Findings of Fact
1. Mobile home park (MHP) tariffs for electric and gas service currently allow for direct metering of tenants by the utility or for a grandfathered utility master meter with tenant submeters under which the MHP pays a single bill discounted by the utility and collects bills from its submetered tenants at rates no higher than direct utility service.
2. The CPUC continues to receive complaints from MHP residents who feel that the owners are passing on costs in violation of PU Code Section 739.5.
3. In Decision D.95-02-090, specific language was added to submetering tariffs prohibiting MHPs from further recovery, beyond the master meter discount, of the "cost of the replacement of the submetered gas / electric system."
4. Decision D.01-08-040 ordered the MHP industry to participate in their particular utility's next GRC in order to establish which costs related to common areas are deemed to be included in the master-meter discount.
5. In D.01-08-040 the Commission did not define the costs of owning, operating, and maintaining a submetered system not already identified in D.95-02-090 and D.95-08-056.
6. In D.01-08-040, the Commission ordered the MHP to refund rents improperly collected from tenants.
1. Decision (D.) 01-08-040 should be stayed.
2. No hearings are necessary on the issue of whether (D.) 01-08-040 should be stayed because the stay is temporary pending the resolution of this OII/OIR, and because this OII/OIR does not deprive tenants of their refund rights under (D.) 01-08-040.
3. The Commission should re-examine (D.) 01-08-040 as part of this OII/OIR to resolve the common issues identified herein.
4. In order to provide a complete record, all Commission-regulated gas and electric utilities that serve master meter customers at submetered MHPs should be named as respondents to this proceeding.
5. The Commission asserts its exclusive jurisdiction to administer and implement Public Utilities Code Section 739.5, to calculate the submetering discount, and to ensure that submetered tenants are not treated differently than directly metered tenants.
IT IS ORDERED that:
1. All electric or gas utilities regulated by the California Public Utilities Commission, which provide gas or electric service to master meter customers at submetered MHPs, are made respondents to this proceeding.
2. Decision (D.) 01-08-040 is stayed.
3. C.00-01-017 is consolidated with this OII/OIR for further proceedings.
4. Respondents and other persons and entities who intend to participate in this proceeding shall file and serve Prehearing Conference Statements on or before March 20, 2003, and shall file a courtesy copy by e-mail to the assigned administrative law judge. The initial service list for this proceeding is attached as Appendix A.
This order is effective today.
Dated , at San Francisco, California.
Appendix A
Service List
J. Steve Rahon
San Diego Gas & Electric Company
8330 Century Park Court
CP 32C
San Diego, CA 92123
Southern California Edison Company
P.O. Box 800
2244 Walnut Grove Avenue
Rosemead, California 91770
Attention: Akbar Jazayeri
Paul Clanon, Energy Division
California Public Utilities Commission
Energy Division, Room 4002
505 Van Ness Avenue
San Francisco, CA 94102
Brian Schumacher, Energy Division
California Public Utilities Commission
Energy Division, Room 4002
505 Van Ness Avenue
San Francisco, CA 94102
Les Guliasi, Director
Regulatory Relations
Mail Code B10C
Pacific Gas and Electric Company
PO Box 770000
San Francisco, CA 94177-0001
Carole Rockney, Director
PacifiCorp
825 N.E. Multnomah
Portland, OR 97232
Gene Williams, Manager Debra Bosiey, Director
Regulatory Services Regulatory Affairs
Sierra Pacific Power Company Southwest Gas Corp.
P.O. Box 10100 P. O. Box 98510
6100 Neal Road Las Vegas, NV 89193
Reno, NV 89520-0026
Gretchen Diallto
Tariff Administration
Southern California Gas Company
555 West Fifth Street
Los Angeles, CA 90051-1249
James C. Allen
Endeman, Lincoln, Turek & Heater LLP
600 "B" St., Suite 2400
San Diego, CA 92101
Attorneys for Robert Hambly, for Himself, and, On Behalf of the Residents of Los Robles Mobile Home Park; Chapter 393 of the Golden State Mobilehome Owners League
David Spangenberg
The Law Office of David Spangenberg
314 Center St., Suite 202
Healdsburg, CA 95448
Attorneys for Hillsboro Properties, a California Limited Partnership
Jeffrey A. Walter
Walter & Pistole
670 West Napa St., Suite F
Sonoma, CA 95476
Attorneys for City of Novato Redevelopment Agency
Edward G. Poole
Anderson & Poole
601 California St., Suite 1300
San Francisco, CA 94108
Attorneys for Western Manufactured Housing Communities Association
