San Jose Water Company has overcharged its customers on the service charge rate. There is an ongoing investigation by the CPUC to determine the amount of the overcharges. I contend that the overcharges are well is excess of $13 million. SJWC, in communication with the CPUC Water Division, has decided that SJWC would refund only a small portion of that money, $1.7 million. This refund request was submitted by SJWC through Advice Letter 510 on June 6, 2017. Click on AL 510 to view the Advice Letter. This Advice Letter was protested and rejected by the CPUC. Below are my correspondence with SJWC and the CPUC.
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ADDED 9/15/18 - Another WRATES Victory! - State launches investigation into San Jose Water over-billing claims. The California Public Utilities Commission will formally investigate the company.
Bay Area News Group PUBLISHED: September 14, 2018 at 2:46 pm | UPDATED: September 14, 2018 at 7:20 pm
ADDED 9/15/18 - CPUC PRESS RELEASE, Docket #: I.18-09-003 - CPUC TO INVESTIGATE SAN JOSE WATER’S BILLING PRACTICES
ADDED 9/15/18 - Link to CPUC website for Documents related to I.18-09-003
ADDED 9/15/18 - I.18-09-003 - CPUC's Order Instituting Investigation (OII) on the Commission’s Own Motion into the Operations, Practices, and Conduct of the San Jose Water Company (U-168-W) Regarding Overbilling Practices. Filed 9/13/18
ADDED 9/15/18 - OII Overbilling Staff Report - UEB’s investigation confirmed that SJWC failed to properly prorate its service 9 charge on its customers’ bills for at least 30 years, from 1987 to 2017. In doing so, SJWC 10 overcharged its customers over $4 million. SJWC is in apparent violation of Public Utilities 11 Code (PU Code) Section 532 by billing its customers for rates that were not effective during 12 the time service was rendered. 13 Staff’s investigation also found that SJWC double-billed its customers for service 14 charges when it changed its billing system in 2011 from billing in advance to billing in 15 arrears. Staff’s research and analysis point to almost $5 million of duplicate billing for service charges during the conversion. 2 16 17 CPED recommends that the Commission open an Order Instituting Investigation 18 (OII) to determine the extent to which SJWC violated the PU Code and to determine 19 appropriate penalties, reparation, and other remedies.
Bay Area News Group PUBLISHED: September 14, 2018 at 2:46 pm | UPDATED: September 14, 2018 at 7:20 pm
ADDED 9/15/18 - CPUC PRESS RELEASE, Docket #: I.18-09-003 - CPUC TO INVESTIGATE SAN JOSE WATER’S BILLING PRACTICES
ADDED 9/15/18 - Link to CPUC website for Documents related to I.18-09-003
ADDED 9/15/18 - I.18-09-003 - CPUC's Order Instituting Investigation (OII) on the Commission’s Own Motion into the Operations, Practices, and Conduct of the San Jose Water Company (U-168-W) Regarding Overbilling Practices. Filed 9/13/18
ADDED 9/15/18 - OII Overbilling Staff Report - UEB’s investigation confirmed that SJWC failed to properly prorate its service 9 charge on its customers’ bills for at least 30 years, from 1987 to 2017. In doing so, SJWC 10 overcharged its customers over $4 million. SJWC is in apparent violation of Public Utilities 11 Code (PU Code) Section 532 by billing its customers for rates that were not effective during 12 the time service was rendered. 13 Staff’s investigation also found that SJWC double-billed its customers for service 14 charges when it changed its billing system in 2011 from billing in advance to billing in 15 arrears. Staff’s research and analysis point to almost $5 million of duplicate billing for service charges during the conversion. 2 16 17 CPED recommends that the Commission open an Order Instituting Investigation 18 (OII) to determine the extent to which SJWC violated the PU Code and to determine 19 appropriate penalties, reparation, and other remedies.
ADDED 8/30/17 - A Prehearing date of September 12, 2017 has been set for The Formal Complaint (C.17-06-009) regarding the decades of SJWC Service Charge Overcharges. Documents related to the Formal Complaint can be viewed at https://apps.cpuc.ca.gov/apex/f?p=401:57:0::NO:RP,58,RIR:P5_PROCEEDING_SELECT:C1706009
ADDED 8/11/17 - Water Division has rejected Advice Letter 510 because CPUC is in the process of conducting a thorough investigation and audit of SJWC's past and present billing practice in response to concerns filed by SJWC customers, City of Cupertino and CPUC Office of Ratepayer Advocates and to determine the proper dollar amount to be refunded to the customers for past overcharges. This is one step closer to the CPUC opening and Order Instituting Investigation (OII).
ADDED 7/14/17 - Office of Ratepayer Advocates (ORA) also protested Advice Letter 510. Click to view ORA protest letter.
ADDED 6/17/17 - Protest Advice Letter 510. Click to view protest letter.
ADDED 6/16/17 - SJWC filed Advice Letter 510 on June 6, 2017. With this advice letter, SJWC is requesting a surcredit refund to its customers for the service charge overcharges. If approved, each residential customer with a 3/4” meter will be refunded $5.70, 1” will be refunded $9.49 etc. I have protested this advice letter because SJWC overcharged its customers in excess of $13 million and it is seeking to refund its customers only $1.7 million.
ADDED 5/4/17 - The CPUC Water Division stated that they are only going to do an "internal informal investigation" into the Service Charge overcharges if no Formal Complaint is filed. The Formal Complaint process can take over a year before a resolution is reached and the burden of proof is on the Complainant(s).
Updated 6/7/17 - On April 17, 2017, I filed a Formal Complaint on behave of ALL SJWC customers against SJWC. The CPUC and SJWC have circumvented the formal complaint I filed with the CPUC on April 17, 2017. My formal complaint was put on hold for unknown reasons on April 18, 2017 by the Water Division and then taken off hold by the Water Division on May 22, 2017 after my inquires. I refiled the formal complaint on May 30, 2017, including 70 signatures to comply with Rule 4.1(b) which requires 25 signatures. I was informed by the docket office of Rule 4.1(b) a few days after the Water Division took the complaint off hold. The Water Division then informed me of Rule 4.1(b) a day later implying that that was why my complaint was on hold. Click on FORMAL COMPLAINT to view the the formal complaint. I also included the string of emails below as supporting documents.
ADDED 8/11/17 - Water Division has rejected Advice Letter 510 because CPUC is in the process of conducting a thorough investigation and audit of SJWC's past and present billing practice in response to concerns filed by SJWC customers, City of Cupertino and CPUC Office of Ratepayer Advocates and to determine the proper dollar amount to be refunded to the customers for past overcharges. This is one step closer to the CPUC opening and Order Instituting Investigation (OII).
ADDED 7/14/17 - Office of Ratepayer Advocates (ORA) also protested Advice Letter 510. Click to view ORA protest letter.
ADDED 6/17/17 - Protest Advice Letter 510. Click to view protest letter.
ADDED 6/16/17 - SJWC filed Advice Letter 510 on June 6, 2017. With this advice letter, SJWC is requesting a surcredit refund to its customers for the service charge overcharges. If approved, each residential customer with a 3/4” meter will be refunded $5.70, 1” will be refunded $9.49 etc. I have protested this advice letter because SJWC overcharged its customers in excess of $13 million and it is seeking to refund its customers only $1.7 million.
ADDED 5/4/17 - The CPUC Water Division stated that they are only going to do an "internal informal investigation" into the Service Charge overcharges if no Formal Complaint is filed. The Formal Complaint process can take over a year before a resolution is reached and the burden of proof is on the Complainant(s).
Updated 6/7/17 - On April 17, 2017, I filed a Formal Complaint on behave of ALL SJWC customers against SJWC. The CPUC and SJWC have circumvented the formal complaint I filed with the CPUC on April 17, 2017. My formal complaint was put on hold for unknown reasons on April 18, 2017 by the Water Division and then taken off hold by the Water Division on May 22, 2017 after my inquires. I refiled the formal complaint on May 30, 2017, including 70 signatures to comply with Rule 4.1(b) which requires 25 signatures. I was informed by the docket office of Rule 4.1(b) a few days after the Water Division took the complaint off hold. The Water Division then informed me of Rule 4.1(b) a day later implying that that was why my complaint was on hold. Click on FORMAL COMPLAINT to view the the formal complaint. I also included the string of emails below as supporting documents.
***ADDED 6/18/17 - Link to Letters and Emails between SJWC, CPUC and myself regarding service charge overcharges. These letters and emails are included as supporting documents in Formal Complaint C.17-06-009.
- Serv Chrg Overcharges 032917.pdf - WRATES rebuttal letter to SJWC's explanations for the Service Charge Overcharges.
- SJWC Letter1 022117.pdf - SJWC's first attempt at explaining the Service Charge Overcharges.
- SJWC Letter2 030117.pdf - SJWC's second attempt at explaining the Service Charge Overcharges.
- SJWC Letter3 032917.pdf - SJWC's third attempt at explaining the Service Charge Overcharges.
Link to the official documents on CPUC website filed in Formal complaint C.17-06-009
- http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&docid=189818390
- http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&docid=190173815
- Serv Chrg Overcharges 032917.pdf - WRATES rebuttal letter to SJWC's explanations for the Service Charge Overcharges.
- SJWC Letter1 022117.pdf - SJWC's first attempt at explaining the Service Charge Overcharges.
- SJWC Letter2 030117.pdf - SJWC's second attempt at explaining the Service Charge Overcharges.
- SJWC Letter3 032917.pdf - SJWC's third attempt at explaining the Service Charge Overcharges.
Link to the official documents on CPUC website filed in Formal complaint C.17-06-009
- http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&docid=189818390
- http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&docid=190173815