Ventura County Waterworks District No. 5

61 Cal. 2d 462 (1964), 393 P.2d 168

The Court reversed a Commission decision granting a Certificate of Public Convenience and Necessity to a private water corporation.  The Court held that the Commission had erroneously “excluded all evidence that the [public] district [Petitioner] could provide better and more economical service than [the water corporation].”  The Court noted that a certified entity was entitled to a hearing before a competitor could be granted a CPCN.  (Section 1005.)   Why Section 1005 has not been amended to exclude competitive industries is a mystery.

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