ADJOURNMENTS-RESETTINGS-SUBMISSIONS A96-08-048 Wright-Foothills' Flyer Inc., Evidentiary Hearing held and submitted upon receipt of transcript C97-01-023 Barnett-Jerry D. Young vs. Southern California Edison, hearing set for February 21, reset for 10 am, February 28, Los Angeles ADVICE LETTER FILINGS NONE D E C I S I O N S COMMISSION MEETING OF 1/13/97 I97-01-011 Commission Order Instituting Investigation, on the Commission's own motion into the operations, practices, and conduct of Donald Blakstad, an individual, Inter Continental Telephone Corporation, CTN Telephone Network, International Telecommunications Corporation, dba Total Communications Network and all affiliate companies in which Donald Blakstad has an ownership interest, that are providing telecommunications services, to determine whether they have complied with the laws, rules, regulations and applicable tariff provisions governing the manner in which consumers are switched from one long distance carrier to another, and other requirements for long distance carriers. EXECUTIVE ORDERS SIGNED 1/16/97 D97-01-025 A96-07-041 - Bettel Telecommunications, Inc. For a certificate of public convenience and necessity to include provision to operate as a facilities- based carrier of local telecommunications services. Dismissed at the written request of applicant. D97-01-026 A96-08-073 - AirTouch WMC, Inc. For a certificate of public convenience and necessity to provide competitive local exchange telecommunications services as a reseller. Dismissed at the written request of applicant. D97-01-027 I89-07-004 - Investigation on the Commission's own motion to implement the Biennial Resource Plan Update following the California energy Commission's Seventh Electricity Report. Corrects D96-12-028 as follows: page 20, Conclusion of Law 4, changes the word "single" to "simple" in line 1 and line 3; page 20, Conclusion of Law 4, deletes the words "as published in the publications indicated above" in line 2 and 3; Attachment 1, adds an additional set of parentheses around the factors GPn - GPbase. D97-01-028 C96-07-006 - TGGH Incorporated v Pacific Bell. For improper installation of service and resulting billing dispute in the amount of $4,846.00. Dismissed at the written request of complainant, with prejudice. D97-01-029 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 matters. Corrects references to "I94-02-032" in the heading of pages 2 through 35 and Attachment A of D96-11-041 to read "I94-04-032." COMMISSION MEETING OF 1/23/97 D97-01-030 A91-09-032 - Sierra Pacific Power Company. For authority to implement its energy cost adjustment clause, its electric revenue adjustment mechanism, and its low-income rate assistance surcharge. Finds that the reasonableness issues held open in interim order D92-08-037 have, with one exception, been satisfactorily resolved by subsequent reasonableness proceedings in A92-08- 040, A93-08-049, and A94-08-045. On the remaining issue, a $3,688 disallowance recommendation by the Office of Ratepayer Advocates (formerly Division of Ratepayer Advocates) for carrying costs associated with excess fuel inventory, we find in favor of applicant. This proceeding is closed. D97-01-031 C92-11-053 - Architectural Specified Coatings Corporation v Southern California Gas Company (SoCalGas). Complainant alleges that SoCalGas failed to credit certain checks to complainant's account. Dismissed for failure to meet the burden of proof. This proceeding is closed. D97-01-032 C95-09-040 - Brian Andrew Hyatt v Southern California Gas Company (SoCalGas) for improper charges and overbilling. Complainant has failed to substantiate allegations of improper gas billing and fraud by SoCalGas. The complaint is denied. This proceeding is closed. D97-01-033 C95-11-019 - California Alliance for Utility Safety and Education v San Diego Gas & Electric Company (SDG&E). This complaint seeks to compel SDG&E to provide more undergrounding of electric lines in the City of San Diego and to nullify a settlement agreement between the city and SDG&E which reduces the amount of undergrounding. Held. Grants SDG&E's motion to dismiss for failure to state a cause of action. The agreement between the city and SDG&E is in conformity with SDG&E's tariffs and D95-04-048. Complainant has not shown that SDG&E has violated any law, tariff, or rule of this Commission. This proceeding is closed. D97-01-034 A96-02-034 - Catalina Cruises, Inc. To transfer its certificate of public convenience and necessity to operate as a common carrier by vessel and to sell, assign, or otherwise transfer property, including a leasehold interest, necessary or useful in the performance of its common carrier by vessel service, to Catalina Channel Express, Inc. (CCE), or its designee, and for CCE to provide a letter of credit to secure transfer of the leasehold interest. Dismissed at the written request of applicant. This proceeding is closed. D97-01-035 (ECP) C96-08-046 - John N. Haley v Southern California Gas Company. Denied by reason of failure of proof. This proceeding is closed. D97-01-036 A96-06-050 - ZipCall, LLC. For a certificate of public convenience and necessity to resell interLATA and intraLATA telecommunications services. Granted. This proceeding is closed. D97-01-037 A96-02-042 - Ana Elvia Sanchez, dba "Wee Haul" Shuttle Service. For authority to operate under Sections 1031, 1032, 1036 and RPP Rule 45b(1) as a passenger stage corporation within the boundaries of San Diego County. Interim order - Grants Applicant interim authority, attached as Appendix PSC-10335, to operate as a passenger stage corporation to transport children between points and places within San Diego County. D97-01-038 I96-09-031 - Order Instituting Investigation (OII) and Order to Show Cause into the operations and practices of Joe Burnley, Sr. and consolidation with A96-05-041. Interim order - Suspends the operating authority of Joe Burnley, Sr. pending the final outcome of this OII. D97-01-039 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. Approves an agreement between MCI and Pacific Bell for interconnection between their telecommunications networks, unbundled network elements, and other telecommunications services, filed on 1/21/97; directs the parties to file an executed copy of the agreement within 10 days of the date of this order. This proceeding is closed. D97-01-040 I94-04-005 - Investigation on the Commission's own motion into the operations, rates and practices of Mae Newman, dba Mae Newman and Pacific Building Products, Inc., a California corporation as Shipper Respondent. Dismissed. This proceeding is closed. D97-01-041 A96-07-039 - Universal Transportation Systems, Inc. For authority to acquire, and Uri Darwish dba Quick Trip Shuttle Service to sell a certificate of public convenience and necessity (PSC 6865) to operate as a passenger stage between points in Los Angeles and Orange counties on the one hand and Los Angeles International Airport, John Wayne Airport, Burbank Airport, and Long Beach Airport, LA AMTRAK and LA & LB Harbors on the other hand. Granted. This proceeding is closed. D97-01-042 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 issues relating to subscriber directory listing and access to the local exchange carriers directory listing information; directs the ALJ to issue a procedural ruling calling for comments; transfers issues relating to competitive access to telecommunications directory information from I90-01-033 to this proceeding. D97-01-043 C95-09-030 - Selwyn and Loretta Vos v Pacific Gas and Electric Company (PG&E). Interim order - Finds that PG&E violated mitigation measures in constructing a new compressor station as part of its pipeline expansion project; conditionally fines PG&E for its failure to work with Vos to identify and resolve development conflicts, the potential fine total being $790,000; conditionally fines PG&E $280,000, for its failure to notify the Vos of anticipated construction activity at least 2 weeks in advance of construction; directs the Consumer Services Division to report all additional violations of the mitigation orders with respect to the project; directs PG&E to provide supplemental information. D97-01-044 I94-06-012 - Investigation on the Commission's own motion and Order to Show Cause to determine if San Diego Gas & Electric Company should be held in violation of the Commission's General Order 95 for failure to have exercised reasonable tree trimming practices and procedures. Interim order - Adopts final standards (attached as Appendix) for trimming trees which are in proximity to overhead electric lines of utilities within the Commission jurisdiction; denies intervenor Gary Bailey's request for environmental review; directs the ALJ to convene a prehearing conference within 30 days and the evidentiary hearing within 90 days, after the effective date of this order. D97-01-045 A96-09-012 - MCI Telecommunications Corporation (MCI). For arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with GTE California Incorporated (GTEC). Approves the local interconnection agreement filed by MCI and GTEC in response to the arbitrator's report dated December 11, 1996; directs the parties to file an executed copy of an agreement conforming to this decision within 10 days of its date. This proceeding is closed. D97-01-046 A96-09-043 - Sprint Communications Company (Sprint). For arbitration of interconnection rates, terms, conditions, and related arrangements with Pacific Bell. Approves the arbitrated interconnection agreement between Sprint and Pacific Bell, filed on 12/26/96. This proceeding is closed. D97-01-047 A89-03-026 - Southern California Edison Company (Edison). For a Certificate that the present and future public convenience and necessity required or will require Edison to construct and operate a 220 kV double-circuit transmission line between the Kramer Substation and the Victor Substation in San Bernardino County. Interim order - Disposes of application of Toward Utility Rate Normalization for rehearing of D96-09-039 by granting limited rehearing of D96-09-039 to permit Edison to make the evidentiary showing that the costs that it incurred for the Kramer- Victor Project are "reasonable and prudent" in accordance with section 1005.5(c) of the Public Utilities Code. >D97-01-048 R95-01-020 - Rulemaking on the Commission's own motion into universal service and to comply with the mandates of Assembly Bill 3643. I95-01-021 - Related proceeding. Interim order - Denies The Utility Reform Network's request for immediate stay of an end user surcharge to fund the California High Cost Fund B and the California Teleconnect Fund, adopted by D96-10-066. I97-01-027 - Instituting investigation into the operations and practices of Mike E. Chandler, an individual doing business as At Your Service. 1/27/97 D97-01-049 C96-10-026 ECP - Jerry L. Storts v Searles Domestic Water Company (Searles). For improper billing in the amount of $355.73. Dismisses the complaint under Public Utilities Code section 308 and Resolution A-4638; complainant's deposit with the Commission of $355.73 shall be disbursed, in accord with the parties' agreement, as follows: $177.87 to Jerry Storts and $177.86 to Searles. D97-01-050 R94-04-031 - Investigation on the Commission's proposed policies governing restructuring California's electric services industry and reforming regulation. I94-04-032 - Related matter. Corrects errors in D96-12-025: on page 10, ordering paragraph 2, line 4: insert a comma and the word "and" after the word "FERC" and before the word "electric.". D97-01-051 A96-10-030 - NEXTLINK Communications, L.L.C., NEXTLINK of California, L.L.C. and Linkatel Pacific, L.P (Linkatel). For authority to transfer assets, including certificates of public convenience and necessity, from Linkatel to NEXTLINK Communications, L.L.C. and then to its subsidiary, NEXTLINK of California. Granted as set forth. This proceeding is closed. R E S O L U T I O N S 5/31/96 T-15912 Advice Letters 612, 615, 617, 619, 620, 621, 623 628 of Los Angeles Cellular Telephone Co. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 1/23/97 E-3479 Advice letter 1624-E, filed November 22, 1996 of Pacific Gas and Electric Company (PG&E). Proposes to continue its economic stimulus rate and to revise the ratemaking treatment for the discount to put shareholders at risk for the discount rather than the current method which requires shareholders to fund the discount. This resolution rejects PG&E's proposed funding modification in favor of the 1996 funding mechanism; Granted; The Utility Reform Network's protest regarding PG&E's proposed modification of the ratemaking treatment of the Economic Stimulus Rate Credit revenue shortfall is granted T-15990 Advice Letter 18596, filed November 27, 1996 of Pacific Bell. Request for approval of an interconection agreement between TCI Telephony Services of California, Inc. and Pacific Bell pursuant to Section 252 of the Telecommunications Act of 1996; Granted T-15991 Advice Letter 18603, filed December 4, 1996 of Pacific Bell. Request for approval of an interconnection agreement between Time Warner AXS of California, L.P. and Pacific Bell pursuant to Section 252 of the Telecommunications Act of 1996; Granted TL-18779 Resolution approving issuance and transfer of highway carrier authority pursuant to Sections 1063.5 and 3553 of the Public Utilities Code and approving issuance and transfer of charter-party carrier of passenger certificates pursuant to Section 5374 of the Public Utilities Code; Adopted TL-18780 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 W-4020 Advice Letter 163, filed December 11, 1996 of Dominguez Water Corporation. Order authorizing an offset rate increase of $374,903 or 1.6% 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). 2/4/97 9:30 am NONE SCHEDULED 2/11/97 9:30 am NONE SCHEDULED 2/18/97 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 2/4/97 10:00 am ALJ Ryerson A96-08-039 (PHC)-Southern California Edison Company, for Comr Knight expedited and ex parte approval of proposed settlement and power purchase agreement restructuring, Commission Courtroom, San Francisco 2/5/97 9:30 am ALJ Mattson A90-09-043 (PHC-EH)-GTE Corporation, to merge into Contel Comr Duque Corporation and GTE becoming the parent company, and A95-12-006 (PHC-EH)-Contel of California, to restructure intrastate rates and charges, for a general rate increase of $45,324,000 per year, based on an overall rate of return on rate base of 12.05% for test year ending 12/31/97, and to implement a new regulatory framework for telephone service, and I96-03-021 (PHC-EH)-Commission Order Instituting Investigation into the rates, charges, service, and practices, and regulation of Contel of California, Inc., Commission Courtroom, San Francisco 2/6/97 9:00 am ALJ Bushey A96-02-004 (EH1)-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) 2/7/97 1:00 pm ALJ Careaga A96-10-036 (PHC)-Southern California Gas Company, for Comr Conlon authority to allow management discretion to close branch offices or modify branch office operations, Commission Courtroom, Los Angeles 2/10/97 9:00 am ALJ Minkin A96-08-001 (OA)-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 (OA)-San Diego Gas & Electric Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-007 (OA)-Southern California Edison Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-070 (OA)-Pacific Gas and Electric Company, to establish the competition transition charge, and A96-08-071 (OA)-Southern California Edison Company, to estimate transition costs and establish a transition cost balancing account, and A96-08-072 (OA)-San Diego Gas & Electric Company, to estimate transition costs and establish a transition cost balancing account (Phase 1), Commission Auditorium, San Francisco 2/10//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 February 11, 13, and 14, San Francisco) 2/10/97 10:00 am ALJ Garde A96-08-058 (EH)-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 2:00 pm ALJ Wetzell R94-04-031 (WS)-Commission Order Instituting Rulemaking on Comr Duque its proposed policies governing restructuring California's electric services industry and reforming regulation, and I94-04-032 (WS)-Commission Order Instituting Investigation on its proposed policies governing restructuring California's electric services industry and reforming regulation, Commission Courtroom, 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 9:00 am ALJ Bushey A95-08-020 (PHC)-City of San Rafael, to construct one grade Comr Conlon crossing of the Golden Gate Bridge, Highway and Transportation District, (formerly Northwest Pacific Railroad Company) main line (San Rafael- Willits) at Anderson Drive in the City of San Rafael, Commission Courtroom, San Francisco 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 2/14/97 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 2/14/97 10:00 am ALJ Ryerson C96-09-045 (EH)-Camille Tolson-Lafont vs. Pacific Gas Comr Duque and Electric Company, for refusal to open an account in complainant's name, and C96-09-046 (EH)-Laina Tolson vs. Pacific Gas and Electric Company, for improper 48-hour notice of termination of service, State Office Building, Room A-10, 31 East Channel Street, Stockon 2/14/97 10:00 am ALJ Reed R93-04-003 (PHC)-Commission Order Instituting Rulemaking on Comr 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 Order Instituting Investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks, Commission Courtroom, San Francisco 2/18/97 10:00 am ALJ Wright C97-01-025 (ECP)-Paul and Gabriele Schulz vs. Bear Valley Electric Service, for billing overcharges in the amount of $595.64, City Hall, Green Room, 39707 Big Bear Boulevard (Highway 18), Big Bear Lake 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 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 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 2/21/97 10:00 am ALJ Wright A96-06-018 (PHC)-City of Yorba Linda, for authority to Comr Conlon widen Route 90 (Imperial Highway) at A.T.& S.F., railroad crossing M.P. (Public Utilities Commission Crossing N. 2-12-38.4), Commission Courtroom, Los Angeles 2/21/97 11:00 am ALJ Wright A96-10-029 (PHC)-ARCO Pipe Line Company, for a general 8% Comr Conlon increase of the intrastate rates for transportation of crude oil, which will provide an estimated additional annual revenue of $2,856,000 in the 1996-97 period, Commission Courtroom, Los Angeles 2/25/97 9:00 am ALJ Pulsifer R95-04-043 (WS)-Rulemaking on the Commission's own motion Comr Conlon into competition for local exchange service, and I95-04-044 (WS)-Investigation on the Commission's own motion into competition for local exchange service, Training Room, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco 2/28/97 10:00 am ALJ Barnett C97-01-023 (ECP)-Jerry D. Young vs. Southern California Edison Company, for erroneous billing in the amount of 565.47, Commission Courtroom, Los Angeles 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) 3/4/97 10:00 am ALJ Wright C94-03-035 (PHC)-Teresa LeGault vs. Pacific Gas and Electric Comr Knight Company, for endangering safety of complainant by failing to record pipeline easements in county records, the local community service district, and property owner's trust deeds, Commission Courtroom, Los Angeles 3/4/97 11:00 am ALJ Wright C96-10-032 (EH)-Ruperto S. Juarez vs. Southern California Comr Duque Water Company, for improper and inconvenient water meter installation, Commission Courtroom, Los Angeles 3/7/97 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 3/14/97 9:00 am ALJ Malcom A96-04-038 (OA)-Pacific Telesis Group, to transfer and ALJ Econome SBC Communications Inc., to acquire control Comr Conlon of Pacific Bell, which will occur indirectly Comr Neeper as a result of Telesis' merger with a wholly owned subsidiary of SBC, SBC Communications (NV) Inc., Commission Auditorium, San Francisco 3/17/97 10:00 am ALJ Stalder A95-08-038 (PHC-EH)-San Jose Water Company, for authority to Comr Conlon increase rates by $3,867,000 or 4.16% in 1995, $4,348,000 or 4.43% in 1996, and $1,713,000 or 1.6% in 1997 in Los Gatos, Saratoga, Monte Sereno, Campbell, portions of San Jose, Cupertino and Santa Clara surrounding and adjacent to these municipalities, Commission Courtroom, San Francisco (also March 18-21, San Francisco) 3/17/97 10:00 am ALJ Patrick A94-12-005 (EH)-Pacific Gas and Electric Company, for Comr Neeper authority to decrease its rates and charges for electric and gas service and increase rates and charges for pipeline expansion service - Test Year 1996 General Rate Case (1997 Electric Rate Design Window Phase) Commission Courtroom, San Francisco (also March 18-21, San Francisco) 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 5/19/97 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, (Phase 2)Commission Courtroom, San Francisco (EH) May 20-23, 27-30, June 2-6, 9-13, and 16-20, San Francisco) 7/14/97 10:00 am ALJ Barnett A96-10-038 (EH)-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, Commission Courtroom, San Francisco (also July 15-18, 21-25, 28-31, and August 1, San Francisco) = MISCELLANEOUS TRANSPORTATION ITEMS 02/4/97 NONE NEW FILINGS 01/31/97 A97-01-045 Telecard Services International, Inc., for a certificate of public convenience and necessity to operate as a reseller of telephone services 01/31/97 A97-01-046 Rajen Chovatia, dba Air - Transit Shuttle, for a Certificate of Public Convenience and Necessity to operate as a "pre-arranged transportation" and "on-call" passenger stage corporation between points in Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Solano and Sonora Counties and vice versa to and from airports, door to door service (319 Pendleton Way, Oakland, CA 94621-2101. (510) 568-3434) 02/03/97 A96-11-018 Amended-Balwinder S. Patrola, dba Royal Shuttle, for a Certificate of Public Convenience and Necessity to operate as a passenger stage operation between points in Santa Clara, San Mateo, Alameda Counties and San Francisco International, San Jose International, and Oakland Airports; to exclude San Francisco International Airport and San Mateo County routes 02/03/97 A97-02-001 DeltaCom, Inc. dba DeltaCom Long Distance Services, for a certificate of public convenience and necessity to operate as a reseller of long distance telecommunications services PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 01/31/97 R94-04-031 Commission Order Instituting Rulemaking on its proposed policies governing restructuring California's electric services industry and reforming regulation; Respondents: PG&E; SoCal Edison; SoCal Gas; SDG&E; Sierra Pacific Power Co.; Pacific Power and Light Co., and I94-04-032 Commission Order Instituting Investigation on its proposed policies governing restructuring California's electric services industry and reforming regulation; Respondents: PG&E; SoCal Edison; SDG&E; SoCal Gas; Sierra Pacific Power Co.; Pacific Power and Light Co.; Petition for Modification of D96-12-088 by Pacific Gas and Electric Company DRAFT DECISIONS/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 Tuesday February 4, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) REGULAR COMMISSION MEETINGS February 5, February 19, March 12, 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 subscribe 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. If an agenda item is held over to a subsequent Commission meeting, that agenda item and any revisions to that agenda item that were available on the morning of the initial Commission meeting (as well as any further available revisions) will be mailed in the Escutia package for the subsequent Commission meeting; the item and its revisions will also be available for viewing and photocopying in the Commission's Central Files office and field offices as set forth above. Intervenors who have a 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. WORKSHOP NOTICE R.95-01-020/I.95-01-021 Universal Service Administrative Committee Formation 10 am - 12 am February 10, 1997 Training Room California Public Utilities Commission 505 Van Ness Avenue San Francisco This workshop will establish the criteria for selecting permanent members of California High Cost Fund Administrative Committee and the California Teleconnect Fund Administrative Committee pursuant to Decision 97-01-020. The workshops will also seek nominations for persons interested in serving on the Administrative Committees. Please contact Brian Roberts at (415) 703-2334 or M.J. Purcell at (415) 703-2438, if you plan to attend. If specialized accommodations for the disabled are needed, please call the Public Advisor at (415) 703-2032 by February 6, 1997. WORKSHOP NOTICE R.94-04-031, I94-04-032 Electric Restructuring 2 pm February 10, 1997 California Public Utilities Commission Commission Hearing Room 505 Van Ness Avenue San Francisco There will be a scoping workshop on Monday, February 10, 1997, at 2:00 p.m. in the Commission hearing room to address the filing of performance-based ratemaking applications (PBRs) for utility distribution services. The workshop will be reported. The workshop is open to the public and wheelchair accessible. Please contact Administrative Law Judge Mark Wetzell at (415) 703-1491 or Maryam Ebke at (415) 703-2575 for more information. 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. WORKSHOP NOTICE R.95-04-043/ I.95-04-044 WORKSHOP TO ADDRESS SOLUTIONS TO THE OSS CONSTRAINTS REGARDING IMPLEMENTATION OF AREA CODE RELIEF PLANS 9 am - 4 pm February 25, 1997 California Public Utilities Commission 505 Van Ness Avenue, Training Room San Francisco, California The workshop will be conducted by the Commission's Telecommunications Division staff. In compliance with Ordering Paragraph 2 of D.96-12-087, the workshop shall address solutions to overcome the Operational Support Systems (OSS) constraints limiting the ability to schedule permissive or mandatory dialing for multiple relief plans within the same month. Comments are solicited from parties regarding the topics and questions which need to be addressed during the workshop to be responsive to D.96-12-087. Comments shall be filed with the Commission and served on parties of record no later than February 11, 1997. Contact person is Risa Hernandez at (415) 703-5331; E-Mail rhh@cpuc.ca.gov. If a sign language interpreter or other specialized accommodations are needed, please contact the Public Advisor's Office at (415) 703-2074 or TDD (415) 703-2032 five working days in advance of the event. 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. 01/31/97 A96-03-060 Southern California Gas Company, for authority to change core procurement rates on a monthly basis. On January 28, 1997, Claudine Swartz, Regulatory Analyst for Southern California Gas Company (SoCalGas), sent a letter signed by Richard M. Morrow, Vice President of Commercial and Industrial Services for SoCalGas (attached to the notice), to Jean Vieth, advisor for Cmmr. Bilas in San Francisco. Morrow's letter urged the Commission to approve SoCalGas' fixed-price option and level plan extension proposals for core commercial/industrial and residential master-metered customers. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 02/03/97 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 January 29, 1997, Alan J. Gardner, Regulatory and Legal Affairs Vice President for the California Cable Television Association (CCTA), met with Cmmr. Bilas in San Francisco. Lester Wong, advisor for Cmmr. Bilas, and Spencer R. Kaitz, President and General Counsel for CCTA, were also present. Gardner stated that numbering issues continue to be important and that splits, not overlays, must continue to be the Commission's policy until permanent number portability is achieved, after which the issue can be reviewed. CCTA Contact: Frank Monti filed Tel: (510) 428-2225 02/03/97 A96-03-031 Southern California Gas Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding, for a total reduction in annual revenues of approximately $147.9 million (5.7%). On January 29, 1997, Keith R. McCrea, for the California Industrial Group and California Manufacturers Association (CIG/CMA), met with Robert Lane, advisor for Cmmr. Knight in San Francisco. McCrea stated that the use of replacement costs is inconsistent with the LRMC methodology and should not be viewed as a refinement regardless of its overall dollar impact. McCrea stated that the proposed decision increases the noncore burden by about $50 million. McCrea stated that the allocation of ITCS costs between core and noncore customers was an issue that had been decided long ago. CIG Contact: Dianne Raley filed Tel: (202) 383-0679 02/03/97 I87-11-033 Commission investigation into alternative regulatory frameworks for local telecommunications exchange carriers, and A85-01-034 Pacific Bell, general rate increase for telephone service in the amount of $1,362,000,000, intrastate, and A87-01-002 General Telephone Co. of California, general rate increase for telecommunications services of approximately $52,133 million, intrastate, and I85-03-078 Commission investigation into rates, etc., of Pacific Bell re: interconnection, and C86-11-028 Extension Connection Inc. vs Pacific Bell, et al, that defendants not be allowed to enclose information re: maintenance service contracts in utility bill envelopes and that use of "611" telephone number to obtain repairs is a violation of anti-trust laws, and I87-02-025 Commission investigation into rates, etc., of General Telephone Co of California & Pacific Bell, and C87-07-024 General Telephone Co of California vs Wang Communications Inc, for cease and desist order directing defendant to refrain from commencing service in City of Industry without Commission authority, etc., A95-12-043 Pacific Bell, for authority to increase and restructure certain rates of its Integrated Services Digital Network services, and 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 January 29, 1997, Alan J. Gardner, Regulatory and Legal Affairs Vice President for the California Cable Television Association (CCTA), met with Bob Lane, advisor for Cmmr. Knight in San Francisco. Spencer R. Kaitz, President and General Counsel of CCTA, was also present. Gardner stated that CCTA believes that the record is confusing and stale given the technological developments since the August hearing which clearly made ISDN a Category II service with competition in California. Gardner stated that proposed increases were contrary to the Commission's prior order with respect to Category II services and that the proposed order did not seem to recognize that additional costs would be created by curing some past problems with the service. Gardner stated that other providers have to carry the full cost of their service and that ISDN needed to be priced at least at the real cost floor. Gardner stated that any discount needed to be an avoided cost discount that was consistent with the OANAD case, any FCC rulings that were still in place, and the Federal Act. Gardner suggested the implementation of a service price that meets the cost floor reasonably construed and based on the record, with a directive that there be a true up in the OANAD case based on the ISDN elements involved there. CCTA Contact: Frank Monti filed Tel: (510) 428-2225 02/03/97 On January 30, 1997, Alan J. Gardner, Regulatory and Legal Affairs Vice President for the California Cable Television Association (CCTA), met with Tim Sullivan, advisor for Cmmr. Duque in San Francisco. Cynthia Walker, Regulatory Manager for CCTA, was also present. Gardner and Walker stated that CCTA believed that the record was confusing and stale given the technological developments since the August hearing which clearly made ISDN a Category II service with competition in California. Gardner stated that proposed increases were contrary to the Commission's prior order with respect to Category II services and that the proposed order did not seem to recognize that additional costs would be created by curing some past problems with the service. Gardner stated that other providers have to carry the full cost of their service and that ISDN needed to be priced at least at the real cost floor. Gardner stated that any discount needed to be an avoided cost discount that was consistent with the OANAD case, any FCC rulings that were still in place, and the Federal Act. Gardner suggested the implementation of a service price that meets the cost floor reasonably construed and based on the record, with a directive that there be a true up in the OANAD case based on the ISDN elements involved there. CCTA Contact: Frank Monti filed Tel: (510) 428-2225 02/03/97 On January 30, 1997, Alan J. Gardner, Regulatory and Legal Affairs Vice President for the California Cable Television Association (CCTA), met with Cmmr. Knight in San Francisco. Bob Lane and Dorothy Duda, advisors for Cmmr. Knight, and Cynthia Walker, Regulatory Manager for CCTA, were also present. Gardner and Walker stated that CCTA believes that the record is confusing and stale given the technological developments since the August hearing which clearly made ISDN a Category II service with competition in California. Gardner stated that proposed increases were contrary to the Commission's prior order with respect to Category II services and that the proposed order did not seem to recognize that additional costs would be created by curing some past problems with the service. Gardner stated that other providers have to carry the full cost of their service and that ISDN needed to be priced at least at the real cost floor. Gardner stated that any discount needed to be an avoided cost discount that was consistent with the OANAD case, any FCC rulings that were still in place, and the Federal Act. Gardner suggested the implementation of a service price that meets the cost floor reasonably construed and based on the record, with a directive that there be a true up in the OANAD case based on the ISDN elements involved there. CCTA Contact: Frank Monti filed Tel: (510) 428-2225 02/03/97 On January 30, 1997, Lynn Mowery, Regulatory Relations Director for Pacific Bell (PacBell), met with Cmmr. Bilas in San Francisco. Also present were: Lester Wong, advisor for Cmmr. Bilas; John Gueldner, Regulatory Vice President for PacBell; and Dick Odgers, Executive Vice President - General Counsel and External Affairs for PacBell. Gueldner stated that the IRD decision was intended to be revenue neutral. Gueldner stated that the adopted estimate of increased toll volumes had not occurred, resulting in a $214 million annual revenue shortfall. Gueldner urged adoption of the alternate decision so that PacBell would have the opportunity to present relevant data and facts. Gueldner stated that any rate increase caused by correcting the elasticity factor would be more than offset by price reductions that will occur with implementation of the universal service fund. Written materials were used and are attached to the notice. PacBell Contact: Gina Lau-Lee filed Tel: (415) 542-2633 02/03/97 A96-03-007 Pacific Bell Communications, for a certificate of public convenience and necessity to provide InterLATA and IntraLATA telecommunications services. AUGMENTATION REQUIRED. On January 30, 1997, Dan Jacobson, Director of Regulatory and External Affairs for Pacific Bell Communications (PBCOM), met with Cmmr. Neeper in San Francisco. Fassil Fenikile, advisor for Cmmr. Neeper, and Betsy Bernard, President of PBCOM, were also present. PacBell reviewed the overall status of its application. PacBell discussed the conditions that would allow for joint marketing to compete with interexchange carriers' bundled services and PBCOM to forego its request to provide local exchange service. PacBell Contact: Erin Servo filed Tel: (510) 468-5312 02/03/97 A96-04-038 Pacific Telesis Group, to transfer and SBC Communications Inc., to acquire control of Pacific Bell, which will occur indirectly as a result of Telesis' merger with a wholly owned subsidiary of SBC, SBC Communications (NV) Inc. On January 30, 1997, Dick Odgers Executive Vice President- General Counsel and External Affairs for Pacific Telesis Group (Telesis), sent a letter (attached to the notice) to John Scadding, advisor for Cmmr. Conlon in San Francisco. A copy of the letter was also sent to each party to the proceeding. Odgers letter provided specific cites to portions of the record demonstrating that California consumers will benefit from the Telesis-SBC merger, and an exhibit number of an Pacific AT&T document. Telesis Contact: Lila Tam filed Tel: (415) 542-3350 02/03/97 R94-04-031 Commission Order Instituting Rulemaking on its proposed policies governing restructuring California's electric services industry and reforming regulation; Respondents: PG&E; SoCal Edison; SoCal Gas; SDG&E; Sierra Pacific Power Co.; Pacific Power and Light Co., and I94-04-032 Commission Order Instituting Investigation on its proposed policies governing restructuring California's electric services industry and reforming regulation; Respondents: PG&E; SoCal Edison; SDG&E; SoCal Gas; Sierra Pacific Power Co.; Pacific Power and Light Co. On January 30, 1997, Jurgen Dominik, Senior vice President of Operations for The NutraSweet Kelco Company (NKC), met with Cmmr. Neeper in San Diego. Also Present were: Steve Post, Vice President - Manufacturing Services for NKC, Ron Densmore, Manager - Energy Regulation and Utilities Operations/San Diego Facilities of NKC; Steve Zapoticzny, Director of Safety and Environmental for NKC; Rebecca Peterson, Plant Manager - San Diego Site for NKC; and James Squeri, outside regulatory counsel for NKC. NKC representatives stated that the pending SDG&E BCAP application raised two important issues relating to the cost of natural gas service incurred by NKC in operating its plant in San Diego: 1) proposed expansion of SDG&E's experimental, real-time pricing tariff for natural gas to include NKC's cogeneration load; 2) establishment of transmission-level service for customers, like NKC, who take service directly from the utility transmission lines. NKC stated that that the record supports a positive resolution of these two issues, contrary to the recommendations set forth in the proposed decision. NKC Contact: Cindy Addad filed Tel: (415) 392-7900 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 I96-09-002 Weiss-Commission Investigation, Greenbelt Water Company, hearing set for February 4, removed from calendar C96-05-008 Stalder-Alan L. Ager vs. Pacific Gas and Electric and Electric Company, hearing set for February 4, removed from calendar