FINDINGS

1. PG&E filed AL 2581-G/2568-E on October 15, 2004 proposing to modify electric and gas Rules 17.1 and 17.2 to limit a residential customer's exposure to three months for undercharges resulting from PG&E's failure to deliver a bill. PG&E also proposes in its AL new Rule 17.3.

2. TURN protested AL 2581-G/2568-E on November 4, 2004. TURN states that the Commission should reject AL 2581-G/2568-E and consider billing and collection matters in a comprehensive investigation; TURN proposes modifications to AL 2581-G/2568-E if the Commission addresses the AL. PG&E responded to TURN's protest on November 12, 2004.

3. Failure to issue bills should be treated as billing errors. This is consistent with existing CPUC policy and requirements as set forth in D.86-06-035 and with existing PG&E tariffs.

4. Failure to issue a bill or estimating a bill due to changes to a billing system should be treated as a billing error for purposes of applying gas or electric Rule 17.1. This is consistent with existing CPUC policy and requirements as set forth in D.86-06-035 and with existing PG&E tariffs.

5. Rule 17.2 addressing unauthorized use does not apply if billing error has occurred.

6. Unless they result from inaccessible roads, the customer, the customer's agent, other occupant, animal, or physical condition of the property preventing access to PG&E's facilities on the customer's premise, other causes within control of the customer, or a natural or man-made disaster such as a fire, earthquake, flood, or severe storms, the issuance of estimated bills should be considered "billing error" for the purposes of applying gas and electric Rule 17.1.

7. The phrase "unusual conditions" in Rule 9C is overly broad and vague and should be deleted.

8. On estimated bills, PG&E should include a message that identifies the reason for requiring that the bill be estimated. When the meter reader codes a message in the field, the estimated bill should reflect the same reason coded by the meter reader. This will notify the customer of the reason that the meter could not be read as scheduled.

9. PG&E's proposed Rule 17.3 is overly broad and vague.

10. The tariff changes to gas and electric Rules 9C, 17, 17.1, and 17.2 required by this resolution are consistent with existing CPUC policy and requirements as set forth in D.86-06-035 and with existing PG&E tariffs.

11. PG&E should file a report in A.02-11-017, et. Al, explaining the reasons for the large number of delayed and estimated bills over the past five years and a plan for reducing the number of these bills. PG&E's report should also contain its good faith estimate of the numbers of customers affected by delayed and estimated bills and the associated dollar amounts over the past five years, i.e., calendar years 2000 through 2004.

12. TURN's request to consider issues raised by PG&E's past billing practices in a formal investigation is subject to a future ruling in A.02-11-017, et. al.

13. TURN's protest that failure to issue a timely and accurate bill whether due to reliance on estimated meter reads or other delays constitutes billing error is granted in part as described in the Discussion section of this resolution.

14. TURN's protest that extended reliance on an estimated bill constitutes billing error as tariffs are currently written is granted in part as described in the Discussion section of this resolution.

15. TURN's protest that Rule 17.1 should not exclude from billing error "causes beyond the reasonable control of the utility" is granted.

16.TURN's protest that PG&E's proposed Rule 17.3 be rejected is granted.

16. TURN's protest regarding PG&E's assertion that bills rendered prior to the effective date of AL 2581-G/2568-E are not subject to the tariffs proposed in the AL, is denied without prejudice. This matter may be among the issues considered by the Commission if it investigates PG&E's past billing practices.