y   d e p e n d e n t   o n   s i t e - s p e c i f i c   g e o l o g i c a l   c o n d i t i o n s .   T h e r e f o r e ,   a   t h o r o u g h   k n o w l e d g e   o f   c o n d i t i o n s   i s   n e c e s s a r y   i n c l u d i n g   c o m p u t e r   m o d e l i n g ,   t e s t   b o r e h o l e s ,   p u m p   t e s t i n g ,   a n d   p i l o t   t e s t i n g .   E n v i r o n m e n t a l   c o n c e r n s   r e g a r d i n g   t h e   i m p a c t   o f   a   l a r g e   w e l l   f i e l d   i n   t h e   M o n t e r e y   B a y   M a r i n e   S a n c t u a r y   c a n   b e   e x p e c t e d ,   a n d   c a n n o t   b e   a d e q u a t e l y   a d d r e s s e d   b y   a   s i n g l e   t e s t   w e l l .   E x p e r i e n c e   e l s e w h e r e   s u g g e s t s   t h a t   d e t e r m i n a t i o n   o f   t h e   s u i t a b i l i t y   o f   a n y   o n e   s i t e   c a n   c o n s u m e   y e a r s   o f   r e s e a r c h   a n d   t e s t i n g   p r i o r   t o   c o n s i d e r a t i o n   f o r   i m p l e m e n t a t i o n ,   i f   a t   a l l   f e a s i b l e ,   C a l   A m   h a s   e m p l o y e d   c o m p e t e n t   d e s i g n   p r o f e s s i o n a l s   i n   e s t a b l i s h i n g   t h e   p r o p o s e d   s u b s u r f a c e   i n t a k e   w e l l s ,   i n c l u d i n g   D e n n i s   W i l l i a m s   o f   G e o s c i e n c e ,   I n c .   D r .   W i l l i a m s   i n v e s t i g a t e d   a n d   d e s i g n e d   t h e   s u c c e s s f u l   s l a n t   d e m o n s t r a t i o n   w e l l   i n   D a n a   P o i n t ,   C a l i f o r n i a ,   w h i c h   h a s   o p e r a t e d   w e l l   t h r o u g h o u t   i t s   2 - y e a r   o p e r a t i n g   p e r i o d ,   f o l l o w i n g   p r e d i c t a b l e   c a p a c i t y   t r e n d s .   I t   i s   o u r   o p i n i o n   t h a t   C a l   A m   a n d   i t s   e n g i n e e r i n g   t e a m   a r e   e n g a g e d   i n   a   c o n s e r v a t i v e ,   d e l i b e r a t i v e   d e s i g n   a p p r o a c h   c o n s i s t e n t   w i t h   a   s u c c e s s f u l   o u t c o m e .   4   D e e p W a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   I n   a d d i t i o n ,   t e s t   w e l l s   f o r   t h e   C a l   A m   p r o j e c t   h a v e   n o t   y e t   b e e n   p e r m i t t e d ,   c o n s t r u c t e d   o r   o p e r a t e d   t o   d e m o n s t r a t e   t h e   f e a s i b i l i t y   o f   t h i s   a p p r o a c h   f o r   s o u r c e   w a t e r   e x t r a c t i o n .   N o r   c a n   t h e   p o t e n t i a l   i m p a c t   o n   e x i s t i n g   a q u i f e r   w i t h d r a w a l   r a t e s   a n d   q u a l i t y   b e   a c c u r a t e l y   e s t i m a t e d   u n t i l   t h e   f u l l - s c a l e   s y s t e m   i s   a c t u a l l y   o p e r a t i o n a l ;   w h i c h   c o u l d   c a u s e   d e l a y s   i n   o p e r a t i o n   i f   a d d i t i o n a l   t r e a t m e n t   c o m p o n e n t s   a r e   n e e d e d   o r   p l a n t   c a p a c i t i e s   c h a n g e .   T h e   t i m e l i n e   t o   p e r m i t ,   c o n s t r u c t   a n d   a d e q u a t e l y   l e s t   s l a n t   w e l l   t e c h n o l o g y   a t   t h e   C a l   A n n   s i t e   m a y   l i k e l y   c o n s u m e   a   m i n i m u m   o f   1 2   t o   1 6   m o n t h s   ( v e r s u s   t h e   6   m o n t h s   e s t i m a t e d   b y   C a l   A m   a n d   i n c l u d e d   i n   t h e   S P I   r e p o r t ,   r e f e r e n c e   F i g u r e   6 - 1   ) .   I f   t h e   t e s t   w e l l   i s   n o t     s u c c e s s f u l   a f t e r   t e s t i n g ,   s i g n i f i c a n t   s c h e d u l e   i m p a c t s   w o u l d   r e s u l t ,   a n d   a n   a l t e r n a t i v e   s o u r c e   w a t e r   e x t r a c t i o n   m e t h o d   w i l l   h a v e   t o   t h e n   b e   d e v e l o p e d ,   p e r m i t t e d   a n d   c o n s t r u c t e d ,   f u r t h e r   d e l a y i n g   t h e   s c h e d u l e .   C a l   A m ' s   s c h e d u l e   f o r   i n s t a l l a t i o n   o f   t h e   p r o p o s e d   t e s t   w e l l   i s   b e i n g   a d j u s t e d   b a s e d   o n   r e v i s e d   i n f o r m a t i o n .   T h e   i m p a c t s   o f   t h i s   c h a n g e   w i l l   b e   a d d r e s s e d   i n   t h e   s u p p l e m e n t a l   r e p o r t    2 0 1 3 .   s c h d u l e d   f o r   J a n u a r y   5   D e e p W a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   T h e   P e o p l e ' s   M o s s   L a n d i n g   p r o j e c t   p r o p o s e s   t o   e x t r a c t   s o u r c e   w a t e r   f r o m   t h e   M o s s   L a n d i n g   H a r b o r .   A g a i n ,   e x p e r i e n c e   c o n f i r m s   t h a t   h a r b o r   w a t e r   i s   o f   e x t r e m e l y   p o o r   a n d   v a r i a b l e   q u a l i t y   a n d   w i l l   r e q u i r e ,   a t   a   m i n i m u m ,   a d d i t i o n a l   p r e t r e a t m e n t   p r o c e s s   s t e p s   t o   r e l i a b l y   p r o d u c e   f e e d w a t e r   t o   t h e   R D   m e m b r a n e   t h a t   m e e t   t h e   S W R O   m e m b r a n e   s p e c i f i c a t i o n s .   T h e   f i r s t   f a i l e d   d e s a l i n a t i o n   p r o j e c t   a t   M o s s   L a n d i n g   i n   2 0 0 6   a t t e m p t e d   t o   u s e   t h e   M o s s   L a n d i n g   H a r b o r   w a t e r   b u t   h a d   i t s   p i l o t   t e s t i n g   t h w a r t e d   b y   s o u r c e   w a t e r   q u a l i t y   i s s u e s .   U n t i l   t h e   p r o p o s e d   p r e t r e a t m e n t   I s   e x t e n s i v e l y   p i l o t   t e s t e d ,   i t   i s   n o t   p o s s i b l e   t o   f i n a l i z e   e i t h e r   t h e   d e s i g n   o r   t h e   c o s t   o f   t h e   p r o p o s e d   p r o j e c t .   P i l o t   t e s t i n g   f o r   p r e t r e a t m e n t   o f   h i g h l y   c o n t a m i n a t e d   s o u r c e   w a t e r s   w o u l d   t y p i c a l l y   r e q u i r e   1 2 - m o n t h s   t o   c a p t u r e   s e a s o n a l   e f f e c t s   o n   t h e   p r o p o s e d   p r o c e s s .   " '   " " '   ' " ' ' ' ' ' ' "   " '   ' ' ' ' ` " " ' " '   l ' " u `   " " ' " ' ' ' ' "   e a    ' ' ' " '   d t h "   d i s a g r e e   w i t h   t h e   c h a r a c t e r i z a t i o n   t h a t   i t   w a s   " t h w a r t e d "   b y   w a t e r   q u a l i t y   i s s u e s .   T h e   s t u d y   e v a l u a t e d   U F   p r e t r e a t m e n t   a n d   f o u n d   i t   s u c c e s s f u l .   P M L     i s   p r o p o s i n g   t w o - s t a g e   p r e t r e a t m e n t   i n c o r p o r a t i n g   g r a n u l a r   m e d i a   f i l t e r s   f o l l o w e d   b y   U F .   W e   c o n s i d e r   t h i s   a p p r o a c h   c o n s i s t e n t   w i t h   t h e   p r e v i o u s   w o r k   a n d   a d e q u a t e l y   c o n s e r v a t i v e .   T h e y   h a v e   f u r t h e r   p r o p o s e d   t o   c o n d u c t   a   1 2 - m o n t h   p i l o t   p r o g r a m   ( i n c l u d e d   i n   t h e i r   s c h e d u l e )   t o   v a l i d a t e   t h e   o v e r a l l     p r o c e s s   d e s i g n .   T h e   c o s t s   f o r   t h e i r   p r e t r e a t m e n t   s y s t e m   a s   p r o p o s e d   a r e   I n c l u d e d   i n   o u r   e v a l u a t i o n ,   a l o n g   w i t h   t h e   s c h e d u l e   i m p a c t s   o f   t h e i r   p i l o t   6   D e e p W a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   D W D   r e s p e c t f u l l y   s u b m i t s   t h a t   t h e   p o t e n t i a l   c o s t ,   r i s k   a n d   s c h e d u l e   i m p a c t s   o f   t h e   t h r e e   c a n d i d a t e   m e t h o d s   o f   s o u r c e   w a t e r   e x t r a c t i o n   a r e   n o t   e q u i v a l e n t .   C a l   A m ' s   p r o p o s e d   s l a n t   w e l l   a l t e r n a t i v e   i n t a k e   c l e a r l y   o f f e r s   t h e   g r e a t e s t   r i s k   a s   t h e r e   i s   o n l y   o n e   s u c c e s s f u l l y   o p e r a t i n g ,   l a r g e   c a p a c i t y ,   i . e .   ( g r e a t e r   t h a n   5   m g d )   S W R O   d r i n k i n g   w a t e r   f a c i l i t y   u t i l i z i n g   s l a n t   w e l l   t e c h n o l o g y   a n y w h e r e   i n   t h e   w o r l d   ( O m a n   S u r )   o f   w h i c h   w e   a r e   a w a r e .   T h e   S u r   p l a n t   t a k e s   a d v a n t a g e   o f   m e e t i n g   a l l   s i t e - s p e c i f i c   r e q u i r e m e n t s   s u p p o r t i n g   b e a c h   w e l l s ;   a n d   w a s   b u i l t   a l t e r   3 +   y e a r s   o f   t e s t i n g .   t o   p r o v e   t h i s   w a s   p o s s i b l e   w i t h   t h e   s u p p o r t   o f   e x t e n s i v e   c o m p u t e r   m o d e l i n g   a n d   f i e l d   t e s t i n g .   T h e   2 1   m g d   f a c i l i t y   r e q u i r e s   3 2   w e l l s   a n d   t h e   w e l l   f i e l d   c o n s u m e s   m o r e   t h a n   1 2   a c r e s .   S e e   a b o v e   r e s p o n s e   r e g a r d i n g   t h e   s l a n t   w e l l   i s s u e .   7   D e e p W a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   T h e   P e o p l e ' s   p r o j e c t   h a s   t h e   n e x t   h i g h e s t   r i s k   a s s o c i a t e d   w i t h   t h e   d e s i g n   a n d   o p e r a t i o n   o f   a   p r e t r e a t m e n t   s y s t e m   t h a t   c a n   r e l i a b l y   t r e a t   t h e   v e r y   p o o r   q u a l i t y   h a r b o r   s o u r c e   w a t e r   t o   t h e   v e r y   h i g h   s t a n d a r d s   r e q u i r e d   b y   S W R O   m e m b r a n e .   T h i s   r i s k   c a n   o n l y   b e   m i t i g a t e d   b y   e x t e n s i v e   p i l o t   t e s t i n g   o f   d u r a t i o n   o f   a t   l e a s t   1 2 - m o n t h s   t o   a c c o u n t   f o r   s e a s o n a l   w a t e r   q u a l i t y   c h a n g e s   a n d   f o r   a c c u r a t e   s o u r c e   w a t e r   c h a r a c t e r i z a t i o n ;   i m p a c t   o n   t h e   p r o p o s e d   p r e t r e a t m e n t   p r o c e s s e s ,   a n d   r e m o v a l   d u e   t o   c o n t a m i n a n t s   s u c h   a s   o i l   a n d   g r e a s e   a n d   h a r m f u l   a l g a l   b l o o m s .   T h e   P M L   p r o j e c t   a n d   o u r   e v a l u a t i o n   i n c l u d e s   t h e   r e c o m m e n d e d   m e a s u r e s .   P a g e   1   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 145, Packet Page 171 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   "   D R A F T   R E P O R T   . . .   . .   r i d .   .  .  . c d d i d i d d i e y   .  -   .  -  P a o l a   P a g e   •   N o .   D a t e   o f   ' C o m m e n t   '  C o m m e n t s   .   .  ..  . .   -    .  .  .  R e s p o n s e / A c t i o n    '   •   •  '  —   '   " "   '  D e e p V V a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   A l l   t h r e e   p r o p o s e d   p r o j e c t s   h a v e   p r o p o s e d   r e v e r s e   o s m o s i s   a s   t h e   d e s a l i n a t i o n   p r o c e s s   a n d   t h e   0   &   M   c o s t s   a s s o c i a t e d   f o r   e a c h   p r o j e c t   s h o u l d   b e   r o u g h l y   e q u i v a l e n t   s o   f a r   a s   t h e   R O   s y s t e m   i s   c o n c e r n e d .   H o w e v e r ,   b o t h   t h e   C a l   A m   a n d   P e o p l e s   p r o j e c t s   c o n t a i n   p r o c e s s   e q u i p m e n t   t h a t   i s   n o t   r e q u i r e d   f o r   t h e   D W D   p r o j e c t .   C a l   A m   h a s   t h e   a d d e d   0   &   M   c o s t s   a s s o c i a t e d   w i t h   i t s   s l a n t   w e l l   f i e l d   a n d   P e o p l e ' s   h a s   t h e   a d d e d   c o s t s   a s s o c i a t e d   w i t h   i t s   a d d i t i o n a l   p r e t r e a t m e n t   s t e p s   ( u l t r a f i l t r a l i o n ) .   Y e t ,   t h e   S I D I   r e p o r t   h a s   a s s i g n e d   t h e   h i g h e s t   0   &   M   c o s t   t o   t h e   D W D   p r o j e c t .   i n t u i t i v e l y ,   t h i s   d o e s   n o t   s e e m   t o   b e   a   t e c h n i c a l l y   s o u n d   c o n c l u s i o n .   H o w e v e r ,   w i t h o u t   r e v i e w i n g   t h e   0   &   M   c o s t   w o r k - u p   p r e p a r e d   b y   S P I   w e   c a n n o t   b e   m o r e   s p e c i f i c   i n   a s c e r t a i n i n g   h o w   S P I   a r r i v e d   a t   t h i s   c o n c l u s i o n .   D W D   w o u l d   a p p r e c i a t e   t h e   o p p o r t u n i t y   t o   r e v i e w   S P I ' s   c o s t   e v a l u a t i o n   w o r k s h e e t   t o   a s s e s s   w h e t h e r   a n y   i n c o r r e c t   a s s u m p t i o n s   m a y   h a v e   b e e n   i i c p r i   i n   h e   p v a l l i n l i n n   •  B a s e d   o n   s u b s e q u e n t   c o r r e s p o n d e n c e   b e t w e e n   D V V D   a n d   S R I ,   w e   f e e l   w e   h a v e   t r a c e d   t h e   s o u r c e   o f   t h e   d i s c r e p a n c y   p r i m a r i l y   t o   t h e   l i n e   i t e r n   l i s t e d   a s   " O t h e r   P r o p o n e n t   E x p e n s e s " ,   w h i c h   w e   f a i l e d   t o   f u l l y   u n d e r s t a n d   f r o m   t h e   D W O   s u p p l i e d   c o s t s   o r i g i n a l l y .   T h e   q u a n t i t y   l i s t e d   i n   t h e   d r a f t   r e p o r t   o v e r l a p s   w i t h   O & M   l a b o r   e s t i m a t e   i n c l u d e d   i n   o u r   c o s t   e v a l u a t i o n .   T h e   O & M   c o s t s   w i l l   b e   r e v i s e d   i n   t h e   f i n a l   r e p o r t   t o   r e f l e c t   t h e   n e w   i n f o r m a t i o n .   9   D e e p V V a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   T h e   m o s t   D V V D   n u m b e r   s u b m i s s i o n   P M L   i d e n t i f i e d   0   &   M   n u m b e r s   s i g n i f i c a n t l y   t h e   5 . 5 k A F Y   n o t a b l e   d i f f e r e n c e   i s   t h e   I n c l u s i o n   o f   a   r o w   l a b e l e d   " O t h e r   P r o p o n e n t   E x p e n s e s "   o n l y   p r o j e c t .   T h e   C a l   A m   a n d   P M L   p r o j e c t s   h a v e   n o   c o s t s   i d e n t i f i e d   i n   t h i s   r o w ,   b u t   S P I   a s s i g n e d   f r o m   D W D ' s   i n p u t   t h a t   i s   d u p l i c a t e d   i n   o t h e r   c o s t s   i d e n t i f i e d   a s   C h e m i c a l s   a n d   O & M   L a b o r .   c l e a r l y   i d e n t i f i e d   w h a t   w a s   i n   o u r   c o s t s .   W e   k n o w   f r o m   o u r   o w n   a n a l y s i s   o f   t h e   C a l   p r o j e c t s   t h a t   t h e y   h a v e   s i m i l a r   " O t h e r   P r o p o n e n t   E x p e n s e s .   T h e   f i g u r e s   p r o v i d e d   f o r   C h e m i c a l s   h i g h e r   t h a n   C a l   A m   w h i l e   w e   i n c l u d e d   c h e m i c a l s   i n   o u r   " E x p e n d a b l e s "   c a t e g o r y .   " O & M   L a b o r '   i n   o u r   s u b m i s s i o n   s i z e d   f o r   t h e   p l a n t   a n d   d e s i g n   c h a r a c t e r i s t i c s .   A s   a   r e s u l t ,   C a s t s   w e r e   o v e r s t a t e d   b y   $ 2 . 9 4   m i l l i o n   f o r   t h e   9 1 c A F Y   p l a n t   a n d   o v e r s t a t e d   b y   $ 2 . 7 8   m i l l i o n   s i z e d   p l a n t .   W e   a r e   i n s e r t i n g   T a b l e   E S - 2   f r o m   t h e   S P I   r e p o r t   w i t h   D W D ' s   c o r r e c t e d   b e l o w   e l i m i n a t i n g   t h e   d u p l i c a t e d   c o s t s   a n d   o v e r s t a t e d   e n e r g y   c o s t s .   t o   t h e   a   O u r   A m   a n d   i s   W e   c l e a r l y   t h e   f o r   S e e   r e s p o n s e   a b o v e .   T a b lo  E .S .2   C A  M s   D M     5 4 1   C h a r t   D W I ,  5 .1 1 A .”   S U ,   5  v . ,   s u n   S I M ,   I n e ,   S 3 4 1   S I , .   5 1 1 1   '  "   5 . 1   Z O O   P S I   M P   S M .   . 1 1   s o  s o   s t m   M P   3 1 4 7   . . „   5 1 , 1   M U   5 1 4 4   I . C .   I l d . . . s / r e v o n o r l   N . . . .   5 1 .1 1 3   5 1 .4 .0   D W I . =   P O   S IA  6   5 . 9   5 7 .1 4   5 1 6 1   $ 1 .3 1   ( 9 . V . , . . 0 . . M . P   W O   5 1 -1 1   S L O I   i a a l   5 1 3 1    s o .,,  7 0 . . s   •1 1 .1 3   P . 7 7   1 1 1 .1   P I O    5 1 3 .1   i n .   M I . I 7   y . , , , , , , ,   i n d r r r   V /   . . . r . , 1   . P I    1 1 0   1   1 1 4   O m m i c k .   i l n . 1 . 1 . 1 1 . 1 1 , , W . 1   . . . l e a t + . s  1 . o   5 M M   1 1 - l5   P S O   0 1 1 4 .1 a m r   I   l a b   5 1 1 1 7   4 . .   T O T A L   $ 0 .1 1  I  U . .   0 1 M 1 r s ...  o w .   I r y   d o u b l e   i m u n a l n e s .   A   g i v a r . 4 . 0 1 . 1 1   y r . .   u x i t t   .   M I .   5 1 / .   1 0   D e e p V V a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   S c h e d u l e   f o r e c a s t i n g   i s   b y   n a t u r e   s p e c u l a t i v e .   H o w e v e r ,   w e   h a v e   n o t e d   t h a t   F i g u r e   6 - 1   - C o n c e p t u a l   I m p l e m e n t a t i o n   S c h e d u l e   f o r   t h e   C a l   A m   P r o j e c t   f o r e c a s t s   t h e   s l a n t   w e l l   t e s t   p r o g r a m   w i l l   b e   c o m p l e t e d   i n   9 - m o n t h s   c o m m e n c i n g   Z ' d   q u a r t e r   o f   2 0 1 3 ;   a n d   t h e   g e n e r i c   s c h e d u l e   p r o p o s e d   b y   S P I   c o n t a i n s   t h e   f o l l o w i n g   c o n d i t i o n "   . . .   p r e s u m e s   n o   d e l a y s   t o   t h e   d e s i g n   a n d   c o n s t r u c t i o n   o f   t h e   d e s a l i n a t i o n   p l a n t   b a s e d   u p o n   d e v e l o p m e n t   o f   t h e   i n t a k e   s y s t e m s . "   ( R e f .   p a g e   5 7 ) .   W e   s i n c e r e l y   q u e s t i o n   w h e t h e r   t h i s   a s s u m p t i o n   i s   r e a s o n a b l e   g i v e n   t h e   u n c e r t a i n t y   o f   p e r m i t t i n g ,   c o n s t r u c t i o n   a n d   t h e   r e q u i r e d   t e s t   p e r i o d   d u r a t i o n   d i s c u s s e d   a b o v e .   T h e   o n l y   e x p e r i e n c e   w i t h   l a r g e   c a p a c i t y   s l a n t   w e l l s   i n   C a l i f o r n i a   i s   a n   o n g o i n g   s l a n t   w e l l   t e s t   p r o g r a m   a t   D o h e n y   B e a c h   i n   s o u t h e r n   C a l i f o r n i a   b e i n g   c o n d u c t e d   f o r   t h e   S o u t h   O r a n g e   C o a s t a l   O c e a n   D e s a l i n a t i o n   P r o j e c t   t h a t   c o m m e n c e d   i n   2 0 0 5   a n d   i s   n o t   s c h e d u l e d   t o   c o n c l u d e   u n t i l   2 0 1 3 .   I t   w o u l d   b e   h e l p f u l   i f   S P I   w o u l d   s h a r e   t h e   r a t i o n a l e   a n d   b a s i s   f o r   i t s   s t a l e d   a s s u m p t i o n .   I t   s h o u l d   a l s o   b e   n o t e d   t h a t   t h e   C a l   A m   s c h e d u l e   w o u l d   b e   s u b s t a n t i a l l y   i m p a c t e d   s h o u l d   t h e   t e s t   p r o g r a m   n o t   b e   u l t i m a t e l y   s u c c e s s f u l ,   w h i c h   w o u l d   e n t a i l   g o i n g   t o   a n   e n t i r e l y   n e w   m e t h o d   f o r   s o u r c e   w a t e r   e x t r a c t i o n .   W e   b e l i e v e   t h a t   i t   I s   a p p r o p r i a t e   t o   r e f l e c t   t h i s   r i s k   e l e m e n t   i n   t h e   e v a l u a t i o n ,   w h i c h   i n   o u r   v i e w   i s   s u b s t a n t i a l .   W e   w i l l   a d j u s t   C a l   A m ' s   s c h e d u l e   f o r   t h e   t e s t   w e l l   p r o g r a m   a c c o r d i n g   t o   n e w   i n f o r m a t i o n   r e c e i v e d   I n   a   s u p p l e m e n t a l   r e p o r t   d u e   i n   J a n u a r y   2 0 1 3 .   C a l   A m ' s   e n g i n e e r i n g   t e a m   i s   a c t i v e l y   e n g a g e d   i n   t h e   d e s i g n   a n d   p r o p o s e d   c o n s t r u c t i o n   s e q u e n c e   f o r   t h e   t e s t   w e l l s ,   a n d   w e   f i n d   t h e i r   s c h e d u l e   c r e d i b l e   f r o m   a n   e n g i n e e r i n g   a n d   c o n s t r u c t i o n   p e r s p e c t i v e .   P e r m i t t i n g   c o n c e r n s   a s   s t a t e d ,   s p e c u l a t i v e — b u t   w e   d o   n o t e   a   p r e f e r e n c e   o f   S t a t e   r e g u l a t o r s   f o r   s u b s u r f a c e   I n t a k e s   a t   p r e s e n t   w h i c h   c o u l d   s m o o t h   t h e i r   p a t h   t o   a p p r o v a l .   P a g e   2   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 146, Packet Page 172 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   N o .   .  .  C o m m e n t , B  y   r   P a g e   '   . ,   .  D a t e , o f   -   .  C o m m e n t     i i   C o m M e t s   R e s p o n s e / A c t i o n   1 1   D e e p   W a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   W i t h   r e s p e c t   t o   t h e   C o n c e p t u a l   I m p l e m e n t a t i o n   S c h e d u l e   f o r   t h e   D W D   P r o j e c t ,   F i g u r e   6 - 2 ,   w e   n o t e   t h a t   t h e   s c h e d u l e   l i s t e d   b y   S P I   i s   s u b s t a n t i a l l y   l o n g e r   t h a n   w e   f o r e c a s t .   T h e r e   a r e   t w o   t a s k s   I t e m s   t h a t   w e   b e l i e v e   s h o u l d   b e   r e v i s e d :   T a s k   I t e m   6 .   D e s a i   P l a n t   P r e l i m i n a r y   D e s i g n   -   D V V D   c a n   e x e c u t e   p r e l i m i n a r y   d e s i g n   c o n c u r r e n t l y   w i t h   t h e   p r i o r   t a s k   i t e m s .   U n l i k e   e i t h e r   t h e   C a l   A m   o r   t h e   P e o p l e s   p r o j e c t s ,   D W D   c a n   a c c u r a t e l y   d e t e r m i n e   i t s   d e s i g n   s o u r c e   w a t e r   q u a l i t y   ( a n d   i s   p r e s e n t l y   c o l l e c t i n g   t h e   n e c e s s a r y   d a t a   n e e d e d   w i t h   i n s t r u m e n t s   d e p l o y e d   i n   t h e   o c e a n   o f f   M o s s   l a n d i n g   a n d   r e g u l a r   w a t e r   s a m p l i n g ) .   C a l   A m   c a n n o t   c h a r a c t e r i z e   i t s   d e s i g n   f e e d w a t e r   u n t i l   t h e   c o m p l e t i o n   o f   t h e   s l a n t   w e l l   t e s t   p r o g r a m .   A l t h o u g h   C a l   A m   h a s   t r i e d   t o   a n t i c i p a t e   t h e   r a w   w a t e r   q u a l i t y   a n d   i n c o r p o r a t e d   a d d i t i o n a l   p r e t r e a t m e n t   c o m p o n e n t s   t o   p o s s i b l y   t r e a t   t h e   f e e d   w a t e r ,   o n l y   a n   a n a l y s i s   o f   t h e   f e e d   w a t e r   f r o m   t h e   a c t u a l   t e s t e d   i n - f i e l d   c o n d i t i o n s   w i l l   d i r e c t   t h e   e x t e n t   a n d   a s s o c i a t e d   c a p i t a l   a n d   o p e r a t i o n a l   c o s t   i m p a c t   t h i s   w i l l   h a v e   o n   t h e   p l a n t .   L i k e w i s e ,   t h e   P e o p l e s   p r o j e c t   m u s t   f i r s t   c o m p l e t e   i t s   1 2 - m o n t h   p i l o t   t e s t i n g   f o r   s i m i l a r   r e a s o n s .   T a s k   I t e m   3 .   J u r i s d i c t i o n a l   P e r m i t s   - A s   n o t e d   i n   t h e   r e p o r t ,   D V V D   h a s   p r e v i o u s l y   b e e n   b a r r e d   f r o m   d i s c l o s i n g   c e r t a i n   i n f o r m a t i o n   r e l a t e d   t o   i t s   p r o j e c t   d u e   t o   a   b i n d i n g   n o n - d i s c l o s u r e   a g r e e m e n t .   W e   a r e   p l e a s e d   t o   n o w   b e   a b l e   t o   d i s c l o s e ,   t h a t   D V V D   i s   c u r r e n t l y   e n g a g e d   i n   e x c l u s i v e   n e g o t i a t i o n s   f o r   a   b u i l d i n g   s o u t h   o f   E l k h o m   S l o u g h   a s   a n   a l t e r n a t i v e   l o c a t i o n   f o r   t h e   s e a w a t e r   r e v e r s e   o s m o s i s   p l a n t   p o r t i o n   t h e   p r o j e c t .   T h i s   w i l l   r e s u l t   i n   a   r e d u c t i o n   o f   c a p i t a l   a r i d   a . p e r a t i n g   c o s t s   a n d   a n   a c c e l e r a t i o n   o f   t h e   s c h e d u l e   r e l a t i v e   t o   t h e   J u r i s d i c t i o n a l   P e r m i t s   a s   i t   w i l l   n o t   b e   n e c e s s a r y   r o u t e   p i p i n g   t h a t   c r o s s e s   t h e   E l k h o r n   S l o u g h .   W h i l e   w e   a c k n o w l e d g e   t h e   S l o u g h   d o e s   h a v e   l o g i s t i c a l   c h a l l e n g e s ,   t h i s   a l t e r n a t i v e   e f f e c t i v e l y   e l i m i n a t e s   t h e   1 2 - m o n t h   s c h e d u l e   i t e m   a s s o c i a t e d   w i t h   s u c h   J u r i s d i c t i o n a l   p e r m i t t i n g .   T h e   a s s o c i a t e d   c o s t s   s a v i n g s   a r e   $ 5 . 5   m i l l i o n   i n   C a p E x   f o r   t h e   9 k A F Y   p l a n t   s i z e   a n d   $ 2 . 7   m i l l i o n   f o r   t h e   5 . 5 k A F Y   p l a n t   s i z e .   A d d i t i o n a l l y ,   t h e   a n n u a l   0   &   M   C o s t s   a r e   l o w e r   b y   $ 1   0 7 / A F Y   f o r   a   t o t a l   c o s t   o f   $ 1   , 9 1   0 / A F Y   f o r   t h e   9 k A F Y   p l a n t   a n d   $ 2 , 2 9 2 / A F Y   f o r   t h e   5 . 5 k A F Y   s i z e d   p l a n t .   T h e   p r o p o n e n t ' s   u p d a t e d   s c h e d u l e   w a s   s o l i c i t e d   s i n c e   t h e   o r i g i n a l   d r a f t   a n d   h a s   b e e n   p r e s e n t e d   i n   t h e   r e p o r t .   I t   h a s   n o t   b e e n   f u l l y   a n a l y z e d   b u t   n e i t h e r   i s   i t   f u l l y   a c c e p t e d .   W i t h   r e s p e c t   t o   T a s k   3 ,   t e x t   h a s   b e e n   a d d e d   t o   t h e   r e p o r t   t o   n o t e   t h a t   a   r e l o c a t i o n   o f   t h e   p r o j e c t   a s   i n d i c a t e d   w o u l d   s u b s t a n t i a l l y   l e s s e n   t h e   p r o j e c t   s c h e d u l e   d u r a t i o n .   H o w e v e r ,   t h i s   h a s   n o t   b e e n   f u l l y   a n a l y z e d   s i n c e   t h i s   i n f o r m a t i o n   c a m e   t o   l i g h t   s o   l a t e .   W i t h   r e s p e c t   t o   T a s k   6 ,   p r o p o n e n t s   h a v e   i n d i c a t e d   a   t r e m e n d o u s   s c h e d u l e   a d v a n t a g e   i n   a l l   p h a s e s   o f   d e s i g n   a n d   c o n s t r u c t i o n   c o m p a r e d   t o   t h e   g e n e r i c   s c h e d u l e   p r e s e n t e d   b y   t h e   C o n s u l t a n t s .   B o t h   p o i n t s   o f   v i e w   a r e   p r e s e n t e d   i n   t h e   r e p o r t .   1 2   D e e p W a t e r   D e s a l ,   L L C   N A   1 1 / 1 3 / 2 0 1 2   B e c a u s e   o f   t h e   c r i t i c a l   n a t u r e   t h e   d e s a l i n a t i o n   p l a n t   a n d   t h e   n e c e s s i t y   t o   m e e t   t h e   c e a s e   a n d   d e s i s t   o r d e r   d e a d l i n e ,   w e   r e s p e c t f u l l y   s u b m i t   t h a t   t h e   D W D   p r o j e c t   o f f e r s   t h e   l o w e s t   r i s k   o f   s i g n i f i c a n t   c h a n g e s   i n   c o s t   a n d   s c h e d u l e .   B e c a u s e   t h e   D W D   p r o j e c t   r e l i e s   o n   a   c o n v e n t i o n a l   i n t a k e   f o r   t h e   s u p p l y   o f   h i g h   q u a l i t y   s o u r c e   w a t e r   f o r   d e s a l i n a t i o n ,   t h e   r i s k   e l e m e n t s   f o r   t h e   D V V D   p r o j e c t   a r e   l i m i t e d   t o   r e g u l a t o r y   r e v i e w   a n d   p e r m i t t i n g .   W h i l e   b o t h   t h e   C a l   A m   a n d   P e o p l e s   p r o j e c t   a r e   a l s o   s u b j e c t   t o   r e g u l a t o r y   a n d   p e r r n i t t i n g   r i s k ,   t h e y   h a v e   a d d e d   s i g n i f i c a n t ,   m a t e r i a l   t e c h n i c a l   r i s k   a s   w e l l .   I n   t h e   c a s e   o f   C a l   A m ,   t h e   r i s k   a s s o c i a t e d   w i t h   r e l y i n g   o n   a   n o v e l   a n d   l a r g e l y   u n p r o v e n   a n d   s i t e   s p e c i f i c   m e t h o d   o f   s o u r c e   w a t e r   e x t r a c t i o n ;   a n d   i n   t h e   c a s e   o f   t h e   P e o p l e s   p r o j e c t ,   t h e   c h a l l e n g e   o f   r e l i a b l y   p r o d u c i n g   h i g h   q u a l i t y   R O   f e e d w a t e r   f r o m   a   v e r y   c o n t a m i n a t e d   a n d   h i g h l y   v a r i a b l e   s o u r c e   w a t e r .   W e   b e l i e v e   t h e   a d v a n t a g e s   c i t e d   a r e   e x c e s s i v e l y   s p e c u l a t i v e   g i v e n   t h e   p r e s e n t   s t a t e   o f   p r o j e c t   d e v e l o p m e n t ;   a n d   d o   n o t   w a r r a n t   a   d e s c r i b e d   p r e f e r e n c e   i n   o u r   e v a l u a t i o n .   1 3   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   S i n g l e   p a s s   R O   s y s t e m   p r o p o s e d   b y   D W D   a n d   P M L - w h i l e   C a l   A m   p a r t i a l   d o u b l e   o r   t w o   p a s s   y s t e m -   w h a t   a r e   a d v a n t a g e s / d i s a d v a n t a g e s   a n d   w h a t   i s   c o s t   f a c t o r   f o r   s i n g l e   v s   d o u b l e ?   A l l   t h r e e   p r o j e c t s   w o u l d   s u p p l y   w a t e r   i n t o   t h e   C a l   A m   d i s t r i b u t i o n   s y s t e m   t o   i n t e g r a t e   w i t h   e x i s t i n g   s u p p l i e s .   F o r   a n   a p p l e s   t o   a p p l e s   c o m p a r i s o n ,   w e   s a w   i t   a s   n e c e s s a r y   t o   c o m p a r e   t h e   p r o j e c t s   o n   t h e   b a s i s   o f   a c h i e v i n g   a   c o n s i s t e n t   q u a l i t y   o f   p r o d u c t   w a t e r .   S i n g l e   a n d   p a r t i a l - d o u b l e   p a s s   R O   s y s t e m   w o u l d   p r o d u c e   m a r k e d l y   d i f f e r e n t   q u a l i t i e s   o f   p r o d u c t   w a t e r — s o   w e   p e r f o r m e d   o u r   e v a l u a t i o n   o n   t h e   b a s i s   d a l !   p r o j e c t e d   i n c o r p o r a t i n g   a   p a r t i a l   s e c o n d   p a s s   R O   s y s t e m .   I t   s h o u l d   b e   n o t e d   t h a t   t h i s   w a s   i n   a n   e f f o r t   t o   p r o v i d e   a   b a l a n c e d   e v a l u a t i o n   o f   t h e   p r o j e c t s .   A c t u a l   f a c i l i t y   c o n s t r u c t i o n   c o u l d   p r o c e e d   o n   e i t h e r   b a s i s ,   s u b j e c t   t o   a g r e e m e n t   o f   i n t e r e s t e d   p a r t i e s   a n d   S t a t e   r e g u l a t o r s .   1 4   S u e   M c C l o u d   E S - 7   1 1 / 1 3 / 2 0 1 2   I f   P M L   c a n n o t   u s e   a l l   o r   p a r t   o f   i n t a k e   i n f r a s t r u c t u r e - w h a t   i s   c o s t   d i f f e r e n t i a l   P M L   h a s   i n c l u d e d   5 3 . 0 M   i n   t h e i r   c o s t   e s t i m a t e s   t o   p r o v i d e   u p g r a d e s   t o   t h e i r   e x i s t i n g   i n t a k e   a n d   o u t f a l l   f a c i l i t i e s .   T h i s ,   i n   c o n c e r t   w i t h   t h e   3 0 %   o v e r a l l   c o s t   c o n t i n g e n c y   i n c l u d e d   i n   o u r   e s t i m a t e s   i s   s u f f i c i e n t   t o   a c c o u n t   f o r   p o t e n t i a l   c o s t s   a t   t h i s   s t a g e .   1 5   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   D o e s   e n e r g y   c o s t   u s e   M R W M D   p o w e r - a l s o   g r e e n   a s p e c t   i f   t h i s   e n e r g y   g e n e r a t e d   f r o m   l a n d f i l l   m e t h a n e   i s   u s e d .   E n e r g y   c o s t s   w e r e   s u p p l i e d   b y   t h e   i n d i v i d u a l   p r o p o n e n t   t e a m s .   W e   v a l i d a t e d   t h e i r   c o s t s   t o   a   c e r t a i n   e x t e n t ,   b u t   w e r e   n o t   i n   a   p o s i t i o n   t o   r e c o m m e n d   s o u r c e s   o f   e n e r g y .   I n   g e n e r a l ,   p r o p o n e n t   t e a m s   h a v e   a n   i n c e n t i v e   t o   p r o c u r e   t h e   l o w e s t   c o s t   s o u r c e s   o f   e n e r g y   f o r   t h e i r   p r o p o s e d   p r o j e c t   o n   t h e i r   o w n .   P a g e   3   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 147, Packet Page 173 I V I P R 1 N A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   ,  N o .   .  •   •  •  P a g e   -•  ' ,   - . '   N O .   . .   D a t e   o f   :   C o m m e n t   ;   .  ,   .  ,  .  •   C o m m e n t s   .  .•  —   •   ,   -  -  .  R e s p o n s e / A c t i o n   1 6   S u e   M c C l o u d   E S - 7   1 1 1 1 3 / 2 0 1 2   I m p l e m e n t a t i o n   s c h e d u l e s   e x p a n d   f o r   e a c h   o f   7   p o i n t s ,   w h e r e   i s   e a c h   p r o j e c t   n o w   i n   t h e   p r o c e s s   a n d   w h a t   s t e p s   a r e   y e t   t o   b e   a c c o m p l i s h e d   a n d   i n   w h a t   t i m e   f r a m e .   T h e   s c h e d u l e s   s h o w   e a c h   p r o j e c t ' s   f o r e c a s t   d e v e l o p m e n t   f r o m   O c t o b e r   2 0 1 2   o n .   T h e   s c h e d u l e   s t a r t   d a t e   a n d   s u b s e q u e n t   a c t i v i t i e s   a r e   o u r   b e s t   e s t i m a t e   o f   p r o g r e s s   g o i n g   f o r w a r d .   1 7   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   S a w   n o   m e n t i o n   o f   l e g a l   a c t i o n   i m p a c t   f o r   a n y   o f   t h e   p r o j e c t s .   T h e   l e g a l   r i s k   o f   t h e   v a r i o u s   p r o j e c t s   w a s   o u t s i d e   t h e   s c o p e   o f   o u r   e v a l u a t i o n .   1 8   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   C a l a m   p r o j e c t -   d o   c o s t s   r e f l e c t   8   s l a n t   w e l l s   o r   5   a n d   s h o u l d n ' t   c o s t s   h a v e   b o t h   c o s t s ?   T h e   c o s t s   p r e s e n t e d   f o r   t h e   9   k A F Y   p r o j e c t   r e f l e c t   i n s t a l l a t i o n   o f   7   s l a n t   w e l l s ;   c o s t s   f o r   t h e   5   k A F Y   p r o j e c t   r e f l e c t   i n s t a l l a t i o n   o f   5   s l a n t   w e l l s .   E s t i m a t e s   f o r   b o t h   f a c i l i t y   s i z e s   a r e   p r e s e n t e d   I n   t h e   r e p o r t .     W e   f e e l   s u f f i c i e n t   i n f o r m a t i o n   I S   i n c l u d e d   i n   t h e   r e p o r t   r e g a r d i n g   t h e   S V G B   f o r   t h e   p u r p o s e s   o r   o u r   e v a l u a t i o n .     D W D   i s   p r o p o s i n g   t o   p r o p o r t i o n a l l y   s h a r e   c o s t s   a s s o c i a t e d   w i t h   i n t a k e   a n d   b r i n e   d i s p o s a l   f a c i l i t i e s   p r o p o r t i o n a l l y   a m o n g   t h e   P h a s e   1   a n d   2   p r o j e c t s .   R e m a i n i n g   p r o j e c t   f a c i l i t i e s   w o u l d   o n l y   b e   c o n s t r u c t e d   f o r   t h e   P h a s e   1   p l a n t   r e q u i r e m e n t   a n d   c o s t s   a r e   r e f l e c t i v e   o f   t h a t .   1 9   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2    W o u l d   b e   h e l p f u l   t o   h a v e   a   m a p   w i t h   S V G B   s u p e r i m p o s e d   o v e r   t h e   C a l   A m   p r o j e c t .   2 0   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   D W D   t a l k s   a b o u t   P h a s e s   1   a n d   2 - y e t   t e x t   s e e m s   t o   t a l k   a b o u t   i n f r a s t r u c t u r e   b e i n g   d o n e   a t   t h e   o u t s e t - i f   s o ,   w i l l   t h e   d e s a l   p r o j e c t   b e   h e l p i n g   t o   p a y   f o r   t h e   l a r g e r   c o s t   p r o j e c t   2 1   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   B o t h   D V V D   a n d   P M L   u s e   c o r r o s i o n   i n h i b i t o r s - I s   t h i s   f o r   i n t a k e   a n d   o u t f l o w   p i p e s ?   A s   i t   d o e s   n o t   a p p e a r   i n   t h e   C a l   A m   c o s t s ,   I n   s e r v i c e   o f   a c h i e v i n g   a   b a l a n c e d   e v a l u a t i o n ,   w e   w i l l   r e m o v e   t h e   u s e   o f   c o r r o s i o n   i n h i b i t o r s   f r o m   t h e   D W D   a n d   P M L   e s t i m a t e s .   W e   f e e l   s u f f i c i e n t   p o s t - t r e a t m e n t   w i l l   b e   a c h i e v e d   b y   t h e   c a l c i t e ,   c a r b o n   d i o x i d e ,   a n d   s o d i u m   h y d r o x i d e   s y s t e m s   i n c l u d e d   i n   a l l   t h r e e   p r o j e c t s   2 2   S u e   M c C l o u d   3 - 2   1 1 / 1 3 / 2 0 1 2   P a g e   3 - 2   s m a l l   m a t t e r   b u t   t h e   4 6   a c r e   p a r c e l   i s   a c c e s s e d   b y   a n   e a s e m e n t   f r o m   t h e   M o n t e r e y   R e g i o n a l   W a s t e   M a n a p e m e n t   D i s t r i c t .   .  N o t e d ,   w i l l   a m e n d   t h e   d e s c r i p t i o n .   2 3   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   F a l l   b a c k   f o r   C a l   A m ' s   s l a n t   w e l l s   w o u l d   b e   t h e   R a n n e y   w e l l   b u t   n o   i n d i c a t i o n   o f   c o s t   d i f f e r e n c e .   T h e   c o s t s   a r e   r o u g h l y   c o m p a r a b l e — w i l l   s o   s t a t e .   2 4   S u e   M c C l o u d   N A   1 1 1 1 3 / 2 0 1 2   D W O   i n t a k e   p i p e   c r o s s i n g   H i w a y   1 - w h a t   i s   i n v o l v e d   i n   u s i n g   e x i s t i n g   t u n n e l   a n d   w a s   t h i s   t a k e n   i n t o   t i m e   f a c t o r   f o r   n e c e s s a r y   p e r m i s s i o n s   Y e s ,   u s e   o f   t h e   D y n e g y   t u n n e l s   i s   s u b j e c t   t o   a   p e n d i n g   a g r e e m e n t   b e t w e e n   D V V D   a n d   D y n e g y .   T h e   c o s t s   w o u l d   b e   b o r n e   b y   o t h e r   e n t i t i e s   o u t s i d e   t h e   d e s a l i n a t i o n   f a c i l i t y .   E v a l u a t e d   c o s t s   f o r   D W D   r e p r e s e n t   t h e   t o t a l   c o s t   o f   t h e   f a c i l i t y   i n   p r o d u c t i o n   o f   w a t e r .   2 5   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   D V V D   r e f e r s   t o   p r o p r i e t a r y   s y s t e m s   o f   M L P P - h o w   w i l l   c o s t s   b e   o b t a i n e d   2 6   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   W a s   l a c k   o f   r e d u n d a n c y   f o r   p r o d u c t   s t o r a g e   f i g u r e d   i n   f o r s o m e   s u i t a b l e   t e m p o r a r y   s t o r a g e ?   A l l   s i t e s   h a v e   s u f f i c i e n t   s p a c e   t o   a c c o m m o d a t e   t e m p o r a r y   s t o r a g e   t a n k s .   N o   a d d i t i o n a l   c o s t s   w e r e   a s c r i b e d .   2 7   S u e   M c C l o u d   3 - 8   N A   1 1 / 1 3 / 2 0 1 2   1 1 / 1 3 / 2 0 1 2   W h e n   w i l l   a d d i t i o n a l   a n a l y s i s   t o   a s s e s s   t h e   v e r t i c a l   m i x i n g   z o n e   a t   t h e   i n t e r f a c e   o f   t h e   s u b m a r i n e   c a n y o n   b e   c o m p l e t e d   C o s t   o f   c o n s t r u c t i o n   w i t h   i n   t h e   f l o o d   p l a i n    S p r i n g   2 0 1 3 .   T h e   r e s u l t s   o f   t h e   D W D   i n t a k e   s t u d i e s   a r e   a n t i c i p a t e d   t o   b e   a v a i l a b l e   U n k n o w n ,   b u t   l i k e l y   n o t   s i g n i f i c a n t .   T h e   P M L   s i t e   i s   a n   a r e a   o f   t h e   f l o o d   p l a i n   t h a t   d o e s   n o t   r e q u i r e   f l o o d   i n s u r a n c e ,   s o   t h e   r i s k   i s   g a u g e d   t o   b e   l o w .   2 8   S u e   M c C l o u d   2 9   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   R e c o m m e n d a t i o n   f o r   p a r t i a l   s e c o n d   p a s s   R O   t r e a t m e n t   s y s t e m - c o s t   S e e   m o r e   d e t a i l e d   r e s p o n s e   a b o v e ,   b u t   i t   w a s   i n   s e r v i c e   o f   p r o v i d i n g   a   b a l a n c e d ,   a p p l e s   t o   a p p l e s   c o s t   e v a l u a t i o n   f o r   t h e   p u r p o s e s   o f   t h i s   r e p o r t .   3 0   S u e   M c C l o u d   3 - 1 1   1 1 / 1 3 / 2 0 1 2   S e v e r a l   u n k n o w n s   r e l a t i v e   t o t h e   o u t f a l l - c o s t s   a n d   t i m e   A g r e e d ,   t h o u g h   w e   f e e l - t h e   $ 3 . 0 M   c o s t   p r o v i d e d   b y   P M L   a s   d e s c r i b e d   a b o v e   a l o n g   w i t h   t h e   o v e r a l l   3 0 %   c o n t i n g e n c y   p r o v i d e   s u f f i c i e n t   c o n s e r v a t i s m   a t   t h i s   s t a g e   o f   p r o j e c t   d e v e l o p m e n t .   3 1   S u e   M c C l o u d   N A   1 1 / 1 3 / 2 0 1 2   W h a t   i s   p r o c e s s / c o s t   o f   r e t u r n i n g   g r o u n d w a t e r   t o   t h e   S a l i n a s   B a s i n   C o s t s   a r e   i n c l u d e d   i n   t h e   e v a l u a t i o n ;   a n d   a   p r i m a r y   r e a s o n   w h y   C a l   A m ' s   p l a n t   s i z e s   a r e   h i g h e r   i n   t h e   e v a l u a t i o n   t h a n   P M L   o r   D V V D .   T h e   c o s t s   i n c l u d e   p u m p i n g ,   t r e a t m e n t   a n d   r e t u r n   p u m p i n g   a n d   p i p i n g   s y s t e m s   t o   t h e   e x i s t i n g   C S I P _ p o n d s .   3 2   S u e   M c C l o u d   5 - 6   1 1 / 1 3 / 2 0 1 2   E c o n o m i c s - e v a l u a t e d - h o w   a n d   b y   S P I ?   P a g e   5 - 6   t o p   o f   p a g e   y o u   i n d e p e n d e n t l y   a d j u s t   c o s t s   a n d   d e v e l o p e d   y o u r   o w n   e s t i m a t e s - h o p e   s h a r e   s y s t e m s   w i t h   s o m e o n e .   C o s t   e s t i m a t e s   a r e   p a r t   o f   t h e   e n g i n e e r i n g   s e r v i c e s   w e   p r o v i d e .   A s   d e s c r i b e d ,   w e   p r i m a r i l y   l o o k e d   t o   v a l i d a t e   c o s t s   p r o v i d e d   b y   t h e   p r o p o n e n t s   b y   p r e p a r i n g   o u r   o w n   c o m p a n i o n   e s t i m a t e s .   T h e   p u r p o s e   o f   o u r   e s t i m a t e s   i s   t o   p r o v i d e   a   b a l a n c e d   c o m p a r i s o n   o f   t h e   t h r e e   p r o j e c t s   o n   a n   e q u i v a l e n t   b a s i s .   P a g e   4   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 148, Packet Page 174 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   •  •   C o m m e n t   B y   ,   P a g e   N o .   D a t e   o f   C o m m e n t   -   C o m m e n t s '   R e s p o n s e / A c t i o n ,    3 3   S u e   M c C l o u d   N A   1 1 / 1 8 / 2 0 1 2   I   a l s o   s t i l l   s i t   o n   t h e   b o a r d   o f   t h e   M o n t e r e y   R e g i o n a l   W a s t e   M a n a g e m e n t   D i s t r i c t   a n d   h a v e   r e c e n t l y   s t e p p e d   d o w n   a s   i t s   V i c e   C h a i r .   I t   i s   i n   t h a t   c a p a c i t y   t h a t   I   w a n t e d   t o   t a l k   t o   y o u .   S p e c i f i c a l l y   I   w a n t e d   t o   k n o w   w h a t   f i g u r e   a r e   y o u   u s i n g   f o r   e n e r g y   c o s t ?   A s   y o u   p e r h a p s   k n o w ,   t h e   D i s t r i c t   i s   p l a n n i n g   f o r   a   $ 2 0 M   p l u s   n e w   g e n e r a t o r   t o   I n c r e a s e   t h e   a m o u n t   o f   m e t h a n e   g a s   w e   c o n v e r t   i n t o   e n e r g y .   I t   j u s t   s o   h a p p e n s   t h a t   o u r   m o n t h l y   b o a r d   m e e t i n g   w a s   t h i s   p a s t   F r i d a y .   A t   t h i s   m e e t i n g   s t a f f   p r e s e n t e d   3   y e a r s   o f   r e v e n u e   i n f o   r e   t h e   u t i l i z a t i o n   o f   l a n d f i l l   g a s   w h i c h   c u r r e n t l y   p r o d u c e s   5   m e g a w a t t s   o f   r e n e w a b l e   e n e r g y ;   t h u s   s a v i n g   t h e   d i s t r i c t   a b o u t   $ 3 5 0 k   i n   d e f e r r e d   p o w e r   p u r c h a s e s   a n d   s e l l s   t h e   e x c e s s   o n   t h e   g r i d .   W e   p r e s e n t l y   h a v e   2   p o w e r   s a l e s   c o n t a c t s   w i t h   P G & E   a n d   3 P h a s e s   E n e r g y .   V V i l l l i a m   M e r r y   i s   t h e   G M   f o r   t h e   D i s t r i c t   a n d   a n   e n g i n e e r .   A s   I   u n d e r s t a n d   i t   y o u   t w o   h a v e   n o t   t a l k e d   a n d   I   t h i n k   p e r h a p s   y o u   s h o u l d   t o   c o m p a r e   t h e   c o s t   o f   D i s t r i c t   e n e r g y   ( w h i c h   I   w i l l   s e n d   o r   h a v e   s e n t   t o   b y   e m a i l )   w i t h   y o u r   c o s t   p r o j e c t i o n s .   W e   a r e   i n t e r e s t e d   i n   m a k i n g   t h i s   a s   g r e e n   a   p r o j e c t   a s   p o s s i b l e   a n d   I n   k e e p i n g   r e v e n u e s   l o c a l .   P r o p o n e n t s   a r e   i n c e n t i v i z e d   t o   p r o c u r e   t h e   l o w e s t   c o s t   o f   e n e r g y   f o r   t h e i r   p r o j e c t s .     3 4   D a l e   H e k h u i s   N A   1 1 / 1 3 / 2 0 1 2   F i r s t ,   t h e   e s t i m a t e s   f o r   C a l - A m ' s   c o s t   o f   d e s a l   w a t e r . a p p e a r   t o   b e   u n u s u a l l y   l o w   c o n s i d e r i n g   t h a t   C a l -   A m ' s   c a p i t a l   c o s t s   a r e   $ 4 7   m i l l i o n   h i g h e r   t h a n   t h o s e   o f   D e e p w a t e r .   F u r t h e r ,   I   c a n ' t   f i n d   p r o j e c t   m a n a g e m e n t   f e e s   a n d   C a l - A m ' s   p r o f i t s   f r o m   t h e   p r o j e c t   i n   t h e   c o s t   e s t i m a t e s .   F o r   i n f o r m a t i o n ,   C a l - A m ' s   p r o j e c t   m a n a g e m e n t   f e e s   a r e   $ 2 5 . 9   m i l l i o n   a n d   D e e p w a t e r ' s   a r e   $ 1 7 . 9   m i l l i o n .   D a v e   S t o l d t   t e l l s   m e   t h a t   C a l A m ' s   p r o f i t   l e v e l   w o u l d   b e   a p p r o x i m a t e l y   $ 8   m i l l i o n   d e c l i n i n g   b y   $ 2 5 0 , 0 0 0   e a c h   y e a r   d u e   t o   d e p r e c i a t i o n   o f   a s s e t s .   F i n a l l y ,   t h e r e   i s   a n   a s s u m p t i o n   i n   t h e   [ S P I 1   a n a l y s i s   t h a t   w a r r a n t s   c o m m e n t .   T h a t   a s s u m p t i o n   i s   t h a t   C a l - A n -i s   $ 9 9   m i l l i o n   p r o p o s a l   f o r   z e r o - c o s t ,   a d v a n c e d   f u n d i n g   o f   i t s   p r o j e c t ,   c o u r t e s y   o f   P e n i n s u l a   r a t e p a y e r s ,   w i l l   b e   o p e r a t i v e .   T h i s   i s   s u r p r i s i n g .   T h e   p r o p o s a l   i s   y e t   l o b e   a p p r o v e d   b y   t h e   C P U C   a n d   h a s   m a n y   d r a w b a c k s   f o r   r a t e p a y e r s .   A t   a   m i n i m u m ,   $ 9 9   m i l l i o n   i n   p r o j e c t   e q u i t y   f o r   r a t e p a y e r s   i s   m a n d a t o r y   i f   t h i s   p r o p o s a l   i s   t o   b e   a c c e p t a b l e ,   C a l   A m ' s   c o s t   o f   c a p i t a l   w i l l   b e   a m e n d e d   i n   t h e   f i n a l   r e p o r t   t o   r e f l e c t   t h e i r   h i g h e r   c o s t   o f   f i n a n c i n g   a n d   o v e r a l l   f i n a n c i a l   m o d e l .   T h i s   w i l l   b e   a c c o m p l i s h e d   b y   u s i n g   a   h i g h e r ,   r e p r e s e n t a t i v e   c a p i t a l   r e c o v e r y   f a c t o r   f o r   t h e i r   p r o j e c t .   W i t h   r e g a r d   t o   t h e   p r o p o s e d   s u r c h a r g e ,   w e   m a k e   n o   m e n t i o n   o f   i t   i n   t h e   r e p o r t   a s   i t   i s   o u t s i d e   t h e   s c o p e   o f   o u r   e v a l u a t i o n .   A l l   p r o p o n e n t s   a r e   g a u g e d   t o   h a v e   s u f f i c i e n t   c a p i t a l   t o   p u r s u e   t h e i r   p r o j e c t s   g o i n g   f o r w a r d — w e   m a k e   n o   r e p r e s e n t a t i o n   f u r t h e r   t h a n   t h a t .   T h e   s u r c h a r g e   i s   p a r t   o f   a n   a c t i v e   p r o c e s s   a t   t h e   C P U C   a n d   t h a t   i n f o r m a t i o n   i s   p u b l i c l y   a v a i l a b l e .   3 5   D a l e   H e k h u i s   N A   1 1 / 1 3 / 2 0 1 2   S e c o n d , C a l - A m   h a s   r e c e n t l y   a d v i s e d   t h a t   I t   i s   l o o k i n g   a t   a   h o s t   o f   c o n t i n g e n c i e s   f o r   s l a n t   w e l l s .   T h e s e   i n c l u d e :   ( 1 )   S h a l l o w e r   s l a n t   w e l l s ;   ( 2 )   H o r i z o n t a l   R a n n e y   w e l l s ;   ( 3 )   O p e n   o c e a n   I n t a k e   n e a r b y ;   ( 4 )   S l a n t   w e l l   a t   M o s s   L a n d i n g ;   ( 5 )   O p e n   o c e a n   i n t a k e   a t   M o s s   l a n d i n g ;   ( 6 )   L o c a t i n g   t h e   d e s a l   P l a n t   a t   M o s s   L a n d i n g .   A t   a   m i n i m u m ,   t h e s e   c o n t i n g e n c i e s   g i v e   r i s e   t o   u n c e r t a i n t y   a n d   r i s k   a s   t o   t h e   c o u r s e   o f   t h e   C a l -   A m   p r o j e c t .   Q u e s t i o n :   D i d   [ S P I ]   s o r t   t h r o u g h   t h e   p o t e n t i a l   c o n s e q u e n c e s   o f   i n v o k i n g   t h e s e   c o n t i n g e n c i e s   f o r   t h e i r   i m p a c t   o n   C a l - A m ' s   i m p l e m e n t a t i o n   s c h e d u l e ?   O u r   r e p o r t   r e f l e c t s   i n f o r m a t i o n   a v a i l a b l e   a s   o f   O c t o b e r   1 5 ,   2 0 1 2   f o r   t h e   t h r e e   p r o j e c t s .   T h e   C a l   A m   c o n t i n g e n c y   p l a n s   w e r e   i n   r e s p o n s e   t o   a n   o r d e r   f r o m   t h e   C P U C .   W e   c o n s i d e r   t h e   p o t e n t i a l   f o r   I m p l e m e n t a t i o n   o f   a n y   o f   t h e   p l a n s   o v e r l y   s p e c u l a t i v e   a t   t h i s   p o i n t .    P a r t   o f   t h e   r e a s o n   f o r   t h e   r e c o m m e n d e d   3 0 %   c o s t   c o n t i n g e n c y   i n c l u d e d   i n   o u r   e v a l u a t i o n   i s   t o   a c c o u n t   f o r   u n k n o w n s   o f   t h i s   n a t u r e .   3 6   D a l e   H e k h u i s   N A   1 1 / 1 3 1 2 0 1 2   T h i r d ,   t h e   e n v i r o n m e n t a l   i n f o r m a t i o n   t h a t   w o u l d   s u p p o r t   c r o s s   c o m p a r i s o n s   o f   t h e   I n t a k e / o u t f a l l   s y s t e m s   w a s n ' t   a v a i l a b l e   t o   [ S P I ] .   T h i s   i n f o r m a t i o n   w i l l   c o m e   f r o m   E I R s   c u r r e n t l y   u n d e r   p r e p a r a t i o n .   T h i s   i s   i m p o r t a n t   b e c a u s e   e n v i r o n m e n t a l   i m p a c t   i n f o r m a t i o n   w i l l   b e   a b s o l u t e l y   n e c e s a r y   i n   o r d e r   t o   e v a l u a t e   ( 1 )   T h e   i m p a c t   o n   s e a   l i f e ;   ( 2 )   T h e   i m p a c t   o n   t h e   s e a b e d   p a r t i c u l a r l y   f r o m   b r i n e   d i s p o s a l ;   ( 3 )   T h e   i m p a c t   o n   s e a   w a t e r   i n t r u s i o n .   Q u e s t i o n   1   :   W i l l   t h e s e   m a t t e r s   f a l l   b y   t h e   w a y s i d e   b e c a u s e   i t   i s   j u d g e d   t h a t   E I R   c o m p l e t i o n   t i m e s   a r e   t o o   f a r   i n t o   t h e   f u t u r e ?   Q u e s t i o n   2 :   W o u l d   t h i s   b e   a c c e p t a b l e   t o   p e r m i t t i n g   a u t h o r i t i e s ?   _   T e x t   h a s   b e e n   a d d e d   t o   t h e   r e p o r t   t o   c l a r i f y   t h e s e   p o i n t s .   D e t a i l e d   a s s e s s m e n t s   o f   p o t e n t i a l   i m p a c t s   o f   i n t a k e   a n d   d i s c h a r g e   a r e   c e n t r a l   t o   t h e   e n v i r o n m e n t a l   r e v i e w   o f   a l l   p r o j e c t s .   3 7   D a l e   H e k h u i s   N A   1 1 / 2 1 / 2 0 1 2   T h e   f i n a l   S P I   R e p o r t   s h o u l d   h a v e   a   l i s t i n g ,   a t t i r e   b e g i n n i n g   o f   t h e   r e p o r t ,   o f   t h e   k e y   a s s u m p t i o n s   u n d e r l y i n g   t h e   r e p o r t ' s   a n a l y s i s .   A n   e x a m p l e   o f   a   k e y   a s s u m p t i o n   m i g h t   b e   t h a t   C a l - A m   i s   e l i g i b l e   f o r   p u b l i c   f i n a n c i n g ,   A s s u m p t i o n s   a r e   p r i m a r i l y   s c h e d u l e   r e l a t e d   a n d   t h e s e   a r e   d e s c r i b e d   a d e q u a t e l y   i n   t h e   d i s c u s s i o n   o f   p r o p o n e n t   s c h e d u l e s .   C a l   A r n ' s   f i n a n c i n g   m o d e l   w i l l   b e   a d j U s t e d   a s   d e s c r i b e d   a b o v e .   3 8   D a l e   H e k h u i s   N A   1 1 / 2 1 / 2 0 1 2   S P I   s h o u l d   p r e p a r e   a   m e m o ,   f o r   i n c l u s i o n   i n   t h e   r e p o r t ,   l i s t i n g   a l l   c o s t s   t h a t   d r o p p e d   o u t   o f   t h e   t h e   c o s t   a n a l y s i s   b e c a u s e   t h e y   d i d   n o t   t i t   a n   a p p l e s   t o   a p p l e s   c o m p a r i s o n   f o r m a t .   S i m p l y   b e c a u s e   c o s t s   m a y   n o t   h a v e   t i t   t h e   f o r m a t   I s   n o   r e a s o n   t o   i g n o r e   t h e m .   A t   a   m i n i m u m ,   t h e   r e p o r t   r e a d e r   n e e d s   t o   k n o w   u p - f r o n t   w h a t   C a l - A m ' s   p r o f i t s   a r e .   R a t e p a y e r s   w i l l   b e   p a y i n g   f o r   t h e s e   p r o f i t s .   T h e   e c o n o m i c   e v a l u a t i o n   i n   t h e   r e p o r t   s e e k s   t o   p r e s e n t   t o t a l   c o s t s   o f   e a c h   p r o j e c t   f o r   p r o d u c t i o n   a n d   s u p p l y   o f   p o t a b l e   w a t e r   f r o m   a   s e a w a t e r   d e s a l i n a t i o n   f a c i l i t y   o n   a n   e q u i v a l e n t   b a s i s .   W e   a g r e e   t h a t   C a l   A m   h a s   a   d i f f e r e n t   c o s t   o f   c a p i t a l   a n d   w i l l   a m e n d   t h a t   e v a l u a t i o n   i n   t h e   f i n a l   r e p o r t .   3 9   D a l e   H e k h u i s   N A   1 1 / 2 1 / 2 0 1 2   W i t h   r e g a r d   t o   t h e   $ 9 9   m i l l i o n   o f   a d v a n c e   f u n d i n g ,   i t   s h o u l d   b e   m a d e   c l e a r   t h a t   i t   i s   o n l y   a   p r o p o s a l   t h a t   i s   y e t   l o b e   v e t t e d   b y   t h e   C P U C   a n d   t h e   D I R A .   T h e r e   m a y   b e   c h a n g e s   i n   w h a t   C a l - A m   h a s   a s k e d   f o r   i n   t h e   f i n a l   v e r s i o n .   I   f e e l   t h a t   i t ' s   i m p r o p e r   t o   u s e   a   p r o p o s a l ,   a n d   t h a t ' s   a l l   t h a t   a d v a n c e   f u n d i n g   i s ,   w i t h o u t   m a k i n g   i t   c l e a r   t o   t h e   r e a d e r   t h a t   i t   i s   a   p r o p o s a l .   T h e   s p e c i f i c s   o f   f u n d i n g   C a l   A m ' s   p r o j e c t   a r e   o u t s i d e   t h e   s c o p e   o f   o u r   e v a l u a t i o n ,   4 0   D a l e   H e k h u i s   N A   1 1 / 2 1 / 2 0 1 2   A s   m y   c o l l e a g u e   D o u g   W i l h e l m   h a s   r e c e n t l y   s u g g e s t e d ,   a n   e s t i m a t e   o f   t h e   a d d i t i o n a l   c o s t s   t h a t   c o u l d   b e   i n c u r r e d   b y   t h e   s l i p p a g e   o f   t h e   p r o j e c t   c o m p l e t i o n   s c h e d u l e s   t h a t   S P I   h a s   c o m e   u p   w i t h   -   a n y w h e r e   f r o m   8   m o n t h s   t o   a   y e a r   b e y o n d   t h e   d e a d l i n e   -   i s   i n   o r d e r .   J u s t   h o w   s e r i o u s   I s   t h e   s l i p p a g e   f r o m   a   c o s t   s t a n d p o i n t ?   T h a t   i s   w h a t   S P I   s h o u l d   b e   a s k e d   t o   c o m e   u p   w i t h ,   V V .   I l d l i .   d b b l y 1 1 . 1 1   d   U l l i l l 1 1 1 1 1   p E l q . l . . I   i i i i p w i l i e n t a t i u i l   , U b l   L U   d l l   L I   f l   C .   p r o j e c t s   i n   o u r   e v a l u a t i o n   t o   c o v e r   p r o j e c t   d e v e l o p m e n t   p r i o r   t o   c o n s t r u c t i o n .   W e   f e e l   t h i s   e s t i m a t e ,   a l o n g   w i t h   t h e   3 0 %   o v e r a l l   p r o j e c t   c o n t i n g e n c y ,   i s   s u f f i c i e n t   t o   a c c o u n t   f o r   t y p i c a l   d e l a y s   i n   p r o j e c t   d e v e l o p m e n t   f o r e c a s t   a t   t h i s   t i m e .   E v a l u a t i o n s   b e y o n d   t h a t   a r e   o u t s i d e   t h e   P a g e   5   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 149, Packet Page 175 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   N o   .  - . .   . .   C o m m e n t   B y ,   • P a g e   .   •   N o .   b .a t e . o f   :  C o m m e n t   C o m m e n t s    . . .    .  .   . . .   •  .  -   ' R e s p o n s e / A c t i o n   4 1   R o n   W e i t z m a n   N A   1 1 / 9 / 2 0 1 2   W h y   t h e   c a p i t a l   s t r u c t u r e   o f   5 7   e q u i t y   t o   4 3   d e b t   w h e n   t h e   c u r r e n t   c a p i t a l   s t r u c t u r e   i s   4 2   e q u i t y   t o   5 8   d e b t ?   T h e   d i s c u s s i o n   o f   C a l   A m ' s   f i n a n c i n g   s t r u c t u r e   w i l l   b e   a m e n d e d   i n   t h e   f i n a l   i p o r t .     T h e   d i s c u s s i o n   o f   C a l   A m ' s   f i n a n c i n g   s t r u c t u r e   w i l l   b e   a m e n d e d   i n   t h e   f i n a l   r e p o r t .   4 2   R o n   W e i t z m a n   N A   1 1 / 9 / 2 0 1 2   W h y   5 %   i n t e r e s t   r a t e   f o r   C a l   A m   w h e n   i t   c u r r e n t l y   c h a r g e s   r a t e p a y e r s   6 . 4 8 % 7   4 3   R o n   W e i t z m a n   N A   1 1 / 9 / 2 0 1 2   W h y   t h e   i n t e r e s t   r a t e   o f   4 %   t a r s   p u b l i c   a g e n c y   w h e n   i t   c o u l d   p r o b a b l y   g e t   3 . 5 %   o r   l e s s ,   a n d   i t   i s   a   l o t   m o r e   l i k e l y   t o   h a v e   a c c e s s   t o   s t a t e   r e v o l v i n g - f u n d   m o n e y   a t   2 . 5 %   t h a n   C a l   A m ?   T h e   d i s c u s s i o n   o f   C a l   A m ' s   f i n a n c i n g   s t r u c t u r e   w i l l   b e   a m e n d e d   i n   t h e   f i n a l   r e p o r t .   4 4   R o n   W e i t z m a n   N A   1 1 / 9 / 2 0 1 2   H o w   d o e s   t h e   $ 2 0 7   m i l l i o n   c o s t   f o r   C a l   A m ' s   9 , 0 0 0   a c r e - f o o t   p r o j e c t   I n   t h e   t a b l e   c o m p o r t   w i t h   t h e   $ 3 6 5   m i l l i o n   i n   C a l   A m ' s   p r o p o s a l   t o   t h e   C P U C ?   T h e   c o s t s   p r o v i d e d   t o   t h e   C P U C   i n c l u d e   a d d i t i o n a l ,   c o m m o n   d i s t r i b u t i o n   f a c i l i t i e s   w i t h i n   C a l   A m ' s   s y s t e m   t h a t   w e r e   n o t   i n c l u d e d   i n   t h e   p r o j e c t — a s   t h e y   a p p l y   e q u a l l y   t o   a l l   t h r e e .   F u r t h e r ,   t h e   C P U C   h a d   C a l   A m   i n c l u d e   a n   a d d i t i o n a l   c o n t i n g e n c y   i n   t h e i r   c o s t   e s t i m a t e   t o   a c h i e v e   a   " m a x i m u m   c r e d i b l e   c o s t "   f o r   p l a n n i n g   p u r p o s e s .   O u r   e v a l u a t i o n   c o n s i d e r e d   a l l   t h r e e   p r o j e c t s   w i t h   a   c o m m o n   3 0   p e r c e n t   c o n t i n g e n c y   a l o n e .   4 5   R o n   W e i t z m a n   N A   1 1 / 9 / 2 0 1 2   T h e   t i m e l i n e   i s   w h a t   t r o u b l e s   m e   m o s t .   T h e   S P I   r e p o r t   i s   b a s e d   o n   d a t a   a v a i l a b l e   i n   J u l y .   S i n c e   t h e n ,   C a l   A m ' s   p r o j e c t   h a s   b e e n   d e l a y e d   a t   l e a s t   a   y e a r ,   a n d   C a l   A m   m a y   e v e n   h a v e   t o   s t a r t   a l l   o v e r   b e c a u s e   o f   t h e   w a t e r r i g h t s   i s s u e .   T h e   P a c i f i c   G r o v e   p r o j e c t   i s   l i k e l y   t o   b e g i n   w o r k   o n   i t s   S I R   b e f o r e   t h e   e n d   o f   t h e   y e a r ,   n o t   y e a r s   o f f ,   a n d   s i n c e   J u l y   t h e   p r o j e c t   h a s   c h a n g e d   I t s   s e a w a t e r   i n t a k e   p l a n s   s o   i t   w i l l   n o t   r e q u i r e   s p e c i a l   p r e - p r o c e s s i n g   o f   t h e   i n t a k e   w a t e r .   P M L   p r o j e c t   t i m e l i n e   h a s   b e e n   c o r r e c t e d   f r o m   t h e   o r i g i n a l   r e p o r t .   H o w e v e r ,   t h e   t i m e l i n e   f o r   p r o j e c t   d e s c r i p t i o n   a n d   E I R / E I S   r e m a i n   g e n e r i c   b a s e d   u p o n   a s s u m e d   n e e d   f o r   d e t a i l e d   e v a l u a t i o n s   o f   p r o j e c t   i n t a k e   a n d   d i s c h a r g e   i m p a c t s .   T e x t   h a s   b e e n   a d d e d   t o   r e f l e c t   p o t e n t i a l   d e l a y s   i n   t h e   C a l A m   P r o j e c t   d u e   t o   d e l a y s   i n   t h e   t e s t   w e l l   p r o j e c t   b u t   t h e s e   h a v e   n o t   b e e n   f u l l y   a n a l y z e d .   D V V D   h a s   p r e s e n t e d   a n   u p d a t e d   p r o p o n e n t ' s   s c h e d u l e .   4 6   R o n   W e i t z m a n   N A   1 1 / 1 2 / 2 0 1 2   W h y   d o e s   t h e   C a l   A m   t o t a l   c a p i t a l   c o s t   f o r   t h e   9 , 0 0 0   a c r e - f o o t   p r o j e c t   i n   e a c h   o f   t h e   t w o   r e p o r t s   d i f f e r   s u b s t a n t i a l l y   f r o m   t h e   $ 3 6 5   m i l l i o n   i n   C a l   A m ' s   c p u c   p r o p o s a l ?   ( L i k e w i s e ,   f o r   t h e   5 , 5 0 0 ' p r o j e c t )   S e e   r e s p o n s e   a b o v e .   4 7   R o n   W e i t z m a n   N A   1 1 / 1 2 / 2 0 1 2   I n   c o m p a r i n g   " a p p l e s   t o   a p p l e s , "   w h y   d o e s   t h e   S P I   c o n s u l t a n t   l o a d   t h e   c o m p a r i s o n   I n   f a v o r   o f   t h e   C a l   A m   p r o j e c t   b y   a d d i n g   a   s e c o n d   p a s s - t h r o u g h   R D   t o   t h e   t w o   n o n - C a l   A m   p r o j e c t s   w h i l e   u s i n g   a   4 %   i n t e r e s t   r a t e   f o r   a l l   p r o j e c t s   ( T a b l e   E S - 2 )   w h e n   t h e   r a t e   i s   m u c h   l o w e r   f o r e   p u b l i c   t h a n   f o r   a   p r i v a t e   p r o j e c t ?   T h e   e v a l u a t i o n   o f   a l l   t h r e e   p r o j e c t s   o n   a n   e q u i v a l e n t   R D   t r e a t m e n t   b a s i s   d o e s   n o t   u n b a l a n c e   i t ;   r a t h e r   i t   b a l a n c e s   i t   i n   e v a l u a t i n g   a l l   t h r e e   p r o j e c t s   o n   a n   e q u i v a l e n t   b a s i s .   T h e   C a l   A m   f i n a n c i n g   m o d e l   w i l l   b e   a d j u s t e d   i n   t h e   f i n a l   r e p o r t .   4 8   R o n   W e i t z m a n   N A   1 1 / 1 2 / 2 0 1 2   W h y   d o e s   t h e   S P 1   c o n s u l t a n t   n o t   c o n s i d e r   t h a t   t h e   D e e p W a t e r   p r o j e c t   c a n n o t   o w n   o r   o p e r a t e   a   d e s a l i n a t i o n   p l a n t   i n   M o n t e r e y   C o u n t y   b e c a u s e   i t   h a s   n o   p u b l i c   p a r t n e r ?   D V V D   p l a n s   t o   e s t a b l i s h   a   J P A   c o m p o s e d   o f   p u b l i c   a g e n c i e s   t o   o w n   i t s   p r o j e c t .   W i l l   c l a r i f y   i n   t h e   f i n a l   r e p o r t .   4 9   R o n   W e i t z m a n   N A   1 1 / 1 2 / 2 0 1 2   W h y   d o e s   t h e   S P I   c o n s u l t a n t   n o t   t a k e   i n t o   a c c o u n t   t h e   s t a t e   A g e n c y   A c t ' s   p r o h i b i t i o n   o f   g r o u n d w a t e r   ( n o t   j u s t   f r e s h   w a t e r ,   b u t   a n y   g r o u n d w a t e r )   e x p o r t a t i o n   f r o m   t h e   S a l i n a s   V a l l e y   G r o u n d w a t e r   B a s i n ,   e x c e p t   f o r   F o r t   O r d ?   T h e s e   l a s t   t w o   i t e m s   a r e   f a t a l   f l a w s   f o r   t h e   D e e p W a t e r   a n d   C a l   A m   p r o j e c t s .   D V V D   d o e s   n o t   t o   o u r   k n o w l e d g e   e x t r a c t   g r o u n d w a t e r   a s   p a r t   o f   i t s   i n t a k e   s y s t e m .   F o r   C a l   A m ,   t h e   i s s u e   i s   b e i n g   v e t t e d   t h r o u g h   t h e   C P U C   p r o c e s s   a n d   i t ' s   c o n s i d e r e d   u n n e c e s s a r i l y   s p e c u l a t i v e   a t   t h i s   p o i n t   t o   p r e s u p p o s e   a n   o u t c o m e .   A s   a   g e n e r a l   r u l e ,   t h e   C P U C   a s   a   S t a t e   a g e n c y   h a s   b r o a d   a u t h o r i t y   t o   o v e r r u l e   o t h e r   a g e n c y   o r d i n a n c e s   i n   t h e   s e r v i c e   o f   e s t a b l i s h i n g   a   n e c e s s a r y   p u b l i c   w a t e r   s u p p l y .   5 0   P a u l   H a r t   5 - 4   1 1 / 1 4 / 2 0 1 2   ( i )   w o u l d   l i k e   t o   s e e   t h e   c a p i t a l   r e c o v e r y   f o r   C a l - A m   i n   T a b l e   5 - 2   r e f l e c t   a   h i g h e r   c o s t   o f   c a p i t a l ,   s u c h   a s   1 1 %   A   h i g h e r   c o s t   o f   c a p i t a l   f o r   C a l   A m   w i l l   b e   i n c l u d e d   i n   t h e   f i n a l   r e p o r t .   5 1   P a u l   H a r t   N A   1 1 / 1 4 / 2 0 1 2   ( i i )   b e l i e v e s   t h e r e   a r e   a d v a n t a g e s   t o   o w n e r s h i p   i n   t h a t   f u t u r e   l e a s e   c o s t s   a f t e r   t h e   t h i r t i e t h   y e a r   s h o u l d   b e   r e f l e c t e d   I n   o v e r a l l   c o s t   o f   p r o j e c t s   w h i c h   a s s u m e   l e a s e s ,   I n   t h a t   o w n e r s h i p   c o s t s   a r e   f u l l y   a m o r t i z e d   o v e r   t h i r t y   y e a r s ;   T h e   c o s t   e v a l u a t i o n   i n   t h e   r e p o r t   c o v e r s   a   3 0 - y e a r   t e r m .   C o s t s   b e y o n d   t h a t   a r e   o u t s i d e   t h e   s c o p e   o f   t h i s   e v a l u a t i o n .   5 2   P a u l   H a r t   1 1 / 1 4 / 2 0 1 2   ( i i i )   I f   C a l - A m   n e e d s   t o   a s s e r t   e m i n e n t   d o m a i n   t o   g a i n   s i t e   c o n t r o l ,   w h a t   w i l l   b e   t h e   i m p a c t   o n   c o s t ?   N o t   s i g n i f i c a n t .   C a t   A m   i s   c u r r e n t l y   o f f e r i n g   a s s e s s e d   c o s t s   f o r   t h e   p r o p e r t y ,   w h i c h   w o u l d   l i k e w i s e   b e   t h e   c o s t   o f   a n y   e m i n e n t   d o m a i n   5 3   P a u l   H a r t   5 - 8   1 1 / 1 4 / 2 0 1 2   ( i v )   D i d   n o t   f e e l   D W D   t h i r d   p a r t   i n t a k e   c o s t s   w e r e   a d e q u a t e l y   r e f l e c t e d .   T h e   c o s t s   w i l l   b e   b o r n   u n d e r   t h e   p r o p o s e d   p r o j e c t   s t r u c t u r e   b y   a   s e p a r a t e   e n t i t y .   T h a t   f a c t   i s   I n t e g r a l   t o   D V V D ' s   p r o p o s e d   p r o j e c t .   5 4   P a u l   H a r t   N A   1 1 / 1 4 / 2 0 1 2   ( v )   W a n t s   t o   b e   s u r e   t h e   a d d i t i o n a l   c a p i t a l   a n d   o p e r a t i n g   c o s t s   r e l a t e d   t o   e x t r a c t i o n ,   t r e a t m e n t ,   a n d   r e t u r n   o f   S a l i n a s   V a l l e y   g r o u n d w a t e r   a r e   f u l l y   i n c l u d e d   i n   t h e   c o s t s   o f   p o t a b l e   w a t e r   d e l i v e r e d .   C o s t s   a r e   i n c l u d e d   a s   d e s c r i b e d   a b o v e .   5 5   P a u l   H a r t   N A   1 1 / 1 4 / 2 0 1 2   ( v i )   W o u l d   l i k e   c l e a r e r   e x p l a n a t i o n   f o r   t h e   d i f f e r e n c e   i n   t i m e l i n e s   —   w h y   i s   t h e   P M L   s c h e d u l e   e x t e n d e d   f o r   a   d e t a i l e d   p r o j e c t   d e s c r i p t i o n ,   b u t   n o t   t h e   o t h e r   p r o j e c t s ?   T h e   t e x t   i s   r e v i s e d   t o   c l a r i f y   t h i s   p o i n t .   P e r i o d   f o r   p r o j e c t   d e s c r i p t i o n   i n c l u d e s   t i m e   f o r   e v a l u a t i o n   o f   i n t a k e   a n d   d i s c h a r g e   i m p a c t s   a s s o c i a t e d   w i t h   t h e   P M L   p r o j e c t .   I n   t h e   c a s e   o f   D V V D   a   s c h e d u l e   f o r   t h e s e   e v a l u a t i o n s   h a s   b e e n   p r e s e n t e d .   I n   t h e   c a s e   o f   C a l A m ,   t h e   p r o j e c t   r e l i e s   u p o n   p r i o r   d e t e r m i n a t i o n s   t h a t   t h e   p r o j e c t   w o u l d   h a v e   n o   s i g n i f i c a n t   i m p a c t s   f r o m   i n t a k e   o r   b d n e   d i s   o s a l   5 6   P a u l   H a r t   N A   1 1 / 1 4 / 2 0 1 2   ( v i i )   I f   D V V D   i s   a   l a r g e   r e g i o n a l   p r o j e c t ,   w i t h   l a r g e   u p f r o n t   f i x e d   c o s t s ,   a n d   t h e   D V V D   a n a l y s i s   a s s i g n s   o n l y   a   p e r c e n t a g e   o f   t h o s e   c o s t s ,   w h o   i s   p a y i n g   f o r   t h e   r e s t   a n d   w h a t   a r e   t h e   r i s k s   t h a t   s u c h   c o s t s   a r e   u l t i m a t e !   . a s s e d   o n t o   t h e   P e n i n s u l a   c u s t o m e r s ?   T h e   e x t e n t   o f   P h a s e   2   f a c i l i t i e s   i n s t a l l e d   d u r i n g   P h a s e   1   i s   l i m i t e d   a n d   a c c o u n t e d   f o r   i n   o u r   e v a l u a t i o n .   P a g e   6   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 150, Packet Page 176 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   .  .  • •   C o r p m e n t ' B y   P a g e .   .  ..  N o   ,  .  ,   , D a t e . o f C o m m e n t   m e     .     .  .  .   .  ,  .  C o m m e n t s   ' R e s p o n s e / A c t i   o n   .  5 7   N a d e r   A g h a   N A   1 1 / 1 4 / 2 0 1 2   E x p r e s s e d   c o n c e r n   t h a t   S P I   u s e d   d a t a   f r o m   P M L ' s   J u l y   s u b m i t t a l ,   b u t   s h o u l d   h a v e   u s e d   t h e   u p d a t e d   O c t o b e r   2 0 1 2   s u b m i t t a l .   O u r   e v a l u a t i o n   i n c l u d e d   a l l   i n f o r m a t i o n   p r o v i d e d   b y   P M L   u p   t o   O c t o b e r   1 5 ,   2 0 1 2 .   W e   a r e   n o t   a w a r e   o f   a n y   s p e c i f i c   i n c o n s i s t e n c i e s   w i t h   i n f o r m a t i o n   p r e s e n t e d   i n   t h e   d r a f t   r e p o r t .   5 8   N a d e r   A g h a   N A   1 1 / 1 4 / 2 0 1 2   A l s o   e x p r e s s e d   d i s a g r e e m e n t   w i t h   t h e   r e p o r t s   s c h e d u l e   a n d   b e l i e v e s   t h e   e n v i r o n m e n t a l   d o c u m e n t   p m L   h a s   p r o d u c e d ,   w h i c h   h e   r e f e r r e d   t o e s   a   " f o c u s e d   E I R " ,   w o u l d   e x p e d i t e   t h e   s c h e d u l e ,   B o t h   t h e   P M L   a n d   D W D   h a v e   s u g g e s t e d   a n   E I R / E I S   r e v i e w   s c h e d u l e   w h i c h   i s   p o t e n t i a l l y   s h o r t e r   t h a n   t h e   t i m e f r a m e   p r e s e n t e d   b y   t h e   C P U C .   T h e   r e p o r t   c o n t i n u e s   t o   p r e s e n t   a   g e n e r i c   s c h e d u l e   w h i c h   i s   l o n g e r   t h a n   s u g g e s t e d   b y   t h e   p r o j e c t   p r o p o n e n t s .   W e   d o   n o t   s e e   a d e q u a t e   r a t i o n a l e   t o   s u g g e s t   t h a t   t h e   E I R   f o r   P M L   o r   D V V D   c a n   b e   c o m p l e t e d   m o r e   q u i c k l y   t h a n   t h e   C a l A m   p r o p o s a l .     A l l   c o s t s   w e r e   e v a l u a t e d   o n   a   c o n s i s t e n t   b a s i s   a c r o s s   a l l   t h r e e   p r o j e c t s .   T h e   p r i m a r y   c o s t   i n c r e a s e   f o r   P M L   w a s   t h a t   a s s o c i a t e d   w i t h   a   h i g h e r   o v e r a l l   p r o j e c t   c o n t i n g e n c y ,   w h i c h   w e   c o n s i d e r   w a r r a n t e d   a t   t h i s   s t a g e   o f   d e v e l o p m e n t .   5 9   N a d e r   A g h a   N A   1 1 / 1 4 / 2 0 1 2   D i s a g r e e d   w i t h   t h e   c o s t   n u m b e r s   d e v e l o p e d   b y   S P I   a s   i n c o n s i s t e n t   w i t h   t h e   e s t i m a t e s   P M L   h a s   a l r e a d y   m a d e   6 0   G e o r g e   R i l e y   5 - 6 , 5 - 7   1 1 / 1 2 / 2 0 1 2   I n   t r y i n g   t o   u n d e r s t a n d   a   f e w   c h a r t s ,   I   r e p e a t e d   t h e   m a t h ,   b u t   f o u n d   e r r o r s .   T h i s   w i l l   n o t   r u i n   y o u r   d a y ,   b u t   t h e r e   a r e   s i g n i f i c a n t   m a t h   e r r o r s   o n   t w o   c h a r t s .   ( f o r   C a l   A m   a n d   D W D ,   n o t   P M L ) .   B o t h   t a l l i e s   r e l a t e   t o   t h e   s a m e   i t e m s ,   b u t   e r r o n e o u s l y .   C h a r t   5 - 3   C A W ,   a n d   c h a r t   5 - 5   D V V D .   I n   L i n e   8 ,   P l a n t   F a c i l i t i e s   ( P F )   S u b t o t a l   A l l   a r e   w r o n g   f o r   C A W   a n d   D V V D .   F o o t n o t e   2   r e f e r r e d   t o   e x c l u d i n g   ' o f f   s i t e   t r e n c h e d   p i p e l i n e s ' ,   w h i c h   a r e   I n t a k e / O u t f a l l   a n d   d i s t r i b u t i o n .   D e d u c t i n g   t h e   n u m b e r s   i n   t h e   c h a r t   d o e s   n o t   g i v e   y o u   t h e   s u b t o t a l s   s h o w n ,   T h e   s u b t o t a l   s e e m s   l i k e   a n   a t t e m p t   t o   i s o l a t e   s o m e   c o s t s   f o r   b e t t e r   u n d e r s t a n d i n g ,   b u t   t h e s e   s u b t o t a l s   a r e   n o t   u s e d   a n y   w h e r e   e l s e   i n   t h e   r e p o r t .   A t   l e a s t   I   c o u l d   n o t   f i n d   a n o t h e r   r e f e r e n c e .   M a y b e   t h e s e   s u b t o t a l s   h a v e   b e e n   u s e d   i n   f i n a n c i a l   m o d e l s   ( y o u r s ? ) ,   b u t t   d o u b t   i t .   T h a t   i s   w h y   I   t h i n k   i t   w i l l   n o t   r u i n   y o u r   d a y ,   o r   S P I   e i t h e r .   T h e   I n t a k e / O u t f a l l   c o s t   c a t e g o r y   i n   t h e   t a b l e   i n c l u d e s   f i x e d   f a c i l i t i e s   a s   w e l l ,   i n c l u d i n g   s t o r a g e   t a n k s   a n d   p u m p   s t a t i o n s .   W e   w i l l   a m e n d   t h e   t a b l e   t o   b r e a k   t h e   c o s t s   o u t   s e p a r a t e l y   s o   t h a t   c o s t s   w i t h i n   t h e   t a b l e   c a n   b e   c a l c u l a t e d   f r o m   t h e   i n f o r m a t i o n   s h o w n .   6 1   G e o r g e   R i l e y   N A   1 1 / 1 4 / 2 0 1 2   [ W a s ]   t h e   p e r i o d i c   r e p l a c e m e n t   o f   t h e   s l a n t   w e l l s   f a c t o r e d   i n t o   t h e   c o s t   a n a l y s i s   f o r   C a l A m ' s   p r o p o s e d   p r o j e c t ?   N o ,   t h o u g h   t h e   i s s u e   w i l l   b e   i n v e s t i g a t e d   i n   a   s u p p l e m e n t a l   e v a l u a t i o n   f o l l o w i n g   t h e   f i n a l   r e p o r t   d u e   i n   J a n u a r y   2 0 1 3 .   6 2   G e o r g e   R i l e y   N A   1 1 / 1 4 / 2 0 1 2   W h a t   i s   t h e   s t a t e   o f   o w n e r s h i p   a t   t h e   e n d   o f   t h e   3 0   y e a r   a n a l y s i s   p e r i o d   ( t e r m i n a l   y e a r )   a n d   c a n   t h a t   b e   f a c t o r e d   i n t o   t h e   a n a l y s i s ?   ( s i n c e   p r e s u m a b l y   a l l   o f   t h e   p l a n t s   o p e r a t e   f o r   l o n g e r   t h a n   3 0   y e a r s )   T h e   c o s t   e v a l u a t i o n   i n c l u d e d   a   3 0 - y e a r   t e r m   f o r   t h e   p u r p o s e s   o f   t h e   r e p o r t .   P r e s u m a b l y   l e a s e   p a y m e n t s   f o r   D V V D   w o u l d   c o n t i n u e   p a s t   t h a t   t i m e .   6 3   G e o r g e   R i l e y   N A   1 1 / 1 4 / 2 0 1 2   ( i )   W h e r e   i s   e a c h   p r o j e c t   i n   t e r m s   o f   s i t e   c o n t r o l   a n d   d o e s   i t   i n t r o d u c e   m o r e   v a r i a b i l i t y   t h a n   r e f l e c t e d   i n   t h e   r e p o r t ?   S i t e   a c q u i s i t i o n   i s   n o t   c o n s i d e r e d   a   s i g n i f i c a n t   b a r r i e r   t o   a n y   o f   t h e   c a n d i d a t e   p r o j e c t s .     T h e   C P U C   h a s   s o l i c i t e d   I n p u t   i n   t h e   s o a p i n g   h e a r i n g s   t o   d e t e r m i n e   i r   a   F e d e r a l   E I S   I s   r e q u i r e d .   D e p e n d i n g   u p o n   t h e   a p p r o a c h   t o   c o m p l i a n c e ,   a n   E I S   c o u l d   a d d   4   m o n t h s   t o   u p   t o   t w o   y e a r s   t o   t h e   s c h e d u l e .   T e e t h e s   b e e n   r e v i s e d   t o   n o t e   t h i s   u n c e r t a i n   6 4   G e o r g e   R i l e y   N A   1 1 / 1 4 / 2 0 1 2   ( i i )   W i l l   a n   E I S   ( f e d e r a l   r e v i e w )   b e   r e q u i r e d   o f   C a l - A m   a n d   w h a t   e f f e c t   w o u l d   i t   h a v e   o n   t h e   C a l - A m   s c h e d u l e ?   6 5   G e o r g e   R i l e y   N A   1 1 / 1 4 / 2 0 1 2   ( i i i )   T h e   p r o p r i e t a r y   i n t a k e   i s   a n   u n k n o w n   — w h e n   w i l l   m o r e   i n f o r m a t i o n   b e c o m e   a v a i l a b l e   a n d   w h a t   i m p a c t   w i l l   i t   h a v e   o n   t h e   a n a l y s i s ?   T h e   s e a w a t e r   I n t a k e   i s   n o t   p r o p r i e t a r y ,   b u t   r a t h e r   t h e   w a r m i n g   s y s t e m .   I n f o r m a t i o n   w i l l   b e   a v a i l a b l e   o n c e   a g r e e m e n t s   h a v e   b e e n   f i n a l i z e d   b e t w e e n   D W D   a n d   D y n e g y ,   p r e s u m a b l y   i n   t h e   n e x t   t w o   m o n t h s .     Y e s ,   f o r   t h e   C a l   A m   p r o j e c t .   6 6   G e o r g e   R i l e y   N A   1 1 / 1 4 / 2 0 1 2   ( i v )   I s   t h e   a d d i t i o n a l   c a p i t a l   a n d   o p e r a t i n g   c o s t s   r e l a t e d   t o   e x t r a c t i o n ,   t r e a t m e n t ,   a n d   r e t u r n   o f   S a l i n a s   V a l l e y   g r o u n d w a t e r   a r e   f u l l y   i n c l u d e d   i n   t h e   c o s t s   o f   p o t a b l e   w a t e r   d e l i v e r e d ?   6 7   G e o r g e   R i l e y   N A   1 1 / 1 4 / 2 0 1 2   ( v )   i t   a p p e a r s   t h e r e   a r e   s e v e r a l   i t e m s   i n   t h e   C a l - A m   s c h e d u l e   b e i n g   p e r f o r m e d   s i m u l t a n e o u s l y — c a n   m o r e   t a s k s   b e   d o n e   I n   p a r a l l e l   t o   s h o r t e n   t h e   o t h e r   p r o j e c t s '   s c h e d u l e s ?   T h e   P M L   S c h e d u l e   h a s   b e e n   r e v i s e d   i n   t h e   t e x t .   D V V D   h a s   s h o w n   a   p r o p o n e n r s   p r o p o s e d   s c h e d u l e   w h i c h   I s   s u b s t a n t i a l l y   s h o r t e r   t h a n   s h o w n   i n   t h e   o r i g i n a l   d r a f t .   T h e   T e x t   c o m m e n t s   o n   t h i s   c h a n g e   6 8   G e o r g e   R i l e y   N A   1 1 / 2 2 1 2 0 1 2   P r o f i t   i n c l u d e d   a s   a   c o s t :   A p p l e s   t o   a p p l e s   i s   i n c o m p l e t e   w i t h o u t   s o m e   c o m p o n e n t   ( o r   c o m m e n t )   a b o u t   p r o f i t .   C a l   A m   w i l l   n o t   u n d e r t a k e   a   p r o j e c t   w i t h o u t   a   p r o f i t   c o m p o n e n t .    I   a s k e d   D V V D   ( 2   p e o p l e )   i f   t h e r e   w a s   p r o f i t   b u i l t   I n t o   i t s   n u m b e r s ,   a n d   t h e   a n s w e r s   w e r e   y e s .   S P I   e x p a n d e d   t h o s e   n u m b e r s ,   s o   i f   p r o f i t   w a s   a l r e a d y   b u i l t   i n ,   y o u   e x p a n d e d   p r o f i t   a s   w e l l ,   N o t   a p p l e s   t o   a p p l e s .   I   a l s o   a s k e d   N a d e r   A g h a   i f   p r o f i t   w a s   b u i l t   i n t o   P M L   n u m b e r s .   H e   s a i d   n o ,   s i n c e   m o s t   o f   h i s   a s s e t   s a l e   n u m b e r s   w e r e   b a s e d   o n   d e p r e c i a t e d   o r   d i s c o u n t e d   v a l u e s ,   a n d   h e   d o e s   n o t   s e e k   t o   m a k e   a   p r o f i t   o n   t h e   d e s a l   p r o j e c t .   S i n c e   t h i s   i s   n o t   e a s y   f o r   a p p l e s   t o   a p p l e s ,   I   h a v e   t h e s e   q u e s t i o n s :   a )   C a n   y o u   g e n e r a t e   a n   a p p l e s   t o   a p p l e s   f o r   a n   e s t i m a t e d   c a s t   c o m p o n e n t   f o r   p r o f i t ?   b )   I f   p r o f i t   i s   b u i l t   i n   f o r   D V V D ,   s h o u l d   y o u   e x c l u d e   i t   f r o m   D V V D ,   o r   a d d   i t   t o   C a l   A m ?   c )   C o u l d   y o u   v e r i f y   i f   p r o f i t   i s   i n   t h e   P M L   p r o j e c t   a t   a l l ,   a n d   i f   s o   h o w ,   a n d   i f   y e s ,   h o w   d o   y o u   p r e s e n t   i t ?   C a l   A m ' s   c o s t   o f   f i n a n c i n g   w i l l   b e   a d j u s t e d   t o   i n c o r p o r a t e   t h e i r   c o s t s ,   i n c l u d i n g   p r o f i t s .   D V V D   I n c l u d e d   t h e i r   p r o f i t   i n   t h e   O & M   c o s t   c a t e g o r y   l a b e l e d   " O t h e r   P r o p o n e n t   E x p e n s e s " .   T h e   c o s t   o f   P M L ' s   s i t e   w a s   i n c l u d e d   a s   $ 2 5 M   f r o m   t h e i r   s u p p l i e d   d o c u m e n t a t i o n .   P a g e   7   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 151, Packet Page 177 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   .  ,  ..  • P a g e   N o .   '  , D a t e   o f   '   ' C o h l r i l l e n t .   : C o . . t h r m l P r i t s   R e s P o n s e f A c t i o n   6 9   G e o r g e   R i l e y   N A   1 1 / 2 2 / 2 0 1 2   P r o f i t   e x c l u d e d   a s   c o s t :   I f   p r o f i t   i s   n o t   t o   b e   i n   y o u r   c o m p a r i s o n s ,   i t   s h o u l d   b e   s p e c i f i c a l l y   c o m m e n t e d   o n   a s   n e e d i n g   f u r t h e r   e v a l u a t i o n .   C a l   A m   w i l l   u n d e r g o   a   d e e p   r e v i e w   b y   D i v i s i o n   o f   R a t e p a y e r s   A d v o c a t e s   i n   C P U C   p r o c e d u r e s .   T h e r e   i s   n o   c o m p a r a b l e   d e e p   r e v i e w   f o r   D V V D   o r   P M L ,   u n l e s s   i t   o c c u r s   b y   l o c a l   a g e n c i e s .   S o   p r o f i t   h a s   t w o   t r a c k s   f o r   r e v i e w ,   a n d   s h o u l d   n o t   b e   t r e a t e d   c a s u a l l y .   I t   w i l l   b e   a   k n o w n   c o m p o n e n t   o f   C a l   A m   c o s t s ,   a n d   s o   f a r   i s   r e l a t i v e l y   u n k n o w n   f o r   D V V I D   a n d   P M L .   W i l l   y o u   s u g g e s t   a   p r o c e d u r e   f o r   e v a l u a t i n g   c o s t s   f o r   p r o f i t ,   o r   a   w a y   t o   a d d r e s s   p r o f i t   a n d p t h e r   v a r i a b l e   c o s t s   t h a t   S P I   e x c l u d e s   f r o m   i t s   r e p o r t ?   S e e   r e s p o n s e   a b o v e .   7 0   G e o r g e   R i l e y   N A   1 1 / 2 2 1 2 0 1 2   S c h e d u l e   q u e s t i o n   # 1 .   Y o u   h a v e   i n d i c a t e d   y o u   w i l l   r e v i e w   t h e s e   a g a i n .   I  p o i n t   o u t   o n e   i t e m — C a l   A m   h a s   s e v e r a l   p a r a l l e l   t r a c k s   i n   i t s   s c h e d u l e — E I R ,   C P C N   a n d   s l a n t   w e l l   t e s t i n g .   T h e s e   a r e   e x p e c t e d   t o   m e r g e   a t   l a t e r   d a t e s .   O n   t h e   o t h e r   h a n d ,   D V V D   a n d   P M L   h a v e   s e q u e n t i a l   l i n e a r   t r a c k s ,   w h e r e   s i m i l a r   s t e p s   a r e   n o t   r u n   i n   p a r a l l e l .   O f   c o u r s e   y o u r   s c h e d u l e   l a y o u t   h a s   m o r e   t i m e   f o r   t h e   t w o   a t   M L ,   a n d   m u c h   l e s s   l i m e   f o r   C a l   A m .   Y o u r   r e c o m m e n d e d   t r a c k   i s   l i n e a r   y e t   y o u   m a k e   n o   a c k n o w l e d g e m e n t   o f   t h e   h i g h e r   r i s k   o f   C a l   A m ' s   s e q u e n t i a l   t r a c k s ,   i . e . ,   t h e   p o t e n t i a l   f o r   l i t i g a t i o n   f o r   p r o c e d u r a l   g r o u n d s .   P o t e n t i a l   l i t i g a t i o n   b a s e d   o n   i n a d e q u a t e   t i m e   o r   c o n s i d e r a t i o n   o f   r e l a t e d   m a t t e r s   w i l l   b e   a   s i g n i f i c a n t   r i s k .   Y o u   s h o u l d   f u l l y   a c k n o w l e d g e   t h e s e   d i f f e r e n c e s ,   u n l e s s   y o u   i n t e n d   t o   c o r r e c t   f o r   t h e m .   C a l i v n   h a s   p r e s e n t e d   a   r e v i s e d   s c h e d u l e   f o r   t h e   p r o j e c t .   T h i s   h a s   n o t   b e e n   f u l l y   a n a l y z e d   b u t   t e x t   h a s   b e e n   a d d e d   t o   n o t e   t h e   s c h e d u l e   r i s k s   a s s o c i a t e d   w i t h   d e l a y   o f   t h e   t e s t   w e l l s .   D V V D   h a s   p r e s e n t e d   a   p r o p o n e n t ' s   s c h e d u l e   w h i c h   s u b s t a n t i a l l y   s h o r t e n s   t h e   p r o j e c t   s c h e d u l e   a n d   t h i s   i s   c o m m e n t e d   u p o n .   P M L   s c h e d u l e   h a s   b e e n   c o r r e c t e d   7 1   G e o r g e   R i l e y   N A   1 1 / 2 2 1 2 0 1 2   S c h e d u l e   q u e s t i o n   # 2 .   S e c t i o n   6 . 3 . 1   o n   P M L ,   S P I   r e f e r s   t o   a n   e x i s t i n g   N P D E S   p e r m i t   a n d   a   f i n d i n g   b y   R W Q C B   t h a t   " u s e   o f   u p   t o   6 0   M G D   o f   s e a w a t e r   t h r o u g h   t h e   e x i s t i n g   i n t a k e   s t r u c t u r e   i n   M o s s   L a n d i n g   H a r b o r   w o u l d   h a v e   n e g l i g i b l e   p o t e n t i a l   i m p i n g e m e n t   a n d   e n t r a i n m e n t   i m p a c t s . "   S P I   o b s e r v e s   t h e s e   f a c t s ,   y e t   c o n c l u d e s   t h a t   P M L   s c h e d u l e   w i l l   r e q u i r e   d e e p e r   a n a l y s i s   ( a n d   d e l a y )   b e c a u s e   o f   s p e c u l a t i v e   c o m p a r i s o n s   t o   a   " n o - p r o j e c t   a l t e r n a t i v e " .   F u r t h e r m o r e   P M L   h a s   a n   a l t e r n a t i v e   i n t a k e   o p t i o n   u s i n g   i t s   l a r g e   5 4   t o   6 0 "   d i s c h a r g e   p i p e   f o r   i n s e r t i n g   a   n e w   i n t a k e   p i p e .   C a n   S P I   r e c o n s i d e r   i t s   c o n c l u s i o n s   o n   t h e   P M L   s c h e d u l e   w i t h   a   g r e a t e r   r e l i a n c e   o n   t h e   f a c t s ?   T h e   r e p o r t   d u l y   n o t e s   t h a t   i t   i s   p o s s i b l e   t h a t   P M L   c a n   c e r t i f y   a n   E I R   w i t h o u t     a n a l y s i s   o f   t h e   e f f e c t s   o f   o p e r a t i o n   o f   t h e   i n t a k e   w i t h o u t   d e t a i l e d   a   d e t a i l e d   a n a l   •y   e v a l u a t i o n s   o f   t h e   e f f e c t   u p o n   t h e   m a r i n e   e n v i r o n m e n t .   T h e   s c h e d u l e   i n   t h e   r e p o r t   h a s   n o t   b e e n   r e v i s e d .   B a s e d   u p o n   e x p e r i e n c e   w i t h   o t h e r   o c e a n   d e s a l i n a t i o n   p r o p o s a l s   i n   C a l i f o r n i a ,   i t   i s   p r e s u m e d   t h a t   s u b s t a n t i a l   e v a l u a t i o n s   o f   t h i s   p o t e n t i a l   i m p a c t   w o u l d   u l t i m a t e l y   b e   r e q u i r e d .   7 2   G e o r g e   R i l e y   N A   1 1 / 2 2 / 2 0 1 2   C o m p a r i n g   " e x i s t i n g   i n f r a s t r u c t u r e   a n d   e n t i t l e m e n t   ( P M L )   t o   ' ' d e s i g n   a n d   b u i l d "   ( C a l   A m   a n d   D W D ) .   S P I   h a s   m a d e   n o   a n a l y s i s   o f   t h e   d i f f e r e n t   s c h e d u l e   i m p a c t s   b e t w e e n   t w o   p r o j e c t s   ( C a l   A m   a n d   D W D )   t h a t   h a v e   n o   o r   l i m i t e d   s i t e   c o n t r o l ,   n o   p e r m i t   h i s t o r y   f o r   i n t a k e   a n d / o r   d i s c h a r g e ,   a n d   n o   e n t i t l e m e n t s   f o r   t h o s e   p e r m i t s .   W h e r e a s   P M L   h a s   a l l   o f   t h e   a b o v e ,   w h i c h   c o u l d   b e   p o s i t i v e   e l e m e n t s   f o r   e x p e d i t i n g   t h e   s c h e d u l e   C a n   S P I   c o m m e n t   o n   t h i s ?   S i t e   c o n t r o l   i s   a n   a d v a n t a g e   t o   P M L   a n d   t h e   t e x t   h a s   b e e n   r e v i s e d   o n   t h e   o t h e r   p r o j e c t s   t o   n o t e   t h e   r i s k s   a s s o c i a t e d   w i t h   t h i s   i s s u e .   P e r m i t   h i s t o r y   h a s   n o t   b e e n   c o n s i d e r e d   a   f a c t o r .   T h e   p o t e n t i a l   e n t i t l e m e n t   o f   p r i o r   p e r mr Y    i l s   i s   n o t e d   i n   t h e   o r i g i n a l   t e x t   a n d   h a s   n o t   b e e n   r e v i s e d .   7 3   J o h n   N a r i g i   N A   1 1 / 1 4 / 2 0 1 2   ( i )   S l a n t   w e l l s   a p p e a r   t o   b e   a   l a r g e   c o s t   c o m p o n e n t   — i s   i t   w o r t h   i t   r e l a t i v e   t o   t h e   u s e   o f   R a n n e y   w e l l s ?   T h e   c o s t s   a r e   c o m p a r a b l e .   7 4   J o h n   N a r i g i   N A   1 1 / 1 4 / 2 0 1 2   ( i i )   W h a t   w o u l d   b e   t h e   d i f f e r e n c e   i n   c o s t ?   N o t   s i g n i f i c a n t ;   p o t e n t i a l l y   s l i g h t l y   l e s s   f o r   t h e   R a n n e y   a l t e r n a t i v e   d u e   t o   r e d u c e d   c o n n e c t i n g   p i p i n g   r e q u i r e m e n t s .   7 5   J o h n   N a r i g i   N A   1 1 / 1 4 / 2 0 1 2   ( i i i )   W h e r e   i s   e a c h   p r o j e c t   i n   t h e   s c h e d u l e   r i g h t   n o w ?   A s   p r e s e n t e d ,   b e g i n n i n g   i n   O c t o b e r   2 0 1 2 .   7 6   J o h n   N a r i g i   N A   1 1 / 1 4 / 2 0 1 2   ( i v )   I s   t h e   o p e r a t i n g   a s s u m p t i o n   o f   r u n n i n g   t h e   C a l - A m   f a c i l i t y   a t   9 8 %   c a p a c i t y   r e a l i s t i c   o r   s e n s i b l e   —   s h o u l d   c a p a c i t y   b e   l a r g e r ?   W e   c o n s i d e r   i t   r e a s o n a b l e   b a s e d   o n   t h e   l e v e l   o f   e q u i p m e n t   r e d u n d a n c y   p r o p o s e d .   A t   b a s e   h o w e v e r ,   o u r   e v a l u a t i o n   d i d   n o t   c o n s i d e r   p l a n t   s i z i n g ;   r a t h e r   w e   s o u g h t   t o   u s e   c o n s i s t e n t   s i z i n g / r e d u n d a n c y   c r i t e r i a   a c r o s s   t h e   t h r e e   p r o j e c t s   t o   p r o v i d e   a   b a l a n c e d   c o s t   e v a l u a t i o n .   U l t i m a t e l y ,   p l a n t   c a p a c i t y   i s   a n   i s s u e   f o r   t h e   C P U C   a n d   p r o j e c t   p r o p o n e n t s .   7 7   J o h n   N a r i g i   N A   1 1 / 1 4 / 2 0 1 2   ( v )   W h a t   i s   t h e   s c h e d u l e   f o r   s l a n t   w e l l   t e s t i n g   a n d   C o a s t a l   C o m m i s s i o n   a p p r o v a l ,   a n d   d o e s   t h e   C a l - A m   s c h e d u l e   a d e q u a t e l y   r e f l e c t   i t ?   T h e   s c h e d u l e   w i l l   b e   u p d a t e d   t o   r e f l e c t   t h e   n e w   d a t e ,   c u r r e n t l y   f o r e c a s t   a s   N o v .   2 0 1 3 ,   i n   a   s u p p l e m e n t a l   r e p o r t   d u e   i n   J a n u a r y   2 0 1 3 .   7 8   J o h n   N a r i g i   N A   1 1 / 1 4 / 2 0 1 2   ( v i )   W h a t   I m p a c t   w i l l   t h e   g r o u n d w a t e r   r e p l e n i s h m e n t   C E Q A   d e l a y   h a v e   o n   t h e   o v e r a l l   C a l - A m   C P U C   a p p l i c a t i o n   a n d   s c h e d u l e ?   T h e   p r o j e c t   E R   f o r   C a l A m   i s   p r e s u m e d   t o   c o v e r   t h e   l a r g e r   s i z e   p r o j e c t   t h a t   d o e s   n o t   d e p e n d   u p o n   g r o u n d w a t e r   r e p l e n i s h m e n t   p r o j e c t   m o v i n g   f o r w a r d .   T h i s   c o n s i d e r a t i o n   o f   m a x i m u m   p o t e n t i a l   i m p a c t s   i s   a p p r o p r i a t e   a n d   s h o u l d   p r e v e n t   s u b s t a n t i a l   d e l a y s   f r o m   o c c u r r i n g   s h o u l d   t h e   g r o u n d w a t e r   r e p l e n i s h m e n t   p r o j e c t   b e   a b o r t e d   o r   d e l a y e d .   7 9   J o h n   N a r i g i   N A   1 1 / 1 4 / 2 0 1 2   ( v i i )   W h a t   w o u l d   t h e   t w o   M o s s   L a n d i n g   p r o j e c t s   c h a r g e   C a l - A m   a s   t h e   w h o l e s a l e   c o s t   o f   w a t e r   —   h o w   i s   t h a t   t o   b e   d e t e r m i n e d ?   T h e   s t r u c t u r e   o f   a   f u t u r e   w a t e r   s u p p l y   a g r e e m e n t   a m o n g   t h e   p a r t i e s   i s   o u t s i d e   t h e   s c o p e   o f   o u r   e v a l u a t i o n .   8 0   J o h n   N a r i g i   N A   1 1 / 1 4 / 2 0 1 2   ( v i i i )   W h a t   a r e   t h e   c o s t   a n d   s c h e d u l e   i s s u e s ,   i f   P M L   i n f r a s t r u c t u r e   I s   d e t e r m i n e d   t o   b e   i n   w o r s e   c o n d i t i o n   t h a n   d e s c r i b e d ?   T h e   m a j o r   s c h e d u l e   d r i v e r s   r e l a t e   t o   e n v i r o n m e n t a l   a n d   p e r m i t t i n g   i s s u e s .   P r e s u m a b l y   a   m o r e   d e t a i l e d   a s s e s s m e n t   o f   c u r r e n t   i n f r a s t r u c t u r e   c o n d i t i o n   w o u l d   b e   u n d e r t a k e n   a s   p a r t   o f   t h e   p r e d e s i g n   p r o c e s s .   T h e r e   I s   s u f f i c i e n t   t i m e   w i t h i n   t h e   p r o p o s e d   c o n s t r u c t i o n   s c h e d u l e   t o   a c c o m m o d a t e   r e h a b i l i t a t i o n   o f   f a c i l i t i e s   a s   n e e d e d .   P a g e   8   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 152, Packet Page 178 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   N o .   C o m M e n t *   ••  -   -   ..  - . . ,   •  '  '   P a g e   N o :   D a t e   o f   , C o m m e n t   •  C o m m e n t s   R e s p o n s e / A c t i o n   8 1   R i c k   R i e d e l   N A   1 1 / 1 4 / 2 0 1 2   ( i )   t h e   w a t e r   q u a l i t y   o f   e a c h   p r o p o s e d   p r o j e c t   a p p e a r s   t o   v a r y ,   a s   d e s c r i b e d   i n   c h a p t e r   4   —   i s   t h e r e   a   c o m m o n   s t a n d a r d ,   a n d   d o e s   t h e   f i n a n c i a l   a n a l y s i s   b r i n g   t h e m   t o   t h e   c o m m o n   s t a n d a r d ?   T h e   I n f o r m a t i o n   p r o v i d e d   i n   C h a p t e r   4   s u m m a r i z e s   t h e   q u a l i t y   p r o d u c e d   b y   t h e   p r o p o n e n t s   p r o p o s e d   s y s t e m s .   I n   o u r   c o s t   e v a l u a t i o n ,   w e   a s s u m e d   e a c h   t r e a t m e n t   f a c i l i t y   w o u l d   p r o d u c e   a   c o n s i s t e n t   q i i a l i t y   o f   w a t e r ,   a n d   a m e n d e d   p r o p o n e n t   c o s t s   a c c o r d i n g l y .   8 2   R i c k   R i e d e l   N A   1 1 / 1 4 / 2 0 1 2   ( i i )   W e   s h o u l d   b e   r e m i n d e d   t h a t   t h e   " f a t a l   f l a w "   s e c t i o n s   a r e   t e c h n i c a l   i n   n a t u r e ,   n o t   l e g a l   a n d / o r   p o l i t i c a l ,   w h i c h   d o   p o s e   s i g n i f i c a n t   r i s k   A g r e e d ,   w i l l   u p d a t e   t e x t ,   8 3   R i c k   R i e d e l   N A   1 1 / 1 4 / 2 0 1 2   ( i i i )   D o e s   t h e   a n a l y s i s   a d e q u a t e l y   a d d r e s s   w h e t h e r   s u f f i c i e n t   d i s p e r s i o n   o f   b r i n e   d i s c h a r g e   c a n   b e   a c h i e v e d ,   a n d   I f   n o t ,   w h a t   i s   t h e   i n c r e m e n t a l   c o s t   t o   d o   s o ?   B r i n e   d i s p e r s i o n   w a s   n o t   i n c l u d e d   i n   t h e   e v a l u a t i o n ,   b e y o n d   a   r e v i e w   o f   t h e   T r u s s e l l   T e c h n o l o g i e s   I n c .   i n v e s t i g a t i o n   w h i c h   w e   f o u n d   c r e d i b l e   a t   t h i s   s t a g e .   P r e s u m a b l e   t h e   i s s u e   w i l l   b e   I n v e s t i g a t e d   f u r t h e r   a s   t h e   p r o j e c t   p r e d e s i g n   a n d   p e r m i t t i n g   p r o c e s s e s   a d v a n c e .   W e   d o   n o t   c o n s i d e r   i t   a   l a r g e   t e c h n i c a l   c o n c e r n .   8 4   R i c k   R i e d e l   N A   1 1 / 1 4 / 2 0 1 2   C h a n g e   s t a t e m e n t s   t o   "   . . .   n o   [ t e c h n i c a l ]   f a t a l   f l a w s   w e r e   f o u n d   . . .   A g r e e d .   8 5   R i c k   R i e d e l   N A   1 1 1 1 4 / 2 0 1 2   A d d   " L e g a l   a n d   f i n a n c i a l   c o n s i d e r a t i o n s ,   s u c h   a s   w a t e r   r i g h t s   a n d   p a y m e n t   s c h e d u l e s   ( s u c h   a s   S u r c h a r g e   2   b y   C a l   A m ) ,   w e r e   n o t   e v a l u a t e d . "   Y o u   m a y   w a n t   t o   e l a b o r a t e   o n   w h y   i t   i s   i n a p p r o p r i a t e   t o   c o n s i d e r   p o t e n t i a l   c o s t   a s s o c i a t e d   w i t h   f i n a n c i n g   t h e   p r o j e c t   i n   t h i s   t y p e   o f   r e p o r t .   A l s o ,   y o u   m a y   w a n t   t o   p r o v i d e   c a v e a t s   f o r   t h e   a c c u r a c y   o f   t h e   e s t i m a t e d   c o s t s   a n d   t h a t   t h e   c o s t   a n a l y s e s   g i v e n   a r e   f o r   e v a l u a t i n g   t h e   f e a s i b i l i t y   o f   t h e   a l t e r n a t i v e s   a n d   a r e   n o t   i n t e n d e d   t o   r e f l e c t   p o t e n t i a l   a c t u a l   c o s t s .   A g r e e d .   8 6   R i c k   R i e d e l   N A   1 1 / 1 4 / 2 0 1 2   H o w   w e r e   t h e   f i n i s h e d   w a t e r   q u a l i t y   v a l u e s   d e r i v e d   s h o w n   i n   t h e   t a b l e s   i n   S e c t i o n   4 ?   T h e y   w e r e   e x t r a c t e d   f r o m   i n f o r m a t i o n   p r o v i d e d   b y   t h e   p r o p o n e n t s .   8 7   R i c k   R i e d e l   N A   1 1 / 1 4 / 2 0 1 2   D o   t h e   d i f f e r i n g   f i n i s h e d   w a t e r   q u a l i t y   v a l u e s   i n   S e c t i o n   4   a f f e c t   t h e   c o s t   c o m p a r i s o n s   g i v e n   i n   S e c t i o n   5 ?   I f   s o ,   i s   i t   p o s s i b l e   t h a t   t h e   c o s t   a n a l y s e s   b e   r e v i s e d   s o   t h a t   e v e r y   a l t e r n a t i v e s   t r e a t m e n t   s c h e m e   i s   m o d i f i e d   ( e . g .   n o t   r e q u i r e   4 0 %   s e c o n d   p a s s )   s o   a s   t o   p r o v i d e   t h e   s a m e   f i n i s h e d   w a t e r   q u a l i t y ?   T h e   c o s t   e v a l u a t i o n   w e   p r e p a r e d   d i d   a s s u m e   a   c o n s i s t e n t   p r o d u c t   w a t e r   q u a l i t y ;   a n d   p r o p o n e n t   c o s t s   w e r e   a d j u s t e d   t o   i n c l u d e   t h e   r e q u i r e d   t r e a t m e n t   p r o c e s s   e q u i p m e n t .   8 8   R i c k   R i e d e l   N A   1 1 / 2 1 1 2 0 1 2   T w o   o f   t h e   p o t e n t i a l   d e s a l   p r o j e c t s ,   D V V D   a n d   P M L ,   a r e   p r o p o s i n g   t o   u s e   o p e n   o c e a n   i n t a k e   w i t h o u t   c o n s i d e r i n g   a n y   a l t e r n a t i v e s   t o   o p e n   o c e a n   i n t a k e .   M y   u n d e r s t a n d i n g   i s   t h e   C o a s t a l   C o m m i s s i o n   w o u l d   c o n s i d e r   o p e n   o c e a n   i n t a k e   i n   t h e   e v e n t   t h a t   i t   I s   s h o w n   t o   b e   t h e   " l e a s t   e n v i r o n m e n t a l l y   h a r m f u l   f e a s i b l e   a l t e r n a t i v e . "   T h a t   i s ,   t h e   C o a s t a l   C o m m i s s i o n s   P o l i c y   i s   t o   n o t   a l l o w   a n   o p e n   o c e a n   i n t a k e   u n l e s s   i t   i s   d e m o n s t r a t e d   t h a t   o t h e r   a l t e r n a t i v e s   a r e   u n f e a s i b l e ,   T o   m y   k n o w l e d g e ,   n o   w o r k   h a s   b e e n   p e r f o r m e d   t o   d a t e   b y   e i t h e r   D W D   o r   t h e   P M L   t o   d e m o n s t r a t e   t h i s ,   M i n i m a l   t e x t   h a s   b e e n   a d d e d   t o   S e c t i o n   6   o f   t h e   r e p o r t   t o   d i s c u s s   C o a s t a l   C o m m i s s i o n   a n d   N O A A   p o l i c i e s .   H o w e v e r ,   t i m e   a n d   b u d g e t   c o n s t r a i n t s   d o   n o t   a l l o w   a   t h o r o u g h   e v a l u a t i o n   o f   t h e s e   c o m m e n t s .   T h e   r e p o r t   n o t e s   t h a t   t h i s   s h o u l d   b e   a   f o c u s   o f   f u t u r e   a n a l y s e s .   I t   i s   d e s i r a b l e   t h o u g h   u n c e r t a i n   t h a t   t h e   C P U C   E I R   a n d   p r o p o n e n t s '   E I R ' s   w o u l d   o f f e r   a   c o m p a r i s o n   o f   o p e n   i n t a k e   a n d   s u b s u r f a c e   i n t a k e s   f o r   c o m p a r i s o n .   T h e   J P A   h a s   m a d e   t h o u g h t f u l   c o m m e n t s   i n   t h e   s o a p i n g   h e a r i n g s   w h i c h   w o u l d   i m p r o v e   t h e     E n e r g y   c o s t s   w i l l   b e   a d j u s t e d   t o   a c c o u n t   f o r   d i f f e r e n c e s   i n   p u m p i n g   r e q u i r e m e n t s   a m o n g   t h e   t h r e e   p r o p o n e n t   p r o j e c t s .   C o a g u l a n t   c a n   b e   u s e d   s u c c e s s f u l l y   w i t h   M F / U F .   T h e   o v e r a l l   P M L   p r e t r e a t m e n t   d e s i g n   w a s   m a i n t a i n e d   a s   p r o p o s e d   w i t h   t h e   u n d e r s t a n d i n g   t h a t   a   p l a n n e d   o n e   y e a r   p i l o t   p r o g r a m   w o u l d   b e   u s e d   t o   f i n a l i z e   t h e   p r o c e s s   c l e g n .     i n f o r m a t i o n   o n   t h e   e x i s t i n g   e q u i p m e n t   w a s   n o t   p r o v i d e d .   I n   g e n e r a l ,   t h e   c o n t i n g e n c y   a l l o w a n c e   a n d   p r g p o s e d   r e h a b i l i t a t i o n   a l l o w a n c e s   p r o v i d e d   b y   P M L   s h o u l d   b e   a d e q u a t e   t o   c o v e r   p o t e n t i a l   r e w o r k .   C a l   A m   h a s   a   h i g h   p u m p i n g   c o s t   a s s o c i a t e d   w i t h   i t s   s u p p l y   w e l l s   a l o n g   w i t h   a   h i g h e r   c o s t   o f   e l e c t r i c i t y ;   w h i l e   D V V D   h a d   a n   a r t i f i c i a l l y   h i g h   c o s t   a s s o c i a t e d   w i t h   i t s   p r o p o n e n t   e x p e n s e   c a t e g o r y   a s   d e s c r i b e d   a b o v e .   T h e   c o s t s   w i l l   b e   a d j u s t e d   i n   t h e   f i n a l   r e p o r t .   8 9   R i c k   R i e d e l   N A   3 - 1 1   1 1 / 2 1 / 2 0 1 2   1 1 / 2 1 / 2 0 1 2   S h o u l d   D V V D   b e   g i v e n   c r e d i t   ( i . e .   e i t h e r   a   g r e a t e r   R O   f l u x   o r   l e s s e r   e n e r g y   u s a g e )   t o   a c c o u n t   f o r   t h e   p r e h e a t ?     P a g e   3 - 1 1   s t a t e s   t h a t   P M L   w i l l   p r e t r e a t   w i t h   c o a g u l a n t   a n d   U F .   I s   i t   c o s t   e f f e c t i v e   t o   r e m o v e   c o a g u l a n t   w i t h   U F ?   I s   i t   n e c e s s a r y   t o   a d d   f l o c c u l a t i o n   p r i o r   t o   f i l t r a t i o n ?   9 0   R i c k   R i e d e l   9 1   , -   R i c k   R i e d e l   N A   1 1 / 2 1 1 2 0 1 2   T h e   e x i s t i n g   i n f r a s t r u c t u r e   a t   P M L   m a y   b e   a   l i a b i l i t y ,   i n s t e a d   o f   a n   a s s e t .   F o r   e x a m p l e ,   I   b e l i e v e   t h a t   C a l i f o r n i a   D e p t   o f   H e a l t h   r e q u i r e s   a l l   p u m p s   f o r   w a t e r   s y s t e m s   t o   b e   l e a d   f r e e .   M o s t   o l d e r   p u m p s   c o n t a i n   s o m e   l e a d   a s   a n   a l l o y i n g   e l e m e n t .   D o   t h e   e x i s t i n g   P M L   p u m p s   c o n t a i n   l e a d ?   A n o t h e r   e x a m p l e ,   m a n y   o l d e r   s t o r a g e   t a n k s   c o n t a i n e d   P C B s   i n   t h e   c a u l k i n g .   D o   a n y   o f   t h e   P M L   t a n k s   c o n t a i n   P C B s   a t   a   l e v e l   t h a t   m a y   b e   o f   c o n c e r n ?   9 2   R i c k   R i e d e l   N A   1 1 1 2 1 / 2 0 1 2   T h e   l o w e r   O & M   c o s t s   f o r   P M L   I s   c o u n t e r i n t u i t i v e   c o n s i d e r i n g   t h e   f e e d   w a t e r   f r o m   t h e   h a r b o r   i s   p o t e n t i a l l y   b o t h   h i g h l y   v a r i a b l e   a n d   c o n t a i n s   m o r e   o r g a n i c s   t h a n   t h e   o t h e r   a l t e r n a t i v e s .   T h a t   i s ,   O & M   c o s t s   f o r   ' M L   a r e   e s t i m a t e d   t o   b e   l o w e r   t h a n   t h e   o t h e r   2   a l t e r n a t i v e s .   I   w o u l d   e x p e c t   P M L ' s   O & M   c o s t s   t o   b e   g r e a t e r   9 3   M a y o r   B u r n e t t   E S - 9   1 1 / 1 3 / 2 0 1 2   " 1 0 , 7 3 0   A F Y   i n   a c c e s s   o f   i t s   v a l i d   r i g h t   o f   3 , 3 7 6   A F Y . "   S h o u l d   b e   i n   e x c e s s   o f . . . "   N o t e d ,   w i l l   c o r r e c t   9 4   M a y o r   B u r n e t t   4 - 4   1 1 / 1 3 / 2 0 1 2   " I n   g e n e r a l ,   D V V D   p r o p o s e s   t o   p r o v i d e   a   p r o d u c t   s u p p l y   t h a t   i s   c o m p l i a n t   w i t h   a l l   a p p l i c a b l e   d r i n k i n g   w a t e r   r e g u l a t i o n s ,   i s   n o n - a g g r e s s i v e . . . "   S h o u l d   t h i s   b e   " n o n - c o r r o s i v e ?   W e   c o n s i d e r   t h e   t e r m s   s y n o n y m o u s   b u t   w i l l   c h a n g e   t o   n o n - c o r r o s i v e .   C h a p t e r   4   p r e s e n t s   t h e   p r o p o n e n t   p r o p o s e d   s y s t e m   d e s i g n s ;   a l o n g   w i t h   o u r   p r o p o s e d   a d j u s t m e n t s   t o   t h e i r   r e s p e c t i v e   f a c i l i t y   c a p a c i t i e s .   9 5   M a y o r   B u r n e t t   4 - 5   1 1 / 1 4 / 2 0 1 2   D W D   a n d   P M L   a p p e a r   t o   u n d e r p r o d u c e   i n   t h e   5 , 5 0 0   A F Y   s c e n a r i o   a s   s h o w n ,   f o r   e x a m p l e ,   o n   p a g e   4 -   5 ?   9 6   M a y o r   B u r n e t t   N A   5 - 7 / 5 - 8   1 1 / 1 4 / 2 0 1 2   1 1 / 1 4 / 2 0 1 2   I t   w o u l d   u s e f u l   t o   i d e n t i f y   t h e   k e y   v a r i a b l e s   t h a t   a f f e c t   c o s t   a n d   s c h e d u l e   a n d   r e q u e s t   S P I   d o   a   s e n s i t i v i t y   a n a l y s i s   o n   t h o s e ,   F o r   e x a m p l e ,   t h e y   a l r e a d y   h a v e   d o n e   s e n s i t i v i t y   a n a l y s i s   o n   t h e   c o s t   o f   e l e c t r i c i t y   a t   l e a s t   f o r   C a l - A m ' s   p r o j e c t .   D e t e r m i n e   h o w   s e n s i t i v e   t h e   c o s t   e f f e c t i v e n e s s   o f   D V V D   i s   t o   t h e   a s s u m p t i o n   t h a t   t h e y   w i l l   b e   a b l e   t o   b u i l d   a   2 5 , 0 0 0   A F Y   p l a n t .   I f   t h a t   d o e s   n o t   c o m e   t o   p a s s   a n d   t h e   c a p i t a l   c o s t s   o f   p i p e s ,   e t c   w i l l   n e e d   t o   b e   s p r e a d   a c r o s s   a   s m a l l e r   v o l u m e   o f   w a t e r ,   h o w   m u c h   m o r e   e x p e n s i v e   i s   t h a t   w a t e r   p e r   a c r e   f o o t ?   A d d i t i o n a l   s e n s i t i v i t y   a n a l y s e s   r e l a t e d   t o   c o s t   o f   e n e r g y   a n d   s l a n t   w e l l   r e p l a c e m e n t   w i l l   b e   i n c l u d e d   i n   a   f u t u r e   s u p p l e m e n t   t o   t h e   f i n a l   r e p o r t .   T h e   e c o n o m i c s   w o u l d   n o t   c h a n g e   m u c h   a s   t h e   m a j o r   s h a r e d   c o s t   c o m p o n e n t   i s   t h e   p l a n n e d   i n t a k e   p i p e l i n e   w h i c h   i s   n o t   p a r t   o f   t h e i r   c o s t s .   M o s t   f a c i l i t i e s   w o u l d   b e   b u i l t   f o r   t h e   r e q u i r e d   p l a n l   c a p a c i t y   i n c r e m e n t   i n   P h a s e   1   a n d   i n c l u d e   t h o s e   c o s t s   a l o n e .   9 7   M a y o r   B u r n e l l   P a g e   9   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 153, Packet Page 179 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   N o .   ,  .  . C o m m e n t   B y '   :   P a g e   ,   N o .   D a t e   o f   C o m m e n t   C o m m e n t s   .   .  R e s p e n s e l A c t i o n   9 8   M a y o r   B u r n e t t   N A   1 1 / 1 4 / 2 0 1 2   W h a t   h a p p e n s   t o   P M L   a n d   D V V D   i f   M L P P   i s   s h u t   d o w n   o r   o n c e - t h r o u g h   c o o l i n g   c e a s e s ?   I t   i s   a   r i s k   t h a t   w i l l   n e e d   t o   b e   e v a l u a t e d   a s   t h e   p r o j e c t   a d v a n c e s .   9 9   M a y o r   B u r n e t t   N A   1 1 / 1 4 / 2 0 1 2   F o r   P M L ,   h o w   d o   c o s t s   c h a n g e   i f   e x i s t i n g   i n t a k e   s y s t e m   i s   u n u s a b l e ?   F r o m   a   t e c h n i c a l   p e r s p e c t i v e ,   t h e r e   i s   n o   r e a s o n   t o   b e l i e v e   t h e   e x i s t i n g   i n t a k e   c o u l d   n o t   b e   r e u s e d .   1 0 0   M a y o r   B u r n e t t   N A   1 1 / 1 4 / 2 0 1 2   H o w   s h o u l d   w e   e v a l u a t e   s c h e d u l e   r i s k   v e r s u s   c o s t   o f   w a t e r ?   T h e r e   a r e   b a r r i e r s   t o   i m p l e m e n t a t i o n   o f   a n y   o f   t h e   t h r e e   p r o j e c t s .   W i t h   t h e   2 0 1 6   d e a d l i n e ,   s c h e d u l e   r i s k   s h o u l d   l i k e l y   h a v e   p r i m a c y   i n   t h e   a b s e n c e   o f   „ g r o s s   c o s t   d i f f e r e n t i a l s .   1 0 1   M a y o r   B u r n e t t   N A   1 1 / 1 4 / 2 0 1 2   H o w   m u c h   w i l l   i t   c o s t   o u r   c o m m u n i t i e s   t o   h a v e   a   p r o j e c t   d e l a y e d   b y   6   m o n t h s ?   U n k n o w n .   1 0 2   M a y o r   B u r n e t t   N A   1 1 / 1 4 / 2 0 1 2   W h a t   c a n   b e   l e a r n e d   a b o u t   s c h e d u l e   r i s k   ( e s p e c i a l l y   f o r   o p e n   o c e a n   i n t a k e )   f r o m   t h e   P o s e i d o n   e x p e r i e n c e ?   T h e y   a r e   c u r r e n t l y   n o t   t h e   p r e f e r r e d   a l t e r n a t i v e   w i t h i n   S t a t e   r e g u l a t o r y   a u t h o r i t i e s   a n d   t h e r e f o r e   s u b j e c t   t o   u n k n o w n   s c h e d u l e   r i s k .   T h e   o v e r a l l   r e g u l a t o r y   f r a m e w o r k   h a s   c h a n g e d   s i n c e   P o s e i d o n   s t a r t e d   i t s   p r o j e c t ,   s o   i t ' s   d i f f i c u l t   t o   d r a w   f i r m   c o n c l u s i o n s .   1 0 3   D o u g   W i l h e l m   N A   1 1 / 1 4 / 2 0 1 2   Q u e s t i o n e d   t h e   u s e   o f   S u r c h a r g e   2   f o r   f u n d i n g   a   p o r t i o n   o f   t h e   C a l - A m   p r o j e c t ,   s u g g e s t i n g   t h a t   i t   s h o u l d   b e   m a d e   a v a i l a b l e   t o   t h e   p u b l i c   p r o j e c t s   o r   r e m o v e d   f r o m   t h e   C a l - A m   a n a l y s i s   —   e s p e c i a l l y   s i n c e   t h e   C P U C   m a y   n o t   a l l o w   i t   i n   w h o l e   o r   i n   p a r t .   T h e   s u r c h a r g e   I s s u e   i s   c u r r e n t l y   b e i n g   e x a m i n e d   t h r o u g h   t h e   C P U C   a n d   i s   n o t   i n c l u d e d   i n   t h e   s c o p e   o f   t h i s   e v a l u a t i o n .   1 0 4   D a l e   H e k h u i s   N A   1 1 / 1 4 / 2 0 1 2   A l s o   q u e s t i o n s   t h e   u s e   o f   S u r c h a r g e   2 .   S e e   a b o v e .   1 0 5   S a f w a t   M a l e k   N A   1 1 / 1 4 / 2 0 1 2   Q u e s t i o n e d   w h y   t h e   c a p i t a l   c o s t s   f o r   t h e   C a l - A m   p r o j e c t   a r e   s o   m u c h   l o w e r   t h a n   C a l - A m ' s   p u b l i s h e d   e s t i m a t e s   i n   t h e i r   a p p l i c a t i o n   a n d   p r e s e n t a t i o n s   t o   t h e   c o m m u n i t y .   C a l   A m ' s   c o s t   o f   f i n a n c i n g   w i l l   b e   a d j u s t e d   i n   t h e   f i n a l   r e p o r t .   1 0 6   D a v e   S t o l d t   5 - 8   1 1 / 1 3 / 2 0 1 2   t w o   l i n e s   u p   f r o m   b o t t o m   — " C a l - A m "   s h o u l d   r e a d   " D W D "   W i l l   c o r r e c t .   1 0 7   D a v e   S t o l d t   5 - 4   1 1 / 3 0 / 2 0 1 2   R e p l a c e   T e x t   i n   F o o t n o t e   3 :   C a p i t a l   r e c o v e r y   f a c t o r   f o r   D I N O   a n d   P M L   b a s e d   o n   a n   i n t e r e s t   r a t e   O f   4 . 0 %   a n d   t e r m   o f   3 0   y e a r s ;   b a s e d   o n   a n   i n t e r e s t   r a t e   o f   8 . 4 9 %   a n d   3 0   y e a r s   f o r   C a l - A m     A   C a p i t a l   R e c o v e r y   F a c t o r   ( C R P )   i s   u s e d   t o   c o n v e r t   a   s i n g l e   u p - f r o n t   c a p i t a l   c o s t   I n t o   a n   a n n u a l   a m o u n t   t o   b e   r e c o v e r e d ,   a s   i f   t h e   m o n e y   w a s   r e p a i d   a s   a   l o a n ,   b a s e d   o n   a n   i n t e r e s t   r a t e   a n d   t i m e   p e r i o d .   A s   l i s t e d   i n   N o t e   3   o n   T a b l e   5 - 2 ,   a   C R F   w a s   u s e d   f o r   t h e   D V V D   a n d   P M L   p r o j e c t s   a t   a n   i n t e r e s t   r a t e   o f   4 . 0   p e r c e n t .   T h i s   r a t e   a p p r o x i m a t e s   t h e   c o s t   o f   t a x - e x e m p t   b o r r o w i n g   f o r   p u b l i c l y   f i n a n c e d   p r o j e c t s   w h i c h   w o u l d   l i k e l y   b e   a p p l i c a b l e   t o   D V V D   a n d   P M L .   I n   t h i s   c a s e ,   t h e   C R F   e q u a l s   0 . 0 5 7 8 3   C a l - A m   m a y   n o t   h a v e   a c c e s s   t o   p u b l i c   f i n a n c i n g   a n d   c o u l d   h a v e   a   p r e - t a x   w e i g h t e d   c o s t   o f   c a p i t a l   b a s e d   o n   5 . 0   p e r c e n t   m a r k e t - r a t e   d e b t   ( t h e i r   a u t h o r i z e d   d e b t   r e t u r n   i s   6 . 6 3 % )   a n d   9 . 9 9 %   p e r c e n t   e q u i t y   r e t u r n ,   g r o s s e d   u p   f o r   i n c o m e   a n d   a d   v a l o r e m   t a x e s .   T h i s   w o u l d   r e s u l t   I n   h i g h e r   a n n u a l   c o s t s   f o r   C a l - A m   t h a n   s h o w n .   H o w e v e r ,   t h e r e   a r e   a d d i t i o n a l   d i f f e r e n c e s   i n   h o w   p u b l i c   v e r s u s   p r i v a t e   c a p i t a l   i n v e s t m e n t s   a r e   a m o r t i z e d ,   t h e   i m p a c t s   o f   w h i c h   a r e   n o t   a n a l y z e d   i n   t h i s   r e p o r t .   T h e   M o n t e r e y   P e n i n s u l a   W a t e r   M a n a g e m e n t   D i s t r i c t   h a s   c o m p u t e d   t h a t   f o r   C a l - A m ,   a   C R F   r e p r e s e n t i n g   t h e   a v e r a g e   a n n u a l   c a p i t a l   r e c o v e r y   o v e r   a   3 0 - y e a r   p e r i o d   e q u a l s   0 . 9 2 9 3 3   w h i c h   w o u l d   r e s u l t   a s   i f   t h e   i n t e r e s t   r a t e   w a s   8 . 4 9 % .   T h i s   C R F   i s   c o m p u t e d   a s   f o l l o w s :   { [ ( P r e - T a x   E q u i t y   R e t u r n :   9 . 9 9 %   x 5 3 %   x   1 . 6 9   g r o s s - u p )   + ( P r e - T a x   D e b t   R e t u r n :   5 %   x   4 7 %   x   1 . 6 9 ) -   ( I n t e r e s t   P a i d   T a x   O f f - S e t :   5 %   x   4 0 . 2 5 %   e f f e c t i v e   t a x   r a t e   d i v i d e d   b y   . 9 9 7 3 6   c o l l e c t i b l e s   r a t e ) ]   + ( A d   V a l o r e m   T a x e s :   1 . 0 5 % ) ] } / 2   +   ( 3 . 3 3 %   a n n u a l   d e p r e c i a t i o n )   =   0 . 0 9 2 9 3 3   p r o x y   C R F   W i l l     u p d a t e .   W i l l   u p d a t e .   1 0 8   D a v e   S t o l d t   5 - 5   1 1 / 3 0 / 2 0 1 2   P a g e   1 0   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 154, Packet Page 180 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   .  .  .  .  -   .  .  C d r i f i r i e b t , B y   —   •  •  -   •  - -   •  P a   e   .  -  - 9 - •    ', h 1 b " .   •  „   ' D a t e   o f   - - -   -   1 0 3 m m e n t   ,  .   . . .   .  :  •   C o t h r i i e h t 6   R e s p o n s e / A c t i o n   .   .   —   .  •,  ,  .   1 0 9   L a r r y   P a r r i s h   N A   1 1 / 2 7 / 2 0 1 2   I n d e p e n d e n t   f a c t   c h e c k i n g   -   S e v e r a l   m o n t h s   a g o   ( p e r h a p s   a   y e a r )   C a l - A m   p r o d u c e d   a n   I n t e r n a l   s t u d y   o n   c o m p a r a t i v e   c o s t s   o f   a   n e w   w a t e r   p r o j e c t ,   w h i c h   i n c l u d e d   a b o u t   1 1   d i f f e r e n t   o p t i o n s   c o v e r i n g   d e s a l i n a t i o n ,   A S R   ( a q u i f e r   s t o r a g e   &   r e c o v e r y ) ,   G W R   ( g r o u n d   w a t e r   r e c o v e r y ) ,   c o n s e r v a t i o n ,   a n d   p e r h a p s   o t h e r   s o u r c e s .   T h e   o p t i o n s   c o v e r e d   v a r y i n g   c o m b i n a t i o n s   o f   t h e s e   w a t e r   s o u r c e s   a n d   t h e   c o s t s   f o r   e a c h   o p t i o n ,   i n c l u d i n g   d e s a l .   W e l l ,   i f   y o u   r e v i e w   t h a t   C a l - A m   s t u d y   I   t h i n k   y o u   w i l l   f i n d   t h a t   t h e   e s t i m a t e d   c o s t s   o f   t h e   C a l - A m   w a t e r   p r o j e c t   ( d e s a l )   i n   t h a t   s t u d y   v a r y   g r e a t l y   f r o m   t h e   e s t i m a t e d   c o s t s   r e p r e s e n t e d   i n   t h e   S P I   R e p o r t   a n d   t h e   f i n a n c i a l   a n a l y s i s   p r e p a r e d   b y   t h e   M P W M D   f o r   t h e   M P R W A .   W h y   i s   t h e r e   s u c h   a   d i f f e r e n c e   i n   c o s t s   b e t w e e n   t h e s e   t w o   s t u d i e s ?   W h a t   h a s   c h a n g e d ?   A l s o ,   e v i d e n t l y   t h e   t h r e e   p r o p o n e n t s   o f   d e s a l   p r o p o s a l s   a n s w e r e d   a   5 5   q u e s t i o n   q u e s t i o n a i r e .   I s   t h e r e   i n d e p e n d e n t   v e r i f i c a t i o n   o f   t h e   i n f o r m a t i o n   t h a t   w a s   p r o v i d e d   i n   t h o s e   q u e s t i o n a i r e s ?   I f   n o t ,   t h e r e   c e r t a i n l y   s h o u l d   b e .   T o   b e   s u r e ,   A L L   o f   t h e   i n f o r m a t i o n   p r o v i d e d   b y   C a l - A m ,   D W D ,   a n d   P M L   s h o u l d   b e   v e r i f i e d   b y   i n d e p e n d e n t   s o u r c e s .   T h i s   s t u d y   e v a l u a t e d   c o s t s   p r o v i d e d   b y   t h e   p r o p o n e n t s   a s   o f   O c t o b e r   1 5 ,   2 0 1 2   f o r   t h e i r   c u r r e n t   p r o j e c t s .   E v a l u a t i o n   o f   o t h e r   c o s t   e s t i m a t e s   w a s   n o t   a   p a r t   o f   o u r   e v a l u a t i o n .   V V i t h   r e g a r d   t o   t h e   p r o p o n e n t   q u e s t i o n n a i r e s ,   w e   d i d   e v a l u a t e   t h e i r   r e s p o n s e s   a s   p a r t   o f   t h e   i n f o r m a t i o n   w e   r e v i e w e d   a n d   c o n s i d e r e d   a s   p a r t   o f   w o r k .   W h e r e   w e   f o u n d   t h e   i n f o r m a t i o n   w a s   i n s u f f i c i e n t ,   w e   a s k e d   a d d i t i o n a l   q u e s t i o n s   o f   t h e   p r o p o n e n t s   a n d / o r   a d j u s t e d   c o s t s   i n   o u r   e c o n o m i c   e v a l u a t i o n .   1 1 0   L a r r y   P a r r i s h   N A   1 1 / 2 7 / 2 0 1 2   T o t a l   C o s t s   o f   D e s a l   -   A n y   e s t i m a t e s   o f   t h e   c o s t   o f   a   n e w   d e s a l   p l a n t   M U S T   i n c l u d e   A L L   o f   t h e   c o s t s   a s s o c i a t e d   w i t h   t h e   c o n s t r u c t i o n   o f   t h e   d e s a l   p l a n t ,   T h i s   w o u l d   i n c l u d e   t h e   $ 9 9   m i l l i o n   s u r c h a r g e ;   f i n a n c e   c h a r g e s ;   p r o f i t s   b y   t h e   b u i l d e r   o f   t h e   p l a n t   ( C a l - A m ) ;   l i t i g a t i o n   c o s t s ;   w e l l s ;   l a n d   a c q u i s i t i o n ;   e t c .   A L L   c o s t s   m u s t   b e   i n c l u d e d !   I   I   W e   b e l i e v e   a l l   a p p l i c a b l e   c o s t s   r e l a t e d   t o   t h e   f a c i l i t y   p e r m i t t i n g ,   d e s i g n   a n d   c o n s t r u c t i o n   h a v e   b e e n   c o n s i d e r e d .   1 1 1   L a r r y   P a r r i s h   N A   1 1 / 2 7 / 2 0 1 2   D e l a y s   -   D e l a y s   i n   p e r m i t t i n g ,   c o n s t r u c t i o n ,   l i t i g a t i o n ,   p o l i t i c a l   d i c k e r i n g ,   e t c .   w i l l   u n d o u b t e d l y   i n c r e a s e   t h e   f i n a l   p r i c e t a g   o f   t h e   d e s a l   p r o j e c t   a n d   t h e s e   s h o u l d   a l s o   b e   i n c l u d e d   i n   t h e   t o t a l   c o s t ,   T h i s   m a y   e n t a i l   s o m e   d i f f i c u l t y   i n   e s t i m a t i n g   t h e   c o s t s   d u e   t o   d e l a y s ,   b u t   s h o u l d   b e   i n c l u d e d   a t   l e a s t   a s   e s t i m a t e d   c o s t s .   T h e   r e c o m m e n d e d   3 0   p e r c e n t   o v e r a l l   p r o j e c t   c o n t i n g e n c y   s h o u l d   b e   s u f f i c i e n t   t o   c o v e r   m a n y   o f   t h e   u n k n o w n s   r e l a t e d   t o   t h e   p r o j e c t   a t   t h i s   t i m e .   1 1 2   L a r r y   P a r r i s h   N A   1 1 / 2 7 / 2 0 1 2   M i s s i n g   t h e   d e a d l i n e   -   T h e r e   i s   a   d e a d l i n e   i n   t h e   C D O   9 5 - 1 0   w h i c h   c o u l d   a l s o   e f f e c t   t h e   f i n a l   p r i c e t a g   o f   d e s a l .   M y   o p i n i o n   i s   t h a t   t h e   w a t e r   w i l l   n o t   b e   s h u t   o f f   -   a f f e c t e d   c i t i e s   a n d   t h e   c o u n t y   c a n   d e c l a r e   a   s t a t e   o f   e m e r g e n c y   w h i c h   w i l l   o v e r r i d e   t h e   o r d e r   b y   t h e   S t a t e   W a t e r   B o a r d .   H o w e v e r ,   s o m e   r a t i o n i n g   m a y   o c c u r .   I f   r a t i o n i n g   d o e s   o c c u r ,   t h i s   c o u l d   a l s o   a f f e c t   t h e   f i n a l   p r i c e   o f   d e s a l i n a t i o n .   C a l - A m   h a s   s t a t e d   p u b l i c l y   s e v e r a l   t i m e s   t h a t   i f   c o n s e r v a t i o n   ( a l s o   k n o w n   a s   r a t i o n i n g )   I n c r e a s e s ,   t h e   c o s t   o f   w a t e r   p e r   a c r e - f o o t   ( 3 / A F )   w i l l   a l s o   i n c r e a s e   i n   s o m e   p r o p o r t i o n a t e   f o r m u l i z e d   f a s h i o n .   C a l - A m   h a s   f i x e d   c o s t s • a n d   a r e   l e g a l l y   e n t i t l e d   t o   r e c o v e r   t h o s e   c o s t s .   T h e   a c t u a l   a m o u n t   o f   w a t e r   t h e y   d i s t r i b u t e   i s   t h e n   s o m e w h a t   i r r e l e v a n t .   I f   t h e y   s e l l   a   m i l l i o n   A F   o f   w a t e r ,   o r   t e n   m i l l i o n   A F ,   t h e y   w i l l   s t i l l   a t t e m p t   ( s u c c e s s f u l l y )   t o   r e c o v e r   a   r e l a t i v e l y   s i m i l a r   a m o u n t   f r o m   t h e   r a t e p a y e r   b a s e d   o n   t h e i r   e x p e n s e s .   T h i s   m e a n s   a   R A T E   I N C R E A S E .   W e l l ,   s u c h   a   r a t e   I n c r e a s e   w i l l   i n c r e a s e   t h e   o v e r a l l   p r i c e   p e r   A F   o f   w a t e r   ,   w h i c h   w i l l   l i k e w i s e   a f f e c t   t h e   f i n a l   a v e r a g e   $ / A F   o f   t h e   o v e r a l l   p r o j e c t .   T h i s   s h o u l d   b e   f a c t o r e d   i n t o   y o u r   e v a l u a t i o n   a l s o .   .   I   g u e s s   y o u   n e e d   t o   d e t e r m i n e   h o w   s o o n   e a c h   p r o j e c t   c a n   b e   c o m p l e t e d ,   a n d   o f   c o u r s e   t h e   l o n g e r   i t   t a k e s   t o   c o m p l e t e   t h e   p r o j e c t ,   t h e   m o r e   e x p e n s i v e   i t   w i l l   b e .   T h e   o u t c o m e   o f   a   m i s s e d   d e a d l i n e   i s   s p e c u l a t i v e   a t   t h i s   t i m e ;   a n d   a n   e v a l u a t i o n   o f   t h e   i m p a c t s   a r e   o u t s i d e   t h e   s c o p e   o f   o u r   e v a l u a t i o n .   1 1 3   L a r r y   P a r r i s h   N A   1 1 / 2 7 / 2 0 1 2   C o s t   c o n t r o l s   -   T h i s   m a y   n o t   f i g u r e   i n t o   y o u r   e v a l u a t i o n   a t   t h i s   t i m e ,   b u t   u p o n   s e l e c t i o n   o f   a n d   a p p r o v a l   o f   a   f i n a l   p r o j e c t ,   t h e r e   s h o u l d   b e   s u f f i c i e n t   c o s t   c o n t r o l   g u a r a n t e e s   w r i t t e n   i n t o   t h e   f i n a l   a g r e e m e n t .   C o s t   o v e r r u n s   s h o u l d   b e   a c c o u n t e d   f o r   a n d   c o s t s   b e y o n d   t h a t   s h o u l d   b e   b o m e   b y   t h e   b u i l d e r   o f   t h e   p r o i e c t .   .  N o t e d .   P a g e   1 1   o f   1 3    M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 155, Packet Page 181 M P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   .  .  .  D R A F T   R E P O R T   N o :   •   •  C o m m e n t   B y   P a g e   . N o .   ,  D a t e   o f   . . C o m m e n t   • •   • -   • .   S  C O r n M e J l t s '   •  •• R e s p o n s e / A c t i o n   .  •  '   '  —   1 1 4   A l a n   H a i f a   N A   1 1 / 2 7 / 2 0 1 2   T h e   R e p o r t   m a k e s   i t   s o u n d   l i k e   t h e   f a c t   t h a t   C a l   A m ' s   s l a n t   w e l l s   w i l l   b e   i n   t h e   p a t h   o f   f u t u r e   s h o r e    .  e r o s i o n   i n   t h e   n e x t   4 0   y e a r s   a   m i n o r   i s s u e   b e c a u s e   t h e   l i f e   o f   t h e   p r o j e c t   i s   o n l y   3 0   y e a r s .   T h a t   s e e m s   i n s a n e   t o   m e .   W e   a r e   s p e n d i n g   2 0 0 +   m i l l i o n   a n   a   p r o j e c t   w h o s e   l i f e   i s   o n l y   3 0   y e a r s ?   I f   w e   h a v e   t o   r e d r i l l   t h e   s l a n t   w e l l s   i n   3 0   y e a r s ,   a   s h o r t   w i n d o w   f o r   s u c h   a   l a r g e   c a p i t a l   p r o j e c t   i f   y o u   a s k   m e ,   t h e n   t h a t   c o s t   s h o u l d   b e   f a c t o r e d   i n t o   t h e i r   p l a n .   I n   m y   v i e w ,   t h e   s h o r e   e r o s i o n   i s   a   " f a t a l   f l a w "   f o r   t h e   C a l A m   p l a n ,   C a l   A m   i s   c u r r e n t l y   e v a l u a t e d   d e s i g n   a n d   l o c a t i o n   o f   t h e   s l a n t   w e l l   f a c i l i t i e s   t h a t   w i l l   p l a c e   m a j o r   i n f r a s t r u c t u r e   o u t s i d e   o f   t h e   e r o s i o n   z o n e .   F u r t h e r ,   a   s u p p l e m e n t a l   e v a l u a t i o n   w i l l   e x a m i n e   t h e   i m p a c t   o f   i n c r e a s e   r e p l a c e m e n t   f r e q u e n c y   f o r   t h e   s l a n t   w e l l s .   1 1 5   A l a n   H a i f a   5 - 4 , 5 - 5   1 1 / 2 7 / 2 0 1 2   T h e   R e p o r t   a s s u m e s   t h a t   a l l   t h r e e   p r o j e c t s   w i l l   s p e n d   t h e   s a m e   a m o u n t   o n   f i n a n c i n g ,   b u t   i s   t h a t   a   r e a s o n a b l e   a s s u m p t i o n ?   M y   u n d e r s t a n d i n g   i s   t h a t   C a l   A r n   c a n n o t   b o r r o w   a t   t h e   p r e f e r r e d   r a t e s   a   g o v e r n m e n t   b o d y   c a n ,   b u t   t h e   o t h e r   t w o   p r o j e c t s   w i l l   n o t   g o   f o r w a r d   w i t h o u t   a   s p o n s o r i n g   p u b l i c   a g e n c y   a n d   t h e   c o r r e s p o n d i n g l y   l o w e r   b o n d   r a t e s .   T h i s   s e e m s   l i k e   a   l a r g e   c o s t   f a c t o r   t h a t   t h e   S P I   r e p o r t   i g n o r e s   e s s e n t i a l l y .   ( S e e   n o t e   3   a n d   b o t t o m   o f   p a g e   5 - 4   a n d   5 - 5 ,   w h i c h   s a y s   t h a t   a   " u n i f o r m   c a p i t a l   r e c o v e r y   f a c t o r   w a s   u s e d   a c r o s s   a l l   t h r e e   p r o j e c t s   a t   a n   i n t e r e s t   r a t e   o f   4 , 0   p e r c e n t . " ) .   M y   e s t i m a t e   b a s e d   o n   t h e   p e r c e n t s   g i v e n   o n   5 - 5   i s   t h a t   f i n a n c i n g   f o r   C a l   A m   w o u l d   c o s t   2 2   M i l l i o n   m o r e .   C a l   A m ' s   c o s t   o f   f i n a n c i n g   w i l l   b e   a d j u s t e d   i n   t h e   f i n a l   r e p o r t .   1 1 6   A l a n   H a i f a   3 - 3   1 1 / 2 7 / 2 0 1 2   T h e   R e p o r t   c l a i m s   o n   p a g e   3 - 3   t h a t   t h e r e   w i l l   b e   n o   p e r m a n e n t   a e s t h e t i c   i m p a c t s   f r o m   C A L A m s   p r o j e c t ,   b u t   t h e i r   s l a n t   w e l l s   w i l l   o c c u p y   7 0 0   f e e t   o f   s h o r e l i n e   w i t h   i n d u s t r i a l   e q u i p m e n t   i n   a   p l a c e   t h a t   c u r r e n t l y   h a s   n o t h i n g   l i k e   t h a t - h o w   c a n   t h a t   n o t   b e   a   p e r r n e n a n t   n e g a t i v e   a e s h t e t i c   i m p a c t ?   T h e   i n t a k e   p u m p s   w i l l   b e   l o c a t e d   i n   s u b g r a d e   v a u l t s ,   l i m i t i n g   t h e   s u r f a c e   i m p a c t s .   1 1 7   A l a n   H a f f a   3 - 7   1 1 / 2 7 / 2 0 1 2   T h e   c l a i m   o n   p a g e   3 - 7   a b o u t   D I N D   s t r e t c h e s   c r e d i b i l i t y :   " t h e r e   i s   n o   e x p e r e i n c e   w i t h   t h e   e f f e c t   o f   w a r m i n g   a   d e e p   s o u r c e   s u p p l y .   T h e r e   i s   p o t e n t i a l   f o r   t h e   i n c r e a s e   i n   t e m p e r a t u r e   t o   c a u s e   a n   i n c r e a s e   i n   b i o l o g i c a l   a c t i v i t y   a n d   a s s o c i a t e d   b i o l o g i c a l   f o u l i n g   w i t h i n   t h e   t r e a m e n t   p r o c e s s . "   R e a l l y ?   T h e y   a r e   t a k i n g   w a t e r   f r o m   d e e p   u n d e r   t h e   o c e a n   w h e r e   t h e r e   i s   f a r   l e s s   o r g a n i c   m a t e r i a l   t o   b e g i n   w i t h ,   a n d   B i o f o u l i n g   o f   S O   m e m b r a n e s   i s   a   c o m m o n   c h a l l e n g e   f o r   o p e n - i n t a k e   s e a w a t e r   d e s a l   f a c i l i t i e s   a n d   i s   n o t   p r i m a r i l y   a   c o n s e q u e n c e   o f   m u l t i c e l l u l a r   m a r i n e   o r g a n i s m s ,   b u t   r a t h e r   b a c t e r i a - w h i c h   c a n   b e   p r e s e n t   a t   d e p t h .   G e n e r a l l y ,   b a c t e r i a l   g r o w t h   r a t e s   a n d   p a t t e r n s   c a n   a c c e l e r a t e   w i t h   i n c r e a s e s   i n   t e m p e r a t u r e - a   f e a t u r e   t h a t   h a s   b e e n   o b s e r v e d   a t   f a c i l i t i e s   t r e a t i n g   t h e   w a r m   w a t e r   r e t u r n   f r o m   p o w e r   p l a n t s .   f i l t e r i n g   i t .   N o w ,   a r e   w e   s u p p o s e d   t o   b e l i e v e   t h a t   I n   t h e   a m o u n t   o f   t i m e   I t   t a k e s   t o   w a r m   t h e   w a t e r   a n d   p i p e   i t   t o   t h e   t r e a t m e n t   c e n t e r   t h a t   t h i s   d e e p   w a t e r   w i l l   s u d d e n l y   s p r o u t   w i t h   l i f e ?   I t   s e e m s   l i k e   a   v e r y   w e a k   a s s u m p t i o n   o n t   h e   p a r t   o f   S P I   a n d   w h i l e   i t   i s   t r u e   t h a t   t h e r e   i s   n o   e x p e r i e n c e   p r o v i n g   o t h e r w i s e ,   t h e r e   i s   a l s o   n o   e x p e r i e n c e   p r o v i n g   t h a t   i t   w i l l   o c c u r   a n d   c o m m o n   s e n s e   a r g u e s   a g a i n s t   i t .   H o w   w i l l   s o u r c e   w a t e r   t h a t   i s   l o w e r   i n   " t u r b i d i t y   a n d   s u s p e n d e d   s o l i d s "   t h a n   t h e   o t h e r   t w o   p r o j e c t s   s u d d e n l y   e x p e r i e n c e   a n   o u t b r e a k   i n   b i o l o g i c a l   f o u l i n g   j u s t   b e c a u s e   o f   w a r m i n g   t h e   w a t e r ?   1 1 8   A l a n   H a i f a   3 - 8   1 1 / 2 7 / 2 0 1 2   O n   p a g e   3 - 8   " t h e   n a t u r e   o f   t h e   a g r e e m e n t   b e t w e e n   D V V D   a n d   D y n e g y   i s   s t i l l   c o n f i d e n t i a l   b e t w e e n   t h e   p a r t i e s "   I S   a   l e g i t i m a t e   c o n c e m .   T h e   p u b l i c   n e e d s   t o   k n o w   t h e   n a t u r e   o f   t h a t   a g r e e m e n t   t o   p r e d i c t   l o n g   t e r m   c o s t s   a n d   t h a t   i s   a   n o n - s t a r t e r   t o   a n y   n e g o t i a t i o n s   w i t h   D V V D .   T h e   a g r e e m e n t   i s   n e a r i n g   c o m p l e t i o n   a n d   s h o u l d   b e   a v a i l a b l e   f o r   r e v i e w   s o o n .   T h e   o v e r a l l   r i s k   i s   l o w   a s   d e s c r i b e d   a b o v e .   1 1 9   A l a n   H a i f a   3 - 1 0   1 1 / 2 7 / 2 0 1 2   O n   p a g e   3 - 1 0   t h e   r e p o r t   c l a i m s   t h a t   P M L   i s   I n   a   f l o o d   p l a i n .   H o w   s e r i o u s   i s   t h i s   t h r e a t ?   H o w   o f t e n   h a s   t h e   a r e a   b e e n   f l o o d e d   i n   t h e   p a s t   1 0 0   y e a r s ?   C a n   t h e   f a c i l i t y   b e   b u i l t   t o   b e   f l o o d   p r o t e c t e d ?   •  1 2 0   A l a n   H a i f a   N A   1 1 / 2 7 / 2 0 1 2   T h e   p i p e   d i s r e p a i r   i n   P M L   i s   l e g i t i m a t e   c o n c e r n   b u t   i t   s e e m s   l i k e   I t   s h o u l d   i n v o l v e   l e s s   p e r m i t t i n g   c o s t s   t o   r e p a i r   e x i s t i n g   p i p e s   r a t h e r   t h a n   s e e k   p e r m i s s i o n   t o   i n s t a l l   n e w   o n e s .   I t   s e e m s   l i k e   g i v e n   t h e   c o n c e r n s   w i t h   t h e   p i p e s   a n d   p u m p s ,   P M L   s h o u l d   a s s u m e   a l l   n e w   e q u i p m e n t   I n   c o s t i n g   t h e   p r o j e c t .   I n   c o m p a r i n g   P M L   a n d   D W D   I   w o u l d   l i k e   t o   s e e   a   c o s t   c o m p a r i s o n   t h a t   a s s u m e s   n e w   e q u i p m e n t / c a p i t a l   f o r   P M L .   A s   s t a t e d   a b o v e ,   P M L   h a s   i n c l u d e d   c o s t s   f o r   r e p a i r   o f   i t s   i n t a k e   a n d   o u t f a l l   f a c i l i t i e s ;   a l o n g   w i t h   a n   o v e r a l l   3 0 %   c o s t   c o n t i n g e n c y   w e   a p p l i e d   i n   o u r   e v a l u a t i o n .   1 2 1   A l a n   H a i f a   4 6   N A   1 1 / 2 7 / 2 0 1 2   1 1 / 2 7 / 2 0 1 2   O n   p a g e   4 - 6   t h e   r e p o r t   a r g u e s   t h a t   a n   " u n k n o w n   l e v e l   o f   o r g a n i c s   m a y   b e   p r s e n t   i n   t h e   h a r b o r - e x t r a c t e d   s u p p l y . "   T h i s   s e e m s   r e a s o n a b l e ;   h o w e v e r ,   i t   a l s o   s e e m s   l i k e l y   f o r   t h e   C a l   A m   s l a n t   w e l l ,   w h i c h   a f t e r   a l l ,   i s   t a k i n g   w a t e r   f r o m   b e n e a t h   s a n d   d u n e s .   T h e   o n l y   p r o j e c t   t h a t   c a n   r e a s o n a b l e   a s s u m e   a   l o w   l e v e l   o f   o r g a n i c s   i n   s o u r c e   w a t e r   i s   D W D   T h e   R e p o r t   r i g h t l y   a s s u m e s   t h a t   D W D   a n d   P M L   w i l l   a d d   s e c o n d   p a s s   r e v e r s e   o s o m o s i s ,   j u s t   l i k e   C a l   A m   p r o p o s e s .   W e   c a n ' t   a f f o r d   t o   s p e n d   t h i s   m u c h   m o n e y   a n d   t h e n   h a v e   a   p o o r   t a s t i n g   s u p p l y   o f   w a t e r .   T h a t   w o u l d   b e   a   h o r r i b l e   o u t c o m e   D i s a g r e e ,   t h e   l e v e l   o f   o r g a n i c s   i n   w e l l   s u p p l i e s   i s   g e n e r a l l y   l o w e r   t h a n   i n   o p e n   i n t a k e s .   A g r e e d .   1 2 2   A l a n   H a i f a   1 2 3   A l a n   H a i f a   3 - 2   1 1 / 2 7 / 2 0 1 2   T h e   r e p o r t   s a y s   t h a t   C a l   A m   w i l l   h a v e   t o   a c q u i r e   l a n d   f o r   i t s   t r e a t m e n t   f a c i l i t y   t h a t   i t   d o e s   n o t   o w n   a n d   t h a t   i t   c o u l d   u s e   e m i n e n t   d o m a i n .   I t   w a s n ' t   c l e a r   t o   m e   t h a t   t h e   c o s t i n g   i n c l u d e d   t h e   c o s t   o f   t h i s   l a n d   a c q u i s i t i o n   a n d   l i k e l y   c o u r t   r e l a t e d   c o s t s   i f   i t   w e n t   t o   e m i n e n t   d o m a i n .   A s i d e   f r o m   t h a t ,   I   d o n ' t   k n o w   t h a t   w e   w a n t   t o   b e   a s s o c i a t e d   w i t h   a   p r o j e c t   t h a t   h a s   t o   u s e   e m i n e n t   d o m a i n   i f   o t h e r   o p t i o n s   a r e   a v a i l a b l e .   B a s e d   o n   t h i s ,   I   h a v e   e v e n   m o r e   c o n c e r n s   w i t h   t h e   C a l A m   p r o p o s a l   b o t h   b e c a u s e   o f   t h e   S l a n t   W e l l s   ( a e s t h e t i c   i m p a c t   A N D   e r o s i o n   a n d   c o s t   o f   r e b u i l d i n g )   a n d   t h e   p o t e n t i a l   l i t i g a t i o n   o v e r   e m i n e n t   d o m a i n ,   A d d i t i o n a l l y ,   i t   i s   s t i l l   t h e   m o s t   e x p e n s i v e   p l a n   e v e n   w h e n   y o u   a s s u m e   c o m p a r a b l e   b o n d   r a t e s ,   w h i c h   i s   a   b a d   a s s u m p t i o n .   T h e   c o s t   o f   e m i n e n t   d o m a i n   a c q u i s i t i o n   o f   C a l   A m ' s   s i t e   i s   n o t   e x p e c t e d   t o   s i g n i f i c a n t l y   i n c r e a s e   c o s t   o r   t h e   o v e r a l l   p r o j e c t   s c h e d u l e .   C a l   A m   i s   a c t i v e l y   e n g a g e d   i n   a c q u i r i n g   i t s   p r o p o s e d   s i t e   a t   t h i s   t i m e .   1 2 4   D o n   L e w   N A   1 2 / 4 / 2 0 1 2   M o s s   L a n d i n g   C o m m e r c i a l   P a r k w a y   ( M L C P )   p r o v i d e d   S P I   w i t h   f u l l   r e s p o n s e s   t o   t h e i r   r e q u e s t s   f o r   i n f o r m a t i o n   r e g a r d i n g   t h e   p r o p o s e d   d e s a l   p l a n t   a t   M L C P .   T h e   i n f o r m a t i o n   p r o v i d e d   b y   M L C P   h a s   b e e n   d i s t o r t e d   i n   t h e   e v a l u a t i o n   p r e p a r e d   b y   S P I   a n d   d o e s   n o t   a c c u r a t e l y   r e f l e c t   o u r   r e s p o n s e s .   W e   f e e l   w e   f a i r l y   r e p r e s e n t e d   i n f o r m a t i o n   p r o v i d e d   b y   P M L   i n   o u r   .  e v a l u a t i o n   a n d   r e p o r t .   P a g e   1 2   o f   1 3    M P R W A . D r a f t R e p o r t . l i e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 156, Packet Page 182 I N A P R W A   E V A L U A T I O N   O F   S E A W A T E R   D E S A L I N A T I O N   P R O J E C T S   N o v e m b e r   2 0 1 2   D r a f t   R e p o r t   R e v i e w   C o m m e n t s   a n d   R e s p o n s e s   D R A F T   R E P O R T   .   .  C O n n e n t ' 3 y   ' P ' a - g o   N o .   . D a t i e -    : o f   C o m m e n t     -    ,   C o m m e n t s -   R e s p o n s e / A c t i o n   1 2 5   D o n   L e w   N A   1 2 / 4 / 2 0 1 2   W e   w i l l   n o t   c o n t i n u e   t o   p a r t i c i p a t e   i n   a   s o - c a l l e d   c o m p a r i s o n   w h e n   t h e   i n f o r m a t i o n   p r o v i d e d   t o   y o u   f o r   c o m p a r i s o n   h a s   b e e n   d i s t o r t e d ,   m i s i n t e r p r e t e d   a n d   c h a n g e d   w i t h o u t   o u t   p e r m i s s i o n .   T h e   r e p o r t   i s   s o l e l y   t h e   w o r k   p r o d u c t   o f   S P !   a n d   K H C .   1 2 6   D o n   L e w   N A   1 2 / 4 / 2 0 1 2   I f   y o u   w a n t   i n f o r m a t i o n   a s   t o   w h a t   w e   a r e   r e f e r r i n g   t o   w i t h   r e g a r d   t o   t h e   i n a c c u r a c i e s   p l e a s e   c a l l   m e   s o   t h e   s u p p o r t i n g   d o c u m e n t a t i o n   c a n   b e   p r o v i d e d   t o   y o u .   I  c a n   b e   r e a c h e d   a t   9 2 5 - 5 8 6 - 2 4 3 3 .   P e r   i n s t r u c t i o n s   f r o m   t h e   M P R W A ,   a l l   c o m m e n t s   w e r e   t o   b e   p r o v i d e d   i n   w r i t i n g .   P a g e   1 3   o f   1 3   M P R W A . D r a f t R e p o r t . R e v i e w C o m m e n t s   MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 157, Packet Page 183 EXI I IT 8  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 158, Packet Page 184 TO:  FROM:  DATE:  SUBJECT:  MEMORANDUM  Mayor Jason Burnett, Chair Technical Advisory Group  Kris Helm, Consultant  January 29, 2013  Permitting Concerns, Open Intake  You asked for additional information regarding the preference of regulatory agencies for the type of  intake structure to be used for ocean desalination plants. Unfortunately, there has not been formal  rulemaking completed to provide the rules for approval of new intakes. In our report we noted that the  State issued an "Ocean Desalination Planning Handbook" which may offer some helpful advice. I think  that the clearest statements regarding the evaluation of these intakes may be in the NOAA policy  guidelines for the Monterey Bay National Marine Sanctuary (MBNMS).  It is possible that the State Water Resources Control Board could initiate a rulemaking which would  prescribe standards for' a new intake structure. This would be done under authority similar to Section  316b of the Clean Water Act wherein the regulation of intake structures is a part of the regulation of  waste discharge enabled by the intake. But as noted in our report, that is highly speculative. It is clear  however that NOAA will have discretionary approval for any new intake structure and would act after  reviewing the actions of the California Coastal Commission and other State agencies.  In our report, I paraphrased the applicable sections of the State and Federal Policies. Below I have  reproduced a portion of the Guidelines from NOAA. I believe the Coastal Commission would have very  similar concerns.  Guidelines for Entrainment and Impingement:  o  All desalination plants in the MBNMS should be designed and sited to avoid and minimize  impingement and entrainment to the extent feasible. Desalination project proponents should  investigate the feasibility of using subsurface intakes as an alternative to traditional intake  methods. Other options for consideration should include, but may not be limited to: vertical  and radial beach wells, horizontal directionally drilled (HDD) and slant-drilled wells, seabed  filtration systems and other sub-seafloor structures. Where feasible and beneficial,  subsurface intakes should be used. It must be ensured however, that they will not cause  saltwater intrusion to aquifers, negatively impact coastal wetlands that may be connected to  the same aquifer being used by the intake, and they must address the likelihood of increased  coastal erosion in the future. Subsurface intakes have the potential to minimize or eliminate  impingement and entrainment impacts and improve the performance and efficiency of a  desalination project by providing a certain level of pretreatment.  o  In cases where it has clearly been determined that sub-surface intakes are not feasible and  that an open ocean intake is necessary, the use of appropriately sited existing pipelines of  acceptable structural integrity should be investigated and if feasible, pursued, to minimize  impacts to the seafloor. If a new pipeline is necessary, subseafloor placement should be  evaluated to minimize disturbances to biological resources and to recreational and  commercial activities.  o  When it is necessary to use an open ocean intake, other methods to minimize impingement  and entrainment should be evaluated and pursued. These should include design alternatives  such as placement of the intake structure to avoid sensitive habitat or highly productive  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 159, Packet Page 185 areas, screening the intake ports, if feasible, increasing the number of intake ports, or  decreasing the intake velocity. The project proponent should determine expected entrainment  and impingement impacts associated with various intake velocities and screen mesh sizes,  based upon long-term monitoring data from the area, including diurnal and seasonal  variations in planktonic abundance and location. Any impacts to EFH and the biota it supports  that cannot be avoided through project design or operations will require mitigation, as per  NMFS' regulatory requirements. The necessary level of mitigation is to be determined  through the use of a biologically based model, such as the habitat production foregone  method, in order to account for all "non-use" impacts to affected biota. Mitigation projects  should attempt to directly offset the impacted species or habitat (in-place, in-kind mitigation)  although NOAA will work with the project proponent to identify appropriate mitigation if this is  not possible.  I think the guidelines adequately describe the standards that the proponent of an open-water intake  would have to meet. In addition to describing the impacts of the new intake upon the MBNMS, the  proponents would likely have to prove that a subsurface intake is either infeasible, or environmentally  less desirable than the proposed open water intake. As further noted in the guidelines, evaluations of  subsurface intakes would include not only slant wells, but radial collectors and engineered modifications  to the seabed.  The regulations obviously place a burden upon the proponent of an open water intake. Indeed it  appears impossible to obtain permission to install an open-water intake without a convincing analysis of  why it is preferable to any of several types of subsurface intake. If the initial analysis that is prepared in  CEQA/NEPA is deemed inadequate by either the Coastal Commission or the NOAA to address the  preference for subsurface intake specified in the policy guidelines, it is likely that a substantial delay  could result from the regulatory agencies requiring additional and substantial analyses.  In addition to the above guidelines, I think it is important to note that the Coastal Commission would  review the project based upon how it "protects and enhances" the marine environment. Thus I believe  it is quite possible that for either a subsurface or an open water intake, the Coastal Commission would  require mitigation programs not just to offset impacted species or habitat, but also to enhance the  biota.  It is, I think, important to note that the policy guidelines also specify a need to justify an ocean  desalination project against other alternatives such as conservation and water recycling. Moreover, the  guidelines propose that any individual project be evaluated in the context of cumulative impacts from all  projects in the region that would withdraw water from the MBNMS. In my mind the MPWMA and the  MPWMD should cooperate with other entities in the region to describe the likely and necessary extent  to which projects may rely upon water from the Monterey Bay and the return of waste brine. As one  anticipates larger and larger uses of seawater cumulatively, it seems that the economic and  environmental impacts of subsurface intakes become more severe. Indeed, it seems possible that for  projects larger than some size (unknown to me), it would be infeasible to rely upon a subsurface intake.  This is exemplar of why I feel it is important for public agencies tied to the local community perform the  evaluations of preferred methods of intake for ocean desalination projects. Those agencies must  decide:  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 160, Packet Page 186 o  What is the size of regional projects that should be evaluated in cumulative impact  analyses?  o  What are the economic criteria for assessing the feasibility of subsurface versus open  intake? When does the economic advantage of one alternative become compelling?  o  What additional investment is appropriate to enhance the marine environment  compared to mitigating adverse impacts?  In any event, it is clearly in the interest of the Water Management Authority that the methods of intake  be thoroughly evaluated and compared.to determine both a preferred method of intake and an  appropriate mitigation program that protects the public trust values in the MBNMS.  MPRWA Meeting,  2/28/2013 , Ìtem No. 2., Ìtem Page 161, Packet Page 187   Monterey Peninsula Regional Water Authority   Agenda Report    Date:  February 28, 2013  Item No:  3.      №08/12      FROM:  Prepared By: Clerk to the Authority      SUBJECT:  Discuss Opportunity for Video Transmission Services through Access Monterey  Peninsula (Milton)    DISCUSSION:     There is no written report for this item at this time. An oral will be provided at the meeting.     MPRWA Meeting,  2/28/2013 , Ìtem No. 3., Ìtem Page 1, Packet Page 189