ALJ/TOM/MOD-POD/hkr Mailed 4/18/2003

Decision 03-04-058 April 17, 2003

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Zacky & Sons Poultry Co., dba Zacky Farms, Complainant, vs. Southern California Edison Company, Defendant.

Case 00-01-021 (Filed January 20, 2000)

Ellison & Schneider, by Lynn M. Haug, Attorney at Law, for Zacky & Sons Poultry Co., complainant.

Megan Scott-Kakures, Jennifer M. Tsao, and Jennifer R. Hasbrouck, Attorneys at Law, for Southern California Edison Company, defendant.

OPINION

1. Summary

This decision involves a determination of whether Zacky & Sons Poultry Co. (Zacky) should be billed for electricity used at its chicken processing facility located at 6102 Sheila Street, Commerce, California (the Sheila Street facility) at an agricultural rate pursuant to Southern California Edison Company's (Edison) Tariff Schedule TOU-PA-5 (TOU-PA-5), rather than at a commercial rate. We find that TOU-PA-5 applies when a customer is engaged in the production, harvesting, and preparation for market of agricultural products on land owned or operated by the customer, but does not apply when preparation for market occurs at a location other than the site of production or harvesting. Therefore, since Zacky does not produce poultry at the Sheila Street facility, Zacky is not entitled to receive electrical service for this facility at an agricultural rate.