Motion to Dismiss in Silver King Oceanic Farms LLC vs Pacific Gas & Electric Company| Trellis.Law

On June 03, 2022 a Motion,Ex Parte was filed involving a dispute between Silver King Oceanic Farms Llc, and Pacific Gas & Electric Company, for (42) Unlimited Other Complaint (Not Spec) in the District Court of Santa Cruz County.

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GOUGH & HANCOCK LLP
GAYLE L. GOUGH (SBN 154398)
gayle.gough@ ghcounsel.com
50 California Street, Suite 1500
San Francisco, CA 94111
Telephone: (415) 848-8918

Attomeys for Defendant
PACIFIC GAS AND ELECTRIC COMPANY

SUPERIOR COURT OF THE STATE OF CALIFORNIA

INAND FOR THE COUNTY OF SANTA CRUZ

11 SILVER KING OCEANIC FARMS LLC, CASE NO. 22CV01137
12 Plaintiff, DEFENDANT PACIFIC GAS AND
ELECTRIC COMPANY’S REQUEST
13 Vv.
FORJUDICIAL NOTICE IN SUPPORT
14 PACIFIC GAS & ELECTRIC COMPANY, a OF MOTION TO DISMISS, OR
California Corporation and Public Utility; and ALTERNATIVELY JUDGMENT ON
15 DOES 1 through 99 inclusive, THE PLEADINGS, FOR PLAINTIFF'S
LACK OF CAPACITY, LACK OF
16 Defendants. SUBJECT MATTER JURISDICTION,
17 AND FAILURE TO STATE A CAUSE OF
ACTION
18
Date: April 8, 2024
19 Time: 8:30 am.
Dept: 5
20
Complaint Filed: June 3, 2022
21 Trial Date: April 22, 2024

22 Defendant Pacific Gas and Electric Company (“PG&E”) respectfully requests that the

23 Court take judicial notice of the following matters pursuant to the authority cited below:

24 1 Exhibit 1: True and correct copies of two California Secretaryof State

25 Certificates
of Status, Certificate no. 183010416, dated February 16, 2024, and Certificate no.

26 189554334, dated March 8, 2024, are attached hereto as Exhibit 1.! The Court may take judicial

27
! The California Secretary of State Certificates of Status were downloaded from
28 https://bizfileonline.sos.ca.gov/search/business and attached to this Request for Judicial Notice.
See Declaration of Gayle L. Gough (“Gough Dec.”), 99, filed and served herewith.
1
DEFENDANT PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MOTION TO DISMISS, OR ALTERNATIVELY JUDGMENT ON THE PLEADINGS
notice of the Califomia Secretary of State Certificates of Status because they are official acts of

the California Secretary of State. (Evid. Code §§ 452(c), 453; see also Rev. & Tax Code §23302

[certificate of the Secretary of State shall be prima facie evidence of suspension”].) The

California Secretary of State, Certificate of Status no. 183010416, dated February 16, 2024,

states that Silver King Oceanic Farms (“Silver King”) was suspended by the Franchise Tax
ou
Board (“FTB”), and Silver King’ s powers, rights and privileged are suspended in Califomia.”

The California Secretary of State, Certificate of Status no. 189554334, dated March 8, 2024,

shows that Silver King’s status has not changed.

2 Exhibit 2: A true and correct copy of Tariff, Electric Rule 10 approved by the

10 Califomnia Public Utilities Commission (“CPUC”) is attached hereto as Exhibit 2.2 The Court

11 may take judicial notice of Electric Rule 10 because it is a regulation issued by the authority of a

12 public entity in the United States. (Evid. Code §§ 452(b), 453; see also Colich & Sons v. Pac.

13 Bell (1988) 198 Cal.App.3d 1225, 1232 [“A public utility’s tariffs filed with the PUC have the

14 force and effect of law” ]; Dollar-A-Day-Rent-A-Car-Systems, Inc. v. Pacific Tel & Tel. Co.

15 (1972) 26 Cal. App.3d 454, 457 [“A court may take judicial notice of the provisions of a tariff”].)

16 Electric Rule 10 sets forth a detailed review procedure for disputed bills. Electric Rule 10.B.2.f

17 provides: “Failure of the customer to submit a dispute to the Commission in accordance with b.

18 and c. [procedure for CPUC review] will warrant discontinuance of his service in accordance

19 with Rule 11.”

20 3 Exhibit 3: A true and correct copy of Tariff, Electric Rule 11 approved by the

21 CPUC is attached hereto as Exhibit 3. The Court may take judicial notice of Electric Rule 11

22 because it is a regulation issued by the authority of a public entity in the United States. (Evid.

23 Code §§ 452(b), 453; see also Colich & Sons v. Pac. Bell (1988) 198 Cal.App.3d 1225, 1232 [“A

24 public utility’s tariffs filed with the PUC have the force and effect of law”); Dollar-A-Day-Rent-

25 A-Car-Systems, Inc. v. Pacific Tel & Tel. Co. (1972) 26 Cal.App.3d 454, 457 [“A court may take

26 judicial notice of the provisions of a tariff”].) Electric Rule 11 states, in part: “If PG&E

27 terminates . . service to a customer... for any of the reasons or upon any of the grounds stated

28 2 The Tariffs, Electric Rules were downloaded from https://www.pge.com/tariffs/index.page and
attached to this Request for Judicial Notice. See Gough Dec., 410, filed and served herewith.
2
DEFENDANT PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MOTION TO DISMISS, OR ALTERNATIVELY JUDGMENT ON THE PLEADINGS
herein, PG&E shall incur no liability whatsoever to said customer... or to any other customers

or persons.” Electric Rule 11.C.1 provides, in part: “If PG&E and the customer cannot agree on

payment arrangements, the customer may submit a complaint to the Commission ....”

4 Exhibit 4: A true and correct copy of excerpts from Tariff, Electric Rule 14

approved by the CPUC is attached hereto as Exhibit 4. The Court may take judicial notice of

Electric Rule 14 because it is a regulation issued by the authority of a public entity in the United

States. (Evid. Code §§ 452(b), 453; see also Colich & Sons v. Pac. Bell (1988) 198 Cal. App.3d

1225, 1232 [“A public utility’s tariffs filed with the PUC have the force and effect of law”);

Dollar-A-Day-Rent-A-Car-Systems, Inc. v. Pacific Tel & Tel. Co. (1972) 26 Cal.App.3d 454, 457

10 [“A court may take judicial notice of the provisions of a tariff”].) Electric Rule 14 states:

11 PG&E will exercise reasonable diligence and care to furnish and deliver a continuous and
sufficient supply of electric ene: to the customer, but does not guarantee continuity or
12 sufficiency of supply. PG&E will not be liable for interruption or shortage or
insufficiency of supply, or any loss or damage of any kind of character occasioned
13 thereby, if same is caused by inevitable accident, act of God, fire, strikes, riots, war, or
any other cause except that arising from its failure to exercise reasonable diligence.
14

15 Dated: March 12, 2024 GOUGH & HANCOCK LLP

18
on, easel
GAYLE L. GOU' GH
(tosh
Attorneys for Defendant
PACIFIC GAS AND ELECTRIC COMPANY
19

20
21

3
DEFENDANT PACIFIC GAS AND ELECTRIC COMPANY'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MOTION TO DISMISS, OR ALTERNATIVELY JUDGMENT ON THE PLEADINGS
EXHIBIT 1
Seen OE TAN
Secretary of State
: Ss
Certificate of Status
LiFORN.

|, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:

Entity Name: SILVERKING OCEANIC FARMS
Entity No.: 0579796
Registration Date: 09/11/1969
Entity Type: Stock Corporation - CA - General
Formed In: CALIFORNIA
Status: Suspended - FTB

The above referenced entity's powers, rights and privileges are suspended in California.

This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this
certificate and does not reflect documents that are pending review or other events that may affect status.

No information is available from this office regarding the financial condition, status of licenses, if any,
business activities or practices of the entity.

IN WITNESS WHEREOF. | execute this certificate and affix
es uy the Great Seal of the State of California this day of February
REK
rt 16, 2024.
YF

ar
ask
ap fea a Eng
OF
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Geb 44 (aa

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ep
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) esfr SHIRLEY N. WEBER, PH.D.
Secretary of State
uy
TOES

Certificate No.: 183010416

To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State
Certification Verification Search available at bizfileOnline.sos.ca.gov.
Secretary of State
Ss iD
Certificate of Status

|, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:

Entity Name: SILVERKING OCEANIC FARMS
Entity No.: 0579796
Registration Date: 09/11/1969
Entity Type: Stock Corporation - CA - General
Formed In: CALIFORNIA
Status: Suspended - FTB

The above referenced entity's powers, rights and privileges are suspended in California.

No information is available from this office regarding the financial condition, status of licenses, if any,
business activities or practices of the entity.

IN WITNESS WHEREOF, | execute this certificate and affix
G5 a the Great Seal of the State of California this day of March 08,
REK
SO 2024.
Eee, AN

AY,
mm

ae fea -a OF
72 —of ef
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“i Af
ty Cg
Su
cern a
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SHIRLEY N. WEBER, PH.D.
Secretary of State
SSueess55

Certificate No.: 189554334

U39 San Francisco, California

ELECTRIC RULE NO. 10 Sheet 1
DISPUTED BILLS

A. CORRECTNESS OF BILL

If the correctness of a bill is questioned or disputed by a customer, an explanation
should be promptly requested from PG&E. If the bill is determined to be incorrect,
PG&E will issue a corrected bill.

BILL REVIEW PROCEDURE

A customer who has initiated a complaint or requested an investigation shall be given
an opportunity for review of his complaint.
1 After review, when a residential customer and PG&E agree on the amount of the
bill, PG&E will determine and advise the customer: (1) if an amortization period
to pay the unpaid balance is warranted or (2) the date the unpaid balance of his
account must be paid. If an amortization period is warranted and agreed to by
the customer, service will not be discontinued for nonpayment for any customer
complying with such amortization agreement, provided the customer also keeps
current his account for utility service as charges accrue in each subsequent
billing period. If the customer fails to comply with such amortization agreement,
service shall be subject to discontinuance for nonpayment of bills as provided
Rule 11.

After review, when a customer and PG&E fail to agree on the amount of the bill
and upon review PG&E has determined to its satisfaction that the bill is correct,
PG&E will explain to the customer that:

a PG&E has completed its investigation and review.

(Continued)

Advice 1306-E Issued by Date Filed July 12, 1990
Decision Robert S. Kenney Effective August 21, 1990
Vice President, Regulatory Affairs Resolution
Pacific Gas and Revised Cal. P.U.C. Sheet No. 11309-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 10224-E

U39 San Francisco, California

ELECTRIC RULE NO. 10 Sheet 2
DISPUTED BILLS

B. BILL REVIEW PROCEDURE (Cont'd.)

2 (Cont'd.)

b. In lieu of paying the disputed bill, he may deposit with the California Public
Utilities Commission at its office in the State Building, San Francisco,
California 94102, the amount claimed by PG&E to be due. A check or other
form of remittance for such deposit should be made payable to the California
Public Utilities Commission. A residential customer who is unable to pay the
full amount in dispute will not be required to deposit the disputed amount
during Commission review. A nonresidential customer who is unable to
deposit the full amount in dispute for a bill covering a period in excess of
90 days shall deposit an amount equal to 90 days at the average disputed
charge per day of the disputed bill.

The customer shall submit the disputed bill and a statement setting forth the
basis for the dispute of the amount billed. The Commission will not,
however, accept deposits when the dispute appears to be over matters that
do not directly relate to the accuracy of the bill. Such matters include the
quality of a utility's service, general level of rates, pending rate applications,
and sources of fuel and power. Disputes over termination policy will be
resolved in accordance with Rule 11.A.2.1. which does not require such a
deposit.

Upon receipt of the deposit, the Commission will notify PG&E, review the
basis of the billed amount, and advise both parties of its findings and
disburse any deposit in accordance therewith.

Service will not be discontinued for nonpayment of the disputed bill when
deposit has been made with the Commission pending the outcome of the
Commission's review.

(Continued)

Advice 1306-E Issued by Date Filed July 12, 1990
Decision Robert S. Kenney Effective August 21, 1990
Vice President, Regulatory Affairs Resolution
Pacific Gas and Revised Cal. P.U.C. Sheet No. 11310-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 10224-E

U39 San Francisco, California

ELECTRIC RULE NO. 10 Sheet 3
DISPUTED BILLS

B. BILL REVIEW PROCEDURE (Cont'd.)

2 (Cont'd.)

f. Failure of the customer to submit a dispute to the Commission in accordance
with b. and c. above will warrant discontinuance of his service in accordance
with Rule 11.

If, before completion of the Commission's review, additional bills become
due which the customer also wishes to dispute, he should follow the
procedures set forth in b. and c. above with regard to the additional amounts
claimed by PG&E to be due. Failure to follow the procedures in b. and c.
above will warrant discontinuance of his service in accordance with Rule 11.

Subsequent bills, not in dispute, rendered prior to the settlement of the
disputed bill, will be due and payable in accordance with Rules 9 and 11.

Advice 1306-E Issued by Date Filed July 12, 1990
Decision Robert S. Kenney Effective August 21, 1990
Vice President, Regulatory Affairs Resolution
EXHIBIT 3
Pacific Gas and Revised Cal. P.U.C. Sheet No. 49317-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 46810-E

U39 San Francisco, California

ELECTRIC RULE NO. 11 Sheet 1
DISCONTINUANCE AND RESTORATION OF SERVICE

If PG&E terminates or refuses to restore service to a customer or any other person for
any of the reasons or upon any of the grounds stated herein, PG&E shall incur no liability
whatsoever to said customer or person or to any other customers or persons.

A. CUSTOMER REQUEST TO TERMINATE LIABILITY FOR PAYMENT FOR
SERVICE

1 SERVICE TO OTHER THAN MULTIFAMILY ACCOMMODATIONS

When a customer wants to terminate liability for payment for service, the
customer shall give PG&E not less than two days notice and state the date on
which the termination is to become effective. The customer may be held
responsible for all service furnished at the premises until two days after receipt
of such notice by PG&E, or until the date of termination specified in the notice,
whichever date is later.

SERVICE TO MULTIFAMILY ACCOMMODATIONS

When a customer wants to terminate liability for payment for the service
supplied to a multifamily accommodation and the termination may deprive
residential tenants of service, the customer shall give PG&E and the tenants
notice at least 10 days prior to the date the customer desires to terminate
liability for payment for the service. The customer may be held responsible for
all service furnished at the premises until ten days after receipt of such notice by
PG&E, or until the date of termination specified in the notice, whichever date is
later.

B. TERMINATION OF SERVICE FOR NONPAYMENT—WEEKENDS, HOLIDAYS
AND EXTREME WEATHER FORECASTS.

Service will not be terminated for nonpayment of bills or credit deposit requests on
Saturdays, Sundays, legal holidays or when the offices of PG&E are closed to the
public. ' (T)
Residential service shall not be disconnected when temperatures above 100
degrees or below 32 degrees are forecasted by PG&E based on a 72-hour look-
ahead period, or for credit deposit requests.

1 A customer may still be disconnected for non-payment if PG&E’s customer service (N)
offices are closed to the public as long as the customer has access to PG&E in
accordance with Public Utilities Code 708.3 (N)

(Continued)

Advice 6142-E Issued by Submitted April 1, 2021
Decision Robert S. Kenney Effective April 1, 2021
Vice President, Regulatory Affairs Resolution M-4849
Pacific Gas and Revised Cal. P.U.C. Sheet No. 47627-E
1 Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 43885-E

U 39 San Francisco, California

ELECTRIC RULE NO. 11 Sheet 2
DISCONTINUANCE AND RESTORATION OF SERVICE

C. TERMINATION OF SERVICE FOR NONPAYMENT — RESIDENTIAL (T)
Monthly bills for residential service are due and payable upon presentation and will (T)
be considered past due if payment is not received by PG&E within 19 days after the
bill is mailed to the customer.
When a bill has become past due and the customer has received notice in (T)
accordance with Rule 8 that service will be terminated for nonpayment, PG&E may
terminate any and all services the customer is receiving unless an exception
described in Sections C.1‘ through C.3, below, applies.
1 INABILITY TO PAY—RESIDENTIAL
PG&E must offer payment arrangements for a twelve (12) month duration toa (T)
customer who alleges an inability to pay. This includes when either the
customer or a full time resident in the customer's home qualifies for the medical
baseline program (see Electric Rule 19).2 PG&E may, at its option, offer
additional payment arrangements to a customer who is unable to adhere to the
terms of an existing arrangement. (1)
Customers shall not be disconnected for nonpayment until PG&E offers to enroll (N)
eligible customers in all ap} pl icable benefit programs administered by PG&E. If
PG&E has discussions wit a customer prior to disconnection, PG&E shall
inquire if the customer is interested in hearing about the applicable benefit
programs. Residential customers must enroll in the applicable benefit program
within two billing cycles of being made aware of the applicable benefit programs.

Customers shall not be disconnected if they currently have a Low-Income Home
Energy Assistance Program pledge pending. (N)
It is the customer's responsibilityto contact PG&E to request payment
arrangements. If payment arrangements are made, such payment
arrangements will be by Amortization Agreement, as described in Section
C.1.a., below, or by Extension Agreement, as described in Section C.1.b.,
below.

(L)
(L)
' PG&E will suspend disconnections for non-payment, waive reconnection and return check fees,
and waive security deposit fee requirements for reestablishment of service for customers
affected by a disaster as described in the Emergency Consumer Protection Plan definition in
Electric Rule 1.
2 PG&E will work with customers to extend payment arrangements for any outstanding balances
on their account for customers affected by a disaster as described in the Emergency Consumer
Protection Plan definition in Electric Rule 1.

(Continued)

Advice 5876-E-B Issued by Submitted September 29, 2020
Decision D.20-06-003 Robert S. Kenney Effective duly 16, 2020
Vice President, Regulatory Affairs Resolution
Pacific Gas and Revised Cal. P.U.C. Sheet No. 55894-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 46812-E

U39 Oakland, California

ELECTRIC RULE NO. 11 Sheet 3
DISCONTINUANCE AND RESTORATION OF SERVICE

C. TERMINATION OF SERVICE FOR NONPAYMENT OF BILLS — RESIDENTIAL
(Cont'd.)
1 INABILITY TO PAY — RESIDENTIAL (Cont'd.)

PG&E shall visit, in-person, special needs profiled customers that have
previously been identified as Medical Baseline, Life Support, or has self-certified
that they have a serious illness or condition that could become life threatening if
service is disconnected, within the 48 hours prior to, or at the time of, service
termination. At the time of such visit, the field representative will provide the
customer with a Pay-by-Phone option or provide the customer a courtesy
extension of 48 hours to make payment if they indicate a desire to pay ata (T)
neighborhood payment center. (T)
Service may be terminated to any customer, including special needs profiled
customers who do not comply with a payment arrangement as described in
Section C.1.a, below, or by an Extension Agreement, as described in Section
C.1.b. below.

When the customer and PG&E have agreed upon payment arrangements,
PG&E will not terminate service as long as the customer complies with the
arrangements. However, if the customer fails to comply, PG&E may terminate
any and all services the customer is receiving after notice is given in accordance
with Section C.1.a. or Section C.1.b., below.

If PG&E and the customer cannot agree on payment arrangements, the
customer may submit a complaint to the Commission in accordance with
Section C.1.c., below.

The customer shall be provided information on the availability of financial
assistance.

a AMORTIZATION AGREEMENT — RESIDENTIAL

An Amortization Agreement is a contract between PG&E and the customer
by which the customer is allowed to make installment payments of a past
due balance while also paying subsequent PG&E bills before these bills
become past due. Customers shall be offered a 12-month payment plan
and will not be disconnected if they are enrolled in a 12-month payment
plan and are current on both monthly bills and the 12-month payment plan.

If the customer fails to comply with the Amortization Agreement, the entire
amount owing will become immediately due and payable and any and all
services the customer is receiving may be terminated. However, service
will not be terminated until the customer has received notice, either by
telephone or in writing, at least 48 hours prior to termination.
(Continued)

Advice 6928-E Issued by Submitted May 8, 2023
Decision 22-12-033 Meredith Allen Effective June 7, 2023
Vice President, Regulatory Affairs Resolution
Pacific Gas and Revised Cal. P.U.C. Sheet No. 46813-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 13143-E

U39 San Francisco, California

ELECTRIC RULE NO. 11 Sheet 4
DISCONTINUANCE AND RESTORATION OF SERVICE

C. TERMINATION OF SERVICE FOR NONPAYMENT OF — RESIDENTIAL (Cont'd.) (T)
1 INABILITY TO PAY—RESIDENTIAL (Cont'd.)

b. EXTENSION AGREEMENT—RESIDENTIAL

An Extension Agreement is a contract between PG&E and the customer by
which the customer is allowed to make a single payment of a past due
balance on or by a specified date while also paying subsequent PG&E bills
before they become past due.

When the customer has received a 15-day notice of termination and fails to
comply with the Extension Agreement, the notice of termination will remain
in effect, and collection action will continue. When the customer has
received a 48-hour notice of termination and fails to comply with the
Extension Agreement, the notice of termination will remain in effect, and
any and all services the customer is receiving may be terminated without
further notice.

FAILURE TO AGREE ON PAYMENT ARRANGEMENTS

When the customer and PG&E fail to agree on payment arrangements, it is
the customer's responsibility to contact the California Public Utilities
Commission's (CPUC) Consumer Affairs Branch (CAB) in a timely manner
to avoid termination. The customer may:

1) Write to the CAB to make a complaint alleging an inability to pay and
indicating that payment arrangements have not been mutually agreed
upon by the customer and PG&E.

2) When the customer has submitted a complaint to the CAB, the CAB
will notify PG&E and PG&E will respond to the complaint within 10
days. The CAB will report its proposed resolution to the parties in
accordance with CPUC procedures.

(Continued)

Advice 5876-E Issued by Submitted July 16, 2020
Decision 20-06-003 Robert S. Kenney Effective July 16, 2020
Vice President, Regulatory Affairs Resolution
Pacific Gas and Revised Cal. P.U.C. Sheet No. 46814-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 27802-E

U39 San Francisco, California

ELECTRIC RULE NO. 11 Sheet 5
DISCONTINUANCE AND RESTORATION OF SERVICE

C. TERMINATION OF SERVICE FOR NONPAYMENT OF BILLS — RESIDENTIAL (Cont'd.) (7)
4 INABILITY TO PAY—RESIDENTIAL (Cont'd.)

c. FAILURE TO AGREE ON PAYMENT ARRANGEMENTS (Cont'd.)

3) If the customer is not satisfied with CAB's resolution of the complaint, the
customer may appeal to the CPUC in accordance with the CPUC's procedures.

4) Failure of the customer to observe any time limits set by the CPUC's complaint
procedures shall entitle PG&E to insist upon payment and to terminate service
if the payment is not made.

BILLING DISPUTE—RESIDENTIAL (7)
PG&E will not terminate service when a residential customer has initiated a complaint or
requested an investigation within five days of receiving a disputed bill until the customer (7)
has been given an opportunity for review of the dispute by PG&E or the CPUC in
accordance with Rule 10. However, the customer must continue to pay subsequent
undisputed PG&E bills before these bills become past due, or the customer's service will
be subject to termination in accordance with this rule and Rule 8.

(Continued)

Advice 5876-E Issued by Submitted July 16, 2020
Decision 20-06-003 Robert S. Kenney Effective July 16, 2020
Vice President, Regulatory Affairs Resolution
Pacific Gas and Revised Cal. P.U.C. Sheet No. 46815-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 43012-E

U39 San Francisco, California

ELECTRIC RULE NO. 11 Sheet 6
DISCONTINUANCE AND RESTORATION OF SERVICE

C. TERMINATION OF SERVICE FOR NONPAYMENT OF BILLS — RESIDENTIAL (T)
(Cont'd.)
3 CORRECTED BILL — RESIDENTIAL (T)
When PG&E has corrected the customer's bill, service may not be terminated (T)
until the customer has received notices for the corrected amount in accordance
with Rule 8.

TERMINATION OF SERVICE FOR NONPAYMENT OF BILLS —
NONRESIDENTIAL

Monthly bills for nonresidential service and credit deposits are due and payable upon
presentation and will be considered past due if payment is not received
by PG&E within 15 days after the bill is mailed to the customer.

When a bill or credit deposit request has become past due and the customer has
received notice in accordance with Rule 8, PG&E may terminate any and all services
the customer is receiving unless an exception described in Sections D.1° through (T)
D.3, below, applies.

1 INABILITY TO PAY—NONRESIDENTIAL

PG&E may, at its sole option, extend payment arrangements to a nonresidential
customer who alleges an inability to pay’. (T)
It is the customer's responsibility to contact PG&E to request payment
arrangements. If payment arrangements are made, such payment
arrangements may be by Amortization Agreement, as described in
Section D.1.a., below, or by Extension Agreement, as described in
Section D.1.b., below.

3 PG&E will suspend disconnections for non-payment, waive reconnection and return check (T)
fees, and waive security deposit fee requirements for reestablishment of service for customers
affected by a disaster as described in the Emergency Consumer Protection Plan definition in
Electric Rule 1
PG&E will work with customers to extend payment arrangements for any outstanding balances (T)
on their account for customers affected by a disaster as described in the Emergency Consumer
Protection Plan definition in Electric Rule 1.

(Continued)

Advice 5876-E Issued by Submitted July 16, 2020
Decision 20-06-003 Robert S. Kenney Effective July 16, 2020
Vice President, Regulatory Affairs Resolution
Pacific Gas and Revised Cal. P.U.C. Sheet No. 13146-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 11317-E
U39 San Francisco, California

ELECTRIC RULE NO. 11 Sheet 7
DISCONTINUANCE AND RESTORATION OF SERVICE

D. TERMINATION OF SERVICE FOR NONPAYMENT OF BILLS OR CREDIT (N)
DEPOSIT REQUESTS—NONRESIDENTIAL (Cont'd.)

1 INABILITY TO PAY—NONRESIDENTIAL (Cont'd.)

a AMORTIZATION AGREEMENT—NONRESIDENTIAL

If the customer fails to comply with the Amortization Agreement, the entire
amount owing will become immediately due and payable and service may be
terminated. However, service will not be terminated until the customer has
received notice, either by telephone or in writing, at least 24 hours priorto
termination.

EXTENSION AGREEMENT—NONRESIDENTIAL

When the customer has received a 7-day notice of termination and fails to
comply with the Extension Agreement, the notice will remain in effect, and
any and all services the customer is receiving may be terminated without
further notice.

BILLING OR CREDIT DEPOSIT REQUEST DISPUTE—NONRESIDENTIAL

PG&E will not terminate service when a nonresidential customer has initiated a
complaint or requested an investigation within five days of receiving a disputed
bill or credit deposit request, until the customer has been given an opportunity for
review of the dispute by PG&E or the CPUC in accordance with Rule 10.
However, the customer must continue to pay subsequent undisputed PG&E bills
before these bills become past due or the customer's service will be subject to
termination in accordance with this rule and Rule 8. (N)

(Continued)

Advice 1436-E Issued by Date Filed June 1, 1993
Decision Robert S. Kenney Effective July 12, 1993
Vice President, Regulatory Affairs Resolution
Pacific Gas and Revised Cal. P.U.C. Sheet No. 13147-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 11318-E
U39 San Francisco, California

ELECTRIC RULE NO. 11 Sheet 8
DISCONTINUANCE AND RESTORATION OF SERVICE

D. TERMINATION OF SERVICE FOR NONPAYMENT OF BILLS OR CREDIT (N)
DEPOSIT REQUESTS—NONRESIDENTIAL (Cont'd.)

3 CORRECTED BILL OR DEPOSIT REQUEST—NONRESIDENTIAL

When PG&E has corrected the customer's bill or the requested credit deposit
amount, service may not be terminated until the customer has received notices
for the corrected amount in accordance with Rule 8. (N)
FAILURE TO ESTABLISH OR REESTABLISH CREDIT (L) (T)
When PG&E provides service to an applicant before credit is established or
continues service to a customer pending reestablishment of credit, and the
applicant/customer fails to establish or reestablish credit in accordance with Rule 6,
any and all services the customer is receiving may be terminated after notice has
been given in accordance with Rule 8.

PG&E will not restore the customer's service until the customer has complied with
the Rule 6 requirements to establish or reestablish credit. (L) (T)
TERMINATION OF SERVICE FOR NONPAYMENT OF BILLS AT OTHER (N)
LOCATIONS

Any and all services the customer is receiving may be terminated for nonpayment of (L) (T)
a bill for service previously supplied by PG&E to the same customer at another
location after the customer has been given notices of termination in accordance with
Rule 8, except that residential service shall not be terminated for nonpayment of a
bill for any other class of service. Nonresidential service may be terminated for
nonpayment of a bill for any class of service. Service shall not be terminated for
nonpayment within 15 days after establishment of service at the new location.

If the customer is receiving service at more than one location, any or all services
may be terminated with proper notice for nonpayment of any bill at any location for
PG&E service, except that residential service shall not be terminated for
nonpayment of a bill for any other class of service. Nonresidential service may be
terminated for nonpayment of a bill for any class of service. (L) (T)

(Continued)

Advice 1436-E Issued by Date Filed June 1, 1993
Decision Robert S. Kenney Effective July 12, 1993
Vice President, Regulatory Affairs Resolution
Pacific Gas and Revised Cal. P.U.C. Sheet No. 13148-E
' Electric Company’ Cancelling Revised Cal. P.U.C. Sheet No. 11319-E
U39 San Francisco, California

ELECTRIC RULE NO. 11 Sheet 9
DISCONTINUANCE AND RESTORATION OF SERVICE

G. TERMINATION OF SERVICE—RETURNED CHECKS (N)
When the customer has receiv

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Cogliati, Syda Kosofsky Track Judge’s New Case

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Motion,Ex Parte: Silver King Oceanic Farms LLC vs Pacific Gas & Electric Company

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