2. SCE's Evidence

An SCE meter technician on or about October 2004 inspected the SCE meters at the ranch in connection with the 2004 on-peak usage charges. He read the meters through a laptop computer using a multi-vendor program, which reads the meter, provides interval data, and indicates if there are any errors with the meters. He reviewed the interval data (which includes pulse data), and verified that on-peak usage occurred. He then read the meters through the laptop computer using a meter-specific program, which verified the date and time of the meter, the meter information, and the rate associated with the meter. He found the meters to be working properly. No error messages appeared on the meters.

In November 2004, an SCE representative reviewed the troubleman's log - a daily log that the troublemen use to record the investigation of customer complaints - related to Bee Sweet for the period May 2004 through October 2004 for any information that might indicate outages or other problems with SCE's equipment. SCE's investigation revealed no distribution circuit events that correlated with the on-peak usage in 2004. The ranch is located on SCE's Welch circuit out of the Vestal substation. The Welch circuit was reviewed for any SCE events that would correlate with the on-peak usage. The only circuit events found were two outages, on April 17 and December 27, 2004, that were associated with inclement weather. Neither outage correlates with the on-peak usage dates and times. The substation which serves the Welch circuit was also reviewed for interruptions or abnormalities. Nothing unusual was found. Finally, the daily logs for the Welch circuit that correspond with the on-peak usage dates in 2004 were reviewed for any abnormalities or reported problems. Again, nothing out of the ordinary was found.

An SCE engineer testified that there is evidence that suggests that Bee Sweet's system caused or contributed to the on-peak kilowatt usage in 2004. On or about late December 2004 or early January 2005, he conducted a site review at the ranch. During the inspection, he reviewed Bee Sweet's Alex-Tronix timing control devices which are used to keep date/time information and turn the pump motors off during on-peak billing time periods. The Alex-Tronix timing controller had a working cover panel. One timer had no cover at all, while the other timer's cover did not lock, thereby exposing the controls to the weather. Both timing controllers were found with the display blank, but when activated, the display indicated "Power Failure-Press Adjust." He contacted Alex-Tronix and spoke with its technical support expert who indicated that the models used by Bee Sweet had been out of production for several years. The Alex-Tronix expert also indicated, considering the display information and the problems encountered with on-peak usage, that the 10-year internal lithium battery, which is embedded in a solid state chip, likely was discharged and needed to be sent in for repairs. The discharged lithium battery (which keeps time during outages), if not repaired, can cause the Alex-Tronix timing controller to have no control outputs, erratic control outputs, or delayed control outputs, and thus cause the pumps to operate during on-peak billing periods.

An SCE manager reviewed the basic data upon which SCE billed Bee Sweet. He testified that the registered on-peak usage was not "minimal" as Bee Sweet claims. The pumps, in most instances, ran for at least an hour during the on-peak period. Additionally, a majority of the on-peak usage resulted when the pumps were running prior to 1:00 p.m., failed to stop at 1:00 p.m., and ran into the on-peak period. On four occasions - July 27, 2004, August 31, 2004, July 29, 2005, and August 5, 2005 - the pumps ran continuously from before or around midnight and failed to stop at 1:00 p.m. On five occasions - August 6, 2004, August 13, 2004, October 1, 2004, July 13, 2005, and August 9, 2005 - the pumps ran for approximately two to five hours prior to 1:00 p.m., and again failed to stop at 1:00 p.m. Similarly, on August 2, 2004, one pump started at 4:57 p.m., just minutes before the on-peak period ended, and ran for approximately seven hours thereafter. A summary of SCE records showing Bee Sweet's on-peak use is set forth in Appendix A.

In regard to power fluctuations caused by a "large industrial user" and whether it could affect Bee Sweet's power quality and/or cause the on-peak billing, SCE's investigation showed that there was a large industrial user 10 miles from Bee Sweet, but it is served by a different circuit and a different substation, and therefore has no bearing on the power quality of Bee Sweet's service. He said that during his career as a meter technician, he has never seen fluctuating voltage cause a meter to register usage when, in fact, no electricity was actually used.