Peevey Halligan Ruling Granting The Utility Reform Network Motion for Investigation into PG&E's Billing and Collection Practices

Service List

The existing service list for A.02-11-017 et al. shall be used for service until a new service list for this phase of the proceeding is established at the PHC. This proceeding continues to be subject to Rule 7 (c) of the Commission's Rules of Practice and Procedure. In addition to placing specific requirements on ex parte communications, Rule 7(c) requires parties to report ex part communications pursuant to Rule 7.1.

IT IS RULED that:

1. The November 9, 2004 motion for an investigation into Pacific Gas and Electric Company's (PG&E) billing and collecting practices filed by The Utility Reform Network (TURN) is granted.

2. The investigation into PG&E's billing and collecting practices will be conducted in I.03-01-012, the companion investigation to PG&E's test year 2003 General Rate Case.

3. PG&E's Advice Letter 2550-G/2534-E requesting authority to implement a late payment fee, filed on July 20, 2004, will be included within the scope of this investigation.

4. The scope of this investigation will also include:

· Whether PG&E has implemented any changes to its billing practices since the beginning of 2002 that would impact the number of estimated or delayed bills it issues to its customers.

· The effect of PG&E's new billing system Cordaptix on the utility's billing practices.

· Whether PG&E has implemented any change to its collection practices since the beginning of 2002.

· In each year since 2002, of the customers who had their service terminated due to non-payment of their utility bill, how many had received estimated or delayed bills.

· How PG&E determines whether and when to require a deposit, including whether it has implemented any change to its deposit requirement practices since the beginning of 2002.

· In each year since 2002, the number of customers from which PG&E requested a new or additional deposit for continuation of service.

· In each year since 2002, of the customers from whom PG&E requested a new or additional deposit, how many had received estimated or delayed bills.

· Investigation of whether PG&E's actions with regard to estimated and delayed bills and the impacts that these bills have on the utility's customers warrant imposition of a fine.

· Investigation of appropriate reparations to the PG&E customers who have suffered from the utility's estimated and delayed billing practices and the associated collection activities for delinquent amounts from such bills.

5. The investigation shall determine whether:

· PG&E violated D.86-06-035 and Tariff Rules 9 and 17.1 by billing customers for periods in excess of three months, and/or

· PG&E violated Tariff Rule by providing customers with estimated bills for periods in excess of three months.

6. The investigation shall also determine whether, pursuant to Sections 701, 734, and 1702 of the Public Utilities Code, institution of any or all of the following remedies for the customers that have suffered from PG&E's practices is warranted:

· PG&E should be required to refund any amounts collected in violation of Tariff Rules 9 and 17.1, plus interest, to all customers who paid such amounts, and/or,

· PG&E should be fined pursuant to Public Utilities Code Sections 2107 and 2108 for violations of the Orders and Rules of this Commission.

7. Discovery in this phase of the consolidated proceedings may commence immediately.

8. A prehearing conference shall be scheduled on March 22, 2005, at 10:00 a.m., in the Commission Court Room, State Office Building, 505 Van Ness Avenue, San Francisco, California, for the purpose of identifying the parties and setting a schedule for this proceeding.

9. Parties on other entities who intend to participate in this proceeding shall file and serve prehearing conference statements on or before March 15, 2005.

Dated February 25, 2005, at San Francisco, California.

/s/ MICHAEL R. PEEVEY

Michael R. Peevey

Assigned Commissioner

CERTIFICATE OF SERVICE

I certify that I have by electronic mail to the parties to which an electronic mail address has been provided and by mail to parties for whom an electronic mail address was not provided, this day served a true copy of the original attached Assigned Commissioner's Ruling Granting The Utility Reform Network Motion for an Investigation into Pacific Gas and Electric Company's Billing and Collection Practices on all parties of record in this proceeding or their attorneys of record.

Dated February 25, 2005, at San Francisco, California.

/s/ FANNIE SID

Fannie Sid

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

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