Comments on Draft Decision
The draft decision of Administrative Law Judge Bushey in this matter was mailed to parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. CSD filed a motion on December 4, 2000, seeking leave to file comments. The motion is granted. CSD requested two technical corrections that have been incorporated.
1. The parties filed a Stipulation of Facts that showed that MCI Metro has made $9,411,791 in refunds and credits to customers affected by the billing errors discussed in this decision.
2. The Stipulation stated that it was not possible for MCI Metro to credit or refund to each and every customer the exact amount to which the customer was entitled.
3. The Stipulation describes a reasonable means of allocating refunds for customers.
4. The Stipulation reasonably provides for MCI Metro to disgorge all improperly collected amounts.
5. MCI Metro has been cooperative and forthcoming.
6. The billing after disconnect issue is not adjudicated in this proceeding.
1. The Commission may impose fines for billing errors.
2. The record supports imposing a fine of $250,000 on MCI Metro for the billing errors adjudicated in this decision.
3. However, the mitigating factors require that this fine not be imposed.
4. This proceeding should be closed.
5. This decision should be immediately effective.
Therefore, IT IS ORDERED that:
1. MCI Metro expeditiously resolve the billing after disconnect issue and make all required refunds to customers.
2. This proceeding is closed.
This order is effective today.
Dated March 21, 2002, at San Francisco, California.
HENRY M. DUQUE
GEOFFREY F. BROWN
MICHAEL R. PEEVEY
Commissioners
We reserve the right to file a dissent.
/s/ LORETTA M. LYNCH
President
/s/ CARL WOOD
Commissioner
