3. Extent of the Past Period

Applicant contends that the refund period begins August 1, 2007, the effective date of D.07-07-040. However, for the reasons set out below, we find that the Past Period is the period from April 1, 2005 to the effective date of a commission-approved tariff.

Chevron's complaint for refund of overcharges [C.08-03-021] was filed under Pub. Util. Code § 494 in March of 2008. Complaints filed under § 494 must be brought within the three-year limitation period set forth in Pub. Util. Code § 736. Chevron's complaint was based on D.07-07-040. In that decision, we found that Chevron had access to the Pipeline via buy-sell agreements for the five years prior to the decision, i.e., from at least July 2002,²⁵ and that during that period the Pipeline was in the business of transporting oil for a fee, using buy-sell agreements to set the fee.²⁶ We further found that by transacting business in this way, the owners of the Pipeline had impliedly dedicated it to public use.²⁷ A pipeline dedicated to public use is a public utility subject to the jurisdiction of this Commission²⁸ and, as such, required to provide service at just and reasonable rates to all shippers on equal terms.²⁹ Thus, any charges imposed on Chevron by the Pipeline in the three years preceding the filing of Case (C.) 08-03-021 in excess of those based on just and reasonable rates are subject to refund under § 494. Although the other Independent Shippers (Valero and Tesoro) filed refund claims later than Chevron, when the assigned Administrative Law Judge (ALJ) consolidated the refund cases with the San Pablo Bay Pipeline Company rate case, all parties including Applicant treated April 1, 2005 as the earliest date for which refunds could be sought. Accordingly, all refund claims will be measured from that date forward.

²⁵ D.07-07-040, Finding of Fact 8.

²⁶ Ibid., Conclusion of Law 8.

²⁷ Ibid., Conclusion of Law 9.

²⁸ Ibid., Conclusion of Law 1.

²⁹ Pub. Util. Code §§ 451 and 453.