III. Description of Settlement

The settlement provides as follows:

A. The parties affirm the defendants are now in compliance with Section 739.5

1. Franciscan Mobile Home Park (Franciscan)

On June 9, 2000, Franciscan received its bill for natural gas service from PG&E covering usage during the period of April 26, 2000 to May 26, 2000. The bill, dated May 2000, included the Gas Refund Credit in the amount of $33,572.08 from PG&E. Franciscan took no action to return the Credit to its sub-metered customers. The Credit did not appear on Franciscan's sub-metered customers' bills for July or August.

On August 16, 2000, subsequent to having been contacted by TURN and CMHRAA, Franciscan calculated the rebate owed to each of its sub-metered customers and credited the accounts of its sub-metered customers. The Credit appeared on the September bills mailed to Franciscan tenants.

2. Four Seasons Mobile Home Park (Four Seasons)

On May 25, 2000, Four Seasons received its bill for natural gas service from PG&E covering usage during the period of April 21, 2000 to May 22, 2000. The bill, dated May 22, 2000, included the Gas Refund Credit totaling $8,074.68 from PG&E. The Credit did not appear on Four Seasons' sub-metered customers' bills for June, July or August.

On July 28, 2000, TURN and CMHRAA mailed a letter to Four Seasons demanding that Four Seasons return the Gas Refund Credit. On July 11, 2000, the billing company hired by Four Seasons calculated the rebate owed to each of its sub-metered customers and placed a credit on the September bills mailed to Four Seasons' tenants.

3. Rancho Santa Teresa Mobile Home Park (Rancho Santa Teresa)

On May 31, 2000, Rancho Santa Teresa received its bill for natural gas service from PG&E covering usage during the period April 24, 2000 to May 24, 2000. The bill, dated May 24, 2000, included the Gas Refund Credit totaling $17,094.78 from PG&E. The Credit did not appear on Rancho Santa Teresa's sub-metered customers' bills for June, July or August.

On August 22, 2000, Rancho Santa Teresa calculated the rebate owed to each of its sub-metered customers and credited the accounts of its sub-metered customers. The Credit appeared on the September bills mailed to Rancho Santa Teresa tenants.

4. Diablo Mobile Lodge (Diablo)

On May 3, 2000, Diablo received its bills for natural gas service from PG&E covering usage during the period April 3, 2000 to May 2, 2000. The bills included the Gas Refund Credits from PG&E totaling $3,276.16. The Credit did not appear on Diablo's sub-metered customers' bills for June, July or August.

On July 28, 2000, TURN and CMHRAA mailed a letter to Diablo demanding that Diablo return the Credit immediately. On September 1, 2000, subsequent to the receipt of TURN and CMHRAA's demand letter, Diablo calculated the rebate owed to each of its sub-metered customers. The Credit appeared on the September bills mailed to Diablo's tenants.

5. Friendly Village Mobile Home Park (Friendly Village)

Beginning in May 2000, Friendly Village received its bills for natural gas service from PG&E and Unicom containing Gas Refund Credits. PG&E gave a gas rebate to Unicom in the amount of $12,231.98. Unicom passed that rebate on to the park in increments. As of the October 2000 Unicom bill, the park had received a total of $3,450.20 in rebates. The Credit did not appear on Friendly Village's sub-metered customers' bills for June, July, August, September or October.

On July 30, 2000, TURN and CMHRAA mailed a letter to Friendly Village demanding that they return the Credit immediately. In late October 2000, Friendly Village calculated the rebate owed to each of its sub-metered customers and, instead of crediting just the amount that the Park had thus far received in rebates, Friendly Village decided to refund the entire amount, even though it will not receive the entire rebate amount until the middle of 2001. The Credit appeared on the November bills mailed to Friendly Village's tenants.

6. Pepper Tree Estates Mobile Home Park (Pepper Tree)

In May 2000, Pepper Tree received its bill for natural gas service from PG&E covering usage during the previous month. The bill included the Gas Refund Credit from PG&E in the amount of $9,705.13. The Credit did not appear on Pepper Tree's sub-metered customers' bills for June, July or August.

On August 7, 2000, TURN and CMHRAA mailed a letter to Pepper Tree demanding that Pepper Tree return the Credit immediately, or be named as a Defendant in a complaint filed with the Commission or an appropriate state court. On August 17, 2000, subsequent to the receipt of TURN and CMHRAA's demand letter, Pepper Tree calculated the rebate owed to each of its sub-metered customers and credited the accounts of its sub-metered customers. The Credit appeared on the September bills mailed to Pepper Tree's tenants.

7. Spanish Ranch No. 1 Mobile Home Park (Spanish Ranch)

On June 6, 2000, Spanish Ranch received its bill for natural gas service from Enron covering usage during the previous month. The bill included a $9,999.99 Gas Refund Credit from PG&E. Subsequent bills include credits of $9.999.99 on July 11 and $6,773.28 on August 7. The total credits provided to Spanish Ranch over the three months was $26,773.26. The Credit did not appear on Spanish Ranch's sub-metered customers' bills for June, July or August.

On August 17, 2000, subsequent to having been contacted by the homeowners board based on information provided to them by CMHRAA and TURN, Spanish Ranch calculated the rebate owed to each of its sub-metered customers and credited the accounts of its sub-metered customers. The Credit appeared on the September bills mailed to Spanish Ranch's tenants.

8. Riverbend Mobile Home Park (Riverbend)

On May 18, 2000, Riverbend received its bill for natural gas service from PG&E covering usage during the previous month. The bill included the Gas Refund Credit from PG&E which totaled $5,959.82. The Credit did not appear on Riverbend's sub-metered customers' bills for June, July or August.

On August 8, 2000, subsequent to having been contacted by a CMHRAA member residing in the park, Riverbend calculated the rebate owed to each of its sub-metered customers and credited their accounts. The Credit appeared on the September bills mailed to Riverbend's tenants on August 25, 2000.

9. Hilton Mobile Home Park (Hilton)

On May 17, 2000, Hilton received its bill for natural gas service from PG&E covering usage during the previous month. The bill included the Gas Refund Credit from PG&E which totaled $2,511.11. The credit did not appear on Hilton's sub-metered customers' bills for June, July, August or September.

On August 30, 2000, subsequent to the filing of the instant complaint at the Commission and being contacted by representatives of the Western Manufactured Housing Communities Association, Hilton calculated the rebate owed to each of its sub-metered customers and credited their accounts. The credit appeared on the October bills mailed to Hilton's tenants.

10. Hillview Mobile Home Park (Hillview)

In mid-June 2000, Hillview received its bill for natural gas service from PG&E covering usage during the previous month. The bill included a $1,120.33 Gas Refund Credit from PG&E. A subsequent PG&E bill received in July included a $212.63 Gas Refund Credit. The total Credit received from PG&E was $1,332.96. Through the September billing cycle, the Credit did not appear on Hillview's sub-metered customers' bills.

On August 30, 2000, subsequent to having been contacted by TURN and CMHRAA, Hillview calculated the rebate owed to each of its sub-metered customers and credited their accounts. The Credit appeared on bills mailed to Hillview's tenants as part of their October billing statement.

B. Disposition of the Complaint

The parties agree that the stipulation set forth in the agreement satisfies all claims raised in the complaint against named defendants under Section 739.5. Defendants promise to comply with Section 739.5 in the event that additional rebates are issued in the future. Defendants further promise that such rebates will be distributed to sub-metered customers within two billing cycles of receipt from the utility.

The parties ask the Commission to terminate all further proceedings in this case and issue an order consistent with the stipulation.

TURN acknowledged at the PHC that the stipulation covers only the ten named defendant mobile home parks. If TURN finds that other mobile home parks are not in compliance with Section 739.5, it will have to file a new complaint before the Commission. Under the settlement, this complaint will be closed.

Further, the settlement document includes the following statement: "...Plaintiffs agree not to seek attorney fees from defendants but will request compensation from the Commission's intervenor trust fund at no cost to defendants."³ In its Notice of Intent to Claim Compensation (NOI), TURN indicates why it agreed not to seek compensation from the defendants: "This provision relied, in part, on the belief that the defendants are not included under Section 1801.3 as entities from whom such compensation can be sought." (NOI, April 6, 2001, p. 1.)

By approving this settlement agreement, the Commission is not expressing any opinion as to whether TURN is entitled to recovery from the Advocates Trust Fund. The Commission will consider that matter separately when TURN files for such compensation.