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Public Utilities Commission rejects complaint of over-billing at San Onofre

A complaint filed February 13 alleging that San Onofre Nuclear Generating Station operator Southern California Edison potentially overcharged by as much as $100 million for installation of new steam generators (that failed less than two years into their service life periods) was promptly rejected by the California Public Utilities Commission.

“The Docket Office Advisor, John Wong, who is also an Administrative Law Judge, directed that the complaint be rejected for the following reasons, to wit: The complaint alleges violation of securities laws and unfair competition/false claims, over which the Commission has no jurisdiction. Moreover, the complaint fails to allege any violation of a PUC code sections or of a Commission decision,” reads the Commission’s response to the Alliance for Nuclear Responsibility, a nuclear watchdog group that had filed the complaint.

The Alliance’s lawyer, former Commission member John Geesman, quickly fired back a protest of the rejection:

I am respectfully asking you to reconsider, or provide some written explanation of how your decision is consistent with Cal. Pub. Util. Code § 1702 or the Commission’s own Rule 4.1(a)(1), which both use identical language to enable a complaint

setting forth any act or thing done or omitted to be done by any public utility including any rule or charge heretofore established or fixed by or for any public utility, in violation, or claimed to be in violation, of any provision of law or of any order or rule of the Commission;

Your rejection narrows A4NR’s rights as a Complainant considerably more than the Legislature or the Commission intended, respectively, under § 1702 and Rule 4.1(a)(1).

Secondly, A4NR’s Complaint asks the Commission, pursuant to Cal. Pub. Util.Code § 2101, to request the Attorney General institute court actions for the recovery of damages and punishment of the violations of law alleged therein. Again, this statutory authority is not confined to violations of the Public Utilities Code but rather “the enforcement of the provisions of the Constitution and statutes of this State affecting public utilities and for the punishment of all violations thereof.”

Finally, the Complaint alleges conduct which deliberately misrepresents the Commission’s D.05- 12-040. As remedy, it seeks an order to show cause why those committing such conduct should not be found in contempt of the Commission under Cal. Pub. Util. Code § 2113.

Any updates to the complaint status, or expanded justification to its dismissal, will be followed by News Ticker.

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A complaint filed February 13 alleging that San Onofre Nuclear Generating Station operator Southern California Edison potentially overcharged by as much as $100 million for installation of new steam generators (that failed less than two years into their service life periods) was promptly rejected by the California Public Utilities Commission.

“The Docket Office Advisor, John Wong, who is also an Administrative Law Judge, directed that the complaint be rejected for the following reasons, to wit: The complaint alleges violation of securities laws and unfair competition/false claims, over which the Commission has no jurisdiction. Moreover, the complaint fails to allege any violation of a PUC code sections or of a Commission decision,” reads the Commission’s response to the Alliance for Nuclear Responsibility, a nuclear watchdog group that had filed the complaint.

The Alliance’s lawyer, former Commission member John Geesman, quickly fired back a protest of the rejection:

I am respectfully asking you to reconsider, or provide some written explanation of how your decision is consistent with Cal. Pub. Util. Code § 1702 or the Commission’s own Rule 4.1(a)(1), which both use identical language to enable a complaint

setting forth any act or thing done or omitted to be done by any public utility including any rule or charge heretofore established or fixed by or for any public utility, in violation, or claimed to be in violation, of any provision of law or of any order or rule of the Commission;

Your rejection narrows A4NR’s rights as a Complainant considerably more than the Legislature or the Commission intended, respectively, under § 1702 and Rule 4.1(a)(1).

Secondly, A4NR’s Complaint asks the Commission, pursuant to Cal. Pub. Util.Code § 2101, to request the Attorney General institute court actions for the recovery of damages and punishment of the violations of law alleged therein. Again, this statutory authority is not confined to violations of the Public Utilities Code but rather “the enforcement of the provisions of the Constitution and statutes of this State affecting public utilities and for the punishment of all violations thereof.”

Finally, the Complaint alleges conduct which deliberately misrepresents the Commission’s D.05- 12-040. As remedy, it seeks an order to show cause why those committing such conduct should not be found in contempt of the Commission under Cal. Pub. Util. Code § 2113.

Any updates to the complaint status, or expanded justification to its dismissal, will be followed by News Ticker.

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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