Assignment of Proceeding
Michael R. Peevey is the Assigned Commissioner and James McVicar is the assigned ALJ in this proceeding.
1. Verizon has acknowledged instances of potential ICB and express contract date alteration that, as altered, would give the inaccurate appearance of compliance with Commission filing requirements as well as other potential violations of Rule 1.
2. The total number of Verizon's potential violations of the Commission's filing requirements and/or Rule 1 has not been precisely quantified, but it is substantial.
3. Verizon has voluntarily taken steps to investigate, report and remedy problems with its ICB and express contracting activities.
4. The cost of the audit ordered in I.02-04-027 may exceed the public benefit it would produce.
5. The proposed settlement agreement is based on the record the parties have developed, and the remedies it proposes are commensurate with the problems they have documented.
6. The settlement presents a reasonable resolution of all of the issues in this proceeding.
7. There is no known opposition to the settlement.
8. No hearing is required.
1. The proposed settlement proffered by Verizon and CPSD is an uncontested settlement as defined in Rule 51(f).
2. The $4,836,000 penalty Verizon has agreed to pay into the state General Fund is consistent with the limitations set forth under Pub. Util. Code § 2107.
3. The settlement is reasonable in light of the whole record, consistent with law, and in the public interest.
4. The settlement should be approved.
5. Pub. Util. Code Section 1701.2 does not apply to this proceeding.
6. Public review and comment regarding ALJ's draft decision should be waived pursuant to Pub. Util. Code § 311(g)(2).
7. For administrative efficiency, this order should be made effective today.
IT IS ORDERED that:
1. The Joint Motion of Consumer Protection and Safety Division and Verizon California Inc. (Verizon) for Adoption of Settlement is granted. Public review and comment regarding the draft decision is waived, and the settlement agreement attached to this decision as Appendix A is approved.
2. Verizon shall pay a fine of $4,836,000 to the California Public Utilities Commission for deposit to the General Fund, and shall remit said amount to the Commission's Fiscal Office at 505 Van Ness Avenue, Room 3000, San Francisco, California 94102, within 30 days of the effective date of this order. The number of this decision shall be included on the face of the check.
3. The Commission originally determined that hearings would be required in this proceeding. Because we have decided to approve the settlement, the Commission herein determines that no hearings are needed in this proceeding.
4. This proceeding is closed.
This order is effective today.
Dated September 2, 2004, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
I reserve the right to file a dissent.
/s/ CARL WOOD
Commissioner
I reserve the right to join the dissent of Commissioner Wood.
/s/ LORETTA LYNCH
Commissioner
