Discussion - California

?ALJ/KK3/mln/avsDate of Issuance 10/15/2020Decision 20-10-010 October 8, 2020BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIABrandi Galasso, Complainant, vs. Southern California Edison Company (U338E), Defendant.(ECP)Case 19-10-013ORDER EXTENDING DEADLINESummaryThe California Public Utilities Commission resolves Expedited Complaint Proceedings within 12 months after they are initiated, unless the Commission makes findings why that deadline cannot be met and issues an order extending the 12-month deadline. In this proceeding, the 12-month deadline for resolving the case is October 25, 2020. The procedural schedule in this matter was suspended upon the parties’ mutual request to conduct Alternative Dispute Resolution (ADR). Subsequently, the State of California directed residents to shelter-in-place. Complainant requested that ADR be conducted in-person. Because of these circumstances, we have concluded that it is appropriate to extend the 12-month deadline in this case for six months, until April 25, 2021. BackgroundOn October 25, 2019, Complainant, Brandi Galasso, filed an expedited complaint alleging that Defendant, Southern California Edison Company failed to place her on an all-electric rate, failed to renew her medical baseline, failed to grant her a second medical baseline, failed to apply the California Alternative Rate for Energy, and made numerous billing errors. Prior to beginning the December 16, 2020 hearing, Complainant requested the matter be accepted into the California Public Utilities Commission’s (Commission) ADR Program.On March 6, 2020, the Chief Administrative Law Judge (ALJ) assigned the matter to ALJ Adeniyi Ayoade. On March 19, 2020, Governor Gavin Newsom ordered residents to shelter in place. Subsequently, ALJ Ayoade began a limited term assignment as a Contact Tracer. On August 11, 2020, the Chief ALJ assigned ALJ Valerie Kao and ALJ S. Pat Tsen to conduct ADR. ALJs Kao and Tsen scheduled an ADR session to be conducted by WebEx. Complainant requested that ADR be conducted in person. Parties are now working to reschedule a telephonic session. DiscussionBoth Complainant and Defendant determined with good faith to attempt to settle this matter and initiated the process to begin ADR. Unfortunately, the Covid-19 pandemic resulted in shelter-in-place orders making travel impossible. The Commission recently began conducting ADR by WebEx and telephone and the matter is moving forward. Under all the circumstances of this case, we believe that a six-month extension of time, until April 25, 2020 should be sufficient to allow for the parties sufficient time to mediate the matter or return to litigation. Waiver of Comment PeriodUnder Rule 14.6(c)(4) of the Rules of Practice and Procedure, the Commission may waive the otherwise applicable 30-day period for public review and comment on a decision that extends the 12-month deadline set forth in Pub. Util. Code § 1701.2(e). Under the circumstances of this case, it is appropriate to waive the 30-day period for public review and comment.Assignment of ProceedingMartha Guzman Aceves is the assigned Commissioner and Katherine Kwan MacDonald is the assigned ALJ and presiding officer in this proceeding.Findings of FactThe expedited complaint was filed on October 25, 2020. An extension of time until April 25, 2021 should allow the parties adequate time to determine whether settlement is possible or return the matter the assigned ALJ for adjudication including time to draft a decision, provide parties with time to decide whether to file an appeal. Conclusions of LawBecause of the impact of Covid-19 and the ongoing shelter in place orders, it will not be possible to resolve this case within the 12- month period set by the Commission.The 12-month deadline should be extended for six months to allow for resolution of this proceeding.IT IS ORDERED that the 12-month deadline in this proceeding, October 25, 2020, is extended to and including April 25, 2021.This order is effective today.Dated October 8, 2020, at San Francisco, California.MARYBEL BATJER PresidentLIANE M. RANDOLPHMARTHA GUZMAN ACEVESCLIFFORD RECHTSCHAFFENGENEVIEVE SHIROMA Commissioners ................
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