5. Discussion

We find that the Archibeks are the party responsible for the subject back-bill. The Archibeks were the customer of record during the entire three-year period in question, and used the electric service provided by SCE during that time. The written agreement between Kasner and Eric Archibek does not change the status with respect to the customer of record, and the agreement further does not obligate Kasner to be responsible for the subject back-billing.

This case is complicated by the passage of time (5 ½ years between the issuance of the disputed bill and complaint being filed, and another 14 months for the EH to be held), lack of recordkeeping by all parties, the Archibeks pending bankruptcy and history of late or non-payments to SCE, Kasner's lack of oversight of the farming operation which he owned, and SCE's 2001-2005 collection efforts.

SCE's authority to back-bill is not in dispute. SCE Tariffs (Rules 17-D through 17-F) and other Commission rules and orders permit back-billing of commercial customers for a period not to exceed three years, including cases of billing errors where SCE is at fault. The two cases cited by SCE regarding back-billing (D.93-05-004, Brixey v. SCE; and D.06-06-011, Pacific Continental Textiles v. SCE) also support the position that the user of electric service should be responsible for payment of the service.

Regarding the Archibeks' bankruptcy filing, SCE contends the Archibeks acknowledged their responsibility for the subject back-bill by including it in the filing. We do not agree. The back-billed debt still was recorded by SCE, and the Archibeks could not ignore the debt in their bankruptcy filing simply because the matter was in dispute.

Regarding the Field 3 meter, neither party presented sufficient evidence to determine the accuracy of the meter readings, when/if the meter was operating accurately during the subject three-year period, or how SCE segregated the first year of non-billing (1997-1998) from the three-year back-bill period (1998-2001). In view of the above, we are not considering the accuracy of the meter as a determining factor in today's decision.

In conclusion, we find that the Archibeks are responsible for the subject back-bill.