Recommendation of Parties

Add language that requires SDG&E to bill for high demand when temporary service exceeds 20 kW

 

6. Reconnection Charge on Schedule AL-TOU

 

1. SDG&E Position

Add language stating that a customer must pay the higher of the Basic Service Fee or Minimum Bill when service is terminated and then reconnected (Derbas, Table III).

 

Recommendation of Parties

Add language stating that a customer must pay the higher of the Basic Service Fee or Minimum Bill when service is terminated and then reconnected

 

CHAPTER III. GENERAL TERMS

The Parties agree that the California Public Utilities Commission shall have exclusive jurisdiction over any issues related to this Settlement, and that no other court, regulatory agency, or other governing body shall have jurisdiction over any issue related to the interpretation of the Settlement, the enforcement of the Settlement, or the rights of the Parties to the Settlement (with the exception of the California Court of Appeals or the California Supreme Court in connection with review of any Commission decision). All rights and remedies are limited to those available before the California Public Utilities Commission.

The Parties further agree that no signatory to this Settlement, nor any staff member of the Public Utilities Commission, assumes any personal liability as a result of this Settlement. The Settling Parties agree that no legal action may be brought in any state or federal court, or in any other forum, against any individual Party, Party representative, or staff member related to this Settlement.

The Parties agree that the principles, assumptions, methodologies, positions, and arguments underlying the specific items addressed in the Settlement are recommended for purposes of this proceeding only and are not to be considered as precedent in any Commission proceeding or litigation, except as necessary to implement the recommendations contained herein. The Parties expressly reserve the right to advocate in other proceedings, principles, assumptions, methodologies, arguments, and positions different from those that may underlie or appear to be implied by this Settlement. Nothing in this Settlement is intended to limit the positions taken by the Parties or the possible outcome of discussions in any other proceeding.

The Parties intend and agree that this Settlement is subject to each and every condition set forth herein, including its acceptance by the Commission in its entirety, without change or condition. The Parties also agree to cooperate to establish a procedural schedule should the Commission reject this Settlement. If the Commission does not adopt the Parties' recommendations as set forth in this Settlement without change or condition, the Parties shall convene a settlement conference within 15 days after Commission action on this Settlement to discuss whether to resolve by settlement the unchanged portions. The Parties agree to expend reasonable efforts to ensure the Commission's adoption of the Settlement.

The Parties further agree that any time after the Commission issues a decision adopting the Settlement, a Party has the right to seek Commission modification of that decision (or modification of its terms in any other related proceeding). Other Parties have the right to oppose or protest any such request. Nothing in this Settlement is intended to limit or expand any Party's right under Commission Rules and decisions, to Petition to Modify a decision adopting this Settlement, or to propose or protest such a Petition.

CHAPTER IV. EXECUTION

The undersigned, on behalf of the Parties they represent, hereby agree to abide by the conditions and recommendations set forth herein. This Settlement

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may be signed in counterparts.

Dated this 4^th day of June 2002.

Respectfully Submitted,