III. Remedies Requested

In its Complaint, ORA requests that the Commission adopt the following remedies:

· Order Pacific to provide customers with guarantees of quality repair service within a specified time, and amend its tariff to include that guarantee;

· Order Pacific to provide customers with a credit in an amount to be determined if Pacific fails to meet repair service guarantees, and amend its tariff to include that credit;

· Establish a penalty mechanism if Pacific fails to meet repair service guarantees;

· Order Pacific to provide customers who call Pacific for repairs with an opportunity to request a 4-hour appointment period, and amend its tariff to include a 4-hour appointment period;

· Order an audit of Pacific's records to determine if it is in compliance with General Order (GO) 133-B requirements that it provide the Commission all initial reports from customers relating to dissatisfaction with Pacific's repair service; and

· Order any further relief the Commission deems appropriate.

In its Opening Brief, ORA made some modifications to its list and proposed the following additional procedures and reports: (1) order workshops to develop out-of-service repair intervals and to establish the appropriate compensation to be paid to customers for failure to meet them; (2) order Pacific to provide ORA with raw data on residential repair intervals in hours on a quarterly basis; (3) order an audit of Pacific's 611 operations as they relate to the way in which Pacific records, tracks, and reports calls; (4) order Pacific to record the complaints it receives about its residential repair service and maintain those records for at least 3 years; and (5) on a quarterly basis, provide ORA with all customer complaints Pacific has received regarding its residential repair service.

Pacific objects to ORA adding these new remedies in its Opening Brief, leaving Pacific no opportunity to provide factual evidence rebutting the basis of the new remedies. Pacific sees the amended request for new types of relief as a blatant violation of Rule 10 of our Rules of Practice and Procedure. The pertinent part of Rule 10 reads as follows:

The complaint shall be so drawn as to completely advise the defendant and the Commission of the facts constituting the grounds of the complaint, the injury complained of, and the exact relief which is desired. (Emphasis added.)

We agree that ORA's request at the briefing stage for workshops and an audit ((1) and (3) above) can and should have been made earlier. On the other hand, (2), (4), and (5) are more in the nature of data requests than "relief" within the meaning of Rule 10. In any event, in this decision we do order such monitoring and reporting as are necessary to ensure Pacific's compliance with our order, and ORA will receive those monitoring reports. Also, we remind Pacific and ORA that § 309.5 authorizes ORA to obtain any information it deems necessary to perform its duties from utilities regulated by the Commission; ORA does not need either an order from the Commission or a particular on-going proceeding as a pre-condition to obtaining information from Pacific.