Judge to Hear SDG&E;’s Claim Disputing Water Board Power

A specially appointed Superior Court judge Tuesday will hear San Diego Gas & Electric Co.’s claim that state law prohibits the San Diego County Water Authority from spending $940,000 to determine whether a government agency could acquire SDG&E; and operate it as a municipal utility.

SDG&E; had hoped to halt the Water Authority’s proposed feasibility study during a Friday hearing before San Diego Superior Court Presiding Judge Michael Greer. However, Greer told the two parties that no new civil trials will begin until the courts erase a considerable backlog of felony criminal cases.

“I do not have a judge available for this civil matter or any other civil matter,” Greer said. “There is no (courtroom) for you and there is no judge for you.”

Greer subsequently allowed SDG&E; and the Water Authority to hire a former judge to hear the case. Harry Wolters, a retired judge who recently moved to the county, will be sworn in as a temporary judge, Greer said. SDG&E; and the Water Authority agreed to absorb the court costs.

During their brief appearance before Greer, SDG&E; attorneys described their suit as “a complex case that raises very complex questions of law.” A public takeover of the utility would create “the largest condemnation case this nation has ever seen,” they said.

SDG&E;, in court documents filed Friday, argued that the Water Authority has already admitted it “lacks the actual power to condemn, acquire, own or operate SDG&E;’s gas and electric utility system.” SDG&E; argued that it is “pure speculation” to believe that the Legislature would pass legislation giving the agency that authority.

Spending nearly $1 million to study “the theoretical feasibility of municipalizing SDG&E; is wasteful and illegal,” the utility’s court filing says.

The Water Authority’s board approved the $940,000 expenditure at its Thursday meeting.