Schell

Plaintiff Wayne Schell appeals from a judgment of dismissal entered pursuant to the sustaining of a general demurrer to his amended complaint without leave to amend.

Factual and Procedural History

Public Utilities Code section 739 1 provides that the Public Utilities Commission (PUC) “shall designate a baseline quantity of gas and electricity which is necessary to supply a significant portion of the reasonable energy *1042 needs of the average residential customer.” (§ 739, subd. (a).) The section also provides that the PUC require all gas and electric corporations to establish low “baseline rates” for supplying these baseline quantities to residential customers. (§ 739, subd. (c).)

Section 739.5 provides, in turn, that the PUC shall require that any “master-meter” customer who furnishes gas or electric service through submeters to tenants of a “mobilehome park, apartment building, or similar residential complex” shall charge each such tenant at the same domestic rate, including baseline service, as though the tenant had been receiving service directly from the electric or gas corporation. (§ 739.5, subd. (a).) This section also directs the PUC to require that…