Joint Statement of Undisputed Facts.pdf - Southern California Edison

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE
STATE OF CALIFORNIA
California Tanning Salons, Inc.,
Complainant,
vs.
Southern California Edison Company (U 338-E),
Defendant.
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Case No. C.12-05-026
(Filed May 30, 2012)
JOINT STATEMENT OF UNDISPUTED FACTS
SCOTT ANTOINE
WOLF GROUP L.A.
JANET S. COMBS
ANDREA TOZER
Attorney for
COMPLAINANT CALIFORNIA
TANNING SALONS, INC.
Attorneys for
SOUTHERN CALIFORNIA
EDISON COMPANY
11400 West Olympic Boulevard 2244 Walnut Grove Avenue
Suite 200 Post Office Box 800
Los Angeles, CA 90064 Rosemead, California 91770
Telephone: (310) 460-3528 Telephone: (626) 302-6713
Facsimile: (310) 457-9087 Facsimile: (626) 302-7740
E-mail: santoine@wolfgroupla.com E-mail: Andrea.Tozer@sce.com
Dated: August 31, 2012
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JOINT STATEMENT OF UNDISPUTED FACTS
Pursuant to the direction of Administrative Law Judge Glenn Stover, during the
Prehearing Conference held on July 27, 2012, Complainant California Tanning Salons, Inc. and
Defendant Southern California Edison Company jointly submit this Statement of Undisputed
Facts:
Complainant California Tanning Salons, Inc. d/b/a Cop-A-Tan (“California Tanning”)
occupies Unit B of a multi-unit retail building located at 1133 Artesia Boulevard in Manhattan
Beach. Wayne LaVassar (“Mr. LaVassar”) is the current owner and president of California
Tanning. He purchased the business in October 2008 from Kathy Biale and Steven Biale.
In November 2008, Mr. LaVassar contacted Defendant Southern California Edison
Company (“Defendant” or “SCE”) to request that electricity service to Unit B be established in
his name. At the time, SCE’s records indicated that Unit B was serviced by two SCE meters,
one of which was Meter No. Y717-042135 (hereafter “Meter 135”).
Another tenant, International Coffee & Tea, LLC, d/b/a The Coffee Bean & Tea Leaf
(“Coffee Bean”), occupies Unit F in the same building where California Tanning operates. At all
times relevant to this case, the Coffee Bean was billed for one meter (Meter No. 0717-006588).
However, it was later discovered that Meter 135 was actually supplying electricity to the Coffee
Bean, instead of California Tanning.
On or around January 27, 2011, an electrician conducting maintenance work for
California Tanning turned off one of its breakers. When the breaker was turned off, it caused the
Coffee Bean to lose some of its power. In February 2011, Mr. LaVassar called into SCE’s phone
center advising SCE of the foregoing. Mr. LaVassar also informed SCE that he had hired an
electrician to verify that Meter 135 served the Coffee Bean.
Based on the information provided by Mr. LaVassar, SCE personnel suspected that there
was a possibility of a cross meter situation between Unit B and Unit F, and requested a field
verification of possible cross meters. The cross meter field investigation was conducted on or
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about May 6, 2011. However, SCE field personnel were unable to complete the investigation
because Coffee Bean would not allow the meters to be shut off. The investigation was closed
pending confirmation from Coffee Bean that it would allow power to its meter to be temporarily
shut off to conduct the test.
In October 2011, Coffee Bean contacted SCE and requested that service from Meter 135
be established in its name going forward. SCE changed the customer of record in its billing
system so that California Tanning no longer received bills related to Meter 135, which serves
Coffee Bean. Later, after receiving the Complaint in this case, Defendant initiated a new cross
meter field investigation at 1133 Artesia Boulevard. This second investigation was able to
determine that two meters, including Meter 135, serve Unit F (Coffee Bean) and one meter
serves Unit B (California Tanning).
On May 30, 2012, California Tanning filed its formal Complaint against Defendant with
the California Public Utilities Commission (“Commission”). The Complaint alleges that
Defendant improperly billed California Tanning for electrical service supplied to another unit in
the same shopping center. California Tanning seeks a refund in the amount of $69,119.70,
which it alleges is the amount that it paid in connection with Meter 135 between June 1, 2001
and October 2011.
Due to confidentiality restrictions, Defendant cannot currently disclose/confirm the
amounts which were billed in connection with Meter 135 prior to November 2008. If necessary,
the parties will cooperate to obtain the required consent(s) for Defendant to disclose this
information. However, Defendant can confirm that it billed approximately $19,018.49 for
electrical service provided through Meter 135 between November 2008 and October 2011.
On July 11, 2012, Defendant filed its verified Answer to the Complaint. In its Answer,
Defendant denied that it improperly billed California Tanning for electrical service. However,
SCE explained that a credit under Rule 17 would be provided to California Tanning in the
amount of $19,181.03. On August 28, 2012, Mr. LaVassar received a check from Defendant in
the amount of $19,181.03. The difference between the refund Defendant provided and the
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amount California Tanning claims to be owed is $49,938.67. California Tanning claims that it is
entitled to a refund of the full amount. Defendant maintains that reimbursement for any amount
California Tanning claims to be owed beyond the amount already refunded by Defendant is
barred by its tariffs and is a civil matter between California Tanning and Coffee Bean.
Respectfully submitted,
SCOTT ANTOINE
JANET S. COMBS
ANDREA TOZER
_/s/ Scott Antoine __________________ _ /s/ Andrea Tozer_____________
By: Scott Antoine By: Andrea Tozer
Attorney for
COMPLAINANT CALIFORNIA
TANNING SALONS, INC.
Attorneys for
SOUTHERN CALIFORNIA
EDISON COMPANY
11400 West Olympic Boulevard 2244 Walnut Grove Avenue
Suite 200 Post Office Box 800
Los Angeles, CA 90064 Rosemead, California 91770
Telephone: (310) 460-3528 Telephone: (626) 302-6713
Facsimile: (310) 457-9087 Facsimile: (626) 302-7740
E-mail: santoine@wolfgroupla.com E-mail: Andrea.Tozer@sce.com
August 31, 2012
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CERTIFICATE OF SERVICE
I hereby certify that, pursuant to the Commission’s Rules of Practice and
Procedure, I have this day served a true copy of JOINT STATEMENT OF
UNDISPUTED FACTS on all parties identified on the attached service list(s) C.12-05-
026. Service was effected by one or more means indicated below:
Transmitting the copies via e-mail to all parties who have provided an e-
mail address.
Placing the copies in sealed envelopes and causing such envelopes to be
delivered by hand or by overnight courier to the offices of the
Commissioner(s) or other addressee(s).
Comm. Michael P Florio ALJ Darwin E Farrar
505 Van Ness Avenue 505 Van Ness Avenue
San Francisco, CA 94102 San Francisco, CA 94102
Placing copies in properly addressed sealed envelopes and depositing such
copies in the United States mail with first-class postage prepaid to all
parties for those listed on the attached non-email list.
Directing Prographics to place the copies in properly addressed sealed
envelopes and to deposit such envelopes in the United States mail with
first-class postage prepaid to all parties.
Executed this August 31, 2012, at Rosemead, California.
__ /s/ Andrea Moreno_____
Andrea Moreno
Project Analyst
SOUTHERN CALIFORNIA EDISON COMPANY
2244 Walnut Grove Avenue
Post Office Box 800
Rosemead, California 91770

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Parties
C/O SCOTT ANTOINE
ANDREA TOZER
WOLF GROUP L.A.
SOUTHERN CALIFORNIA EDISON COMPANY
11400 WEST OLYMPIC BLVD., STE. 200 2244 WALNUT GROVE AVE./PO BOX 800
LOS ANGELES, CA 90064 ROSEMEAD, CA 91770
FOR: CALIFORNIA TANNING SALONS, INC. FOR: SOUTHERN CALIFORNIA EDISON COMPANY
Information Only
LINDA TARRIN
CASE ADMINISTRATION
WOLF GROUP L.A.
SOUTHERN CALIFORNIA EDISON COMPANY
11400 WEST OLYMPIC BLVD., STE. 200 2244 WALNUT GROVE AVENUE / PO BOX 800
LOS ANGELES, CA 90064 ROSEMEAD, CA 91770
State Service
DARWIN FARRAR
CALIF PUBLIC UTILITIES COMMISSION
DIVISION OF ADMINISTRATIVE LAW JUDGES
ROOM 5041
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3214
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