ALJ/CAB/avs

Decision 01-02-071 February 22, 2001

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

County Sanitation District No. 2 of Los Angeles County, Complainant, vs. Southern California Edison Company, Defendant.

Case 99-10-037 (Filed October 27, 1999)

OPINION DENYING COMPLAINANT'S MOTION
FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION AND GRANTING DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION AS TO THE 1^ST, 2^ND, 4^TH, AND 5^TH CAUSES OF ACTION

Summary

This opinion denies Complainant County Sanitation District No. 2 of Los Angeles County's (District) Motion for Summary Judgment and Summary Adjudication and grants Defendant Southern California Edison Company's (Edison) Motion for Summary Adjudication as to the 1^st, 2^nd, 4^th, and 5^th causes of action. District brought five causes of action¹ against Edison alleging that Edison violated its duties under its tariffs by overbilling District for electricity sold to it under a standby contract. As discussed below, District did not meet its burden of sustaining four of the causes of action, and the only triable issue of material fact remaining relates to Edison's duty under Tariff Rule 12-the duty to inform District of a new or revised rate. This opinion disposes of the 1^st, 2^nd, 4^th, and 5^th causes of action in this complaint proceeding, and only the 3^rd cause of action for violation of Tariff Rule 12 remains for further Commission resolution. A briefing schedule for this issue is set forth in this opinion.