ALJ/GEW/avs DRAFT CA-3

7/12/2001

Decision DRAFT DECISION OF ALJ WALKER (Mailed 6/12/2001)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Paul E. Nau, Jr. et al., Complainant, vs. Pacific Bell Telephone Company, Defendant.

Case 00-12-037 (Filed December 6, 2000)

OPINION

1. Summary

Complainant Paul E. Nau, Jr., filed this complaint on behalf of himself and his neighbors challenging the rate assessed by Pacific Bell (Pacific) for foreign exchange service in an area in North Tahoe on the California-Nevada border. Pacific moves to dismiss the complaint on grounds that Pacific is required to charge the tariffed rate, and on grounds that a complaint challenging the reasonableness of rates must be brought by a city council, another legislative body, or by 25 or more affected customers. After due consideration, and having afforded the parties opportunity to comment, we grant the motion to dismiss.