District's Motion for Summary Judgment/Summary Adjudication

After full consideration of the evidence, the separate statements of each party, the authorities submitted by counsel, and counsel's oral argument, the Commission found in the DD that 1) there was no triable issue of material fact, and 2) District failed to meet its burden of sustaining any of the five causes of action. Based on that analysis, Edison's motion for summary judgment was granted. District responded to the DD challenging the findings, including claiming that whether it received the notice required by Tariff Rule 12 of the availability of compensated metering remains a disputed material issue of fact.

The 3^rd cause of action is for Violation of Tariff Rule 12. Summary adjudication is not granted on this cause of action because District is now challenging whether or not Edison met its obligation under Tariff Rule 12. District is claiming it did not receive notice of the new or revised rate available under Special Condition No. 16 because it did not receive AL No. 864. Since receipt of the AL is a key linchpin in determining whether or not Edison fulfilled its Tariff Rule 12 duty, the Commission will take additional briefing and testimony on this issue.

District's motion for summary adjudication on the 1^st [Billing Error], 2^nd [Violation of Schedule TOU-8], 4^th [Breach of Implied Covenant], and 5^th [ Unjust Enrichment] causes of action should, however, still be denied. The substance of those causes of action is that Edison should have billed District at the more favorable 66 kV price instead of the 12 kV price. The undisputed facts, plus the documentary evidence, fail to establish any of these causes of action.

The documents submitted by both parties as exhibits to the cross-motions for summary judgment clearly establish that Edison performed its duty under Schedule TOU-8, and had no obligations under either the tariff or the contracts, to bill District differently than it did. Specifically, the Contract indicates on its face that District chose a service voltage of 12 kV; the bills sent by Edison to District for electricity sold indicate that the billing was at the 12 kV price; and District is on the list of ratebook holders who are sent periodic rate updates.⁶