Comments on Alternate Draft Decision
The draft decision of Administrative Law Judge Bushey in this matter was mailed to parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. CSD filed a motion on December 4, 2000, seeking leave to file comments. The motion is granted. CSD requested two technical corrections that have been incorporated.
1. The parties filed a Stipulation of Facts that showed that MCI Metro has made $9,411,791 in refunds and credits to customers affected by the billing errors discussed in this decision.
2. The Stipulation stated that it was not possible for MCI Metro to credit or refund to each and every customer the exact amount to which the customer was entitled.
3. The Stipulation describes a reasonable means of allocating refunds for customers.
4. The Stipulation provides for MCI Metro to disgorge all improperly collected amounts.
5. MCI Metro acknowledged and made an effort to identify and correct the billing errors alleged by UCAN in this proceeding.
6. The billing after disconnect issue is not adjudicated in this proceeding.
1. The Commission may impose fines for billing errors.
2. The record supports imposing a fine of $428,000 pursuant to § 2107 on MCI Metro for the three billing errors adjudicated in this decision.
3. This proceeding should be closed.
4. This decision should be effective immediately.
Therefore, IT IS ORDERED that:
1. MCI Metro, shall pay a fine of $420,000 to the General Fund of the State of California.
2. MCI Metro shall, to the extent it has not done so already, refund or credit all customers consistent with the parties' stipulation and this decision.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
