Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner and Robert Barnett is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. D.03-07-029 approved SCE's $1.25 billion rate decrease and returned to bottoms-up rate design. It did not return all customers to pre-surcharge rate levels, given the need to provide for recovery of DWR costs.

2. Surcharges were eliminated, and SCE's post-PROACT rate design includes charges for recovery of both SCE and DWR generation costs.

3. In D.03-07-029, the effective domestic CARE rate was not changed.

4. Customers taking service on GS-1 and GS-2 tariffs saw their rates decline by 18.3 and 12.8 percent, respectively, from their surcharged levels.

5. Discounting the GS-2 rate by the 20% required by Pub. Util. Code § 739.1 yields a CARE-discounted rate that is higher than the discounted rate Petitioner previously paid, which was a discount off a rate which excluded adopted surcharges.

6. It was not the intent of the settling parties to cause the rates of CARE-eligible non-profit group living facilities to increase.

Conclusions of Law

1. The petition should be adopted.

ORDER

IT IS ORDERED that:

1. The petition of Visalia Senior Housing dba Town Meadows to modify Decision 03-07-029 is adopted.

2. SCE shall file revised tariff sheets with the Energy Division within 15 days of this order, to set prospectively the rates of the CARE-eligible non-profit group living facilities to levels no higher than they were paying prior to the PROACT settlement.

3. This proceeding is closed.

This order is effective today.

Dated August 19, 2004 at San Francisco, California.

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