This case involves Rule 17.2-Adjustment of Bills for Unauthorized Use. Unauthorized use includes, but is not limited to, using PG&E service without compensation to PG&E in violation of applicable tariffs. (Rule 17.2, A, 6.) When PG&E determines there has been unauthorized use, PG&E shall have the legal right to recover, from any customer or other person who caused or benefited from such unauthorized use, the estimated undercharges for the full period of such unauthorized use. (Rule 17.2, A.)
Whenever unauthorized use is suspected by PG&E, PG&E shall promptly conduct an investigation. Whenever possible, PG&E shall collect and preserve evidence in the matter, test the meter, and obtain connected load information from the customer or other person sought to be charged for the unauthorized energy use. If the meter cannot be tested or connected load information cannot be obtained, PG&E will document the reasons why such information could not be obtained. Whenever possible, upon completion of PG&E's investigation, the customer or other person being billed will be advised of PG&E's claim and shall be given an opportunity to respond to the claim. (Rule 17.2, B.)
Additionally, this case entails burden of proof principles. In its backbilling Decision (D.86-06-035, 21 CPUC2d, 270, 274), the Commission said:
"Our only concern is whether the backbill is appropriate and correctly calculated. Under a proper view of our proceedings, then, the initial burden of proof that the backbill is improper or incorrect properly lies with the complainant.
"The complainant (customer), then, has the burden of proof to establish that the backbill is unfounded and incorrect. This may entail no more than testimony denying any tampering, energy diversion, or unauthorized use of energy or whatever evidence the complainant can produce to show that the energy load of the appliances and equipment on the premises is not capable of requiring the amount of energy estimated by the utility as having been used. Thereafter, the burden of producing evidence shifts to the utility to support the basis for the backbilling to the customer and to support the reasonableness of its estimate of the amount billed. Whether tampering or energy diversion was performed by the customer is not the issue. The issue is whether the customer benefited from unmetered energy regardless of whether or not there was meter tampering or energy diversion and regardless of who performed any tampering or energy diversion."