ALJ/KAJ/eap * Mailed 8/28/2001

Decision 01-08-063 August 23, 2001

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

The Utility Reform Network, the California Mobile Home Resource and Action Association, and Does 1-100, Complainants, vs. Four Seasons Mobile Home Park, The Franciscan Mobile Country Club, Rancho Santa Teresa Mobile Home Estates, Diablo Mobile Lodge, Friendly Village Mobile Home Park, Pepper Tree Estates Mobile Home Park, Spanish Ranch Mobile Home Park Number 1, Riverbend Mobilehome Park, Hilton Mobile Home Park, Hillview Mobile Home Park, and Does 1-100, Defendants.

Case 00-08-035 (Filed August 23, 2000)

DECISION APPROVING SETTLEMENT, WITH MODIFICATION

I. Summary

This decision modifies a settlement (the full text of the settlement is attached as the Appendix to this decision) between The Utility Reform Network (TURN) and the California Mobile Home Resource and Action Association (CMHRAA) and ten defendant mobile home parks captioned above. The complainants charged that defendants were not in compliance with Public Utilities Code Section 739.5,¹ which (among other things) prohibits gas master meter customers from retaining natural gas rebates they receive from a gas utility.

Parties arrived at a settlement once TURN and CMHRAA were satisfied that the defendant mobile home parks had disbursed all of the gas rebates to their sub-metered customers. The defendant mobile home parks also agreed to pass on any future gas rebates in a timely manner.

We find the settlement to be reasonable, except for the fact that it specifically provides that no interest will be paid on the moneys returned to the mobile home parks' sub-metered customers. This allows the mobile home park owners to unjustly enrich themselves. Therefore, we modify the settlement to provide for the payment of interest.