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ALJ/CAB/avs DRAFT CA-3

Decision DRAFT DECISION OF ALJ BROWN (Mailed 9/22/00)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

County Sanitation District No. 2 of
Los Angeles County,

              Complainant,

        vs.

Southern California Edison Company,

              Defendant.

Case 99-10-037

(Filed October 27, 1999)

OPINION GRANTING AND DENYING MOTIONS
FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION

Summary

This opinion denies Complainant County Sanitation District No. 2 of Los Angeles County's (District) Motion for Summary Judgment or Summary Adjudication and grants Defendant Southern California Edison Company's (Edison) Motion for Summary Judgment. The gravamen of District's complaint is that Edison violated its duties under its tariffs by overbilling District for electricity sold to District under a standby contract. As discussed below, Edison fulfilled its obligations under the contracts and duties under its tariffs, and none of District's causes of action survive. This opinion disposes of all issues pending in this complaint proceeding.

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