4. Comments on Draft Decision
The draft decision of the Administrative Law Judge in this matter was mailed to the parties in accordance with Pub. Util. Code § 311 (g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on _______, and reply comments were filed on __________.
1. Complainant, on behalf of himself and 165 others in the Death Valley-Shoshone area, seeks an order adjusting service boundaries to have Valley Electric serve the area in place of SCE.
2. The area in question lies near the California-Nevada border and has been part of SCE's certificated service territory since 1963.
3. SCE purchases power from Valley Electric at the state line and distributes and meters power to much of the area in question.
4. Neither SCE nor Valley Electric has filed for an adjustment of the service area in question.
5. The Commission has held that it lacks jurisdiction to order the requested boundary adjustment in the absence of an appropriate application by one or both of the utilities involved.
6. The broad public interest, not customer preference, controls when two like utilities state that they are both able and willing to serve the area in question.
7. The complainant fails to allege an act or thing done or omitted to be done in violation of any provision of law or of any order or rule of the Commission.
The Commission should grant SCE's motion to dismiss the complaint for failure to state a cause of action for which relief can be granted.
IT IS ORDERED that:
1. The motion of Southern California Edison Company to dismiss the complaint of L.L. Tudor is granted.
2. Case 00-06-017 is dismissed.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
