ALJ/CMW/jt2 Date of Issuance 12/27/2010

Decision 10-12-030 December 16, 2010

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Community Hospital of Long Beach, Complainant, vs. Verizon California, Inc. (U1002C), Defendant.

Case 09-05-010 (Filed May 11, 2009)

DECISION RESOLVING COMPLAINT

Summary

The issue in dispute in this complaint is Community Hospital of Long Beach's request for $27,854.52 in late payment charges related to two claims. This decision finds that the record does not support a finding that Community Hospital of Long Beach could not have reasonably discovered prior to 2007 that Verizon California Inc. had made a billing error under Claim number RAL-02207, and therefore, the three-year statute of limitations under Public Utilities Code Section 736 prohibits an award of late payment charges. For Claim number CAL-031307, we find that Community Hospital of Long Beach did act within the three-year statutory period of time and is therefore entitled to an award of $1,744.64 in late payment charges pursuant to Verizon's Tariff Rule 10(E).

The proceeding is closed.