ALJ/KK3/avs Date of Issuance 3/29/2012

Decision 12-03-037 March 22, 2012

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Everyday Energy Corp. d/b/a Everyday Energy, Complainant, vs. San Diego Gas & Electric Company, Defendant.

Case 11-09-013 (Filed September 19, 2011)

John L. Clark, Goodin, MacBride, Squeri, Day & Lamprey, LLP; for EveryDay Energy Corp.
d/b/a Everyday Energy, complainant.

Emma D. Salustro, Attorney at Law, for
San Diego Gas & Electric Company, defendant.

DECISION GRANTING MOTION TO DISMISS

1. Summary

Everyday Communications Corp. dba Everyday Energy (Complainant or Everyday Energy) complains against defendant San Diego Gas & Electric Company (SDG&E), and requests the Commission issue an order determining that SDG&E improperly refused to allow a property, where Complainant has contracted to install a solar photovoltaic generating system, to take service under SDG&E's electric tariff Schedule VNM-A and ordering SDG&E to pay reparations for amounts that Complainant incurs in making the modification needed for the property to receive service under SDG&E's direct net metering tariff schedule. SDG&E moves to dismiss for failure to state a cause of action. We grant the motion.