ALJ/JRD/sid DRAFT CA-4

12/7/2000

Decision DRAFT DECISION OF ALJ DEULLOA (Mailed 10/31/2000)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

FLORSHEIM BROTHERS, Complainant, vs. PACIFIC GAS AND ELECTRIC COMPANY, Defendant.

Case 96-05-049 (Filed May 30, 1996)

O P I N I O N

This decision grants Utility Design, Inc. (UDI) an award of $35,669.00 from the Advocates Trust Fund (ATF) in compensation for its contribution to Decision (D.) 98-09-058.

1. Background

D.98-09-058 is the final decision in the above-captioned complaint brought by Florsheim Brothers (Florsheim) against Pacific Gas & Electric Company (PG&E). In its complaint, Florsheim alleged that PG&E violated PG&E Gas Rule 15 by failing to give refunds to line extension applicants for gas trenching costs incurred by applicants who provide the trench used in joint utility installations.¹ In D.98-09-058, the Commission found in Florsheim's favor.

PG&E was ordered to refund to Florsheim certain gas trenching costs and to make appropriate adjustments to the electric portion of these trenching costs. The Commission concluded that Gas Rule 15 made PG&E responsible for all gas trenching costs. The Commission encouraged PG&E to make refunds for gas trenching costs to other similarly situated applicants for line extensions. PG&E subsequently advised the Commission that it decided to make refunds for the period beginning July 1, 1995, to customers for the gas share of the Rule 15 joint electric trench. The criteria set forth in D.98-09-058 would be used in making refunds. PG&E also instructed its offices to prospectively apply Rule 15 as ordered in D.98-09-058. (See UDI Request for Compensation from the Advocates Trust Fund (Request), Exhibit B.) In Gas Advice Letter 2111-G, PG&E outlined a plan to refund gas trenching costs on approximately 2,600 projects. As of February 1, 1999, the total amount of refunds made was $6,389,052. PG&E estimated that the total amount ultimately refunded would be less than the $25 million originally estimated, but was unable to give an exact estimate. (See Request, Exhibit C.)