6. Conclusion
We should modify the text of D.01-05-058 consistent with the discussion above, and add corresponding findings and ordering paragraphs, as necessary.
The draft decision was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. No comments were filed.
Findings of Fact
1. WMA's request for clarification of D.01-05-058 should be considered on the merits so that the decision's policy implications may be applied in future utility-specific ratesetting or adjudicatory proceedings.
2. The parenthetical modifying term -- (i.e., the "prevailing rate") - in D.01-05-058 at pages 29-30, mimeo, should be deleted since the discussion which precedes it makes clear that the term "applicable rate" is not a synonym for "prevailing rate."
3. Tenants at submetered parks should be able to enjoy the benefits of a lifeline rate if they meet the eligibility requirements.
4. Review of the specific lifeline proposals at issue in A.00-09-046, and the mechanics for implementing them at MHPs, should be deferred to a decision in that proceeding since the evidence is part of the record of that proceeding, and not I.98-12-012.
1. We should interpret WMA's compliance with Rule 47 liberally, as Rule 87 permits, and should not dismiss the petition and supplement for failure to include proposed modifying language.
2. The language found in D.01-05-058 (at pages 29-30, mimeo), which is questioned in the petition, is confusing and should be revised.
3. Hearings are unnecessary as the pleadings filed by both parties provide a sufficient record for decision.
4. In order to provide guidance to the parties, this order should be effective today.
IT IS ORDERED that:
1. The petition for modification of D.01-05-058 and the supplement to the petition, filed by Western Manufactured Housing Communities Association (WMA), are granted to the extent consistent with Ordering Paragraphs 2 and 3, and otherwise are denied.
2. The following text in D.01-05-058, at pages 29-30, mimeo, is modified to read:
In examining the water charges at a given MHP, we must consider whether the MHP's rent structure includes recovery of water expenses -specifically capital and operation costs associated with the submeter system. [footnote omitted] Consistent with our discussion above, we conclude that the MHP owner/operator may not have it both ways. Either these charges must be removed from rent altogether, and then the submeter customer may be charged the same rate applicable to any other residential customer
(i.e., the "prevailing rate"), adjusted as discussed above, or the submeter customer may be charged only for volumetric submeter usage plus a pro rata allocation of any other charges billed to the master meter. However, nothing in this decision shall be interpreted to prohibit the master meter owner/operator from passing lifeline rate discounts on to eligible submeter customers.3. A new Finding of Fact 21 is added to read:
Tenants at submetered parks should be able to enjoy the benefits of a lifeline rate if they meet the eligibility requirements.
4. This proceeding is closed.
This order is effective today.
Dated ________, at San Francisco, California.
