11. Comments on Proposed Decision

The proposed decision on the petition, which also initiates today's rulemaking, was mailed to the parties at the request of Commissioner Ryan and the assigned ALJ, and is consistent with § 311(g). Comments were allowed under Rule 14.3 of the Rules. WMA's comments, filed February 2, 2011, support the proposed decision. The February 2 joint comments of PG&E, SCE, SDG&E and SoCalGas recommend certain revisions to the proposed decision, and support it if so revised. In particular, the utilities request reasonable changes to the proposed schedule, make several very helpful suggestions to ensure broad dissemination of the rulemaking to master-meter customers at MHPs and to MHP tenants, suggest that the broadly stated scope be narrowed in time, and note a few typographical errors. The joint reply comments of TURN and GSMOL, filed February 4, 2011, support the proposed decision if revised to incorporate the utilities' suggestions on schedule and service. Today's decision incorporates all of the requested schedule changes (and sets the date for comments on the rulemaking and for the first PHC), includes the recommended service directives, and corrects typographical errors and omissions. As the proceeding moves forward, the assigned Commissioner will consider whether the scope should be narrowed, and if so, how.

It is reasonable to grant the petition to the extent it requests that the Commission act within the scope of the rulemaking today's decision initiates.

To the extent the petition requests initiation of a rulemaking into what the Commission can and should do to encourage the replacement by direct utility service of the submeter systems that supply electricity, natural gas, or both to MHPs located within the franchise areas of electric and/or natural gas corporations, the petition should be granted and otherwise, should be denied.

ORDER

IT IS ORDERED that:

1. A rulemaking is opened, on the motion of the California Public Utilities Commission (Commission), into what the Commission can and should do to encourage, on a reasonable basis and in a manner both timely and fair to all concerned, the replacement by direct utility service of the submeter systems that supply electricity, natural gas, or both to mobilehome parks and manufactured housing communities located within the franchise areas of electric and/or natural gas corporations.

2. The Petition filed August 20, 2010, by the Western Manufactured Housing Communities Association is granted to the extent consistent with Ordering Paragraph 1 and otherwise is denied.

3. The Executive Director will serve this Order on the service list for Petition 10-08-016, which will constitute the initial, official service list, and on any electric corporations and/or natural gas corporations, not listed there, that have master-meter customers that serve submeter customers at mobilehome parks and manufactured housing communities.

4. Within 30 days of the filing of this rulemaking, each electric corporation and/or natural gas corporation must provide by direct mail to master-meter customers at the mobilehome parks and manufactured housing communities that its serves under any account, schedule or tariff: (a) notice of this rulemaking and information about how to participate in it; and (b) a form letter for prompt dissemination by the master-meter customer to all submeter customers at the mobilehome park or manufactured housing community and for posting in conspicuous places at that site. All electric corporations and/or natural gas corporations must work jointly to develop, to the extent possible given differences in their systems and account nomenclature, a common draft notice and draft letter and should provide both to the Commission's Public Advisor no later than 20 days after the filing of this rulemaking, for review and approval.

5. Within 30 days of the filing of this rulemaking, any person or entity not already listed on the initial, official service list may ask to be added to the official service list by contacting the Process Office as specified in the body of this Order. After 30 days, a person or entity must follow the procedures further specified herein.

6. Within 45 days of the filing of this rulemaking, any party that chooses to file comments authorized by Rule 6.2 of the Rules of Practice and Procedure must state its objections to the preliminary scoping memo regarding category, need for hearing, issues to be considered, or schedule.

7. Within 45 days of the filing of this rulemaking, all parties must file an initial list of necessary facts and a plan or proposal for development of that factual information.

8. Petition 10-08-016 is closed.

9. All filings made after the filing of this Order must bear only the caption and docket number for this rulemaking.

This order is effective today.

Dated February 24, 2011, at San Francisco, California.

Previous PageTop Of PageGo To First Page