6. Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and Sarah R. Thomas is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. A prehearing conference was held on July 11, 2007; no evidentiary hearing was held.

2. In or around May 2001, two SCE meters were installed that were later discovered to be crossed with one another.

3. As a result of the meters being crossed, the electricity use of Andrade was billed to a third party, and the electric use of a third party was billed to Andrade.

4. Once SCE discovered the crossed meter situation, it issued corrected bills under the applicable rate schedule.

5. Andrade used and benefited from the electricity retroactively billed by SCE.

6. Andrade did not pay in full for the electricity retroactively billed by SCE.

Conclusions of Law

1. Recovery under Tariff Rule 17 is not barred because SCE's contractor mis-marked the premises, resulting in crossed meters.

2. Rule 17 is a contract between SCE and Andrade.

3. Rule 17 does not improperly limit SCE's liability for negligence.

4. SCE's conduct did not constitute gross negligence.

5. Andrade must pay the full amount it failed to pay covering the applicable three-year statute of limitations period, less any credits for amounts it paid toward the back-bill.

6. An evidentiary hearing is not necessary.

7. This order should be effective immediately.

ORDER

IT IS ORDERED that:

1. The complaint of Andrade & Associates (Andrade) against Southern California Edison Company (SCE) is dismissed for failure to set forth a cause of action or a violation of any statute, Commission order, rule or regulation.

2. Andrade must pay the full amount it failed to pay covering the applicable three-year statute of limitations period, less any credits for amounts it paid toward the back-bill.

3. Case 07-05-014 is closed.

This order is effective today.

Dated March 13, 2008, at San Francisco, California.

MICHAEL R. PEEVEY

                     President

DIAN M. GRUENEICH

JOHN A. BOHN

RACHELLE B. CHONG

TIMOTHY ALAN SIMON

Commissioners

D0803008 Exhibit A for C0705014

D0803008 EXHIBIT B for C0705014