1. The Parties agree that the stipulation set forth in this agreement satisfies all claims raised in this complaint against named Defendants under Public Utilities Code Section 739.5.
2. The Parties urge the Commission to terminate all further proceedings in this case and issue an order consistent with the stipulation.
3. The Defendants affirm, under penalty of perjury, that any documentation provided to TURN and CMRAA demonstrating compliance with PU Code §739.5 is fully accurate and that any written representations unsupported by source documents are true.
4. The Defendants promise to comply with PU Code §739.5 in the event that additional rebates are issued in the future. Defendants further promise that such rebates will be distributed to submetered customers within two billing cycles of receipt from the utility. In the event that an outside billing company is retained to send bills to park residents, defendants promise to provide rebate information to such billing companies within two billing cycles after receipt of the rebate.
5. The Plaintiffs agree not to seek civil or criminal penalties against named Defendants as permitted under Public Utilities Code §2111 and §2112. In addition, 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.
6. The Plaintiffs agree that named Defendants shall not calculate or pay interest charges for the period beginning June 1, 2000 until the date the payments or credits were made.
7. The Plaintiffs and Defendants urge the Commission to issue a final order consistent with the stipulations in this filing.
8. The Plantiffs and Defendants urge the Commission to find that approval of the stipulations are reasonable, consistent with law and in the public interest on the grounds that all rebates have been fully disbursed to the submetered customers served by the Defendants.
9. The Plantiffs and Defendants jointly request that additional proceedings be terminated apart from the issuance of a final Commission order.
IN WITNESS THEREOF, each party has executed this stipulated agreement as of the date first shown above.
By_/s/ MATTHEW FREEDMAN
MATTHEW FREEDMAN
Staff Attorney , The Utility Reform Network
By_/s/ MELAN ALABRO
For:
DAVE HENNESSY
President, California Mobile Home Resource and Action Association
By_/s/ PAUL T. JENSEN
Paul Jensen
Attorney representing Defendants Franciscan Mobile Country Club, Pepper Tree Estates Mobilehome Park, Hilton Mobilehome Park, Riverbend Mobilehome Park, Diablo Mobilehome Lodge, Spanish Ranch I Mobilehome Park, and Rancho Santa Teresa.
By_____________________
Larry W. Wilson
Owner, Hillview Mobile Home Park
By_/s/ PAUL T. JENSEN
For:
Aimee Molsberry
Vice-President, Santiago Management Corporation, representing Defendant Friendly Village Mobilehome Estates.
By_/s/ JAMES SQUERI
Jim Squeri
Attorney representing Defendant Four Seasons Mobilehome Park.
(END OF APPENDIX)