Conclusions of Law

1. We affirm the scoping memo's preliminary determination that evidentiary hearings are not necessary.

2. Section 736 requires a complaint for damages to be filed with the Commission within three years from the time the cause of action accrues, and not after. Therefore, we cannot award late payment charges for Claim RAL-022207.

3. The Commission policy underlying Verizon's Tariff Rule 10(E), as articulated in Decision 85-01-024, provides that customers who pay a bill subject to a late payment charge which is in error shall receive a comparable 1.5% penalty on the amount in error from the utility.

4. Under its Tariff Rule 10(E), Verizon should pay CHLB $1,744.64 in late payment charges under Claim number CAL-031307.

ORDER

IT IS ORDERED that:

1. Verizon California, Inc. shall pay Community Hospital of Long Beach $1,744.64 under Claim number CAL-031307.

2. Case 09-05-010 is closed.

This order is effective today.

Dated December 16, 2010, at San Francisco, California.

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