ALJ/BWM/sid DRAFT CA-8

1/23/2002

Decision DRAFT DECISION OF ALJ MATTSON (Mailed 12/21/2001)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Petition of Poly-Tainer, Inc. for Modifications of Resolution E-3707. Southern California Edison Company (SCE) requests modification of its Economic Development Rate Agreements to reduce the minimum charge provision.

Application 01-08-004 (Filed August 1, 2001)

OPINION GRANTING APPLICATION OF POLY-TAINER, INC.

PETITIONING FOR MODIFICATION OF RESOLUTION E-3707

REGARDING SOUTHERN CALIFORNIA EDISON COMPANY

ECONOMIC DEVELOPMENT RATES

1. Summary

Certain customers of Southern California Edison Company (SCE) subscribe to an economic development rate (EDR). These customers have agreed to locate, retain or expand load within SCE's service area in return for a discount from charges under the customers' otherwise applicable tariff (OAT). EDR customer bills are subject to a minimum charge. The minimum charge has resulted in charges under the EDR exceeding charges under the OAT several times since mid-2000.

Resolution E-3707 modified the minimum charge effective December 7, 2000, but declined to limit the minimum charge to the amount that would result under the OAT. Based on events after December 7, 2000, Poly-Tainer, Inc. (applicant) seeks modification of Resolution E-3707. Applicant proposes that EDR customers be allowed to opt-out of EDR agreements effective December 7, 2000, with all liquidated damages under the minimum charge provision waived. The application is granted, and implementation details are adopted.