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COM/MP1/kpc/acb DRAFT Agenda ID # 2404
Ratesetting
7/10/03
Decision ALTERNATE DRAFT DECISION OF COMMISSIONER PEEVEY
(Mailed June 26, 2003)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Tenby, Inc. for Modification or Clarification of Resolution No. G-3304. |
Application 01-12-042 (Filed Dec. 21, 2001) |
Application of Southern California Gas Company (U 904 G) for Modification or Clarification of Resolution G-3304. |
Application 01-12-050 (Filed Dec. 13, 2001) |
OPINION REGARDING THE APPLICATIONS TO
MODIFY OR CLARIFY RESOLUTION G-3304
Today's decision addresses the applications filed by Tenby, Inc. (Tenby) and Southern California Gas Company (SoCalGas) to modify or clarify Resolution G-3304 (Resolution). Effective December 21, 2000, the Resolution suspended the transfer of customers to core subscription service or other core service schedules except for those customers whose gas service providers were no longer offering service in California.
Tenby contends that it entered into a contract with SoCalGas on December 7, 2000 for GN-10 service beginning on January 1, 2001, and that the Resolution therefore does not apply to Tenby. SoCalGas contends that no written contract was executed by SoCalGas granting Tenby's request, and that the Resolution prevented SoCalGas from allowing Tenby to take such service.
The Commission generally disfavors issuing a decision in response to a request for declaratory relief or for an advisory opinion, unless extraordinary circumstances exist or if the matter is of widespread public interest. In order to carry out the intent of the Resolution, we clarify that the Resolution did not prevent Tenby from switching to core service as of January 1, 2001. Tenby's notice to switch was provided to SoCalGas, and such notice occurred before the effective date of the Resolution.