VII. D.01-01-061

In D.01-01-061, we ordered Edison and PG&E to collect, in trust for the benefit of DWR, sums owed by retail end-use customers. Further, we directed Edison and PG&E to make monthly payments to DWR. To date, it appears that Edison and PG&E have not made any payment to DWR pursuant to Ordering Paragraph 7 of D.01-01-061. We will order Edison and PG&E to pay DWR, in a lump sum, by 9:00 a.m., on the day following the effective date of this decision the amounts due under Ordering Paragraph 7 of D.01-01-061. In the event Edison and PG&E believe they are unable to calculate the amounts owed to DWR, they shall calculate the amounts owed to DWR as follows. Each utility shall pay DWR for the number of kWhs that DWR asserts it provided to that utility's retail end-use customers pursuant to Water Code section 200. Edison shall pay a rate of 6.277 cents for each such kWh. PG&E shall pay a rate of 5.471 cents for each such kWh.24 If the payment is not made when required, the Commission will assess penalties against the utility for each day that payment is late, pursuant to Chapter 11 of the Public Utilities Act. The officers and employees of the utility are also subject to sanctions under Chapter 11.

24 These amounts were derived from the company-wide average generation-related rates adopted above. D.01-01-061 ordered the "net amount charged for electric energy" to be transferred to DWR for the kWhs DWR supplied to Edison's and PG&E's end-use customers. This net amount is essentially the same as the generation-related rates adopted above, except that it did not include the 1-cent/kWh surcharge. Accordingly, we have reduced the adopted company-wide average generation-related rates by 1-cent/kWh to determine the amount per kWh to be transferred to DWR pursuant to D.01-01-061. We remind Edison and PG&E that D.01-01-061 covered only the electricity supplied pursuant to Water Code section 200. Thus, all other amounts to be transferred to DWR pursuant to today's decision include the 1-cent/kWh surcharge.

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