3. Procedural History

The procedural history in this proceeding is outlined in the table below:

3.1. Mediation Conference

At the prehearing conference the parties agreed to enter into confidential mediation discussions, in an attempt to resolve any or all issues in this matter before proceeding with an evidentiary hearing (EH). The mediation conferences were facilitated by a third-party neutral Administrative Law Judge (ALJ) assigned to this case for that purpose.

In their complaint, the Archibeks expressed concern with the power being restored, especially in light of the high temperatures experienced in the desert area where they resided and farmed. As a result of the first mediation conference in Barstow, SCE agreed to restore service to the Archibek properties, including Field 3, after the payment of a deposit. Both parties also agreed to continue the mediation at a later date regarding the back-billing issue. No further settlement was reached as a result of the second mediation conference held in San Bernardino, but the parties did request additional time to research and review documents before holding a possible third mediation session, or, alternatively, an EH.

A third mediation conference was scheduled, also for San Bernardino, but the Archibeks did not appear due to a misunderstanding of the scheduled date. At that point, both parties decided to proceed with an EH instead of any further mediation.

3.2. Evidentiary Hearing

A one-day evidentiary hearing in this matter was held in Upland on February 26, 2008. Eric Archibek appeared for himself and presented three exhibits: (1) the cover page of the title company document, dated June 12, 1998, showing the subject parcel being deeded to Kasner; (2) the written agreement between himself and Kasner, dated January 5, 1998, regarding the responsibilities for the farming operation of the parcels (Fields 2 and 3)3; and (3) a printed copy of a one-page e-mail served by Eric Archibek as his prepared direct testimony.

SCE was represented by in-house counsel and presented three witnesses: (1) Kasner, who testified to his understanding of the sale, farming operation and maintenance of the parcel(s); and (2) SCE employees Vanessa Kirkwood and Paula Piercy, both of whom were responsible for various elements of SCE's billing and customer service processes related to the subject complaint. SCE presented 11 exhibits that included: (1) a deposition of Kasner taken on behalf of SCE in June 2007; (2) prepared direct testimony of its other witnesses; (3) hand drawn maps of the properties in question, related billing records and correspondence; and (4) records related to the Archibeks' bankruptcy filing. All of the exhibits by both parties were received into evidence.

The briefing schedule developed at the EH called for opening briefs to be filed on March 27, 2008, and reply briefs on April 7, 2008. SCE timely filed an opening brief. The Archibeks did not file an opening brief. Neither SCE nor the Archibeks filed reply briefs. The matter was submitted on April 7, 2008.

3 The agreement throughout erroneously identifies Eric Archibek as "Erik" Archibek. Neither party raised this issue.

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