ADJOURNMENTS-RESETTINGS-SUBMISSIONS I94-06-012 Ryerson-Commission investigation re tree trimming practices and procedures, and related matter, Prehearing conference held and completed ADVICE LETTER FILINGS NONE D E C I S I O N S COMMISSION MEETING OF 2/05/97 2/05/97 D97-02-001 A96-10-012 - Pacific Gas and Electric Company (PG&E). For modification of Resolution E-3465 regarding Advice Letter 1592-E for calculation of refunds. Grants the petition of PG&E for modification of Resolution E-3465 to correct a refund formula that inadvertently could have provided greater refunds than warranted for certain residential and general service customers. This proceeding is closed. D97-02-002 A96-08-045 - Justice Technology Corp. For a certificate of public convenience and necessity to operate as a competitive local exchange resale carrier to the full extent allowed by the Commission in D95-07-054, subject to the terms and conditions set forth. Granted. This proceeding is closed. D97-02-003 A96-05-051 - D.D.D. Calling, Inc., a Texas corporation formerly known as Millennium Telecom, Inc. A96-06-015 - Related matters. For certificates of public convenience and necessity to provide interLATA and intraLATA telecommunications services. Both proceedings are dismissed. D97-02-004 A96-10-040 - City of Industry. For the construction of a proposed grade separation of Seventh Avenue under the existing Union Pacific Railroad Company crossing No. 3-16.4, D.O.T. 811-065H, in the City of Industry. Grants Seventh Avenue Underpass at separated grades under the tracks of the Union Pacific Railroad Company's main line in the City of Industry, Los Angeles County. Also grants authority to construct two temporary shoofly tracks, during construction of the underpass. This proceeding is closed. D97-02-005 A95-11-053 - City of Watsonville. To construct one grade crossing of the Southern Pacific Transportation Company Line, at Errington Road in said City of Watsonville, County of Santa Cruz. Granted. This proceeding is closed. D97-02-006 A96-09-004 - International Telemedia Associates, Inc. For a certificate of public convenience and necessity to provide interLata and intraLATA telecommunications services in California as a switchless reseller. Granted. This proceeding is closed. D97-02-007 A96-11-038 - Pacific Bell (PacBell). For issuance of debt securities and preferred stock and to guarantee the obligations of others for the benefit of Pacific Bell, the total aggregate principal amount of indebtedness and guarantees not to exceed $1 billion; to execute and deliver one or more indentures; to sell, lease, assign or otherwise dispose of or encumber utility property in connection with the issuance of securities; to extend the time period and the terms and conditions of D93-09-062 authorizing the issuance of up to $1.8 billion of debentures and notes; to enter into interest rate swaps and similar arrangements; and for an exemption from the Commission's competitive bidding rule. A93-07-022 - Related matter. Granted, as set forth. The authority granted shall become effective when PacBell pays $533,500, the fee set forth by Public Utilities Code section 1904. This proceeding is closed. D97-02-008 (ECP) C96-08-061 - Charles Jones v Pacific Gas and Electric Company. To settle a billing dispute in the amount of $2,850.61. Dismissed based upon the parties' oral agreement to settle all disputed issues and complainant's failure to so indicate in writing or request a hearing. D97-02-009 A90-12-018 - 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, 1992 and to reflect this increase in rates. I89-12-025, I91-02-079 - Related matters. Interim order - Denies applicant's motion to dismiss Phase 5 of its test year 1992 general rate case and to terminate a related memorandum account. D97-02-010 C96-08-020 - Committee to Retain Underground Electricity v Pacific Gas and Electric Company (PG&E). Complainant seeks to compel undergrounding of electric utilities in a subdivision where the lot owner desires to place overhead lines. Dismissed. Relief is barred by the doctrine of collateral estoppel as the issue was previously ruled upon by the Superior Court of Mendocino County. Secondly, even though Tariff Rule 15.1 sets undergrounding policy, all conditions of Rule 15 G.1.b are met, thus overheading is allowed. Risk of fire is not an exceptional circumstance under Rule 15 G.1.b.4. D97-02-011 A96-09-054 - Bell Atlantic Communications, Inc. For an order granting a certificate of public convenience and necessity to operate as a reseller of intraLATA and interLATA telephone services. Granted. This proceeding is closed. D97-02-012 A92-10-017 - San Diego Gas & Electric Company (SDG&E). To establish an experimental performance-based ratemaking (PBR) mechanism. The May 29, 1996 petition by SDG&E for modification of D93-06-092 is granted. The gas procurement PBR mechanism approved by that decision is continued in effect, with modification, until the Commission issues an order pursuant to an application for a permanent gas PBR mechanism which SDG&E will file on or before July 31, 1997. The adopted modification changes the Part B benchmark by replacing the use of a simple average of delivered price indices with a volume-weighted average. D97-02-013 A96-07-011 - Southern California Edison Company (Edison). For approval of a proposed buyout and termination of a 1985 power purchase agreement between Edison and Imperial Resource Recovery Associates, L.P. Edison asserts that the buyout will provide customer benefits of $23.7 million for the remaining term of the contract. Granted. This proceeding is closed. D97-02-014 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 - This decision addresses threshold issues regarding the administration of public purpose programs under a restructured electric utility industry; establishes a new administrative structure for energy efficiency and low-income assistance programs; establishes funding levels for energy efficiency, low-income assistance and research, development, and demonstration (RD&D) in light of Assembly Bill 1890; allocates RD&D funds to the California Energy Commission consistent with the statute; addresses collection of an aggregated level of funding, with respect to renewables; sets related workshops; directs interested parties to file with the Docket Office and serve nominations for the public representatives to the energy efficiency independent Board and the low-income program governing Board, within 30 days from the decision; directs the Energy Division to hold workshops and file a report by 4/1/97; directs PG&E, SDG&E, SCE and SoCal to file with the Docket Office and to serve information on 1996 authorized funding levels for gas demand-side management and for gas and electric low-income rate assistance programs, within 120 days from the date of the decision. D97-02-015 R84-12-028 - Rulemaking on the Commission's own motion for purposes of compiling the Commission's rules of procedure in accordance with Public Utilities Code Section 322 and for considering changes in the Commission's "Rules of Practice and Procedure". Interim order - Proposes rules on oral argument in applications for rehearing, as set forth in the Appendix; comments due 45 days after publication in the "California Administrative Notice Register". D97-02-016 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 - Approves the area code relief plans for geographic splits of the 213, 408, and 510 area codes as submitted by the California Code Administrator. D97-02-017 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 - Approves the area code relief plans for geographic splits of the 213, 408, and 510 area codes as submitted by the California Code Administrator. D97-02-018 C94-12-051 - Cassandra Ballestero, et al., v Pacific Gas and Electric Company. Denies application for rehearing of D96-10-018. The proceeding is closed. D97-02-019 R88-08-018 - Order instituting rulemaking into natural gas procurement and system reliability issues. R92-12-016, A90-06-030, A91-06-030, A92- 06-015, A92-11-017, A93-09-006, A93-10-034, I92-12-017, and I93-02-026 - Related matters. Interim order - Denies The Utility Reform Network's (TURN) application for rehearing of D96-08-024. Closes A9006030. D97-02-020 A91-11-036 - Pacific Gas and Electric Company. For authority, among other things, to change its rates and charges for electric service. Interim order - Denies the application for rehearing of D95-10-033, filed by The Utility Reform Network (TURN). TURN contends that the procedure adopted in the decision which permits contracts to be filed under seal violates Section 489(a) of the Public Utilities Code; that the decision has an anticompetitive effect; and that there has been a failure to apply a funding mechanism for revenue shortfalls to a certain contract. D97-02-021 R94-04-031 - Order instituting rulemaking on the Commission's proposed policies governing restructuring California's electric service industry and reforming regulation. I94-04-032 - Related matters. Interim order - Denies the applications for rehearing of D95-12-063 and D96-01-009 filed by Pacific Gas and Electric Co.; Southern California Edison Company; Toward Utility Rate Normalization; Agricultural Energy Consumers Association; Coalition of California Utility Employees; Energy Producers and Users Coalition; Joint Application of Agricultural Energy Consumers Association and California Manufacturers Association, California Industrial Users, Destec Power Services, Inc., Enron Capital & Trade Resources, Inc. Illinois Power Marketing, Inc., and Mock Resources, Inc. (Joint Applicants I); and Joint Application of Enron Capital & Trade Resources, Destec Power Services, Inc., Illinois Power Marketing, Inc., Mock Resources, Inc., and California Retailers Association (Joint Applicants II) relating to the Commission's policy decision on electric utility industry restructuring. EXECUTIVE ORDERS SIGNED 2/06/97 D97-02-022 C95-05-039 - Richard E. Benson v Arrowhead Water Company. Dismissed upon the written and unopposed request of the complainant. D97-02-023 C95-08-005 - Martin L. Adams v Arrowhead Manor Water Company. Dismissed upon the written and unopposed request of the complainant. D97-02-024 A96-07-019 - Orlindo Diaz and Deborah Jean Payne Diaz, dba O & D Trucking. For authority to operate as a highway carrier transporting general commodities. Dismissed upon the written and unopposed request of the complainant. 2/13/97 D97-02-025 A96-11-039 - Fast Connections, Inc. For a certificate of public convenience and necessity to offer resold local and interexchange telecommunications services. Dismissed without prejudice, upon request of applicant. 2/14/97 D97-02-026 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 - Corrects errors in D97-02-014 as follows: on page 75, delete the entire third paragraph "As discussed above, ... in Section 6.0."; beginning on page 78, fourth paragraph, delete second and third sentences "To this end ... in this proceeding."; on line 7 of page 79, insert "assistance and" after the word "low-income." D97-02-027 C94-12-047 - Communications Workers of America, AFL-CIO, Local 9400 v GTE California Incorporated. Dismissed upon request of complainant. R E S O L U T I O N S 5/31/96 T-15913 Advice Letters 631, 632, 633, 637, 641 of Los Angeles Cellular Telephone Co. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15916 Advice Letters 595, 598, 601, 604, 608, 610 of Los Angeles Cellular Telephone Co. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15917 Advice Letters 643, 645, 646, 647, 649 of Los Angeles Cellular Telephone Co. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15918 Advice Letters 601, 602, 604, 605, 606, 607, 609, 613, 614, 615, 616, 618, 619, 620, 621, 622, 623, 626, 627, 628, 629, 630, 633, 634, 635, 636, 637, 638, 639, 641, 642, 643, 644, 645 of Los Angeles Cellular SMSA L.P. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15919 Advice Letters 647, 648, 649, 650, 651, 652, 653, 654, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 681, 682, 683 of Los Angeles SMSA L.P. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15920 Advice Letters 646, 680, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 716, 717 of Los Angeles SMSA L.P. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 2/5/97 G-3197 Advice Letter 1859-G, filed by PG&E on June 29, 1994; Advice Letter 2345, filed by SoCalGas on August 18, 1994; and Advice Letter Supplement 2345-A, filed by SoCalGas on October 27, 1994 of Pacific Gas and Electric Company (PG&E) and Southern California Gas Company (SoCalGas). Request revisions to their service areas in Kern County; Southern California Gas Company request in Advice Letters 2345 and 2345-A to serve the McAllister Ranch development is granted; Pacific Gas and Electric Company's request in its AL 1859-G and its protest of Southern California Gas Company Advice Letter 2345 are denied SR-87 Authorizes the railroads in California to update costs of maintaining automatic grade-crossing warning devices for Calendar Year 1996; Adopted TL-18781 To adjust the rates in Maximum Rate Tariff 4, pursuant to Public Utilities Code Section 5191; Adopted TL-18782 Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374 of the Public Utilities Code and approving issuance and transfer of highway carrier authority pursuant to the Commission's contract with the Department of Motor Vehicles as permitted by Vehicle Code Section 34605(b); Adopted TL-18783 Resolution denying issuance of charter-party carrier authority, highway carrier authority, and household goods carrier authority for failure to satisfy statutory provisions of the Public Utilities Code and Commission General Orders; Adopted W-4021 Wendell Water Company. Order authorizing a rate surcharge for recovery of unanticipated repair expenses generating $783 additional annual revenue; Adopted W-4022 Advice Letter 502, filed December 9, 1996 of California-American Water Company, Village District. Order authorizing a rate base offset rate increase producing $20,042 or 0.13%; Adopted W-4023 Mountain Water Company. Order authorizing a general rate increase producing additional annual revenues of $53,963 or 35.09% in 1997; Adopted W-4024 Advice Letter 493, filed on November 6, 1996 of California-American Water Company, Los Angeles District. Order authorizing an offset rate increase producing additional annual revenues in 1997 of $31,463 or 0.89% in its Baldwin Hills Service Area; $50,645 or 1.2% in its Duarte Service Area; and $123,679 or 1.78% in its San Marino Service Area; Adopted W-4025 Advice Letter 495, filed November 6, 1996 of California-American Water Company, Los Angeles District. Order authorizing an offset rate increase producing additional annual revenues in 1997 of $167,522 or 3.93% in its Duarte Service Area and $228,941 or 3.24% in its San Marino Service Area: Adopted W-4026 Advice Letter 499, filed December 4, 1996 of California-American Water Company, Coronado District. Order authorizing an offset rate increase producing $119,632 or 1.25% additional annual revenue; Adopted W-4027 Advice Letter 497, filed November 14, 1996 of California-American Water Company, Los Angeles District. Order authorizing a rate base offset increase producing $51,226 or 0.34%; 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). 2/25/97 9:30 am NONE SCHEDULED 3/4/97 9:30 am NONE SCHEDULED 3/11/97 9:30 am NONE SCHEDULE ============================================================================= 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 2/25/97 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, California Public Utilities Commission, Room 5305, 505 Van Ness Avenue, San Francisco 2/27/97 9:30 am ALJ Garde A96-04-001 (EH)-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 (also February 28, San Francisco) 2/27/97 10:00 am ALJ Rosenthal C95-03-001 (PHC)-Tariff Research, Inc. vs. MTC Comr Conlon Telemanagement Corporation, seeking refund of billing charges that have not been authorized by tariff, and to prevent termination of service, Commission Courtroom, San Francisco 2/27/97 1:30 pm ALJ Walker A96-08-029 (PHC)-Southern California Edison Company, for Comr Knight expedited and ex parte consideration regarding settlement agreement between Southern California Edison Company and Vulcan/BN Geothermal Power Company, Del Ranch, L.P., Elmore, L.P., and Leathers, L.P., Commission Courtroom, San Francisco 2/28/97 10:00 am ALJ Barnett C97-01-023 (ECP)-Jerry D. Young vs. Southern California Comr Duque Edison Company, for erroneous billing in the amount of 565.47, Commission Courtroom, Los Angeles 2/28/97 11:00 AM ALJ Barnett C97-02-004 (ECP)-Jeffrey J. Carlson vs. Southern California Edison for overbilling resulting in improper charges in the amount of $1,409.20, 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 Careaga C96-02-014 (EH)-MCI Telecommunications 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 March 5, San Francisco) 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 3/5/97 10:00 am ALJ Wright C97-01-025 (ECP)-Paul and Gabriele Schulz vs. Bear Valley Comr Duque Electric Service, for billing overcharges in the amount of $595.64, City Hall, Green Room, 39707 Big Bear Boulevard (Highway 18), Big Bear Lake 3/5/97 1:00 pm ALJ Bushey C96-11-008 (PHC)-Caminiti Realty, Inc. vs. Pacific Bell, for failing to disconnect telephone services resulting in improper billing fees in the amount of $116.21, failing to publish a telephone number in the white pages telephone directory, and for improper charge fees for an unpublished telephone number, and unauthorized installation of telephone lines, resulting in improper billing fees, Commission Courtroom, San Francisco 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 3/11/97 10:00 am ALJ Pulsifer R95-04-043 (PHC)-Rulemaking on the Commission's own motion ALJ McKenzie into competition for local exchange service, and Comr Conlon I95-04-044 (PHC)-Investigation on the Commission's own motion into competition for local exchange service, and R93-04-003 (PHC)-Commission Order Instituting Rulemaking on the 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 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 9:00 am ALJ Patrick A94-12-005 (EH)-Pacific Gas and Electric Company, for Comr Conlon 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) 3/18/97 1:30 pm ALJ Weissman A96-12-009 (PHC)-Pacific Gas and Electric Company, to Comr Duque identify and separate components of electric 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 assigned Commission Duque, D.96-10-074, and AB 1890, Commission Courtroom, San Francisco; (EH), 10 am, March 24 (also March 25-27, and March 31; April 1-4, April 7-11, and April 14, 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 4/3/97 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 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 4/23/97 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 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) 6/11/97 10:00 am ALJ Weil A90-12-018 PHC)-Southern California Edison Company, general Comr Conlon rate increase for electric service for 1992 in the amount of $440 million, and I89-12-025 (PHC)-Commission Investigation into the operations, rates and expenses associated with Palo Verde Units 1 and 2, and I91-02-079 (PHC)-Commission Investigation into the rates, charges, and practices of Southern California Edison Company (Phase 5), Commission Courtroom, San Francisco 7/14/97 9:00 am ALJ Mattson A90-09-043 (EH)-GTE Corporation, to merge into Contel Comr Duque Corporation and GTE becoming the parent company, and A95-12-006 (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 (EH)-Commission Order Instituting Investigation into the rates, charges, service, and practices, and regulation of Contel of California, Inc., Commission Courtroom, San Francisco (also July 15-18, 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 02/21/97 Filings with Safety and Enforcement 02/21/97 TCP-10916-B Evie Juanita Caudillo, Mario Velasquez Aquino, Antonio Gonzales Orosco, dba Royal Prine Tours, 7529 Salizar Street, San Diego, CA 92111, Tel. No. (619) 278-8023, application for new TCP Class B Certificate NEW FILINGS 02/13/97 A96-02-024 Pacific Gas and Electric Company and Berkeley Land Company, for an order authorizing Pacific Gas and Electric Company to sell and convey to Berkeley Land Company a certain parcel of land in Alameda County pursuant to Public Utilities Code Section 851 02/14/97 C97-02-025 Union Safe Deposit Bank vs. Modesto and Empire Traction Company, a corporation, formerly known as Modesto Interurban Railway, a corporation, for an unauthorized removal of the existing rail crossing and cutting off all access to complainant's property from Yosemite Avenue in Modesto 02/18/97 A97-02-026 The City of Bakersfield, for an order authorizing construction of a crossing at separated grades between Q Street and the tracks of the Burlington Northern and Sante Fe Railway, sometimes referred to as the "Q Street Underpass." (City of Bakersfield, Attention: Raul Rojas, Director of Public Works, 1501 Truxtun Avenue, Bakersfield, CA 93303. (805) 326-3724.) 02/18/97 C97-02-027 Pacific Bell vs. MCI Telecommunications Corporation, for failure to remit the pay station service charge (PSSC) to Pacific Bell for intraLATA non-sent-paid calls originating on Pacific Bell payphones; and for engaging in unfair competition by providing intraLATA service to its customers without imposing PSSC 02/18/97 A96-10-006 Amendment-Americom Communications, L.L.C., for a certificate of public convenience and necessity to operate as a reseller of interLATA and intraLATA telecommunications services (supplies bankruptcy statement and a balance sheet) 02/20/97 A97-02-023 The County of Los Angeles, for the construction of the grade separation of Nogales Street under the Union Pacific Railroad Company's main line crossing No. 3-22.4 in the City of Industry, County of Los Angeles (Harry W. Stone, Director of Public Works, P.O. Box 1460, Alhambra, CA 91802-1460. (818) 458-5100) 02/21/97 C97-02-028 Harold Curry vs. Southern California Gas Company, for increasing gas charges; change of gas meter without advance notice; and negligent gas meter installation resulting in property damages PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 02/14/97 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; Application for Rehearing of I97-01-011 by Inter Continental Telephone Corporation 02/21/97 C95-01-038 Strawberry Property Owners' Association vs. Conlin-Strawberry Water Company, Inc., for failure to provide reliable and adequate supply of pure, wholesome, healthful and potable water; in violation of Commission Resolution W-3827 and Health and Safety Code Section 4017(c); Petition for Modification of D96-09-043 by Strawberry Property Owners' Association 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 25, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) REGULAR COMMISSION MEETINGS March 7, 1997, (10:00 am) (NEW DATE) March 18, 1997, (9:00 am) (NEW DATE) March 31, 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 NOTICE OF WORKSHOP TO CONSIDER STANDARDS OF REVIEW FOR UTILITY CAPITAL ADDITIONS TO GENERATING ASSETS THAT TAKE PLACE AFTER DECEMBER 20 1995 10 am February 24, 1997 and 9 am February 25 and 26, 1997 California Public Utilities Commission 505 Van Ness Avenue Training Room San Francisco, California A workshop will be held to discuss standards of review for utility capital additions to generating assets that take place after December 20, 1995. The Commission training room is wheelchair accessible. Any member of the public may attend this workshop. Questions can be directed to Wade McCartney of the Energy Division via e-mail at wsm@cpuc.ca.gov, FAX at (415) 703-2200 or telephone at (415) 703-2167. 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, Room 5305* 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. * Please note that the room location for the workshop has been changed. Also, for a copy of the workshop agenda, please call Risa Hernandez as noted above and leave your FAX number or E-mail address. PUBLIC MEETING 10:00 am - 4:00 pm February 25, 1997 Oakland Marriot City Center 1001 Broadway, AJ Toppers Room (Top Floor) Oakland The Administrative Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Shelley Bergum at (510) 874- 1410 VOICE or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. PUBLIC MEETING 2:00 pm - 4:00 pm March 3, 1997 Offices of Graham & James LLP Third Floor Reception Area 1 Maritime Plaza (Clay Street at Front Street) San Francisco The California High Cost Fund (CHCF-A) Trust Administrative Committee will hold its second meeting of 1997. The contact person is Jean Boettger at (415) 542-1949. 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. 02/14/97 A96-09-039 Sprint Communications Company, LP, for Arbitration of Interconnection Rates, Terms, Conditions and Related arrangements with GTE California Inc. THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED ON 2/5/97 AND APPEARED IN THE CALENDAR OF 2/7/97. On February 3, 1997, Richard Purkey, Director, State Regulatory/West for Sprint Communications Company L.P. (Sprint), sent a letter (attached to the notice) to Jose Jimenez, advisor to Cmmr. Conlon. Sprint's letter was sent in regard to the status of negotiations with GTE California Incorporated (GTE) to resolve outstanding issues in its negotiations to achieve an arbitrated interconnection agreement. Purkey reported that GTE had refused to consider continuing negotiations based on language contained in the AT&T-GTE agreement with Sprint under 47 U.S.C. 252(i) of the Telecommunications Act. Sprint Contact: Kathy McMahon filed Tel: (415) 513-2717 02/24/97 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%), A96-04-030 San Diego Gas & Electric Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding for an approximately $42 million decrease over presently authorized revenues. On February 20, 1997, Joseph Karp, Counsel for the California Cogeneration Council (CCC) and Watson Cogeneration Company (Watson), met with Dorothy Duda, advisor to Cmmr. Knight, in San Francisco. Karp stated, referring to the proposed decision, that CCC and Watson support the conclusion that collateral discounting must be maintained under Public Utilities Code section 454.4, but that CCC and Watson are concerned about the proposed method for implementing collateral discounting in the future. In particular, Karp argued that it may not be practical to require Southern California Gas Company (SoCalGas) to enter into contracts with cogenerators that match contracts offered to utility electric generators (UEGs). Karp stated that CCC and Watson prefer to maintain the status quo under Resolution G-3062. Karp further stated that cogenerators should not be required to disclose the terms of negotiated contracts, as UEGs have no valid regulatory purpose in obtaining such information. Karp also stated that, while electric industry restructuring may, in the future, require a reexamination of UEG/cogeneration rate parity, it is premature to change UEG/cogeneration rate parity principles at this time, and the Legislature is the appropriate body to make any change. CCC, Watson Contact: Mary McCombs filed Tel: (415) 268-7607 02/24/97 On February 20, 1997, Joseph Karp, Counsel for the California Cogeneration Council (CCC) and Watson Cogeneration Company (Watson), attended a meeting with Cmmr. Duque in San Francisco. Also present were: Michelle Cooke, advisor to Cmmr. Duque; Jean Vieth, advisor to Cmmr. Bilas; Dorothy Duda, advisor to Cmmr. Knight, and other parties listed on the attachment A to the notice. Karp stated that CCC and Watson are concerned about the impact of the proposed decision on electric generators in the upcoming market. In particular, Karp argued that the large rate increase for utility electric generators and cogenerators will make it more difficult for electric generators to compete with out-of-state suppliers and that competitive transition cost will be increased as potential bidders for Edison plants will place lower value on such plants. Karp stated that CCC and Watson support Southern California Gas Company's position on the replacement cost adder and interstate transition cost surcharge allocation issues. Karp further stated that CCC and Watson do not agree with SCUPP/IID's position on "collateral discounting". CCC, Watson Contact: Mary McCombs filed Tel: (415) 268-7607 02/24/97 On February 20, 1997, Joseph Karp, Counsel for the California Cogeneration Council (CCC) and Watson Cogeneration Company (Watson), met with Cmmr. Conlon in San Francisco. Also present were: James Hendry, advisor to Cmmr. Conlon; Thomas Beach, consultant to the CCC and Watson; and John Edwards of Sithe Energies Inc. A handout (attached to the notice) was used. Karp indicated, referring to the proposed decision, that CCC and Watson support the conclusion that collateral discounting must be maintained under Public Utilities Code section 454.4, but that CCC and Watson are concerned about the proposed method for implementing collateral discounting in the future. In particular, Karp argued that it may not be practical to require Southern California Gas Company (SoCalGas) to enter into contracts with cogenerators that match contracts offered to utility electric generators. Karp stated that CCC and Watson prefer to maintain the status quo under Resolution G-3062. Beach stated that CCC and Watson support SoCalGas' and California Manufacturers Association's positions on the replacement cost adder and ITCS issues in the biannual cost adjustment proceeding. Beach further stated that the Office of Ratepayer Advocates' position on the replacement cost adder is inconsistent with marginal cost pricing methodology, and the Commission should not reverse its prior decisions on ITCS allocation. Edwards stated that these issues would negatively impact electricity generators and that the proposed decision's pricing is not consistent CCC, Watson, with current market pricing. Sithe Contact: Mary McCombs filed Tel: (415) 268-7607 02/24/97 On February 20, 1997, Patrick Powers, attorney for the City of Long Beach (Long Beach), met with Cmmr. Conlon in San Francisco. Also present was James Hendry, advisor to Cmmr. Conlon. Power argued, referring to the removal of the wholesale core cap and the allocation of interstate transition cost surcharge costs, that the removal should be on a prospective basis only. Power further argued that Southern California Gas Company should be directed to eliminate its minimum bids for brokered interstate pipeline capacity. Power also expressed Long Beach's concerns regarding the use of long-run marginal cost methodology to set wholesale rates. Long Beach Contact: Patrick J. Power filed Tel: (510) 446-7742 02/24/97 On February 20, 1997, Patrick Powers, attorney for the City of Long Beach (Long Beach), attended a multi-party meeting with Cmmr. Duque in San Francisco. Also present were: Michelle Cook, advisor to Cmmr. Duque; Jean Veith, advisor to Cmmr. Bilas; Dorothy Duda, advisor to Cmmr. Knight; and other parties listed in the notice. Power argued, referring to the removal of the wholesale core cap and the allocation of interstate transition cost surcharge costs, that the removal should be on a prospective basis only. Power further argued that Southern California Gas Company should be directed to eliminate its minimum bids for brokered interstate pipeline capacity. Long Beach Contact: Patrick J. Power filed Tel: (510) 446-7742 02/24/97 On February 20, 1997, Patrick Powers, attorney for the City of Long Beach (Long Beach), met with Cmmr. Neeper in San Francisco. Also present was David Gamson, advisor to Cmmr. Neeper; and Christopher Garner, Manager of Business Operations and Gas Supply for the Long Beach Gas Department. Power argued, referring to the removal of the wholesale core cap and the allocation of interstate transition cost surcharge costs, that the removal should be on a prospective basis only. Power further argued that Southern California Gas Company should be directed to eliminate its minimum bids for brokered interstate pipeline capacity. Power also expressed Long Beach's concerns regarding the use of the long-run marginal cost methodology to set wholesale rates. Long Beach Contact: Patrick J. Power filed Tel: (510) 446-7742 02/24/97 C96-03-039 MCI Telecommunications Corporation vs. Pacific Bell, for discriminatory and anticompetitive actions regarding code exhaust relief planning for the 916 numbering plan area, and C96-03-040 MCI Telecommunications Corporation vs. Pacific Bell, for discriminatory and anticompetitive actions regarding code exhaust relief planning for the 415 numbering plan area. On February 24, 1997, Wendy Gerig, Executive Director of the Roseville Chamber of Commerce (Chamber), sent a letter (attached to the notice) to Cmmr. Neeper. A copy of the letter was also furnished to ALJ Kenney. In the letter, Gerig stated that the Chamber supports the 916 area code boundary proposal submitted by Roseville Telephone Company (Roseville). Gerig stated further that Roseville's proposal maintains seven digit dialing to all nearby communities and that the proposal also ensures that the Chamber's members will not incur the financial burden associated with changing letterhead and other business supplies because of a new area code. Roseville Contact: Sean P. Beatty filed Tel: (415) 433-1900 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