THEREFORE, IT IS ORDERED that:

1. Advice Letter 1461-E, filed on July 3, 2000 by Southern California Edison Company (SCE), is approved with modification.

2. The August 1, 2001 application by Poly-Tainer, Inc., petitioning for modification of Resolution E-3707, is granted with modification.

3. To the extent SCE has not already done so, SCE shall, within 30 days of the date this resolution is mailed, provide written notice to all Economic Development Rate (EDR) customers. The notice shall state that: (1) SCE billed customers a minimum charge different than the rate approved by Decision (D.) 96-08-025, (2) EDR customers are responsible for the charges that were approved by D.96-08-025, (3) EDR customers shall be credited for any over-collections by SCE, and (4) in the future EDR rates shall not be capped at OAT rates. SCE should indicate in this notice if it intends to have its shareholders absorb EDR rate differences, to the extent described in the discussion section of this resolution.

4. To the extent SCE has not already done so, SCE shall, within 10 days of the date this resolution is mailed, file revised tariff sheets. The revised tariff sheets shall: (1) close the EDR tariffs to new customers, and (2) revise the minimum charge provisions to comply with Decision 96-08-025. The tariff sheets shall become effective upon filing, provided the Energy Division staff determines they are consistent with this Resolution. In addition, SCE shall indicate in this filing whether or not it has chosen the option to have its shareholders absorb EDR rate differences, to the extent described in the discussion section of this resolution.

5. To the extent SCE has not already done so, SCE shall review all bills of EDR customers, and credit customers for periods when they were billed the minimum charge with that charge based on a Power Exchange (PX) price higher than Short Run Avoided Cost.

6. The Energy Division Director's suspension of the tariff sheets attached to Advice Letter 1461-E is affirmed. The tariff sheets attached to Advice Letter 1461-E, as originally filed, never became effective.

7. SCE shall, within 10 days of the date this resolution is mailed, file revised EDR tariffs. The tariffs shall permit EDR customers to opt-out of EDR tariffs effective December 7, 2000, with all liquidated damages waived. The opt-out option is available to current EDR customers, and prior EDR customers who opted-out on or after July 1, 2000 and paid, or incurred the obligation to pay, liquidated damages. The tariffs shall provide that the option is available for a 30-day period beginning on the date that the EDR customer is notified by SCE of the option. The advice letter filing including the tariffs shall also include a draft notice required in Ordering Paragraph 8 of this Resolution. When SCE files its advice letter, it shall provide a copy of the draft notice to the Public Advisor's office. The revised tariffs shall become effective one day after filing unless suspended by the Energy Division Director.

8. SCE shall, within 30 days of the effective date of the revised tariffs, notify all EDR customers of the changes in the revised tariffs. Prior to notifying customers, SCE shall provide a draft notice to the Public Advisor's office as set forth in Ordering Paragraph 7 of this Resolution. SCE shall notify customers after the draft notice is approved by the Commission's Public Advisor.

9. This Resolution is effective today.

This Resolution is effective today. I certify that the foregoing resolution was duly introduced, passed and adopted as an attachment to Decision 02-01-______, at a conference of the Public Utilities Commission of the State of California held on ____________________, 2002.

 

WESLEY M. FRANKLIN

Executive Director

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