7. Comments on Draft Decision

The draft decision of the ALJ in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure.

Knollwood and the Western Manufactured Housing Community Association (the Association) filed joint comments arguing that current line extension rules of the gas and electric utilities preclude an allocation of trenching costs in this case. They state that in a negotiated settlement in OII/OIR,
R.03-03-017/I.03-03-018, approved recently by the Commission in D.04-04-043, the parties agreed that trenching related to repair and maintenance was covered by a park owner's submetering discount, but that conduit work related to system improvements or enhancements was not covered by the discount.

As the Draft Decision points out, the rules emerging from the OII/OIR are prospective in nature. The utility repair and maintenance costs incurred by Knollwood in 1998 and 1999 were subject to the principles established in Hillsboro Properties, Florsheim and Rainbow Disposal Co. A park owner in the future may be able to rely on D.04-04-043 to assert that trenching costs are not part of the submetering discount, but that showing presumably would have to include evidence that no part of the trenching was related to repair and maintenance. Such a showing was not made in this case.

Knollwood and the Association in their comments assert again that the Commission is usurping the authority of the rent control board. The Draft Decision addresses that assertion at some length (see pages 8-10), concluding that the Commission does not dispute the authority of local rent boards to make and enforce local ordinances and regulations, so long as such actions do not invade the Commission's exclusive jurisdiction over utility rates in submetered mobilehome parks.

The Yucaipa Mobilehome Residents' Association supports the Draft Decision, but asks that it be amended to award attorney fees pursuant to Section 798.85 of the California Civil Code. Section 798.85 authorizes an award of attorney fees for civil court actions arising out of the provisions of the Mobilehome Residency Law, Civil Code Chapter 2.5. The complaint here did not arise out of the provisions of the Mobilehome Residency Law, nor does the Commission have jurisdiction to enforce these Civil Code provisions. This case arises under Pub. Util. Code § 739.5. Under that statute, the Commission's jurisdiction is limited to enforcement of gas and electric service rates provided by a master-meter customer to users who are tenants of a mobilehome park or similar residential complex. There is no provision for an award of attorney fees under Pub. Util. Code § 739.5. Apart from intervenor compensation awards authorized by Pub. Util. Code §§ 1801-1812, the Commission's jurisdiction normally is limited to reparations and not general damages or attorney fees.