Findings of Fact
1. MRCH complains that PG&E has overbilled it for energy consumption in the amount of $76,668.48.
2. Defendant's Tariff Rule 17.2 applies to this case as PG&E is here alleging that complainant used electric service without compensation for reasons other than a defective or malfunctioning meter.
3. PG&E violated Rule 17.2 by:
a. Presenting no estimate of its claimed unauthorized use based upon connected load data.
b. Failing to account in its estimate of underbilling for probable intermittent registration of use during the period at issue.
c. Depriving complainant of its right to respond to PG&E's claim by discarding the physical evidence which would have proved or disproved complainant's theory of the case.
4. PG&E has failed to meet its burden of producing evidence to support the basis for the disputed billing and to support the reasonableness of its estimate of the amount due.
Conclusion of Law
The billing of $76,668.48 should be cancelled and the deposit of $4,000 with the Commission should be returned to complainant, effective immediately.
IT IS ORDERED that:
1. Pacific Gas and Electric Company shall cancel its additional billing to Mad River Community Hospital in the amount of $76,668.48.
2. The Commission shall disburse the sum of $4,000 held on deposit for Mad River Community Hospital to the complainant.
3. Case 99-05-035 is closed.
This order is effective today.
Dated , at San Francisco, California.
