E. Assignment of Proceeding
Carl Wood is the Assigned Commissioner and Maribeth A. Bushey is the assigned ALJ in this proceeding.
1. PAWW's last general rate case was in 1991.
2. Since some time after 1991, PAWW's rates have failed to generate sufficient revenue to meet reasonable expenses.
3. PAWW received extraordinary revenue in the form of income tax refunds over a multi-year period ending in 1995.
4. PAWW did not seek Commission direction as to the disposition of the income tax refunds.
5. PAWW and the City entered into a stipulation that resolved all but one issue in this proceeding.
6. The stipulation is unopposed.
7. The stipulating parties are fairly reflective of the affected interests in this proceeding.
8. No term of the stipulation contravenes statutory provisions or prior Commission decisions.
9. The stipulation conveys sufficient information to permit the Commission to discharge its future regulatory obligations with respect to the parties and their interests.
10. PAWW overcharged its 5/8 x 3/4 inch meter customers for approximately 10 years, and has refunded the overcharges for 1999, 2000, and 2001.
11. PAWW does not assert that its customers should have been expected to discover the overcharges before 2000.
12. PAWW has not presented information indicating that customers should have been aware of the actual size of their meters or that PAWW would have informed customers of the correct meter size if customers had contacted the utility.
13. The record shows that customers could not reasonably be expected to have discovered the overcharges before PAWW discovered the overcharges and notified the Commission in 2000.
1. The stipulation is an uncontested settlement as defined in Rule 51(f).
2. The stipulation is reasonable in consideration of the whole record, consistent with law, and in the public interest.
3. The stipulation should be adopted.
4. Section 736 provides that all claims against a public utility must be filed within three years.
5. The three-year statute of limitations in section 736 was tolled from 1991 to 2000 because customers could not reasonably be expected to discover the overcharges during that period.
6. The statute of limitations does not bar any claims for refunds in this case.
7. PAWW should make additional refunds, plus interest, going back to when the overcharges began in 2001.
IT IS ORDERED that:
1. The stipulation between Point Arena Water Works (PAWW) and the City of Point Arena, filed April 8, 2004, is approved and adopted. The parties shall comply with all provisions of the stipulation.
2. PAWW shall file the advice letter described in paragraph 4 of the stipulation within 60 days of the date of issuance of this decision.
3. In accordance with paragraph 5 of the stipulation, the additional refunds ordered by this decision, plus interest on those refunds, shall be used to offset any surcharge amounts that may be authorized pursuant to paragraph 4 of the stipulation. In the event that the additional refund amount, including interest, exceeds the paragraph 4 surcharge amounts, PAWW shall consult with the Commission's Water Division to prepare a proposal for the refund of those additional amounts and shall file an advice letter seeking approval of such proposal.
4. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
CERTIFICATE OF SERVICE
I certify that I have by mail, and by electronic mail to the parties of which an electronic mail address has been provided; this day served a true copy of the original attached Alternate Draft Decision of Commissioner Lynch on all parties of record for proceeding A.02-11-057 or their attorneys of record.
Dated August 5, 2004, at San Francisco, California.
Ernesto Melendez |
NOTICE
Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.
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