The meeting will be led by the California State Waterboard to provide information about their pursuit of a receivership of BBWC. The meeting will include questions about both the drinking water and Big Basin Sanitation.
1. We are aware your agency is seeking a receivership of BBWC for its drinking water operations. Are you able to give customers an
estimate of when we can expect the receivership application to be formally filed? Is there a protocol for notifying customers when it is filed?
2. If the receivership is granted, is there a protocol for notifying customers?
3. Please explain what a receivership is, what steps in the process are required, and why you are requesting this for BBWC.
4. We understand there are two separate receivership applications in progress, one for BBWC and one for BB Sanitation. We understand these are two separate cases currently. If both are granted, will the two receivers work together to coordinate both receiverships?
5. Is it possible that these two separate receiverships will be combined into one, so only one receiver would oversee the operations of both drinking water and sanitation?
6. According to publicly available CPUC records, BBWC's drinking water and sanitation operations constitute five different business entities. Will both drinking water and sanitation receiverships include all these different business entities?
7. Will the proceeding to establish the receivership prevent the private sale of BBWC?
8. Are the five business entities of BBWC and Big Basin Sanitation, as LLCs and other types of corporations, protected against any actions by a receiver? If yes, what actions?
9. What powers will you recommend a receiver be granted for BBWC's drinking water systems?
10. Who decides what powers are granted to the receiver? Who can provide input?
11. Can the powers of the receiver be expanded if necessary? If so, what is the process?
12. If BBWC declares bankruptcy before or during the appointment of a receiver, how does that affect the receivership?
13. Would a lawsuit against BBWC before or during a receivership affect the receivership and its duties and powers? If yes, in what ways?
14. Will the customers of BBWC be allowed to give input during and after the receivership process? Will public comment periods be allowed and by what methods, such as public hearings or letters?
15. How will the water board ensure continuation of drinking water and sanitation services to customers during the process of referral and/or receivership?
16. Does BBWC alone have to pay the costs of a receivership? If not, what other entities will pay for it and how?
17. If BBWC is solely responsible for the cost of a receivership sought by the state, can this cost be passed on to customers?
18. What if BBWC cannot afford the extra costs of paying for a receiver? How does the Water Board ensure that the company can pay for a receiver and continue to provide drinking water and sewer service?
19. During the receivership process, what mechanisms will be put in place to keep customers informed of its progress?
20. Will the receiver be communicating directly with customers? If yes, in what ways?
21. BBWC has confirmed they have a signed purchase agreement from another private company. How does this affect the receivership?
22. What compliance issues will BBWC be required to address before acquisition by another entity?
23. Does your agency have the jurisdiction to file an injunction to prevent a sale to a private company if that sale is not in the best interests of the customers?
24. Can a judge or receiver prevent the sale of the assets, such as the watershed or timber rights, of BBWC or its five entities, being sold by the owners to have those assets excluded from a lawsuit or receivership? If any assets are sold prior to the appointment of a receiver, what jurisdiction does the receiver or judge have to nullify the transaction?
25. Some customers of BBWC have consulted a lawyer. The understanding is, a receiver can halt the sale of the company and the receiver can be granted the ability to sell assets owned by BBWC. Will the water board recommend these powers be granted to the appointed receiver?
26. Can a receiver be granted the ability to sell personal assets owned by individual company owners to pay off debts?
27. How does the receivership process affect BBWC's pending rate increase request being handled by the CPUC?
28. Does the CPUC have a role in the receivership?