ADJOURNMENTS-RESETTINGS-SUBMISSIONS CORRECTION FROM DAILY CALENDAR OF 11/25/96 C96-07-020 Weiss-Telecom West vs. GTE California Incorporated, Evidentiary Hearing held and submitted upon receipt of closing briefs due January 6 CORRECTION FROM DAILY CALENDAR OF 11/26/96 A96-04-038 Malcolm/Econome-Pacific Telesis Group merger, Evidentiary Hearing held and submitted upon receipt of briefs due January 14 ADVICE LETTER FILINGS NONE D E C I S I O N S COMMISSION MEETING OF 11/6/96 D96-11-001 A96-03-024 Southern California Water Company (SCWC). For authority to increase rates for water service in its Barstow District. A96-03- 025 - Related matter; The motion for approval of the settlement between SCWC and the Commission's Large Water Branch is granted. The settlement refers to the resolution of all issues as set forth in Appendices A through D attached. These proceedings are closed. D96-11-002 A96-05-046 Metracom Corporation. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services within California; Granted as set forth; this proceeding is closed D96-11-003 A96-08-018 Compath Communications, Inc. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services within California; Granted as set forth; this proceeding is closed D96-11-004 A94-11-015 Pacific Gas and Electric Company (PG&E). For authority to revise its rates and tariffs to be effective by September 15, 1995, pursuant to D89-01-040, D90-09-089, D91-05-029, D93-12-058 and D94-07-024; PG&E's petition to modify D95-12-053 is granted in part and denied in part as set forth. D96-11-005 A96-04-031 William S. Vaughn dba Kids Koach. For a certificate of public convenience and necessity to operate a children's shuttle service as a passenger stage within the areas of San Diego County between locations as requested by the child's parents; Interim Order - granted for two years from the date of issue of this decision, or until a final decision is issued in R95-08-002. D96-11-006 A95-02-011 GTE California, Inc. Pursuant to D90-10-039, for modification of D88-09-030 and D89-12-048 to eliminate the requirement for annual rate adjustment filings to reflect the impact of the Uniform System of Accounts rewrite and for modification of Resolution T-15696 to eliminate the Uniform System of Accounts adjustment required therein $11.527 million for 1995. A95-05-018 - Related matter; Interim Order - Joint petition to modify D95-11-061 filed by GTE California Inc. and Pacific Bell is granted as set forth. D96-11-007 A96-06-025 Time Warner AxS of California, L.P. For a certificate of public convenience and necessity to provide competitive local exchange, intraLATA and interLATA service; Granted as set forth; this proceeding is closed D96-11-008 A96-07-026 Sakineh Amjadi dba VIP Airport Shuttle. To transfer passenger stage corporation certificate and zone of rate freedom authority to Limited Terminal Transportation, Inc.; Granted as set forth; this proceeding is closed D96-11-009 (ECP)C95-09-026 Rochelle Weston, Eloise Weston, Cherelle Howze, and Antwan Howze vs. Pacific Bell, AT&T Communications of California (AT&T), MCI Telecommunications Corporation (MCI), and others. Complaint denied. The $500 on impound with the Commission is disbursed to Pacific Bell $200, AT&T $200, and MCI $100. This proceeding is closed. D96-11-010 R95-04-043 Order Instituting Rulemaking on the Commission's own motion into competition for local exchange service. I95-04-044 - Related matter. The petition of California Cable Television Association, Time-Warner AxS of California L.P., and Cox California Telecom, Inc. to modify D96-09-087 is granted as set forth. A status report due November 15, 1996 is solicited from Pacific Bell, GTE California Inc., and competitive local carriers who intend to compete in the 619 numbering plan area. D96-11-011 A96-05-048 SpectraNet Anaheim. For a certificate of public convenience and necessity to offer local exchange access and interexchange services. Granted as set forth; this proceeding is closed. D96-11-012 A96-09-033 Santa Clarita Water Company. To issue evidence of indebtedness totalling $400,000. Granted as set forth; this proceeding is closed. D96-11-013 A92-11-037 Southwest Gas Corporation (Southwest). For authority to issue and sell one or more series of debt securities not to exceed $250,000,000; issue and sell one or more series of preferred and/or preference stock not to exceed $50,000,000; and issue and sell up to 3,000,000 shares of its $1 par value common stock. A91-03-010, A94-09-055 - Related matters; Supplemental Order - Petition of Southwest for modification of D93-02-008, as modified by D95- 08-048; D91-06-023, as modified by D92-05-016, D93-02-009 and D95-08-043; and D94-12-018 is granted as set forth. D96-11-014 A94-12-005 Pacific Gas and Electric Company (PG&E). For authority, among other things, to decrease its rates and charges for electric and gas service, and increase rates and charges for pipeline expansion service. I95-02-015 - Related matter; For a violation of a Commission order and pursuant to {{ 2107 and 2108 of the Public Utilities Code, PG&E is penalized in the amount of $480,000 to be paid to the State Treasury of California, etc. D96-11-015 C96-01-019 The City of Vernon (Vernon) vs. The Atchison, Topeka and Santa Fe Railroad (Santa Fe); Interim Order - Vernon is granted leave to amend its complaint against Santa Fe to attempt to state a cause of action within sixty days of issuance of this decision, etc. D96-11-016 R94-04-031 Order Instituting Rulemaking on the Commission's Proposed Policies Governing Restructuring California's Electric Services Industry and Reforming Regulation. I94-04-032 - Related matter; Interim Order - Petition for modification of D95-12-063 as modified by D96-01-009, by Southern California Edison Company is denied as moot, because the issues raised have been addressed in the provisions of Assembly Bill 1890, signed September 23, 1996. D96-11-017 A95-10-024 - Pacific Gas and Electric Company (PG&E). For authority to implement a plan of reorganization which will result in a holding company structure; Interim Order - this Phase 1 opinion approves PG&E's application with the conditions set forth in Ordering Paragraphs 1 through 23. The granting of this application is also conditioned on the outcome of the audit discussed in Section 6, and any further conditions or modifications of existing conditions which may arise from Phase 2 of this proceeding. PG&E's August 5, 1996 motion for an order confirming that PU Code { 854 should not apply to PG&E's holding company formation is granted as set forth. PG&E and Parent shall file a written notice with the Commission, served to all parties of their agreement, etc. D96-11-018 A95-11-057 San Diego & Electric Company. For an ex parte order approving modifications to Uniform Standard Offer No.1 and Standard Offer No.3. A96-01-008, A96-01-014 - Related matters; D96-10-036 is revised as set forth. D96-11-019 A95-12-054 Pacific Bell (Pacific). For an exemption pursuant to Public Utilities (PU) Code { 853(b) or, in the alternative, authority pursuant to PU Code { 851 for the lease and sale of assets to Pacific Telesis and Affiliates; Interim order - Granted as set forth; Pacific's request for exemption from the requirements of PU Code {851 is denied. D96-11-020 R95-04-043 Order Instituting Rulemaking on the Commission's own motion into competition for local exchange service. I95-04-044 - Related matter. Toward Utility Rate Normalization's (TURN) request for compensation is granted as set forth. TURN is awarded $114,165 and Pacific Bell and GTE California Inc. shall each pay TURN their share of the amount awarded, etc... D96-11-021 I95-02-015 Commission Order Instituting Investigation into the rates, charges, service, and practices of Pacific Gas and Electric Company (PG&E); PG&E, Sierra Pacific Power Company (Sierra Pacific), Pacific Power and Light, San Diego Gas & Electric company (SDG&E) and Southern California Edison Company (Edison) shall file comments on the standards proposed herein no later than December 2, 1996. Other parties may file comments by that date. PG&E, Sierra Pacific, SDG&E, and Edison shall file in a performance- based ratemaking proposed performance standards for maintaining, repairing, and replacing distribution system facilities no later than July 1, 1998. D96-11-022 A96-03-060 Southern California Gas Company. For authority to change core procurement rates on a monthly basis. Application for rehearing of D96-08-037 filed by Toward Utility Rate Normalization is denied. D96-11-023 C96-02-020 Laina Tolson vs. Pacific Gas and Electric Company. Application for rehearing of D96-07-004 filed by Laina Tolson is denied. D96-11-024 C88-03-016 City of St. Helena, Town of Yountville, County of Napa, Napa Valley Vintners Association (ALERT) vs. Napa Valley Wine Train, Inc. D96-06-060 is modified as set forth; Application for rehearing of D96-06-060 filed by ALERT is denied. 11/13/96 D96-11-025 (ECP)C96-08-021 Meyer Piet vs. Southern California Edison Company. Dismissed D96-11-026 C96-05-026 Susanne Anderson O.D. vs. Pacific Gas and Electric Company. Dismissed. D96-11-027 (ECP)C96-06-027 Warmerdam Orchards Inc. vs. Southern California Edison Company. Dismissed D96-11-028 I86-11-019 Investigation on the Commission's own motion into the methods to be utilized by the Commission to establish the proper level of expense for ratemaking purposes for public utilities and other regulated entities due to the changes resulting from the 1986 Tax Reform Act. D96-10-037 is corrected as set forth. D96-11-029 A96-09-010 Roseville Telephone Company. For authority to issue certificates evidencing not more than 447,463 shares of its capital stock. Dismissed. R E S O L U T I O N S 5/24/96 T-15895 - Advice Letters 321, 328, 337, 338, 340, 341, 343, 344, 348, 349, 350, 351, 352, 353, 357 of Bay Area Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159. Adopted. T-15896 Advice Letters 188, 190, 195, 196, 197, 199, 216, 228, 232, 233, 236, 240 of Airtouch Cellular. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159. Adopted. T-15897 Advice Letters 243, 248, 252, 253, 258, 264, 271, 273, 274 ,276, 277, 279, 281, 283 filed by Airtouch Cellular. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159. Adopted. T-15898 Advice Letters 278, 280, 284, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296 of Airtouch Cellular. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159. Adopted. T-15899 Advice Letters 175, 192, 195, 197, 198, 210, 215, 220, 223, 225, 226, 227, 228 of U S West Cellular of California, Inc. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159. Adopted. 5/28/96 T-15900 Advice Letters (AL) 116, 117, 124, 141, 149, 151, 152 of Salinas Cellular Telephone Company, AL 17, 19, 23 of San Luis Obispo Cellular, Inc., and AL 148, 151, 161, 163 of Santa Barbara Cellular Systems. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159. Adopted. T-15902 Advice Letters 101, 102, 105, 106, 107, 109, 110, 113, 114, 115, 116, 117, 118, 119, 121, 122 of Bakersfield Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159. Adopted. LAW AND MOTION HEARINGS Law and Motion Hearings are held before Administrative Law Judge Steven Kotz at 9:30 am in one of the Commission's San Francisco Office Hearing Rooms, unless otherwise noted. Law and Motion procedures are governed by Resolution ALJ-164. Copies of Resolution ALJ-164 are available from the Commission's Documents Desk (703-1713) or from Central Files (703-2045). 12/3/96 9:30 am NONE SCHEDULED 12/10/96 9:30 am NONE SCHEDULED 12/17/96 9:30 am NONE SCHEDULED ============================================================================= HEARINGS Dates in parentheses following the word "also" are subject to change without notice. The assigned Commissioner's name is listed next to the proceedings as matter of record; the assigned Commissioner may not be present at the hearing. (PHC)=Prehearing Conference (OA)=Oral Argument (EH)=Evidentiary Hearing (WS)=Workshop (PPH)=Public Participation Hearing (FPH)=Full Panel Hearing (IAM)=Initial Arbitration Meeting (AH)=Arbitration Hearing 12/2/96 9:00 am ALJ Walker A96-03-007 (EH)-Pacific Bell Communications, for a Comr Neeper certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services, Commission Courtroom, San Francisco (also December 3-6, 9- 13, and 16-20, San Francisco) 12/2/96 10:00 am ALJ Ryerson R87-11-012 (EH)-Commission Rulemaking to revise time (12/2-12/11) schedule for rate case plan and fuel offset ALJ Wheatland proceedings, and (12/12-12/20) A95-06-002 (EH)-Southern California Gas Company, for Comr Fessler authority to adopt its proposed performance-based regulation (PBR) formula which would reduce base rates by approximately $42 million (2.7%) effective 1/1/97, Commission Courtroom, San Francisco (also December 3-6, 9-12 and 16-20, San Francisco) 12/3/96 10:00 am ALJ Weiss C91-09-049 (EH)-South Fork Estates vs. Pacific Bell, Comr Duque defendant's interpretation of Underground Line Extensions 2.1.15 Rule 15-Line Extensions is incorrectly applied to complainant's property and payment amount of $19,631.82 for installation of telephone facilities should be refunded, Commission Courtroom, San Francisco 12/3/96 10:00 am ALJ Minkin A96-08-001 (EH)-Pacific Gas and Electric Company, for Comr Conlon approval of valuation and categorization of non- Comr Duque nuclear generation related sunk costs eligible for recovery in the competition transition charge, and A96-08-006 (EH)-San Diego Gas & Electric Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-007 (EH)-Southern California Edison Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-070 (EH)-Pacific Gas and Electric Company, to establish the competition transition charge, and A96-08-071 EH)-Southern California Edison Company, to estimate transition costs and establish a transition cost balancing account, and A96-08-072 (EH)-San Diego Gas & Electric Company, to estimate transition costs and establish a transition cost balancing account, Commission Courtroom, San Francisco (also December 4-6, and 9-12; (PHC) for 10 am, January 13, 1997; (EH) March 17-21, 24-28, March 31, and April 1-4. San Francisco) 12/3/96 7:00 pm ALJ Malcolm A96-04-038 (PPH)-Pacific Telesis Group, to transfer and ALJ Econome SBC Communications Inc., to acquire control of Comr Conlon Pacific Bell, which will occur indirectly as a Comr Neeper result of Telesis' merger with a wholly owned subsidiary of SBC, SBC Communications (NV) Inc., State Office Building. Assembly Room 1036, 2550 Mariposa Mall, Fresno; December 4, 7:00 pm, Pasadena Convention Center, Room 211 Conference Building, 300 East Green Street, Pasadena; December 5, 7:00 pm., San Diego City Council Chambers, 202 "C" Street, 12th Floor, San Diego; December 12, 7:00 pm, County Administration Building, 700 "H" Street, Room 2450, Sacramento 12/6/96 9:00 am ALJ Kotz R84-12-028 (WS)-Commission Order Instituting Rulemaking for Comr Fessler purposes of compiling Commission's rules of procedure re Public Utilities Code { 322, etc., Commission Courtroom, San Francisco 12/11/96 10:00 am ALJ Ramsey A96-09-016 (EH)-Borrego Springs Water Company, Borrego Water Comr Duque District, and the Borrego Water District Public Facilities Corporation, to sell the Borrego Springs Water Company and the Borrego Water District, and the Borrego Water District Public Facilities Corporation to acquire the water system operating in the area described as Borrego Valley in or near the Community of Borrego Springs, Borrego Springs Water District Boardroom, 2427 Stirrup Road, Borrego Springs 12/11/96 10:00 am ALJ Wetzell A92-10-017 (PHC)-San Diego Gas & Electric Company, to Comr Knight establish an experimental performance-based ratemaking mechanism, (Phase 2 - Base Rates Mechanism), Commission Courtroom, San Francisco 12/12/96 9:30 am ALJ Rosenthal A92-11-016 (EH)-Hillcrest Water Company, for a 23.3% Comr Duque general rate increase in TY 1993 for service provided to 3,000 flat-rate customers in and around Yuba City, and an additional increase of 1.7% for 1994 and 1995, and I93-03-056 (EH)-Commission Order Instituting Investigation into the rates, charges, and practices of Hillcrest Water Company and examine the use of revenue collected under D.83-07-004, Commission Courtroom, San Francisco 12/16/96 10:00 am ALJ Bennett C96-08-032 (EH)-Precision Die Cutting, Inc., vs. Pacific Gas Comr Conlon and Electric Company, for improper billing in the amount of $2,527.84, Commission Courtroom, San Francisco 12/17/96 10:00 am ALJ Barnett A91-05-050 (PHC)-Southern California Edison Company, to revise its Energy Cost Adjustment Clause (ECAC), and to review the reasonableness of its operations 4/1/90-3/31/91, (Reasonableness of the Amended and Restated Power Purchase Contract between Edison and Mojave Cogeneration Company) Commission Courtroom, San Francisco 12/17/96 10:00 am ALJ Stalder A96-03-005 (PHC/EH)-Isam Alziq, dba E-Z Shuttle & Charter Comr Conlon Service, to transfer and of Econ-Ride Enterprise, Inc., to acquire a Certificate of Public Convenience and Necessity to operate as a passenger stage between points in Ventura, Los Angeles, and Orange Counties on the one hand, and Los Angeles International Airport, John Wayne Airport, Ontario Airport, Burbank Airport, and Long Beach Airport, on the other hand, pursuant to Section 854 of the Public Utilities Code, Commission Courtroom, Los Angeles; (EH to follow immediately after the PHC) (also December 18, Los Angeles) 12/17/96 10:00 am ALJ Wright A96-07-005 (EH)-Santa Clarita Water Company, for a rate Comr Duque increase of 12.1% or $1,052,000 for test year 1997; 8.7% or $842,500 for test year 1998; 7.4% or $799,500 for attrition year 1999; and 6.4% or $720,800 for attrition year 2000; applicant also requests recovery of undercollected balances in authorized balancing and memorandum accounts in the amounts of $1,544,700 for test year 1997; $1,561,600 for test year 1998; $1,578,600 for attrition year 1999; and $1,578,600 for attrition year 2000; and to charge a $10 fee on returned checks; and to change the grossup percent charged on contributions in aid of construction from 35.4% to 40.6%, Commission Courtroom, Los Angeles; (also December 18, Los Angeles) 12/18/96 2:30 pm ALJ Kotz I93-05-004 (PHC)-Commission Order Instituting Investigation Comr Fessler into the passenger stage corporation operations of Prime Time International Shuttle, Inc., and I95-07-001 Commission Order Instituting Investigation and Order to Show Cause why Prime Time Shuttle International, Inc.'s certificate of public convenience and necessity should not be suspended or revoked, Commission Courtroom, San Francisco 12/19/96 10:00 am ALJ Careaga A96-06-029 (PHC)-Southern California Gas Company, for Comr Conlon authority to recover shareholder incentives associated with Year Two of operations for its experimental three-year "gas Cost Incentive Mechanism" (GCIM) program in the amount of $6,265,382, Commission Courtroom, San Francisco 12/20/96 10:00 am ALJ Barnett C96-11-040 (ECP)-Edris R. Aubry, Jr. vs. Nationwide Cellular, for improper cellular telephone service disconnection fees in the amount of $25.00, Commission Courtroom, Los Angeles 12/20/96 1:00 pm ALJ Bennett C96-11-033 (ECP-Mel A. Lafebre and M. Lefebre vs. Pacific Gas and Electric Company, for improper billing fees in the amount of $430.90, State Office Building, Room A-10, 31 E. Channel Street, Stockton 1/8/97 10:00 am ALJ Walker A95-09-005 (EH)-California Water Service Company, for an Comr Duque order authorizing it to increase rates charged for water service in the Stockton District, and A95-09-006 (EH)-California Water Service Company, for an order authorizing it to increase rates charged for water service in the Visalia District, and A95-09-007 (EH)-California Water Service Company, for an order authorizing it to increase rates charged for water service in the Hermosa-Redondo District, and A95-09-008 (EH)-California Water Service Company, for an order authorizing it to increase rates charged for water service in the East Los Angeles District, and A95-09-009 (EH)-California Water Service Company, for an order authorizing it to increase rates charged for water service in the Bakersfield District, Commission Courtroom, San Francisco 1/9/97 10:00 am ALJ Wetzell A96-07-009 (PHC)-Southern California Edison Company, to Comr Duque adopt performance-based ratemaking and incentive- based ratemaking mechanisms as specified in D.95-12-063, as modified by D.96-01-009, with related changes in D.89-01-040, D.92549, and D.88-01-063, and A96-07-010 (PHC)-San Diego Gas & Electric Company, for authority to implement a fossil generation performance-based ratemaking mechanism, and A96-07-018 (PHC)-Pacific Gas and Electric Company, for approval of proposed hydroelectric/geothermal performance-based ratemaking (PBR) mechanisms, effective 1/1/98, and to change electric revenue requirements subject to PBR, also effective 1/1/98, Commission Courtroom, San Francisco 1/9/96 10:00 am ALJ Barnett C96-07-047 (ECP)-Thomas W. Peckham vs. San Diego Gas & Comr Conlon Electric Company, for improper billing in the amount of $2,692.80, State Office Building, 1350 Front Street, Room 4006, San Diego 1/10/97 10:00 am ALJ Barnett C96-05-019 (EH)-Racquet Club of Palm Springs, Inc. vs. GTE Comr Neeper California Incorporated, for bill dispute, Small Conference Room, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs 1/17/97 2:00 pm ALJ Barnett C96-06-028 (ECP)-C. David Stephan vs. GTE California +Comr Neeper Incorporated, for overbilling charges, Commission Courtroom, Los Angeles 1/21/97 10:00 am ALJ Barnett A94-05-044 (EH)-Southern California Edison Company, for Comr Knight authority to revise its Energy Cost Adjustment Billing Factor, its Electric Revenue Adjustment Billing Factor, its LIRA, its Base Rate Levels, effective 1/1/95, for a total increase of $312.3 million; revise the Energy Reliability Index and Avoided Capacity Cost Pricing; and review of the Reasonableness of Edison's operations during the period from 4/1/93 through 3/31/94, (ECAC), and A95-05-049 (EH)-Southern California Edison Company, for authority to revise its energy cost adjustment bill factors, its electric revenue adjustment billing factors, its low income rate assistance, and its base rate levels effective 1/1/96; to revise the incremental energy rate the energy reliability index, and avoidable capacity cost pricing,, etc., Commission Courtroom, San Francisco (also January 22-24, January 27-31, and February 10, 11, 13, and 14, San Francisco) 1/22/97 10:00 am ALJ Patrick C93-07-046 (EH)-Utility Audit Company, Inc. vs. Southern Comr Fessler California Gas Company, for charging excessive rates for gas service relating to the multifamily sites and master meter accounts listed in the complaint, and C94-02-009 (EH)-Utility Audit Company, Inc. vs. Southern California Gas Company, for three years of overcharges relating to multifamily sites and master meter accounts; requests refunds plus interest, Commission Courtroom, Los Angeles 1/30/97 9:00 am ALJ Wong C96-05-015 (EH)-Comtech Mobile Telephone Company vs. Sprint Comr Neeper Communications, for fraudulent billing charges and late charges derived therefrom, for an order requiring Sprint to file an advice letter and tariff that sets forth fair and reasonable terms and conditions concerning the handling of network fraud and the nondiscriminatory treatment of all Sprint subscribers such that credits for fraudulent calls made beyond their control are promptly provided by Spring, Commission Courtroom, San Francisco, (also January 31, San Francisco) 2/4/97 10:00 am ALJ Stalder C96-05-008 (PHC)-Alan L. Ager vs. Pacific Gas and Electric Comr Knight Company, for restoration of service, Commission Courtroom, San Francisco (also February 5, San Francisco 2/6/97 10:00 am ALJ Garde A96-04-001 (PHC)-Pacific Gas and Electric Company, for Comr Conlon authority to adjust electric rates effective January 1, 1997, for a combination of a $345 million revenue decrease under ECAC, a decrease of $9.6 million under AER, a decrease of $48.3 million under ERAM, and a decrease of $1.3 million under CARE, Commission Courtroom, San Francisco; (EH) 10 am, February 18, 1997 (also February 19-21 and February 24-28, 1997, San Francisco) 2/10/97 10:00 am ALJ Garde A96-08-058 (PHC)-Wild Goose Storage, Inc., for a Comr Conlon certificate of public convenience and necessity to construct facilities for gas storage operations in Butte County, Commission Courtroom, San Francisco (also February 11, 13, and 14, San Francisco 2/19/96 10:00 am ALJ Weiss A91-11-010 (EH)-Citizens Utilities Company of California, Comr Fessler general rate increase for water service for additional gross revenues of $306,960 in 1992 and $24,008 in 1993 in its Montara District (N91-10-07), and C92-01-026 (EH)-Joan E. Briody vs. Citizens Utilities Company of California to meet state standards for fire hydrants and water per hydrant in the Montara/Moss Beach area, and C92-01-045 (EH)-Peter Dekker vs. Citizens Utilities Company of California, that defendant has failed to maintain an acceptable quality of water supplied to its customers, and must implement measures to raise the volume of water for emergency use to its fire hydrants and increase storage capacity for same in its Montara and Moss Beach areas, and C92-02-031 (EH)-Gary H. Warhaftig vs. Citizens Utilities Company of California for failure to provide adequate water service in Montara, and C92-02-033 (EH)-Beverly R. and Ronald F. Garrity vs. Citizens Utilities Company of California for failure to provide adequate water service in Montara/Moss Beach, and C92-02-045 (EH)-Point Montara Fire Protection District vs. Citizens Utilities Company of California for failure to provide adequate water service in Seal Cove and Moss Beach Heights, and C92-03-010 (EH)-Lewis J. Michelony, Jr. vs. Citizens Utilities Company of California for violation of Public Utilities Code Section 721 (failure to maintain proper facilities), Commission Courtroom, San Francisco MISCELLANEOUS TRANSPORTATION ITEMS 11/25/96 Filings with Safety and Enforcement 11/25/96 TCP-09551-B Kyung Chul Sa, dba City Time Bus Line, 1120 Irold St., #101, Los Angeles, CA 90006, Tel. No. (213) 380-0820, application for new TCP Class B Certificate NEW FILINGS 11/22/96 A96-03-060 Amendment-Southern California Gas Company, for authority to change core procurement rates on a monthly basis; (amended monthly pricing tariff) 11/25/96 C96-11-040 CORRECTION FROM THE DAILY CALENDAR OF 11/27/96. ECP-Edris R. Aubry, Jr. vs. Nationwide Cellular, for improper Cellular telephone service disconnection fees in the amount of $25.00 11/25/96 A96-11-043 Pacific Bell, for approval of a ground lease of the property located at 148 Natoma Street, San Francisco to the San Francisco Museum of Modern Art 11/26/96 A96-11-042 360` Long Distance, Inc., for a certificate of public convenience and necessity to operate as a reseller of interLATA and intraLATA interexchange telecommunications services PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS 11/27/96 R95-04-043 Order Instituting Rulemaking on the Commission's Own Motion into Competition for Local Exchange Service, and I95-04-044 Order Instituting Investigation on the Commission's Own Motion into Competition for Local Exchange Service; Draft Decision of ALJ Pulsifer NEW SETTINGS 12/20/96 10:00 am ALJ Barnett C96-11-040 (ECP)-Edris R. Aubry, Jr. vs. Nationwide Cellular, for improper cellular telephone service disconnection fees in the amount of $25.00, Commission Courtroom, Los Angeles PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Wesley M. Franklin Executive Director State Office Building State Office Building San Francisco, CA 94102 Los Angeles, CA 90012 Tel. No. (415) 703-2782 Tel. No. (213) 897-2973 DAILY CALENDAR (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) Monday December 2, 1996 REGULAR COMMISSION MEETINGS December 9, 1996, (9:00 am) December 20, 1996, January 8, 1997, (10:00 am) San Francisco N O T I C E Re: Meeting of Little Hoover Commission Advisory Committees (December 10, 1996) PLEASE BE ADVISED that there is a possibility that at least three California Public Utilities Commissioners will attend the December 10, 1996 meeting of the Little Hoover Commission Advisory Committees. That meeting, at which the Advisory Committees will be briefed on the Little Hoover Commission's potential findings and recommendations in connection with its PUC and Energy study, is scheduled to begin at 9:30 a.m. in Room 112 of the State Capitol. PUBLIC MEETING December 16, 1996 9:00 am - 5:00 pm and December 17, 1996 8:00 am - 1:00 pm California Public Utilities Commission 505 Van Ness Avenue, Auditorium San Francisco Commission Review and Discussion of 1997 Business Plan The Executive Director and Division Directors will present a draft of the 1997 Business Plan to Commissioners for their review and discussion. Each Division Director will make a short presentation on their Business Plan to the Commissioners and all Division Directors will be available to answer Commissioner questions. Based on the discussion, revisions and modifications will be made and the final Business Plan will be adopted by the Commission at its regular meeting on December 20, 1996. A draft of the Business Plan will be available for review by the public on November 26th. This notice, an agenda for the public meeting, and a copy of the Business Plan will be distributed to all Commission agenda subscribers and the Vision 2000 External Stakeholders Advisory Committee; copies will also be available on the Commission's World Wide Web page (www.cpuc.ca.gov). For copies or further information, please contact the receptionist at (415) 703- 1245. Written comments on the Business Plan are invited. Sixteen (16) copies must be submitted by December 9th, 1996 at 5:00 pm to: Division of Strategic Planning California Public Utilities Commission 505 Van Ness Ave. San Francisco, CA, 94102 INFORMATION In January of 1996, the Commission presented its plan for the implementation of operational and organizational changes required for the Commission to better serve the needs of California in the new century (see "Vision 2000: A Report on Our Progress Toward Change," January 10, 1996). Among a number of other items, the Commission committed to produce a Business Plan that would be a planning and management tool to clarify the role and activities of Commissioners, improve its decision-making processes and improve the accountability of its resources." Since that time, the Commission has devoted significant Commissioner, management and staff time to develop the 1997 Business Plan. A draft of the plan, based on input from Commissioners and staff, has been prepared and is available for review. For each industry, as well as the Divisions of Information Services and Human Resources, the Business Plan includes: o a statement on the Commission's two to three-year outlook and goals for the industry; o the plan for staff activities over the next 12 months required to support Commission goals, including specific milestones; and, o a list of Key Performance Indicators Management and staff will collect, monitor and report to Commissioners. The Management will present and discuss the draft Business Plan at the meeting on December 16 and 17; written comments are invited to be filed by December 9 (see notice). All comments and observations on the scope and substance of the document are welcome. The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: (415) 703-1203. If specialized accommodations for the disabled are needed, e.g. sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074 or TDD# (415) 703-2032 five working days in advance of the event. PUBLIC HEARING ON DRAFT 1997 BUSINESS PLAN December 16th and 17th, 1996 Commission Auditorium Agenda I. Opening Remarks of Commissioners II. Opening Remarks on purpose of hearing: Wes Franklin, Executive Director -- o to inform Commissioners and public on activities and efforts embodied by the 1997 Business Plan; o to receive feedback from Commissioners on draft Business Plan; and, o to discuss structure of meeting. III. Remarks of General Counsel, Chief ALJ and Public Advisor IV. Presentations and Discussions Presentations by new Division Directors and discussion of Business Plan with Commissioners and other members of Management Team. Water Panel Dean Evans, Ken Henderson, Lionel Wilson, Elena Schmid, William Meyer Rail Safety and Carriers Panel Ken Koss, Ken Henderson, Ed O'Neill, Elena Schmid, William Meyer Telecommunications Panel Jack Leutza, Phil Weismehl, Lionel Wilson, Elena Schmid, Rob Feraru, William Meyer Energy Panel Paul Clanon, Brian Cragg, Ed O'Neill, Elena Schmid, Rob Feraru, William Meyer Consumer Services Panel Bill Schulte, Lynn Carew, Bud Alderson, Elena Schmid, Rob Feraru, William Meyer Ratepayer Advocacy Panel Elena Schmid, Lynn Carew, Ed O'Neill, Lionel Wilson, Elena Schmid, Rob Feraru, William Meyer Information Services Panel Wes Franklin, Ken Henderson, Fred Curry, Dick Hieta Human Resources Panel Wes Franklin, George Carazo, Diana Lee, Paul Clanon V. Public Comments VI. Closing Remarks of Commissioners Appropriate opportunities for lunch, morning and afternoon breaks will be at the discretion of the President and Commissioners. NOTICE OF WORKSHOP RE INTERIM RULES AND PROCEDURES TO GAIN EXPERIENCE WITH MANAGEMENT OF COMMISSION PROCEEDINGS UNDER THE REQUIREMENTS OF SB 960 9:00 am December 6, 1996 California Public Utilities Commission 505 Van Ness Avenue, Hearing Room San Francisco The Commission will hold its second workshop to discuss possible interim rules that would create an experiment to enable the Commission to gain actual experience, where practicable, of operating under the requirements of SB 960, which will become mandatory on January 1, 1998. The workshop will address a revised staff draft of such rules, drawing on feedback at and following the November 25 workshop. The revised draft covers various SB960 implementation issues, including applicability of interim rules; categorization of Commission proceedings; challenges to designation of administrative law judges; ensuring that schedule and scoping issues are addressed in documents initiating proceedings (applications, complaints, Commission orders), prehearing conference statements, etc.; ex parte rules; proposed decisions, decisions, and appeals to the Commission. Materials regarding the workshop will be accessible at the Commission's Internet site by December 3, 1996. The contact person is ALJ Steve Kotz at (415) 703-2437. SUBSCRIPTION NOTICE FOR DRAFT AGENDA ITEMS In compliance with Public Utilities Code Section 311.5, parties who wish to receive draft agenda items may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one-year subscription to the entire public agenda package (which excludes Executive session materials) is $1,000. You may also order a partial agenda package (energy agenda items only or telecommunication agenda items only) at the cost of $500 per year. The package you receive via mail will include only those agenda items available at the time of the agenda distribution date, which is usually 10 to 12 days prior to the Commission meeting. If agenda items (including revisions) are not ready on the distribution date, they will be made available at no charge in the lobby outside the Commission Auditorium at 9:00 a.m. on the morning of the Commission meeting, but not earlier. In addition, the Commission will make draft agenda items available for viewing and photocopying (at 20 cents per page) at the Commission's Central Files Office (Room 2002), 505 Van Ness Avenue, San Francisco, and in the Commission offices in Los Angeles, San Diego, and the following field offices: El Centro, Eureka, Sacramento, and San Bernardino. Since the agenda package will be mailed to these locations, it will be available at these locations a day or two after the distribution date. These locations will not receive agenda items that are not ready on the distribution date. Those intervenors who have financial hardship determination pending or granted shall be eligible to receive draft agenda item packets at no charge. The cost to receive the agenda only, without copies of draft agenda items, remains at $75 per year. SUBSCRIPTION NOTICE FOR DAILY CALENDAR AND/OR AGENDA Parties who wish to subscribe to the Daily Calendar and/or the Agenda may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; (415) 703-1798. The subscription cost for the Daily Calendar is $225 per year. The Biweekly Daily Calendar is $50 per year. The agenda is $75 per year. Checks are to be made payable to the Public Utilities Commission. NOTICE Unless otherwise directed, all courier-delivered documents submitted for filing as part of the formal record in a proceeding should be hand-carried directly to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue in San Francisco; Room 5109, 107 South Broadway in Los Angeles; or Room 4006, 1350 Front Street in San Diego. All documents sent through the mail for formal filing should be addressed ONLY to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue, San Francisco, CA 94102. NOTICE The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: (415) 703-1203. If specialized accommodations for the disabled are needed, e.g. sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074 or TDD# (415) 703-2032 five working days in advance of the event. NOTICE To purchase Commission documents, there is a charge of 20 cents a printed page (postage prepaid) with a minimum purchase of $2.00. ROUND TABLE DISCUSSION December 2, 1996 1:30 pm - 5:00 pm California Public Utilities Commission 505 Van Ness Avenue, Auditorium San Francisco, California Commissioners Josiah J. Neeper and Jessie J. Knight will co-sponsor a round table discussion on local governments' permit process of cell siting. Other Commissioners may attend. Contact persons are Fassil Fenikile at (415) 703- 1159 and Dorothy Duda at (415) 703-5132. WORKSHOP NOTICE A.92-10-017 San Diego Gas and Electric Performance-Based Ratemaking 10:00 am December 4, 1996 Commission hearing Room 505 Van Ness Ave. San Francisco The workshop will be facilitated by Commission Energy Division staff. Interested parties who wish to attend the workshop, should contact Maryam Ebke, Energy Division at (415) 703-2575 (fax) (415)703-1965, by November 20, 1996, to confirm their attendance and provide suggestions for the workshop agenda. The workshop is open to the public and wheelchair accessible. Please contact Maryam Ebke at (415) 703-2575 for more information. WORKSHOP NOTICE R.95-01-020/I.95-01-021 Universal Lifeline Telephone Service Marketing Working Group (ULTSMWG) 9:00 am - 4:00 pm December 10, 1996 Commission Auditorium 505 Van Ness Avenue San Francisco 9:00 am - 4:00 pm December 11, 1996 First Floor Auditorium Pacific Bell 1010 Wilshire Boulevard Los Angeles The workshops will be facilitated by Commission staff. The purpose of the workshop is to determine who is interested in serving on the ULTSMWG and to discuss its goals, purpose, and organizational framework. Participants are requested to attend either one of the workshops sessions. The same agenda will be discussed during each session. Please contact Zenaida Conway at (415) 703-2005, Jonathan Lakritz at (415) 703-2117, or Simin Litkouhi at (415) 703- 1522 by December 5, 1996, if you are attending the workshop. Workshop agenda will be available on December 6, 1996. If specialized accommodations for the disabled are needed, please contact the Public Advisor at (415) 703-2074 or TDD# (415) 703-2032. COMMISSIONER OFFICE HOURS December 12, 1996 Commissioner Fessler 1:00 pm - 3:00 pm CalTrans Office Building, Conference Room A 50 Higuera Street San Luis Obispo To make an appointment contact the CPUC Public Advisor's office in San Francisco (415) 703-2074. PUBLIC MEETING 1:30 pm - 4:00 pm January 15, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3204 San Francisco The Administrative Committee of the Univeral Lifeline Telephone Service Trust will hold its regular monthly meeting. This meeting can be accessed via conference call. If conferencing is requested, a one-week notification is required. For a copy of the agenda or more information, contact Terry Gray at (510) 452-2757. PUBLIC MEETING 1:30 pm - 4:00 pm February 14, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3204 San Francisco The Administrative Committee of the Univeral Lifeline Telephone Service Trust will hold its regular monthly meeting. This meeting can be accessed via conference call. If conferencing is requested, a one-week notification is required. For a copy of the agenda or more information, contact Terry Gray at (510) 452-2757. PUBLIC MEETING 1:30 pm - 4:00 pm March 18, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3204 San Francisco The Administrative Committee of the Univeral Lifeline Telephone Service Trust will hold its regular monthly meeting. This meeting can be accessed via conference call. If conferencing is requested, a one-week notification is required. For a copy of the agenda or more information, contact Terry Gray at (510) 452-2757. ============================================================================= NOTICE OF DENIAL OF REQUEST FOR EX PARTE MEETING On September 20, 1996, the Commission adopted Resolution ALJ-169 regarding the "Filing of Notice of Denial of Request for Ex Parte Meeting". The resolution implements an interim procedure whereby a party whose written request for an ex parte meeting with a Commissioner has been denied will be allowed to file a notice of such denial. Copies of Resolution ALJ-169 are available from the Commission's Central Files Office at 505 Van Ness Avenue in San Francisco; telephone (415) 703-2045. Copies of tendered notices are available in the Central File Room for review and/or reproduction under existing procedures. They are also available from the filing party who is under the obligation to provide copies of the notice without delay. NONE FILED NOTICE OF EX PARTE COMMUNICATIONS Copies of tendered notices are available in the Central File Room for review and/or reproduction under existing procedures. They are also available from the filing party who is under the obligation to provide copies of the notice without delay. 11/26/96 A92-12-043 Pacific Gas and Electric Company, for an order to increase the maximum cost specified in PG&E's Certificate of Public Convenience and Necessity to Construct the California portion of the expansion of its Natural Gas Pipeline, and A93-03-038 Pacific Gas and Electric Company, to establish interim rates for the California portion of the expansion of Pacific Gas Transmission Company's and PG&E's Canada-to-California Natural Gas Pipeline Project, and A94-05-035 Suncor, Inc., for rehearing of Resolution G-3122, and A94-06-034 El Paso Natural Gas Company, for rehearing of Resolution G-3122, and A94-09-056 Pacific Gas and Electric Company, for a finding that the $812.8 million of capital costs incurred in the construction of the PG&E Pipeline Expansion Project and the initial pipeline expansion operating expenses are reasonable, and A94-06-044 Pacific Gas and Electric Company, for amortization of interstate transition cost surcharge account and approval of rates on an ex parte basis, and A96-08-043 Pacific Gas and Electric Company, to restructure and establish natural gas rates; modify its core aggregation and core subscription programs; obtain approval of the principles of a post-1997 core gas procurement incentive mechanism; and obtain approval of principles for disposition of its gas gathering facilities. On November 21, 1996, Kristel L. Frank, Director, Regulatory Relations for Pacific Gas and Electric Company (PG&E), met with Robert Berry, in San Francisco. George Clavier, Analyst, Gas Business Planning and Development for PG&E, was also present. Frank stated that the gas accord settlement is supported by the marketplace; customers; and analysis which demonstrates that benefits of an auction-type proposal are uncertain and unclear. Frank stated that, unlike the accord, the auction proposal does not resolve the perceived conflict of interest, and creates complex implementation and regulatory issues. Frank stated that the benefits of the auction depends on market results and ultimate bid prices under the auction. Frank stated that the 43 cent per Dth auction price for deliveries via Malin is unrealistic because it is higher than the current maximum firm Line 401 rate. Frank stated that under the auction proposal, to obtain the highest auction value from the north, the expansion pipeline capital cost would need to be increased, bust such an increase would not be supported by the settling parties. Frank stated that if the Commission lowered the pipelines capital cost, it would undermine any auction benefits. Frank stated that the one cent per Dth auction price for deliveries via Topock is unrealistic because Line 300 is projected to be 70 to 90 percent full during the winter. Frank stated that the auction benefits are also highly dependent on a large Marlin-Topock differential being maintained. Frank stated that although current differentials are large, as shown on page 7 of a handout provided to Berry (attached to the notice), these differentials are not sustainable given the incentive to invest capital in additional pipelines, and has varied considerable in the past. Frank stated that the gas accord is beneficial under more market circumstances than an auction proposal, as shown on page 8 of the handout (attached to the notice). Frank stated tat claims that El Paso will be able to drive up the price of Southwest transportation to California is greatly exaggerated. Written materials were used and are attached to the notice. PG&E Contact: Marian Swanson filed Tel: (415) 972-5611 11/26/96 A95-09-017 Southern California Edison Company, for order approving agreement for buyout of Power Purchase Agreement contract between Southern California Edison Company and Dixie Valley Power Partnership LATE FILED. On November 19, 1996, Bruce Foster, Vice President of Regulatory Affairs for Southern California Edison Company (Edison), met with James Hendry, advisor to Cmmr. Conlon, in San Francisco. Foster stated that the proposed decision's ordering paragraph 3 could potentially require Edison's shareholders to absorb above- market payments to the Dixie Valley geothermal project if that project is ultimately developed as a result of Commission disapproval of the proposed contract termination agreement. Foster stated that such a result would be inequitable given that Edison negotiated and entered into the contract termination agreement in order to reduce costs for ratepayers. Edison Contact: Heather Collins filed Tel: (818) 302-6015 11/26/96 A96-08-040 AT&T Communications of California, Inc., for arbitration with Pacific Bell. On November 22, 1996, Lynn Mowery, Regulatory Relations for Pacific Bell (PacBell) met with Fassil Fenikile, advisor for Cmmr. Neeper, in San Francisco. Lee Bauman, Vice President - Local Competition for PacBell, and Ron Sawyer, Director - Case Manager for PacBell, were also present. Handouts (attached to the notice) were provided to Fenikile. Mowery stated that the Commission needs to change the agreement to make it consistent with prior orders, the Telecom Act and the FCC order. Mowery stated that there are three items in the agreement that are not consistent with the Telecom Act and the FCC order: 1) the agreement must be changed to specify that AT&T must pay for development and implementation costs for items it requests that are not standard; 2) the agreement should also specify that AT&T must pay for any service requests that are better than the service PacBell provides; and 3) the agreement should specify standards based on parity with the intervals PacBell is giving at the time and not fixed absolute intervals. Frank stated that the Commission also needs to reasonably resolve four disputed items: 1) the price for a customer change from retail to resale should be at cost, not zero; 2) Pacific is entitled to compensation for providing directory listings to AT&T; 3) establish a process for setting prices for items without OANAD costs; and 4) reasonably resolve several service and process issues. A copy of PacBell's corrected price list for the agreement (attached to the notice) was provided to Fenikile. PacBell Contact: Gina Lau-Lee filed Tel: (415) 542-2633 11/26/96 On November 22, 1996, Lynn Mowery, Director, Regulatory Relations for Pacific Bell (PacBell), sent copies of PacBell's comments to Fassil Fenikile, advisor for Cmmr. Neeper; Lester Wong, advisor for Cmmr. Conlon; Tim Sullivan, advisor for Cmmr. Duque; Bob Lane and Dorothy Duda, advisors for Cmmr. Knight; and Jose Jimenez, advisor for Cmmr. Fessler. PacBell Contact: Gina Lau-Lee filed Tel: (415) 542-2633 11/27/96 A92-12-043 Pacific Gas and Electric Company, for an order to increase the maximum cost specified in PG&E's Certificate of Public Convenience and Necessity to Construct the California portion of the expansion of its Natural Gas Pipeline, and R88-08-018 Commission rulemaking into natural gas procurement and system reliability issues, and A94-06-044 Pacific Gas and Electric Company, for amortization of interstate transition cost surcharge account and approval of rates on an ex parte basis. On November 22, 1996, John Hughes, manager of Regulatory Policy and Affairs for Southern California Edison Company (Edison), left a telephone message for ALJ Weil. Hughes stated that Edison will be filing a response to the 11/21/96 ruling on the Southern California Utility Power Pool and Imperial Irrigation District and the Department of General Services' motions. Hughes said that Edison will ask that a redacted version of the agreement be disclosed. Hughes explained that disclosing the price would establish a ceiling on the price that Edison could negotiate for the capacity. Edison Contact: Renee Vazquez filed Tel: (818) 302-4421 11/27/96 On November 22, 1996, John Hughes, manager of Regulatory Policy and Affairs for Southern California Edison Company (Edison), met with James Hendry, advisor to Cmmr. Conlon, in San Francisco. Hughes stated that Edison will request to review the 11/21/96 ruling granting motions to compel discovery. Hughes stated that Edison has no problem with disclosing the agreement at issue if the dollar amount is removed from it. Hughes explained that disclosing the dollar amount would harm Edison's ability to market the relinquished capacity. Hughes noted that Edison will only be asking that the sum paid not be disclosed before 5/1/97; and that disclosing the amount any sooner would prevent Edison from getting the best possible outcome for its ratepayers by putting a ceiling price on what Edison could get for the capacity. Edison Contact: Renee Vazquez filed Tel: (818) 302-4421 11/27/96 On November 22, 1996, John Hughes, manager of Regulatory Policy and Affairs for Southern California Edison Company (Edison), met with James Boothe, advisor to Cmmr. Fessler, in San Francisco. Hughes stated that Edison will request to review the 11/21/96 ruling granting motions to compel discovery. Hughes stated that Edison has no problem with disclosing the agreement at issue if the dollar amount is removed from it. Hughes explained that disclosing the dollar amount would harm Edison's ability to market the relinquished capacity. Hughes noted that Edison will only be asking that the sum paid not be disclosed before 5/1/97; and that disclosing the amount any sooner would prevent Edison from getting the best possible outcome for its ratepayers by putting a ceiling price on what Edison could get for the capacity. Edison Contact: Renee Vazquez filed Tel: (818) 302-4421 12/27/96 R95-04-043 Rulemaking on the Commission's own motion into competition for local exchange service, and I95-04-044 Investigation on the Commission's own motion into competition for local exchange service. On November 26, 1996, Mary E. Wand, attorney representing Bittel Telecommunications Corp., a wholly owned subsidiary of Brooks Fiber Properties, Inc., sent a letter (attached to the notice), requesting that the Commission withdraw invoices requesting reimbursement for the costs of publishing a statewide notice of negative declaration, to Executive Directory Franklin, in San Francisco. Copies of the letter were also sent to Cmmrs. Conlon, Fessler, Knight, Duque, Neeper, and ALJ Pulsifer. Bittel Contact: Mary McCombs filed Tel: (415) 677-7607 11/27/96 I93-12-007 Commission order instituting investigation into mobile telephone service and wireless communications. On November 25, 1996, Peter A. Casciato, attorney for Cellular Resellers Association, Inc. (CRA), left a voice-mail message for ALJ Pulsifer. Casciato stated that CRA's proposals concerning volume user treatment was not contrary to federal preemption of rate regulation. CRA Contact: Will Irvine filed Tel: (415) 291-8661 11/27/96 On November 25, 1996, Peter A. Casciato, attorney for Cellular Resellers Association, Inc. (CRA), spoke to Fassil Fenikile, advisor to Cmmr. Neeper. Casciato stated that CRA's proposals concerning volume user treatment was not contrary to federal preemption of rate regulation. CRA Contact: Will Irvine filed Tel: (415) 291-8661 11/27/96 On November 22, 1996, Peter A. Casciato, attorney for Cellular Resellers Association, Inc. (CRA), met with Lester Wong, advisor to Cmmr. Conlon, in San Francisco. A copy of CRA's reply comments on the proposed decision was used. Casciato stated that the draft decision should make clear that resellers should be treated no less favorably than any large volume user, if the Commission proceeds to detariff cellular providers. Casciato pointed out that the Commission should not deprive resellers of their interconnection rights emanating from the Commission's decisions and PU Code sections 765 and 766. CRA Contact: Will Irvine filed Tel: (415) 291-8661 Other Business Agenda No. 2947 June 6, 1996 LEG-1 SB 678 (Polanco) as amended on May 9, 1996. Would require that the Commission submit a report to the Legislature by July 1, 1997 that recommends an approach to financing existing low- income public policy prograns that does not create competitive imbalance between Commission- regulated natural gas providers and others. Commission voted 4-0 to approve recommendation to support the bill. Commissioner Fessler necessarily absent. HLEG-4 AB 2589 (Battin) as amended on April 17, 1996. Would require approval by April 1, 1997, of an experimental rate design, in Climatic Zone 15, which may diverge from the inverted rate structure mandated by Section 739 of the Public Utilities Code. Commission voted 3-1 to support recommendation to take a neutral position on the bill if funding to implement is provided. Commissioner Neeper dissented. Commissioner Fessler necessarily absent. HLEG-6 AB 2597 (Alby) as amended on April 24, 1996 and as proposed to be amended. Would provide that no privately owned or publicly owned public utility shall provide electric service to an existing retail customer of another utility unless the customer first enters into an agreement to pay an established nonbypassable severance fee or competitive transition charge. Commission voted 3-1 to support the concept of a nonbypassable competition transition change but oppose provisions of the bill which are inconsistent with the Commission's policy and Roadmap implementation decisions. Commissioner Knight dissented. Commissioner Fessler necessarily absent. REMOVALS FROM CALENDAR