ADJOURNMENTS-RESETTINGS-SUBMISSIONS C92-03-02 Walker-Energy Reserve, Inc., and Tansev and Associates vs. Pacific Gas and Electric Company, hearing previously set for January 15, reset for 10 am, January 14; the hearing set for January 23 remains the same ADVICE LETTER FILINGS To inquire about a filing, call the CACD Energy Branch (703-1093), Telecommunications Branch (703-1889) or Water Branch (703-2028). To protest a filing, mail the original letter/telegram to the Chief of the appropriate branch (i.e., "Chief, CACD [Energy, Telecommunications or Water] Branch"), to be received no later than 20 days after the date the Advice Letter was filed. "effective TBD" means that the date is to be determined by further Commission action. A date listed as "anticipated effective" may be subject to change. An Advice Letter Supplement is not a new filing, and there is no protest period unless indicated. 12/18/96 Energy Br 1013E SAN DIEGO GAS & ELECTRIC COMPANY, Revision of electric and gas extensionRules 15 & 16 in compliance with Decision 96-12-030. (effective TBD) 12/19/96 Water Br 503 CALIFORNIA-AMERICAN WATER COMPANY, To increase rates in compliance with D.96-12-005, a general rate increase (anticipated effective 01/01/97) 12/19/96 Water Br 504 CALIFORNIA-AMERICAN WATER COMPANY, To obtain approval of application for customers for the Program for Alternative Rates (anticipated effective 01/01/97) 12/30/96 Energy Br 1641E PACIFIC GAS & ELECTRIC COMPANY, Submits eletric Preliminary Statement Part AG--Competition Transition Charge Exemptions Memorandum Account in Compliance with Decision 96-12-077. (effective TBD) 12/30/96 Energy Br 1998G PACIFIC GAS & ELECTRIC COMPANY, Extension on Reduction to Interstate Transition Cost Surcharge Component for Noncore Customers. (effective TBD) 12/30/96 Energy Br 1002E-A SAN DIEGO GAS & ELECTRIC COMPANY, Supplements A.L. No. 1002E, 1997 PBR BASE RATE REVENUE REQUIREMENTS (effective TBD) 12/30/96 Energy Br 1032G-A SAN DIEGO GAS & ELECTRIC COMPANY, Supplements A.L. No. 1032G, 1997 PBR BASE RATE REVENUE REQUIREMENTS (effective TBD) 12/31/96 Telecom Br 964 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce AT&T Red Sense Promotion (effective TBD) 12/31/96 Telecom Br 965 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Inroduce a service contract for SDN, 800 Readyline, and Megacom 800 Services (effective TBD) 12/31/96 Telecom Br 8336 GTE CALIFORNIA INCORPORATED, Contract for Message Toll Service for Redondo Beach Unified School District (effective TBD) 12/31/96 Telecom Br 8337 GTE CALIFORNIA INCORPORATED, Contract for Message Toll Service for Nuview Union School District (effective TBD) 12/31/96 Telecom Br 8338 GTE CALIFORNIA INCORPORATED, Contract for Message Toll Service for Conejo Valley Unified School District (effective TBD) 12/31/96 Telecom Br 8339 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for San Jacinto Unified School District (effective TBD) 12/31/96 Telecom Br 8340 GTE CALIFORNIA INCORPORATED, Private Branch Exchange contract (effective TBD) 12/31/96 Telecom Br 8341 GTE CALIFORNIA INCORPORATED, Add Private Branch Exchange Service to the existing toll and CentraNet Express contract for Q&B Foods (effective TBD) 12/31/96 Telecom Br 88334 GTE CALIFORNIA INCORPORATED, Contract for Message Toll Service for Bellflower Unified District (effective TBD) 12/31/96 Telecom Br 1 INNOVATIVE PREPAID SERVICES, Initial filing (effective TBD) 12/31/96 Telecom Br 18631 PACIFIC BELL, Introduce a new promotion, Savings With Sponsorship (effective TBD) 12/31/96 Telecom Br 8335 PACIFIC BELL, Contract for Message Toll Service for Lompoc Unified School District (effective TBD) 12/31/96 Water Br 30 LAKE FOREST UTILITY, Rate increase to offset CPI pursuant to Decision 92-03-093. (effective TBD) 12/31/96 Water Br 45 TAHOE PARK WATER COMPANY, INC., To offset CPI increase pursuant to Decision 92-03-093. (effective TBD) ADVICE LETTER PROTESTS To inquire about a protest, call the Energy Branch (703-1093), Telecommunications Branch (703-1889) or Water Branch (703-2028). To obtain a copy of the protest, please direct your request to the protestor. D E C I S I O N S COMMISSION MEETING of 12/20/96 12/20/96 D96-12-038 A94-06-035 - Lakeland Water Company (Lakeland). For authority to borrow funds under the California Safe Drinking Water Bond Law of 1984, as amended, to encumber its property in connection with this borrowing and to add a surcharge to water rates to repay the principal and interest on the borrowed funds. Grants Kernville Domestic Water Company's (Kernville) petition for modification to the extent set forth; authorizes Kernville to increase loan amount with the Department of Water Resources by $78,000, from $453,440 to $531,440; the authority granted becomes effective when Kernville pays $156, the fee set forth by Public Utilities Code section 1904. This supplemental order pertains to D94-09-024 in Lakeland's application. This proceeding is closed. D96-12-039 A96-07-032 - Commonwealth Long Distance Company. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Granted. This proceeding is closed. D96-12-040 A96-10-005 - Marathon Communications, Inc. For a certificate of public convenience and necessity to provide interLATA and, to the extent authorized by D94-09-065, intraLATA telecommunications services as a switchless reseller. Granted. This proceeding is closed. D96-12-041 C95-08-007 (ECP) - David Brown v Pacific Gas and Electric Company. For incorrect charges for power hookups in the amount of $1,429.84. Modifies D96-09-033 to correct the refund amount from $2,906 to $1,429.84. This proceeding is closed. D96-12-042 C95-07-029 (ECP) - Leroy Volker vs. Pacific Gas and Electric Company. Denies Pacific Gas and Electric Company's petition to modify D96-04-071. This proceeding is closed. D96-12-043 A95-10-035 - San Diego Gas and Electric Company. To implement a Market Indexed Capital Adjustment Mechanism for the determination of its annual cost of capital; to exempt it from participation in the annual cost of capital proceeding; and for related substantive and procedural relief. Interim Order - Awards $18,246.44 in intervenor compensation to Utility Consumers' Action Network for its substantial contribution to D96-06-055. D96-12-044 A96-07-043 - PhoneTime, Inc. For a certificate of public convenience and necessity to operate as a reseller of interLATA and intraLATA interexchange services. Granted. This proceeding is closed. D96-12-045 A96-08-042 - Cincinnati Bell Long Distance, Inc. For a certificate of public convenience and necessity to operate as a reseller of intraLATA telecommunications services. Granted. This proceeding is closed. D96-12-046 C96-06-005 - John R. Thomas v Southern California Edison Company (Edison). John R. Thomas and 20 others request that the Commission issue an order requiring Edison to charge no more than 5.8 cents per kWh for power supplied to Edison by Valley Electric Association Inc. (Valley Electric) or that Edison relinquish the Mesquite Valley service area to Valley Electric. Dismissed. D96-12-047 A96-09-030 - Intermedia Communications Inc. For a certificate of public convenience and necessity to provide interexchange telecommunications services as a reseller and as a facilities-based carrier. Granted. This proceeding is closed. D96-12-048 A96-07-012 - Telecommunications Service Center,Inc. For a certificate of public convenience and necessity to provide switchless intraLATA and interLATA telecommunications services in California. Granted. This proceeding is closed. D96-12-049 C96-05-047 (ECP) - Newport Western Corporation (Complainant) v Southern California Edison Company (Defendant). Complainant seeks an adjustment of a backbill of $1533.21. Defendant's meter was faulty (it registered 16% slow) and when discovered in 1995, defendant estimated that complainant had used $1533.21 worth of electricity more than shown on the meter register. The meter was slow in 1994 and Defendant used 1993 as a comparison use year. However, complainant was in business in 1993, but went out of business in December 1993. In 1994, the premises were used less and required less electricity. Edison shall reduce its $1533.21 backbill to complainant by $300. The $440 on deposit with the Commission should be disbursed to Edison to be credited to complainant's account. This proceeding is closed. D96-12-050 A90-09-043 - In the matter of joint application of GTE Corporation (GTEC) and Contel Corporation (Contel). A95-12-006, I96-03-021 - Related matters. Interim Order - Grants the joint petition of GTEC, Contel and Office of Ratepayer Advocates for interim pricing flexibility within the current service areas of Contel effective January 1, 1997. D96-12-051 A96-05-045 - Southern California Edison Company (Edison). For: (1) authority to revise its energy cost adjustment billing factor, its electric revenue adjustment billing factor, its California alternate rates for energy, and its base rate levels effective January 1, 1997; (2) authority to revise the incremental energy rate, the Energy Reliability Index (ERI) and avoided capacity cost pricing; and (3) review of the reasonableness of Edison's operations during the period from April 1, 1995 through March 31, 1996. Since not all Qualifying Facility (QF) capacity payment issues were resolved in Assembly Bill 1890, there is a need in Southern California Edison Company's annual Energy Cost Adjustment Clause proceeding for a Commission determination on an ERI and a Combustion Turbine Proxy (CT Proxy) for 1997. These items are needed to calculate capacity payments to QFs under some standard offer contracts. Neither the jointly recommended ERI nor the CT Proxy was contested in this proceeding. Interim Order - Edison shall use an Energy Reliability Index of 0.1 and a Combustion Turbine Capacity Cost Value of $4.93/kW-yr for 1997. D96-12-052 C91-08-053 - Michael E. Center v Digital Cellular, Inc. This decision finds that Michael Center fails to set forth a cognizable claim to the extent that relief may be granted. Therefore, Digital's motion to dismiss is granted. This proceeding is closed. D96-12-053 A96-11-005 - Momentum Telecom, Inc. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services within the State of California. Granted. This proceeding is closed. D96-12-054 A93-12-005 - Citizens Utilities Company of California. To restructure intrastate rates and charges, and to implement a new regulatory framework for telephone service furnished within the State of California. I94-02-020, A93-07-039 - Related matters. Grants petition for modification of D95-11-024, thereby suspending the inflation minus productivity plus stretch factor portion of the new regulatory framework pricing formula for Citizens Telecommunications Company of California Incorporated in D95-12-052. This proceeding is closed. D96-12-055 A96-09-044 - GEO Communications, LLC. For a certificate of public convenience and necessity to provide intraLATA and interLATA telecommunications services throughout California. Granted. This proceeding is closed. D96-12-056 A96-06-008 - Long Distance Services, Inc. dba Virginia Long Distance Services. For authority to assign its certificate of public convenience and necessity to Phone Calls, Inc. Granted. This proceeding is closed. D96-12-057 A96-08-037 - Justice Long Distance Inc. For a certificate of public convenience and necessity to provide resold intraLATA and interLATA telecommunications within California. Granted. This proceeding is closed. D96-12-058 A96-09-005 - WorldCom, Inc. and MFS Communications Company, Inc. For approval of agreement and plan of merger, and related transactions. Granted. This proceeding is closed. D96-12-059 A96-10-014 - FareCall Corporation. For a certificate of public convenience and necessity to provide all forms of resold intraLATA and interLATA telecommunications services within California. Granted. This proceeding is closed. D96-12-060 C95-03-057 - Paula Karrison v A & P Moving, Inc. Interim Order - Addresses the scope of the proceeding and finds that the Commission lacks authority to grant an award of damages. Establishes the policy that a household goods carrier is prohibited from selling the property of a shipper who has filed a formal complaint against said carrier during the pendency of the complaint. Complainant is made responsible for advising the Commission of the Superior Court's disposition of its case filed there. Defendant's Motion for Dismissal of Complaint or Posting of Deposit is denied. D96-12-061 A94-06-038 - Citizens Utilities Company of California (Citizens). To borrow funds under the Safe Drinking Water Bond Act, and to add a surcharge to water rates to repay the principal and interest on such loan. Petition for modification of D94-06-038. Modifies D94-11-062 to allow Citizens to borrow up to $4,403,583 in Safe Drinking Water Bond Act funds and use the proceeds for the purposes specified in the petition; the increased rates shall apply to service rendered on and after their effective date. The authority becomes effective when Citizens pays a fee of $2,028 pursuant to Public Utilities Code section 1904. This proceeding is closed. D96-12-062 A96-08-057 - Atlas Communications and Telephone, Inc. For a certificate of public convenience and necessity to provide interLATA telecommunications services. Granted. This proceeding is closed. D96-12-063 I88-11-040 - Investigation on the Commission's Own Motion into the Regulation of Cellular Radiotelephone Utilities. Interim Order - Disposes of the outstanding issues for which rehearing of D94-04-043 was granted pursuant to D94-10-040; dismisses the requests of Nextel Communications, Incorporated and the Cellular Resellers Association to amend Ordering Paragraph 1 of D94-04-043 with respect to temporary tariff procedures for new service plans; the stay on provisions of Ordering Paragraph 1 of D94-04-043 with respect to temporary tariff procedures for new service plans which was granted in D94-10-040 is superseded by the 12/20/96 order in I95-12-007 exempting all cellular carriers from tariff filing requirements. The rehearing proceeding is dismissed. D96-12-064 A94-09-026 - Los Angeles SMSA Limited Partnership and AirTouch Cellular. For authority to continue the current roamer rates and charges to October 1, 1995. Denies Cellular Resellers Association, Inc.'s motion to compel response to the second data request; the application has been rendered moot by today's decision in I93-12-007 and is dismissed. This order becomes effective on 1/19/97. D96-12-065 A94-02-018 - Los Angeles Cellular Telephone Company. To amend General Order 96-A to permit cellular radio-telephone service providers to enter into customer-specific contracts. Dismissed. D96-12-066 A96-04-002 - Pacific Gas and Electric Company. For authority, among other things, to increase its electric base revenue requirement effective January 1, 1997 for electric system maintenance and reliability and customer service activities. Dismissed. D96-12-067 R95-04-043 - Order Instituting Rulemaking on the Commission's own motion into competition for local exchange service. I95-04-044 - Related matter. Interim Order - Resolves that no explicit charge should be imposed on carriers for the costs of opening NXX codes; each carrier shall treat its costs incurred for NXX code openings as part of its normal business cost. Denies Pacific Bell's (Pacific) proposal for authority to charge competitive local carriers a charge for NXX code opening costs; orders Pacific to cease and desist from charging NXX code opening fees to other telecommunications carriers, including CMRS providers. Orders Pacific to terminate its memorandum account for tracking of NXX code opening for the purpose of establishing NXX charges. D96-12-068 C96-03-022 - Paramount Pictures Corporation (Paramount) v Southern California Gas Company (SoCalGas). For an order to deviate from SoCalGas tariff rule No. 17 to allow consolidation of the usage measured on all five SoCalGas meters located at Paramount single facility, for purpose of determining non-core customer status. Denies the Office of Ratepayer Advocates' petition for modification of D96-06- 018. This proceeding is closed. D96-12-069 A96-07-002 - Pacific Bell. For approval of changes to capital depreciation rates. A96-07- 021 - Related matter. Grants Pacific Bell's and GTE California Incorporated's (GTEC) request to change their respective capital depreciation rates as contained in Appendices A and B, effective January 1, 1997; Contel of California, Inc. shall use its current depreciation rates, as shown in Appendix C, until the date that Contel's merger into GTEC is final. These proceedings are closed. D96-12-070 C93-10-030 - General Pipe and Supply Company, Inc. (Gen Pipe) v Pacific Coast Motor Carriers, Inc. (Pacific). Gen Pipe seeks approximately $111,000 reparations from Pacific on transportation furnished by Pacific between 1/1/89 and 6/28/91. The rates and charges egregiously invoiced and collected by Pacific from Gen Pipe in the period 1989-1991 being in excess of the appropriate vehicle unit rates and charges of Pacific's tariffs in violation of Public Utilities Code sections 494 and 532, Gen Pipe is awarded reparations as set forth in Appendix A. Pacific shall refund to Gen Pipe the sum of $111,026.27; considering a reparations order sufficient penalty, no interest shall be ordered. In all other respects the complaint is dismissed. The proceeding is closed. D96-12-071 I93-12-007 - Investigation on the Commission's own motion into mobile telephone service and wireless communications. Interim Order - Resolves issues of the extent of state jurisdiction over commercial mobile radio service (CMRS) providers in light of federal preemption of state rate regulation under the Omnibus Budget Reconciliation Act of 1993. Notes the recent enactment of AB 1121 adding section 490(b) to the Public Utilities Code, permitting the Commission to exempt CMRS providers from the filing of tariffs. Terminates the requirement in D94-10-42 for CMRS providers to continue filing tariffs for terms and conditions other than rates; the interim order in D94-12-042 (ordering paragraph 3) is made permanent and extended to include cellular providers; personal communications service providers shall comply with this decision; the decision shall not apply to one-way paging services exempted from Commission regulation pursuant to Chapter 357, 1995 statutes; facilities-based CMRS carriers will no longer be required to file wholesale tariffs; all CMRS providers shall be exempted from the requirement for the Commission preapproval of the filing of tariffs or customer contracts; grants petition of AirTouch for a stay of D94-08-002 and D95-03-043 to the extent set forth; denies the 5/26/95 motion of CRA to compel the filing of advice letters for unbundled wholesale tariffs; grants McCaw's motion for clarification regarding the scope of the reseller switch trial test: no further cellular reseller switch trial test will be mandated; Nextel, and any similarly situated SMR provider that was providing private land mobile service before the date of enactment of the Budget Act, became subject to regulation as CMRS providers beginning 8/10/96. Dissent of Cmmr. Knight is attached. D96-12-072 C94-08-010 - Daniel T. Carlson, dba Novato Taxi v GTEC Incorporated (GTEC), Cellular One, and GTE Mobilnet. Denies relief for alleged discrimination by GTEC based on imposition of local toll charges on cellular calls where cellular switch is located outside local calling area, but similar charge not made by Pacific Bell. The complaint is dismissed. D96-12-073 I95-12-004 - Investigation on the Commission's own motion into the operations and practices of Accurate Delivery Systems, Inc., and of its president, Mahmoud Maraach, and its vice- president, Ahmud Hussein. Adopts the proposed settlement agreement attached as Appendix A, providing that respondents pay a $5,000 fine and immediately comply with applicable highway contract carrier regulation. This proceeding is closed. D96-12-074 A95-05-030 - Roseville Telephone Company (Roseville). To restructure intrastate rates and charges and to implement a new regulatory framework for telephone services furnished within the State of California. I95-09-001 - Related matter. Interim Order - authorizes a general rate increase for Roseville of $470,492 (0.6%), based on a overall rate of return of 10.0%; orders Roseville to file within 20 days from this order revised tariffs consistent with this decision, the revenue requirement and revenues in Appendix B, and the rates and charges in Appendix D; file a report by 3/31/97 of monthly GO 133-B data for 1990 through 1996. Orders an audit of Roseville's nonregulated operations, allocations and transactions. Orders Roseville to prepare within 1 year of the date of the order, a California-specific cost allocation manual; file an annual depreciation application by June 30 of each year for depreciation rates to become effective January 1 of the following year. Roseville may establish a memorandum account in which it shall record the fiber to the curb plant disallowed in this decision. Authorizes Roseville to file, within 18 months, an advice letter seeking rate recovery. Future regulation of Roseville shall be under the terms of the new regulatory framework established in D89-10-031 (33 CPUC2d 43), D94-06-011 (55 CPUC2d 1), D94-09- 065 (56 CPUC2d 117), D95-12-052, and D96-05-036, and service recategorizations consistent with D96-03-020. Orders Roseville to file monitoring reports specified in Appendix C. The "I minus X" (inflation minus productivity plus stretch) portion of the price cap formula is suspended until a final decision is issued in Roseville's NRF review. Authorizes Roseville to request exogenous ("Z") factor treatment of the $11.5 million per year extended area service payment from Pacific Bell (Pacific) if that payment changes or ends pursuant to a Commission decision. Roseville shall include as a Z factor adjustment the elimination of $62,819 per year from rates when the allowed expenses of $188,457 in the Catastrophic Event Memorandum Account for the 1995 flood have been fully recovered in three years; the interest rate for the trigger mechanism is 6.86%. Roseville shall file an application for NRF review by 10/01/98. Roseville shall exempt residential customers who request conversion from flat rate service to measured rate service, or the reverse, from conversion charges for a maximum of two changes per access line for up to 180 days from the effective date of the tariffs. Upon approval of the notice by the Commission's Public Advisor, Roseville shall notify its customers of the new rates, terms and conditions within 30 days, or, if performed by a bill insert, within 60 days of the date of this order. Roseville shall make price floor compliance filings by advice letter, before it may exercise pricing flexibility for Category II services. Roseville shall terminate its Designated Carrier Plan agreement with Pacific (or successor carrier), or shall file an application for permission to continue its DCP. Concurring opinion of Cmmr. Knight is attached. D96-12-075 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 - Suspends the preparation of a policy-level Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA) in light of AB 1890. The Commission does not have discretion over policy-level electric restructuring decisions, such as the decision to move from regulation to competition and thus a policy-level EIR is not required by CEQA. Specific Commission decisions taking place during the transition to competition may have CEQA implications, which will be discussed in the decision on electric restructuring. Directs the Energy Division to cease preparing the policy-level EIR studying the preferred policy; Pacific Gas and Electric Company, Southern California Edison Company and San Diego Gas and Electric Company shall reimburse the Commission for its consultants costs; grants Toward Utility Rate Normalization's (TURN) motion to accept late-filed comments. D96-12-076 R95-04-043 - Order Instituting Rulemaking on the Commission's own motion into competition for local exchange service. I95-04-044 - Related matter. Interim Order - Grants the petition to modify D96-03-020 filed by Sprint Communications Company L.P., AT&T Communications of California, Inc., and MCI Telecommunications Corporation. Modifies the decision to extend the resale authorizations to new services, which means that any new service offered on a retail basis for the first time after D96-03-020 should be simultaneously offered for resale. Clarifies that when new retail services are introduced by Pacific Bell (Pacific) or GTE of California (GTEC), they shall concurrently make available a wholesale version of the service at discounts of 17% and 12%, respectively. Pacific and GTEC shall file a report within 15 days of the date of this decision listing any new retail services that may have become available since the adoption of D96-03-020. D96-12-077 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 - Approves the cost recovery plans filed under Public Utilities Code Section 368 by Pacific Gas and Electric Company (PG&E), San Diego Gas and Electric Company, and Southern California Edison Company, subject to the limitations set forth. Requirements as to PG&E's System Safety and Reliability Enhancement Funds Balancing Account records are attached as Attachment A. D96-12-078 I87-11-033 - In the matter of the alternative regulatory frameworks for local exchange carriers. A85-01-034, A87-01-002, I85-03-078, C86-11-028, I87-02-025, C87-07-024 - Related matters. Interim Order - Approves a proposed settlement agreement between major telephone companies in California and the Commission's advocacy staff that resolves most of the issues regarding new telephone competition in areas served by GTE California Incorporated, GTE West Coast Incorporated, and Contel of California, Inc. The settlement paves the way for customers of these companies to choose between competing telephone companies for local toll calls without dialing extra numbers. D96-12-079 A96-04-044 - Southern California Gas Company. Application under the annual earnings assessment proceeding for shareholder earnings for the 1995 demand-side management (DSM) Program Year. A96- 05-002, A96-05-006, A96-05-009 - Related matters. Awards life-cycle earnings for 1994 and 1995 DSM programs as follows: Southern California Edison Company (SCE): $7,138,000; Pacific Gas and Electric Company (PG&E): $89,187,000; San Diego Gas and Electric Company (SDG&E): $42,984,000; Southern California Gas Company (SoCal): $7,078,000. Authorizes 1997 recovery of first- year earnings for 1995 DSM programs and second- year earnings for 1994 DSM programs as follows: PG&E: $25,337,000; SDG&E: $10,793,000; SoCal: $1,762,000; and SCE: $1,406,000. With the exception of SCE, the above amounts include interest, franchise fees and uncollectibles. Adopts specific modifications to measurement and evaluation protocols, as set forth in Attachment 3. These proceedings are closed. D96-12-080 A96-04-001 - Pacific Gas and Electric Company. For authority to adjust its electric rates effective January 1, 1997, and for Commission Order finding that electric and gas operation during the reasonableness review period from January 1, 1995 to December 31, 1995 were prudent. Interim Order - Concludes that Pacific Gas and Electric Company's (PG&E) authorized fuel-related revenue requirement should be reduced to $718.2 million in this proceeding and an additional $5.3 million in other proceedings, effective January 1, 1997, as set forth in Appendix B. However, as provided in cost recovery plan authorized by the new Public Utilities Code Section 368, PG&E's overall electric rates will not be revised. Also, as provided in the cost recovery plan, the projected overcollections in certain of PG&E's balancing accounts will be used to offset PG&E's transition costs. The treatment of projected overcollection and transition costs is being dealt with in other proceedings. In addition, this decision suspends PG&E's Annual Energy Rate mechanism until further order by the Commission. D96-12-081 R93-09-026 - Order Instituting Rulemaking on the Commission's own motion to revise General Order 156. Interim Order - Sets 1.5% as the goal for Disabled Veteran Business Enterprise utilization under General Order (GO) 156. Amends GO 156, Section 8.2 to so reflect. Amends GO 156 by deleting Section 8.2.1. R93-09-026 remains open for the resolution of issues unaffected by this decision. D96-12-082 A96-08-010 - Southern California Edison Company. For orders: (1) Approving a proposed settlement and amendment of power purchase agreement between Edison and VMSO IV Corporation; (2) Authorizing Edison's recovery in rates of payments made pursuant to the power purchase agreements included in the proposed settlement and amendment. Grants the application of Edison for an ex parte order approving and finding reasonable a settlement agreement entered into between Edison and VMSO IV Corporation. Upon approval of the settlement, the parties will execute an amendment to their Interim Standard Offer No. 4 contract that is the subject of the litigation between the parties. For the reasons set forth in our decision, ORA's limited protest is denied. This proceeding is closed. D96-12-083 A96-02-056 - Southern California Edison Company (Edison). For authority to make the following changes to its present ratemaking for its share of Palo Verde Nuclear Generating Station Unit Nos. 1, 2, and 3: (i) accelerate recovery of the company's sunk investment; (ii) adopt Palo Verde incremental cost incentive pricing for its incremental costs; and (iii) receive related and substantive and procedural relief. Approves an all-party settlement resolving the issues of the Palo Verde Nuclear plant sunk costs and incremental pricing for the years 1997-2001. Palo Verde sunk costs are estimated to be $1.230 billion, to be amortized over five years or less; the return on sunk costs has been reduced to 7.35%. Adopts the settlement agreement set forth in Attachment 1. The incremental cost of Palo Verde will consist of the amounts billed to Edison by Arizona Public Service, the operator of the plant, plus Edison's overheads and taxes. Edison's yearly estimated incremental cost ranges between $104 million to $118 million. Edison shall file within 10 days an Advice Letter setting forth the tariff charges authorized by this decision. This proceeding is closed. D96-12-084 A94-08-043 - Sierra Pacific Power Company, Sierra Pacific Resources, The Washington Water Power Company, and Resources West Energy Corporation. For an order authorizing the merger of Sierra into Resources West authorizing the issuance of securities, assumption of obligations, adoption of tariffs, and transfer of certificates of public convenience and necessity. By a joint petition filed on November 4, 1996, Sierra and the Office of Ratepayer Advocates request modification of D95-05-059 to provide for a freeze of Sierra's current electric rates through December 31, 2000 and to extend the dates for Sierra to make certain required regulatory filings. This order grants the joint petition, provided that the Commission may modify or rescind the rate freeze and require regulatory filings as necessary and appropriate in view of Sierra's cost recovery plan proposal, required by Public Utilities Code Section 368. The Commission may also order changes in Sierra's rates effective any time after 1999, following investigation of Sierra's rates and charges on the Commission's own motion. In addition, provision is made for adjustments to Sierra's rates in the event of certain uncontrollable and unforeseeable events, as defined. This proceeding is closed. D96-12-085 C95-06-032 - Harold W. Lewis v Cellular One and Channel Communications. Complainant sought cellular service. Defendants required $1,000 security deposit or disclosure of social security number (SSN) to check credit. Complainant disclosed number. Complainant sued to purge SSN from defendants' records and requests change in tariff provisions. Motion to dismiss granted on ground that request to purge SSN from records is satisfied and complainant lacks standing under Public Utilities Code { 1702 and Rule 9(a) to contest terms of tariff. This proceeding is closed. D96-12-086 R95-04-043 - Order Instituting Rulemaking on the Commission's own motion into competition for local exchange service. I-95-04-044 - Related matter. Interim Order - Adopts a statewide policy concerning the use of geographic splits and overlays as area code relief options pursuant to D95-08-052. The decision also prescribes that mandatory 1+10-digit dialing which is implemented as a condition of an overlay should apply to the region(s) subject to an overlay, but should not apply on a statewide basis. D96-12-087 R95-04-043 - Order Instituting Rulemaking on the Commission's own motion into competition for local exchange service. I-95-04-044 - Related matter. Interim Order - Addresses the issue of whether the implementation schedule for area code relief in the 310 and 619 Numbering Plan Areas should be accelerated. Directs the Commission's Telecommunications Division to conduct a workshop for the purpose of discussing ways to overcome Operational Support Systems constraints limiting the ability to schedule permissive or mandatory dialing for multiple relief plans within the same month. D96-12-088 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 - Provides an updated roadmap for the necessary steps to achieve the beginning of the transition period for electric restructuring, no later than January 1, 1998. As a result of Assembly Bill (AB) 1890, some new proceedings are required and others are changed in scope. The Revenue Adjustment Proceeding is established as a new annual proceeding to review, track and compare each utility's authorized revenue requirements with actual recorded revenues. The Nuclear Decommissioning Costs Triennial Proceeding is established to determine the nuclear decommissionary costs of the utilities over a three-year period. By February 10, 1997 respondents shall, and interested parties may, file and serve proposals to establish a generic method to review qualifying facilities contracts identifications. Determines that specific utility actions and working group reports which require approval must comply with Rule 17.1 of the Commission's Rules of Practice and Procedure, which addresses the California Environmental Quality Act. D96-12-089 A89-04-001 - Pacific Gas and Electric Company. For authority to adjust its electric rates effective November 1, 1989, and for Commission order finding that electric and gas operations during the reasonableness review period from February 1, 1988 to January 31, 1989 were prudent. A90-04-003, A91-04-003, A92-04-001, A93-04-011, A94-04-002, A95-04-002 - Related matters. Interim Order - Approves a modified stipulation between PG&E and the Division of Ratepayer Advocates/Office of Ratepayer Advocates, attached as Appendix A and B. The two parties have agreed to add interest charges to the $67 million settled amount, as anticipated in D96-08-033, and to credit the portion of the settled amount plus interest that will be returned to retail electric customers to PG&E's electric deferred refund account, as anticipated in D96-12-027. Related exhibits are received into evidence, and certain Canadian pipeline demand charges are exempted from the requirements of Resolution G-3087. D96-12-090 C92-02-026 - United Parcel Service, Inc. In the matter of filing tariff pages that reflect increases in parcel rates without authorization from this Commission and using an outdated D89- 09-014 dated September 7, 1989, as the authority to increase rates effective February 24, 1991. A92-04-026 - Related matter. This decision deals with the Commission's order to reopen and reexamine this consolidated proceeding concerning purported unlawful rate increase filings by United Parcel Service, Inc. in 1992. Denies motion of Todd AO Corporation to rescind or clarify Order reopening this proceeding. Vacates Conclusions of Law Nos. 2 and 3 of D93-02-001, which together conclude that the UPS rate increases charged to customers as of February 24, 1992, to February 4, 1993, had not been put into effect legally. Closes consolidated docket for receipt of complaints for refunds on the rate increases charged by UPS from February 24, 1992 to February 4, 1993. These proceedings are closed. D96-12-091 A93-12-025 - Southern California Edison Company. For authority to increase its authorized level of base rate revenue under the electric revenue adjustment mechanism for service rendered beginning January 1, 1995 and to reflect this increase in rates. I94-02-002 - Related matter. Interim Order - Modifies finding of fact 3 of D96-08-025, and denies application for rehearing of D96-08-025 as modified, by City of Anaheim regarding the authorization of Southern California Edison Company to offer negotiated discount contracts to certain customers. I96-12-041 - Investigation on the Commission's own motion into the operations and practices of Harjit Singh, dba Herry Bros. Trucking, an individual. For allegedly operating without liability insurance during a period when his permit was in suspension. R E S O L U T I O N S 12/20/96 E-3401 Advice Letter 1002-E/1032-G of San Diego Gas & Electric Company. Requests to revise its Electric Revenue Adjustment Mechanism authorized base rate revenue and its gas base cost amount to reflect its electric and gas performance based ratemaking base rate revenue requirement for 1997. This resolution approves the requested gas and electric revenue changes. Electric rates will not change under Assembly Bill 1890. Gas rates will become effective with biennial cost allocation proceeding; Granted E-3478 Advice Letter 1191-E of Southern California Edison Company (Edison). Requests Commission authorization to establish a nongeneration performance based rate adjustment mechanism and a cost of capital trigger mechanism on January 1, 1997. Edison also seeks to create a base rate performance mechanism and the following interest bearing memorandum accounts: the Z factor account, the nongeneration revenue sharing account, and the base rate performance account; Southern California Edison Company shall refile Advice Leter 1191-E as a supplemental Advice Letter within 10 days of this Resoulution as set forth. The Office of Ratepayer Advocates protest regarding Edison's classification of certain facilities in a manner inconsistent with the FERC adopted designations is granted, and in all other respects is denied. T-15968 Advice Letter 18380 and Supplemental Advice Letter 18380 A of Pacific Bell. Advice Letter No. 8226, and Supplemental Advice Letter No. 8226A of GTE of California. Request for approval of rates for resale of Caller ID Service to competitive local carrier resellers; Granted T-15976 Advice Letter 18508 as supplemented by 18508A of Pacific Bell. Order applying the adopted price cap mechanism in compliance with D89-10-031, D94-09-065 and D95-12-052 through adjustments to surcharges/surcredits to be effective January 1, 1997; Adopted T-15977 Advice Letter 8269 of GTE California Incorporated. Order applying the adopted price cap mechanism in compliance with D90-10-031, D94-09-065, and D95-12-052 through adjustments to surcharges/ surcredits to be effective January 1, 1997; Adopted T-15978 Advice Letter 596, supplemented by 596A, and 596B of Citizens Telecommunications Company of California, Inc. Order applying the adopted cap mechanism in compliance with D95-11-024, D94-09-065,D94-06-011, and D89-10-031 through adjustments to surcharges/surcredits to be effective January 1, 1997; Adopted T-15980 Advice Letter 18542 of Pacific Bell. Request for approval of an interconnection agreement between ICG Telecom Group, Inc. and Pacific Bell pursuant to Section 252 of the Telecommunications Act of 1996; Granted T-15981 Advice Letter 18590 of Pacific Bell. Request to extend the provisional offering of frame relay service until six months following the effective date of the final order in the Open Access Network Architecture Development proceeding, R93- 04-003/ I93-04-002; Granted T-15982 Advice Letter 8309 of GTE California Incorporated. Request on less than regular notice to extend the provisional offering of frame relay service until six provisional months following the effective date of the final order in the OANAD proceeding, R93-04-003/I93-04-002; Granted T-15983 Advice Letters 17112, 17763, and Supplement 17763A of Pacific Bell. Request for approval of budget for California high cost fund administration expenses for 1995. Request to recover from the fund the expenses of administering the fund during 1995; Granted TL-18767 Resolution authorizing the Executive Director, or his designee, to renew or authorize the transfer of charter-party carrier of passengers permits and certificates, and to make findings specified in public utilities code section 5374 necessary to exercise this delegated authority; Adopted TL-18775 Resolution approving issuance and transfer of highway carrier authority pursuant to Sections 1063.5 and 3553 of the Public Utilities Code; Adopted TL-18776 Resolution denying issuance of charter-party carrier authority and highway carrier authority (including authority to operate as a household goods carrier) for failure to satisfy statutory provisions of the Public Utilities Code and Commission General Orders; Adopted ST-20 Los Angeles County Metropolitan Transportation Authority. Requests approval of its System Safety Program Plan; Granted ST-21 San Diego Trolley, Inc. Requests approval of its System Safety Program Plan; Granted ST-22 Sacramento Regional Transit District. Requests approval of its System Safety Program Plan; Granted ST-23 San Francisco Bay Area Rapid Transit District. Requests approval of its System Safety Program Plan; Granted ST-24 San Francisco Municipal Railway. Requests approval of its System Safety Program Plan; Granted ST-25 Santa Clara Valley Transportation Authority.Requests approval of its System Safety Program Plan; Granted ST-26 Resolution approving the initial report and certification to the Federal Transit Administration and authorizes the Director of the Rail and Safety Carrier Division to sign on behalf of the Commission; Adopted W-4011 Advice Letter 17 of Mountain Charlie Water Works, Inc. Request authority to construct proposed plant improvements, to enter into a $815,945 loan with the California Department of Water Resources (DWR) through DWR's Safe Drinking Water Bond Act Loan Program, and to implement a surcharge to provide recovery for the principal and interest payments on the loan; Granted W-4012 Mt. Charlie Water Works, Inc. Order authorizing a general rate increase producing additional annual revenue of $221,520 or 186%; Adopted W-4013 Order authorizing all water utilities to establish memorandum accounts for recording expenses resulting from: (1) The Environmental Protection Agency's adopted new national primary drinking water regulations; (2) California Department of Health Services mandated fees, additional water testing costs and expenses; and (3) authority to file advice letters for the recovery of such charges and expenses; Adopted W-4014 Advice Letter 280 of San Jose Water Company. Order authorizing the establishment of a memorandum account for tracking revenue and expense related to changes in federal and state tax liability for all Class A water utilities and Alco Water Company; Adopted W-4015 Twin Valley Water Company. Request to borrow additional funds under the Safe Drinking Water Bond Act and to increase its surcharge to water rates to repay the loan; Granted W-4016 Advice Letter 44 of Tahoe Park Water Company. Order authorizing a rate base offset rate increase producing $13,080 or 9.5% additional annual revenue; Adopted W-4017 Sequoia Crest Water Company. Order authorizing a rate base offset rate increase producing $15,136 or 64.4% additional annual revenue; 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). 1/14/97 9:30 am NONE SCHEDULED 1/21/97 9:30 am NONE SCHEDULED 1/28/97 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 (M)=Mediation 1/6/97 10:00 am ALJ Barnett A96-10-038 (PHC)-Pacific Enterprises, Enova Corporation, Comr Duque Mineral Energy Company, B Mineral Energy Sub, and Comr Neeper G Mineral Sub, for approval of a plan of merger of Pacific Enterprises and Enova Corporation with and into B Mineral Energy Sub (Newco Pacific Sub) and G Mineral Energy Sub (Newco Enova Sub), the wholly owned subsidiaries of a newly created holding company, Mineral Energy Company, Council Chambers, 12th Floor City Administration Building, 202 C Street, San Diego 1/7/97 1:00 pm ALJ Malcolm A95-12-043 (WS)-Pacific Bell, for authority to increase Comr Duque and restructure certain rates of its Integrated Services Digital Network services, and C96-02-002 (WS)-Compaq Computer Corporation and Intel Corporation vs. Pacific Bell, for unjust and unreasonable rates and charges, and practices, and inadequate service for its Integrated Service Digital Network service, Commission Courtroom, San Francisco 1/8/97 10:00 am ALJ Careaga A96-11-047 (PHC)-Southern California Edison Company, for Comr Conlon Section 376 treatment of transmission facility upgrades, Commission Courtroom, San Francisco 1/8/97 1:00 pm ALJ Careaga A96-11-046 (PHC)-Southern California Edison Company, for Comr Conlon authority to sell gas-fired electrical generation facilities, Commission Courtroom, San Francisco 1/9/97 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 (PHC)-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 1/13/97 1:00 pm ALJ Careaga A96-11-020 (PHC)-Pacific Gas and Electric Company, for Comr Conlon authorization to sell Hunters Point, Morro Bay, Moss Landing, and Oakland generating plants and related assets, Commission Courtroom, San Francisco 1/13/97 7:00 pm ALJ Garde A96-09-015 (PPH)-California Water Service Company, for a Comr Duque general rate increase to increase gross revenues by $1,396,900, or 7.11%, in 1997, and by additional amounts totaling $16,300, or 0.08% in 1998; $67,100, or 0.32% in 1999; and $62,700, or 0.30% in 2000, in the Palos Verdes District, and A96-09-017 (PPH)-California Water Service Company, for a general rate increase to increase gross revenues by $1,132,400, or 17.63% in 1997, and by additional amounts totaling $75,700, or 1.00% in 1998; $31,900, or 0.42% in 1999; and $30,200, or 0.39%, in 2000, in the Livermore District, (PPH), A96-09-015, Public Library, Community Room 650 Deep Valley Drive, Rolling Hills Estates; (PPH), A96-09-017, for 7 pm, January 15, Livermore Chamber of Commerce, 2157 First Street, Livermore; (EH), A96-09-015 and A96-09-017, 10 am, January 21, Commission Courtroom, San Francisco (also January 22-24, San Francisco) 1/14/97 10:00 am ALJ Walker C92-03-025 (M)-Energy Reserve, Inc. and Tansev and Comr Duque Associates vs Pacific Gas and Electric Company, in re development of interconnection facilities for ERI's Chico Martinez Enhanced Oil Recovery Cogeneration Facilities, Commission Courtroom, San Francisco (also January 23, San Francisco) 1/14/97 10:00 am ALJ Careaga C96-02-014 (EH)-MCI Telecommunications Corp, and AT&T Comr Neeper Communications of California, Inc. vs. Pacific Bell and MFS Intelenet of California, for discriminatory provision of toll and joint-use Centrex services to MFS Intelenet for resale to MFS Intelenet's customers, Commission Courtroom, San Francisco (also January 15, San Francisco) 1/14/97 1:30 pm ALJ Weissman A96-12-009 (PHC)-Pacific Gas and Electric Company, to Comr Conlon identify and separate components of electric Comr Duque rates effective January 1, 1998, and A96-12-011 (PHC)-San Diego Gas & Electric Company, for authority to unbundle rates and products, and A96-12-019 (PHC)-Southern California Edison Company, proposing the functional separation of cost components for energy, transmission, and ancillary services, distribution, public benefit programs, and nuclear decommissioning, to be effective 1/1/98 in conformance with D.95-12-036 as modified by D.96-01-009, the 6/21/96 Ruling of Assignment Commission Duque, D.96-10-074, and AB 1890, Commission Courtroom, San Francisco 1/15/97 9:00 am ALJ Weissman R94-04-031 (EH)-Commission Order Instituting Rulemaking on Comr Fessler its proposed policies governing restructuring Comr Knight California's electric service industry and reforming regulation, and I94-04-032 (EH)-Commission Order Instituting Investigation on its proposed policies governing restructuring California's electric services industry and reforming regulation, Commission Courtroom, San Francisco 1/15/97 10:00 am ALJ Stalder I96-09-003 (EH)-Commission Investigation into the operations Comr Conlon and practices of Lev Gamer, dba Jet Shuttle, a passenger stage corporation, Commission Courtroom, Los Angeles 1/16/97 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 January 17, Los Angeles) 1/17/97 10:00 am ALJ Barnett C96-12-022 (ECP)-Steven R. Reckon vs. Nationwide Cellular Services, Inc., for improper disconnect fee charges, improper interest charges, improper incomplete call charges, and inadequate customer assistanc4e service resulting in improper charges in the amount of $385.55, Commission Courtroom, Los Angeles 1/17/97 10:00 am ALJ Barnett C96-11-036 (ECP)-Sanjiv Verma, M.D., Inc. vs. Pacific Bell, for expenses of correcting deficiencies in the installation of the equipment for the ISDN line in the amount of $721.20, and for improper charges on the ISDN line, Commission Courtroom, Los Angeles 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) 1/21/97 10:00 am ALJ Minkin A96-08-001 (PHC)-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 (PHC)-San Diego Gas & Electric Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-007 (PHC)-Southern California Edison Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-070 (PHC)-Pacific Gas and Electric Company, to establish the competition transition charge, and A96-08-071 (PHC)-Southern California Edison Company, to estimate transition costs and establish a transition cost balancing account, and A96-08-072 (PHC)-San Diego Gas & Electric Company, to estimate transition costs and establish a transition cost balancing account, Commission Courtroom, San Francisco (EH) March 17-21, 24-28, March 31, and April 1-4. San Francisco) 1/22/97 10:00 am ALJ Walker A96-11-007 (PHC)-Southern California Water Company, to Comr Knight increase rates in order to recover costs resulting from participation in the State Water Project under contract with the Central Coast Water Authority and other related costs to deliver water in its Santa Maria District, Commission Courtroom, San Francisco 1/22/97 10:00 am ALJ Rosenthal A92-11-016 (EH)-Hillcrest Water Company, for a 23.3% rate Comr Duque 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 (also January 23, 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 1/24/97 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 1/28/97 10:00 am ALJ McKenzie R93-04-003 (PHC)-Commission Order Instituting Rulemaking on Comr Duque Commission's own motion to govern open access to bottleneck services and establish a framework for network architecture development of dominant carrier networks, and I93-04-002 (PHC)-Commission's Order Instituting Investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks, Commission Courtroom, San Francisco 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) 1/30/97 9:30 am ALJ Garde A96-10-025 (EH)-Rose Transportation of Santa Barbara, dba Comr Duque Santa Barbara Shuttle, for a Certificate of Public Convenience and Necessity to operate as a passenger stage service between certain points in Santa Barbara, on the one hand, and Los Angeles International Airport, on the other hand, Santa Barbara City Hall, 735 Anacapa Street, Council Chambers, 2nd Floor, Santa Barbara 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) 2/4/97 1:30 pm ALJ Weiss I96-09-002 (PHC)-Commission Investigation into whether the Comr Duque Greenbelt Water Company, Inc., is unable or unwilling to serve its ratepayers, is incapable of financial management, or is unresponsive to the rules, orders, and decisions of the Commission, Santa Cruz Library, Branciaforte, 230 Gault Street, Santa Cruz 2/6/97 9:00 am ALJ Bushey A96-02-004 (PHC)-Safety and Enforcement Division, for an Comr Neeper emergency order to declare void the authority "granted" through the advice letter process to Midcom Communications, Inc., and Cherry Communications, Inc. for Midcom Communications, Inc. to purchase a portion of the California customer base of Cherry Communications, Inc.,Commission Courtroom, 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) 2/10/97 7:00 pm ALJ Walker C96-10-004 (PHC)-Roger Collin, Georgia Collin, and Charles Comr Duque Acker vs. Pacific Bell, for improper rates and toll charges, Mendocino Community Center, corner of School and River Streets, Mendocino 2/11/97 7:00 pm ALJ Walker C96-10-023 (PHC)-Sonia L. Gill, et al., vs. Pacific Bell, Comr Duque for incorrect area code designations and improper toll call charges, Veterans Memorial Building, 14470 Highway 128, Boonville 2/19/97 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 February 20, Los Angeles) 2/19/97 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 2/20/97 3:00 pm 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 3/3/97 10:00 am ALJ Ryerson A96-02-030 (EH)-Dana Point/Catalina Transit Co., dba Dana Comr Conlon Point/Catalina Transit Co., Inc., for certificate of public convenience and necessity to operate a vessel common carrier between Dana Point, California, and Avalon, California, and A96-04-013 (EH)-Island Navigation Company, Inc., dba Catalina Island Water Transportation Company, to amend its certificate of public convenience and necessity and to extend its operating authority to include the transportation of persons and baggage by vessel between Dana Point and Long Beach, California, on the one hand, and all points and places on Santa Catalina Island, on the other hand, Commission Courtroom, Los Angeles (also March 4, Los Angeles) 3/25/97 10:00am ALJ Stalder C96-08-019 (EH)-George W. Gillemot vs. Borrego Springs Water Comr Duque Company, for improper replacement of the water meter with resulting in excessive charges for water consumption, City Hall Council Chamber, 210 N. Broadway, Escondico 4/7/97 10:00 am ALJ Barnett A91-05-050 (EH)-Southern California Edison Company, to Comr Fessler 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 (also April 8-11, San Francisco) 4/8/97 10:00 am ALJ Careaga A96-06-029 (EH)-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 MISCELLANEOUS TRANSPORTATION ITEMS 01/03/97 NONE NEW FILINGS 12/20/96 A96-12-055 SpectraNet SGV, for a certificate of public convenience and necessity to offer local exchange access and interexchange services 12/20/96 A96-12-056 SpectraNet Orange Coast, for a certificate of public convenience and necessity to offer exchange access and interexchange services 12/23/96 A96-12-053 Intelco, Global Information Services, Ltd., for a certificate of public convenience and necessity to operate as a reseller of interLATA and intraLATA telecommunications services 12/23/96 A96-12-054 Mini-Bus Systems, Inc., dba SuperShuttle San Gabriel, to extend on-call passenger stage authority to include Palm Springs Airport, San Bernardino Airport, Palm Springs Rail Station, and "Baggage-Express Service", on the one hand, and the remaining portions of San Bernardino and Riverside counties, on the other hand (1222 East Holt Boulevard, Ontario, CA 91761. Phone: (909) 984-0040) PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS NONE NEW SETTINGS NONE 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 Friday January 3, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) CONTINUATION MEETING January 9, 1997 (10:00 am) California Public Utilities Commission 505 Van Ness Avenue, Auditorium San Francisco Item 16 from Commission Meeting of December 20, 1996 A96-08-068 - MCI Telecommunications Corporation (MCI). For arbitration pursuant to Section 252 (b) of the Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. The local interconnection agreement filed by the parties in response to the Arbitrator's Report dated December 3, 1996, with the clauses set forth in the decicison, between MCI and Pacific Bell is approved pursuant to the requirements of the Telecommunications Act of 1996. This proceeding is closed. (Com Duque - ALJ Careaga) REGULAR COMMISSION MEETINGS January 13, 1997, (9:30 am) January 23, 1997, (9:00 am) February 5, 1997, (10:00 am) San Francisco 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. PUBLIC MEETING 2:00 pm - 3:30 pm January 13, 1997 California Public Utilities Commission 505 Van Ness Avenue, Auditorium San Francisco Report of the Power Exchange and Independent System Operator Trustee to the Commission The Commission's Preferred Policy Decision in electric restructuring (D.95-12-063 as modified by D.96-01-009) provides for the establishment of a Power Exchange (PX) and an Independent System Operator (ISO). The PX will foster the development of a transparent wholesale electricity spot market through conducting an auction for generation. The ISO will have responsibility for efficient and reliable management of the transmission grid. Both of these institutions will require sophisticated computer software and hardware, metering devices and communications facilities to communicate with market participants, coordinate transactions both among themselves and with each other, and carry out billing and settlement activities. In order that this infrastructure be in place by January 1, 1998, the target date for the PX and the ISO to begin operation, the Commission established a Trust to finance their acquisition and appointed a Trustee to begin their procurement, development and implementation. Mr. David Freeman, the Trustee, will report to the Commissioners on his activities and progress to date in establishing the PX's and the ISO's infrastructure for deployment by January 1, 1998. A regularly-scheduled Commission Meeting also takes place on January 13, beginning at 9:30 am. In the event that meeting ends after 2 pm, the meeting with the Trustee will begin shortly thereafter. WORKSHOP NOTICE TO ADDRESS SELECTED TRANSITION COST ISSUES RAISED BY UTILITY PROPOSED TARIFFS FOR COMPETITION TRANSITION COST TERMS AND CONDITIONS AND BALANCING ACCOUNTS 10 am January 13, 1997 and 9 am January 14, 1997 California Public Utilities Commission Training Room 505 Van Ness Avenue San Francisco, California The workshop will be conducted by the energy division staff. Workshop discussion will be limited to selected topics set forth in the Administrative Law Judge's ruling dated December 30, 1997 and served on all parties to A.96- 08-001 et al. If you have questions regarding the workshop, please contact Steve Layman of the Energy Division via e-mail at stv@cpuc.ca.gov, by FAX at (415) 703-1965 or by phone at (415) 703-3332. PUBLIC MEETING 1:00 pm January 14, 1997 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. For further information, please contact the receptionist at (415) 703-1245. 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 Universal 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. WORKSHOP NOTICE R.95-01-020/I.95-01-021 Workshop to form Universal Service Working Group (USWG) 9:00 am - 4:00 pm January 15, 1997 California Public Utilities Commission 505 Van Ness Avenue, Auditorium San Francisco 9:00 am - 4:00 pm January 17, 1997 Pacific Bell, First Floor Auditorium 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 USWG and USWG Steering Committee and to discuss its goals, purpose, and organizational framework. Participants are requested to attend either one of the workshop sessions. The same agenda will be discussed during each session. Please contact Zenaida Conway at (415) 703-2005, Kelly Boyd at (415) 703-2520, or Simin Litkouhi at (415) 703-1522 by January 7, 1997, if you are attending the workshop. The workshop agenda will be available on January 8, 1997. If specialized accommodations for the disabled are needed, please contact the Public Advisor at (415) 703-2074 voice or (415) 703-2032 TDD. PUBLIC MEETING 10:00 am - 3:00 pm January 16, 1997 Deaf & Disabled Telecommmunications Program Office 1939 Harrison Street, Suite 555 Oakland The Equipment Program Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. Contact person is Sara Brucker at (510) 874-1410 voice or (510) 874-1411 TDD. PUBLIC MEETING LOTTERY FOR TELEPHONE NUMBER PREFIX ASSIGNMENTS IN THE 310, 415, 562, 619, 714, AND 760 NUMBERING PLAN AREAS Lottery begins at 1:30 PM January 22, 1997 Auditorium California Public Utilities Commission 505 Van Ness Avenue San Francisco The Telecommunications Division of the California Public Utilities Commission will be conducting a lottery to determine allocations of central office codes (NXXs) in the 310, 415, 562, 619, 714, and 760 area codes pursuant to the provisions of D.96-09-087. Applications for NXXs should be submitted to the California Code Administrator prior to close of business January 14. For information on the lottery process, call (415) 703-1923. If specialized accommodations for the disabled are needed, call the Public Advisor at (415) 703-2032 five working days in advance of the event. PUBLIC MEETING 10:00 am - 4:00 pm January 24, 1997 Deaf & Disabled Telecommmunications Program Office 1939 Harrison Street, Suite 555 Oakland The California Relay Service Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. Contact person is Sara Brucker at (510) 874-1410 voice or (510) 874-1411 TDD. PUBLIC MEETING 10:00 am - 4:00 pm January 29, 1997 Deaf & Disabled Telecommmunications Program Office 1939 Harrison Street, Suite 555 Oakland The Administrative Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. The contact person is Shelley Bergum at (510) 874-1410 voice or (510) 874-1411 TDD. 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 Universal 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 Universal 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. 12/31/96 A95-12-043 Pacific Bell, for authority to increase and restructure certain rates of its Integrated Services Digital Network services, C96-02-002 Compaq Computer Corporation and Intel Corporation vs. Pacific Bell, for unjust and unreasonable rates and charges, and practices, and inadequate service for its Integrated Services Digital Network service. On December 30, 1996, Cynthia Walker, Regulatory Manager for the California Cable Television Association (CCTA), met with Tim Sullivan, advisor for Cmmr. Duque in San Francisco. Walker stated that CCTA's main interest in the ISDN proceeding was to insure that final prices for the service are consistent with the costing and pricing principles established in the OANAD proceeding. Walker stated that the proposed decision's adoption of pricing policies for ISDN service is inconsistent with the OANAD proceeding. Walker recommended that the Commission revise ISDN rates on its own motion rather than requiring parties to file a petition to modify. CCTA Contact: La Tanya Linzie filed Tel: (510) 428-2225 01/02/97 I94-06-012 Commission Order Instituting Investigation and Order to Show Cause to determine if San Diego Gas & Electric Company should be held in violation of G.O. 95; and fined for its failure to comply with PU Codes 701, 2107, 2108 and 2112 by failing to exercise reasonable tree trimming practices and procedures. On December 30, 1996 and January 2, 1997, Ira Kalinsky, counsel for the Utilities Safety Branch of the Commission, met with ALJ Ryerson in San Francisco. Written material (attached to the notice), consisting of a memo of 01/02/97, regarding a proposed footnote to amend Table 1 Case 13, was used. Kalinsky suggested that the proposed decision be modified to include the footnote, so that normal annual weather variations would be taken into account in measuring clearances. USB Contact: Susie Toy filed Tel: (415) 703-1858 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 NONE