ADJOURNMENTS-RESETTINGS-SUBMISSIONS A96-02-030 Ryerson-Dana Point/Catalina Transit Co., et al., and related matter, Evidentiary Hearing held and no report given A96-04-013 Wright-Paul and Gabriele Schulz vs. Bear Valley Electric Service, Evidentiary Hearing held and no report given ADVICE LETTER FILINGS NONE D E C I S I O N S COMMISSION MEETING OF 2/19/97 2/19/97 D97-02-028 A96-08-025 - Americas Conex LLC (Applicant). For a certificate of public convenience and necessity to offer resold local and interexchange telecommunications services. Grants a certificate of public convenience and necessity to applicant, a nondominant interexchange carrier, to provide interLATA and intraLATA telecommunications services. This proceeding is closed. D97-02-029 C96-08-032 - Precision Die Cutting, Inc. (PDC) v Pacific Gas and Electric Company (PG&E). Complainant disputes responsibility for a utility bill for service from 8/23/97 to 1/4/95 in the amount of $2,527.84. Grants in part and denies in part. PDC did not occupy the same space and benefit from utility service during the disputed period. Therefore, PDC was not jointly and severally liable for the disputed charges. PDC should pay 10% of the charges for the disputed period. Of the amount deposited in the proceeding, $252.78 is disbursed to PG&E. The remainder of these funds is disbursed to PDC. This proceeding is closed. D97-02-030 (ECP)C96-10-007 - Adrienne Miller v Pacific Gas and Electric Company (PG&E). Miller alleges that PG&E has transferred erroneous charges of $1,849.18 to her account. Miller contends these charges were incurred by a previous tenant. Denies, due to insufficient evidence. This proceeding is closed. D97-02-031 A96-10-019 - Empire One Telecommunications, Inc. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Grants a certificate of public convenience and necessity to operate as a provider of interLATA and intraLATA telecommunications services. This proceeding is closed. D97-02-032 C96-08-028 - Richard L. Steiner v Palm Springs Mobilehome Properties, a California general partnership, dba Sahara Mobilehome Park (Mobilehome Properties), and Southern California Gas Company (SoCalGas). Complainant requests, among other things, that this Commission issue an order requiring Mobilehome Properties to cease and desist in the collection of rent pass- throughs intended to reimburse it for replacement of its submetered gas system in Sahara Park. Mobilehome Properties was granted a hardship rent increase for Sahara Park by the Rent Review Commission of the City of Palm Springs. The rent increase covers various items including the submetered gas system. Mobilehome Properties and SoCalGas argue that the complaint should be dismissed since complainant has not exhausted required judicial remedies pursuant to the Rent Commission decision. Dismissed. This proceeding is closed. D97-02-033 A96-07-030 - TI Transcommunications, Inc. For a certificate of public convenience and necessity to operate as a reseller of interLATA and intraLATA telecommunications services. Granted. This proceeding is closed. D97-02-034 A96-11-034 - Peter Stojka Co., dba Peter's Airport Shuttle. To establish a zone of rate freedom (ZORF) for its airport passenger fares between its authorized service areas in San Francisco and Alameda Counties, to and from the San Francisco (SFO) and Oakland (OAK) airports. Applicant is authorized to establish ZORF of $10 and $20 above and below its present fares between the City of San Francisco, on the one hand, and SFO and OAK, on the other. This proceeding is closed. D97-02-035 A96-08-011 - RKMS, Inc., Nationwide Limousine Service and A-Carriage Limousine of San Francisco. For authority to operate as a passenger stage corporation between points in the San Francisco, San Mateo, Santa Clara, Alameda, Marin and Contra Costa Counties and the San Francisco, Oakland, and San Jose International Airports, and between specified points in San Francisco and San Mateo Counties. Granted. This proceeding is closed. 2/19/97 D97-02-036 A96-11-044 - Pacific Airporter, Inc., dba Pacific Shuttle (Applicant). To establish a zone of rate freedom (ZORF) for passenger stage service between the counties of San Mateo, San Francisco, Santa Clara, Alameda, Contra Costa, and San Francisco (SFO), Oakland, and San Jose airports. Authorizes applicant to establish ZORF fares of $8 above and below its present fare between the City of San Francisco and SFO. This proceeding is closed. D97-02-037 A96-12-025 - Shahriar Cheshmehzangi, dba Royal Polo Transportation. For authority to add three additional pick ups from hotels in Orange County, on the one hand, and Knott's Berry Farm, Medieval Times Restaurant, and the Wax Museum, on the other hand, to the current authority (PSC-9834), and for interim authority to operate such a service forthwith. Authorizes applicant to extend his scheduled passenger stage routes 1 and 2 to include Knott's Berry Farm, Medieval Times Restaurant, and Movieland Wax Museum, located in the City of Buena Park. This proceeding is closed. D97-02-038 A96-09-025 - SpectraNet Orange - For a certificate of public convenience and necessity to offer local exchange, access, and interexchange services. Granted as set forth. This proceeding is closed. D97-02-039 A96-05-048 - SpectraNet Anaheim. For a certificate of public convenience and necessity to offer local exchange, access, and interexchange services. Modifies applicant's certificate of public convenience and necessity so that it may offer resale local exchange services. This proceeding is closed. D97-02-040 C96-06-042 - West San Martin Water Works, Inc. (WSMWW) v San Martin County Water District. In a complaint proceeding with encroachment antecedents going back to D91496 in 1981, this decision finds that on Memorial Day 1996, the recently organized San Martin Water District (District) without benefit of any due process, eminent domain or Commission authorization, entered upon and seized the public utility property and customers of a segment of WSMWW and has since illegally possessed, controlled, and operated this segment, retaining the revenues collected from West San Martin's customers. Exercising its equitable powers under PU Code {701, the Commission orders District to immediately return the seized facilities and customers, account for the revenues collected to date, and reimburse West San Martin over a six- month period for these illegally retained revenues. This proceeding is closed. D97-02-041 A96-09-048 - Pacific Gateway Exchange, Inc. For authority to provide intraLATA services. Granted. This proceeding is closed. D97-02-042 A96-11-014 - City of Mountain View. To construct a grade-separated overcrossing of the eastbound and westbound tracks of the Peninsula corridor Joint Powers Board at Milepost 36.45, PUC No. 105E-36.47AD for the Sevens Creek Trail in the City of Mountain View, Santa Clara County. Granted. This proceeding is closed. D97-02-043 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 - Denies Public Advocates' petition for modification of D96-06-029. D97-02-044 I96-09-032 - Order instituting investigation and order to show cause into whether the passenger stage certificate and charter party carrier permit of Arturo V. Luna, an individual doing business as Bay Area Shuttle (PSC/TCP 1420) should not be revoked; whether the charter-party carrier permits held by Adeleken M. Aregbe and Eniola Murphy, partnership doing business as Oak Tree City Transportation (TCP 8063) and Roderick Narvaez Santos, an individual (TCP 9004), should not be revoked. A96-07-025 - Related matter. Approves the settlement agreement between the parties. The authorities of Arturo Luna and Bay Area Shuttle will be revoked, and East Bay Airporter, operated by Antonio Luna and Jeffrey Rhodes will operate under probation and guarantee refunds due customers of Bay Area Shuttle. This investigation is closed. The application remains open for routine processing. D97-02-045 A96-11-022 - Reliable Stage Lines, Inc. Application for rehearing regarding a suspension, revocation, or denial of renewal of property or passenger carrier authority or registration at the request of California Highway Patrol. Dismissed as moot, since the operating authority of applicant has been reinstated. D97-02-046 A96-08-026 - Long Distance Services, Inc. For a certificate of public convenience and necessity to operate as a reseller of interLATA and intraLATA telecommunications services. Granted. This proceeding is closed. D97-02-047 A94-12-005 - Pacific Gas and Electric Company. For authority to decrease its rates and charges for electric and gas service and increase rates and charges for pipeline expansion service. I95-02-015 - Related matter. Interim Order - Awards The Utility Reform Network $54,533.38 for its contributions to D96-09-045 which resolved certain issues regarding electric distribution system service and safety. D97-02-048 A93-12-025 - Southern California Edison Company (Edison). For authority to increase its authorized level of base rate revenue under the electric revenue adjustment mechanism for service rendered beginning January 1, 1995 and to reflect this increase in rates. I94-02-002 - Related matter. Interim Order - Grants The Utility Reform Network, formerly Toward Utility Rate Normalization, an award of $71,254.71 in compensation for its contribution to D96-08-025, in Phase 2B of Edison's general rate case. D97-02-049 I87-11-033 - In the matter of alternative regulatory frameworks for local exchange carriers. A85-01-034, A87-01-002, I85-03-078, C86-11-028, I87-02-025, C87-07-024 - Related matters. Interim Order - Denies the petition for modification filed by Pacific Bell and GTE California, Inc. which alleges errors in elasticity rates adopted in D94-09-065 for toll and switched-access and requests rate increases in other services to compensate for revenue shortfall. Denial is based on adopted policies for New Regulatory Framework and revenue-neutral rate design and inappropriateness of reconsidering only limited portions of rate and revenue components adopted in D94-09-065. D97-02-050 A95-09-017 - Southern California Edison Company (Edison). For an order approving agreement for buyout of power purchase contract between Edison and Dixie Valley Power Partnership (Dixie Valley). Denies Edison's request for approval of a qualifying facilities buyout agreement between Edison and Dixie Valley and modifications to the original power purchase agreement. This proceeding is closed. D97-02-051 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 - Denies San Francisco Beautiful's (SFB) petition to modify D95-12-057; grants SFB leave to intervene. D97-02-052 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 - Grants, in part, Pacific Gas and Electric Company's (PG&E) petition to modify D96-12-025, filed on 1/22/97; modifies the authorized calculation methodology which PG&E may use to provide its customers as refund of the 1996 electric deferred refund account balance in order to allow customers to receive their refund in March 1997 without further delays; authorizes this change for 1997 refund only; modifies ordering paragraph 4 of D96-12-025, accordingly. D97-02-053 I88-11-040 - Investigation on the Commission's own motion into the regulation of cellular radiotelephone utilities. Interim Order - Denies Cellular Resellers Association, Inc.'s application for rehearing of D95-04-028; modifies D95-04-028 as set forth, to correct certain minor factual errors and supplement the findings of fact and conclusions of law concerning the likely impact of bundling on competitors; directs the ALJ to initiate a reevaluation of the D96-12-071's consumer protection conditions. D97-02-054 A91-05-050 - Southern California Edison Company (Edison). For: (1) authority to revise its energy cost adjustment billing factors, its major additions adjustments billing factors, its electric revenue adjustment billing factor, its low income surcharge, and base rate levels effective January 1, 1992; (2) authority to revise the incremental energy rate, the energy reliability index and avoided capacity cost pricing; and (3) review of reasonableness of Edison's operations during the period from April 1, 1990 through March 31, 1991. Interim Order - Denies application for rehearing of D96-10-069 filed by Southern California Edison Company regarding the Commission's conditioning approval of a settlement agreement between Edison and the Division of Ratepayer Advocates (now Office of Ratepayer Advocates) on the allocation of the settlement amount of $14 million through an electric deferred refund account. Deletes the following sentence, which appears in D96-10-069 at page 5: "Those issues may give rise to further disallowances." EXECUTIVE ORDERS SIGNED 2/20/97 D97-02-055 A96-12-058 - California-American Water Company. For an order authorizing increased rates of $29,840 (26.72%) in 1997, $54,579 (48.76%) in 1998, and $13,981 (7.10%) in 1999, for water service in Bishop Water Company service area. Dismissed without prejudice upon request of applicant. D97-02-056 A96-06-039 - NucomNet. For a certificate of public convenience and necessity to provide interexchange telecommunications services as a switchless reseller. Corrects the error in D96-09-079 as follows: on page 8, ordering paragraph 12, strike the corporate identification number U-5681-C and in its place insert corporate identification number U-5583-C. R E S O L U T I O N S 6/03/96 T-15922 Advice Letters 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 731, 732, 733, 734, 736, 737, 738, 739, 740, 741, 742, 744, 745 of Los Angeles SMSA L.P. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15923 Advice Letters 271, 272, 274, 275, 276, 277, 278 of Sacramento Cellular Telephone Co. Advice Letters 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 294 of Sacramento-Valley L.P. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15924 Advice Letters 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447,, 448, 449, 450, 451, 452, 453, 454, 456, 457, 458, 459, 460, 461, 462, 463 of GTE Mobilnet of CA. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15925 Advice Letters 320, 325, 326, 327, 328, 329, 331, 332, 334 of Air Touch Cellular. Advice Letters 37, 38 of California RSA, #2, Inc. Advice Letters 76, 77, 78, 79, 80 of California RSA #3, L.P. Advice Letters 142, 143, 144, 145, 146, 147 of California RSA #4, L.P. Advice Letters 30, 31, 32, 33, 34, 35 of GTE Mobilnet of S.D., Inc. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 2/19/97 E-3480 Advice Letter 1644-E, filed January 10, 1997 and Advice Letter 1644-E-A, filed January 22, 1997 of Pacific Gas and Electric Company (PG&E). Requests expedited approval of a refund plan for amounts in the PG&E electric deferred refund account, as ordered in D96-12-025. PG&E's Advice Letter 1644-E-A is approved; Granted, subject to modification; BART's protest of Advice Letter 1644-E-A is denied E-3481 All Energy Utilities. Order requiring energy utilities to revise income limits for the California Alternate Rates for Energy (CARE) program and for the low-income weatherization program; Adopted E-3482 Advice Letter 1204-E, filed December 13, 1996 of Southern California Edison Company (Edison). Edison has removed its agreement with Union Oil Company of California from the Optional Pricing Adjustment Clause. Edison's advice letter is rejected; Edison's Advice Letter 1204-E shall be rejected without prejudice; to the extent the Office of Ratepayer Advocates (ORA) recommends rejection of Edison's Advice Letter 1204-E, ORA's protest shall be granted; the merits of ORA's protest shall be determined in Edison's petition for modification of D95-06-055; the Energy Division shall return Advice Letter 1204-E to Edison stamped "Rejected" G-3200 Advice Letter 2529, filed October 10, 1996 and Advice Letter 2532, filed October 22, 1996 of Southern California Gas Company (SoCalGas). Requests approval to modify the terms and conditions applicable to transportation service by adding specific detailed procedures that are referred to as "undernominations". SoCalGas's request is granted on an interim basis until such time as the Commission reconsiders the reasonableness of the terms and conditions of these tariffs. SoCalGas also requests approval to revise the standby procurement charge, Option 2, to 250% (the current charge is 150%) of the applicable core subscription procurement charge, plus a brokerage fee, during the month the excess imbalance was incurred, and the buy- back rate, Option 2, to 25% (the current percentage is 50%) of the applicable core subscription procurement charge, plus a brokerage fee, during the month the excess imbalance was incurred. SoCalGas's request is granted on an interim basis until such time as the Commission reconsiders the reasonableness of the terms and conditions of these tariffs; SoCalGas requests are denied without prejudice; the protests discussed herein are granted G-3202 Advice Letter 2483, filed March 6, 1996 and Supplemental Advice Letter 2383-A, filed October 16, 1996.) of Southern California Gas Company (SoCalGas). Requests approval of two identical amendments referred to as Amendment No. 1 to each of two long term transmission service contracts entered into with Sithe Energies, Inc. and Willamette Industries, Inc. on April 28, 1992; Granted G-3204 Advice Letter 1998-G, filed on December 30, 1996 of Pacific Gas and Electric Company. Requests authorization to extend the interstate transition cost surcharge rate component reduction for certain noncore customers by $0.006 per therm. The prior reduction was previously approved by Resolution G-3192 (August 2, 1996); Granted TL-18784 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-18785 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-4028 Advice Letter 37, filed on November 1, 1996 of Kenwood Village Water Company. Request to borrow additional funds under the Safe Drinking Water Bond Act and to increase its surcharge to water rates to repay the loan; Granted W-4029 Advice Letter, filed January 2, 1997 of Lucerne Vista Water Company (LVWC). Order authorizing LVWC to be exempted from Commission jurisdiction; Adopted; tariffs are cancelled 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). 3/11/97 9:30 am NONE SCHEDULE 3/18/97 9:30 am NONE SCHEDULE 3/25/97 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 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 3/7/97 10:00 am ALJ Bushey C96-11-029 (PHC)-Nancy M. Horner and Vertec International, Comr Neeper Inc., dba Vitosha, Ltd., vs. GTE of California Incorporated, for faulty installation of telephone lines, failing to properly provide or maintain reliable and acceptable telephone services, inadequate customer assistance services, for improper past-due and late-payment charges, and failing to comply with all applicable Public Utilities Commission regulations, Council Chambers, 2000 Main Street, Huntington Beach 3/7/97 12:00 noon ALJ Bushey C96-08-002 (OA)-Wallace B. Roberts vs. Pacific Bell, for Comr Conlon revealing private residence address to interexchange carriers, Council Chambers, 2000 Main Street, Huntington Beach 3/11/97 10:00 am ALJ Kenney A97-02-002 (AH)-Los Angeles Cellular Telephone, for Comr Knight arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with GTE California, Inc., Commission Courtroom, San Francisco 3/11/97 10:00 am ALJ Gottstein R94-04-031 (WS)-Commission Order Instituting Rulemaking on Comr Knight its proposed policies governing restructuring Comr Neeper 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 (Public Purpose Programs), Commission Courtroom, San Francisco 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 3/12/97 9:30 am ALJ Mattson A97-02-003 (AH)-Cook Telecom, Inc., for arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell, Commission Courtroom, San Francisco (also March 13 and 14, 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 3/14/97 10:00 am ALJ Patrick C96-10-003 (EH)-Harold A. Curry vs. Southern California Gas Comr Knight Company, for failing to properly apply the Low- Income Program, causing damage to a roof, and incompetent inspection, Veterans Memorial Building, Assembly Room 209 Surf Street, Morro Bay 3/14/97 1:30 pm ALJ Galvin C95-08-063 (PHC)-Bruce Kennedy vs. GTE California and Comr Knight Pacific Bell for a realignment of GTEC and Pacific Bell service territory boundary on Hutchinson Road in Pelton, Commission Courtroom, 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 Carega A96-11-46 (EH)-Southern California Edison Company, for Comr Conlon authority to sell gas-fired electrical generation facilities, Commission Courtroom, San Francisco 3/18/97 1:30 pm ALJ Pulsifer R95-04-043 (FPH)-Rulemaking on the Commission's own motion Comr Conlon into competition for local exchange service, and I95-04-044 (FPH)-Investigation on the Commission's own motion into competition for local exchange service, Commission Auditorium, State Office Building, 505 Van Ness Avenue, San Francisco 3/18/97 10:00 am ALJ Ramsey C95-08-061 (PHC)-City of San Leandro vs. Southern Pacific Comr Neeper Lines, Inc., for failure to adequately maintain several of its at-grade crossings, Commission Courtroom, 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) 3/20/97 9:00 am ALJ Bushey I97-01-011 (PHC)-Commission Order Instituting Investigation Comr Neeper 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 and 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, Commission Courtroom, San Francisco 3/25/97 9:30 am ALJ Ramsey C96-12-057 (OA)-Jasmine Benjamin-Sohal vs. Pacific Bell, Comr Knight for wrongful use of "spotter" reports resulting in unlawful termination of employment, Commission Courtroom, San Francisco 3/25/97 10:00 am 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 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 April 8-11, 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 4/14/97 9:00 am ALJ Stalder I97-01-028 (EH)-Commission Order Instituting Investigation Comr Duque into the operations and practices of North Shuttle, Inc., dba Yellow Airport Express and its president and manager Martin Smith, an individual, Commission Courtroom, San Francisco (also April 15-18, 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) 5/28/97 7:00 pm ALJ Barnett A96-10-038 (PPH)-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 Enterpr5ises and Enova Corporation with and into B Mineral Energy Sub (Newco Pacific Sub) and G Mineral Energy Sub (Newco Enova Sub), the wholly owned subsidiaries of a newly created holding company, Mineral Energy Company, Council Chambers, 12th Floor, City Administration Building, 202 C Street, San Diego; (also May 29, 7:00 pm, Council Chambers, City Hall, 600 Eucalyptus Avenue, Vista; June 3, 7:00 pm, Council Chambers, City Hall, 77 Fair Drive, Costa Mesa; June 5, 7:00 pm, Council Chambers, City Hall, 3900 Main Street, Riverside; June 17, 7:00 pm, Council Chambers, City Hall, 320 West Newmark Avenue, Monterey Park; June 18, 7:00 pm, Hall of Administration, Lower Plaza Assembly Room, 800 S. Victoria Avenue, Ventura; June 19, 7:00 pm., Counsel Chambers, City Hall, 707 West Acequia Street, Visalia) 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 03/6/97 NONE NEW FILINGS NONE PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS/PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS 3/5/97 A96-03-045 Application of Mather Field Utilities, Inc., for a Certificate of Public Convenience and Necessity for its Gas Utility Distribution System at Mather Field, California; Proposed Decision of ALJ Walker 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 Thursday March 6, 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. COMMISSIONER OFFICE HOURS April 4, 1997 Commissioner Josiah L. Neeper 9:00 am - noon State Office Building 1350 Front Street, Room 4006 San Diego April 11, 1997 Commissioner Jessie J. Knight 9:00 am - noon Department of Parks & Recreation 2211 Garden Road Conference Room Monterey April 14, 1997 Commissioner Richard A. Bilas 1:00 pm - 4:00 pm Department of Parks and Recreation Green Acres 2014 Calloway Drive Bakersfield April 25, 1997 Commissioner Josiah L. Neeper 9:00 am - noon City Hall, Department of Public Works Conference Room B 300 North D Street San Bernardino April 28, 1997 Commissioner Jessie J. Knight 9:00 a.m. - 4:00 p.m. Park Place 1395 Civic Drive Walnut Creek April 29, 1997 Commissioner Josiah L. Neeper 9:00 - noon City Hall Council Chambers, Interview Room 201 No. Broadway Escondido June 18, 1997 Commissioner Josiah L. Neeper 9:00 am - noon State Office Building 107 S. Broadway, Room 5109 Los Angeles For further information or to make an appointment, please contact Sandra Graham at (213) 897-3544. PUBLIC HEARING 10:00 am - 5:00 pm March 11, 1997 California Public Utilities Commission 505 Van Ness Avenue, Main Auditorium San Francisco The electric industry restructuring Oversight Board (Board) will hold its first public hearing. Pursuant to the attached agenda, the Board shall select a Chair to preside over the Board's proceedings, adopt procedures, as necessary, to conduct the Board's business, take public comment on proposals for the composition and terms of service and appoint the members of the governing boards of the Independent System Operator (ISO) and Power Exchange (PX). Additional public hearings will be noticed as necessary to complete the Board's work as outlined in the attached agenda. The Board hereby directs affected parties and stakeholders to file by 5:00 p.m. on March 5, 1997 proposals for the composition and terms of service of the members of the governing boards of the ISO and PX. Parties may file additional comments on the items listed on the attached agenda. Parties wishing to appear before the Board are directed to file a Notice of Appearance with their name and the name(s) of the organization(s) or stakeholder(s) groups that they represent, mailing address, telephone number, and an indication of the nature of their appearance before the Board. All of these filings should be provided to Mr. John Scadding, President's Office, 505 Van Ness Avenue, San Francisco, CA 94102, e-mail at les@cpuc.ca.gov, or FAX at (415) 703-2532. Questions about how to participate in the public hearing should be directed to Mr. Scadding via e-mail, FAX, or telephone at (415) 703-1175. The Commission auditorium is wheelchair accessible. Any member of the public may attend this hearing. AGENDA FOR OVERSIGHT BOARD'S MARCH 11, 1997 PUBLIC HEARING 1. Election of a Chair 2. Adoption of meeting procedures 3. Adoption of procedures for and decision on hiring staff 4. Approval of the filing of Articles of Incorporation of the Independent System Operator (ISO) 5. Approval of the filing of Articles of Incorporation of the Power Exchange (PX) 6. Decision on composition of the Board of Governors of the ISO 7. Decision on composition of the Board of Governors of the PX 8. Decision on terms of service and selection procedure for members of the Board of Governors of the ISO 9. Decision on terms of service and selection procedure for members of the Board of Governors of the PX 10. Appointment of members of the Board of Governors of the ISO 11. Appointment of members of the Board of Governors of the PX 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. WORKSHOP NOTICE R94-04-031/I94-04-032 10:00 a.m. March 18, 1997 Commission Training room 505 Van Ness Avenue San Francisco As directed by the Commission in D.97-02-014, the Energy Division will hold a workshop on Tuesday, March 18, 1997 in the Commission Training Room to address implementation issues related to a gas surcharge mechanism that may apply to all public purpose areas and, ultimately, to all gas customers. In order to facilitate discussions in this workshop, the Energy Division has developed the following topics for consideration: 1. How can the Commission ensure that the costs of these programs are borne equitably by natural gas customers regardless of their natural gas provider? 2. Which class of customers should bear the costs of these programs? 3. What funding level should be established? 4. What further Legislative action is needed to implement these changes? Please serve a written response to these questions on all parties by March 14, 1997. An electronic copy on a 3 1/2 "floppy disk, created in either WordPerfect or Microsoft Word, should be submitted along with the written response to the Energy Division. Parties who wish to propose additional questions for discussion at the workshop should include their questions with their comments. The workshop is open to the public and the Training Room is wheelchair accessible. Please contact Patrick Hoglund at (415) 703-2043 (e-mail: phh@cpuc.ca.gov) for more information. ============================================================================= 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 A96-08-043eeting". 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. 02/25/97 A96-03-031 CORRECTION FROM THE DAILY CALENDAR OF 02/26/97. 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%). NO AUGMENTATION REQUIRED. On February 20, 1997, Charles Eddy, attorney for Ultramar Diamond Shamrock (Ultramar), met with Cmmr. Duque in San Francisco. Michelle Cooke, advisor for Cmmr. Duque, and approximately 40 other persons were also present. Eddy stated that Ultramar is a major non-core customer of Southern California Gas Company (SoCalGas),and that the company had not previously sought to participate in this proceeding. Eddy stated that the proposed decision shifts the allocation of transportation costs resulting in a significant increase in Ultramar's rates and produce an adverse competitive effect. Eddy stated that large customers need certainty in Commission policies affecting transportation rates in order to make their business decisions and that the proposed decision throws considerable uncertainly on these policies. Eddy stated that the CARE surcharge Ultramar is a tax which is inequitable to large customers Diamond and should be capped at a reasonable level. Shamrock Contact: Charles P. Eddy filed Tel: (213) 660-3191 03/01/97 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%). CORRECTION FROM THE DAILY CALENDAR OF 03/05/97 On February 27, 1997, Phyllis Huckabee, Director, State Regulatory Relations for Southern California Gas Company (SoCalGas), left a voice mail message for Cmmr. Bilas in San Francisco. Huckabee stated that SoCalGas had appealed the ALJ ruling rejecting the motion for leave to file comments on the proposed decision (PD) in excess of fifteen pages. Huckabee urged that Cmmr. Conlon accept the comments as filed, and requested expeditious action on the request. Huckabee stated that the PD reverses direction on many Commission policies, and an extended page limited is appropriate. Huckabee stated that the appendices should be accepted as filed given the need to correct numerous errors in the PD. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 03/01/97 CORRECTION FROM THE DAILY CALENDAR OF 03/05/97 On February 26, 1997, Phyllis Huckabee, Director, State Regulatory Relations for Southern California Gas Company (SoCalGas), left a voice mail message for Cmmr. Conlon at the J. W. Marriott Hotel in Washington D. C. Huckabee stated that SoCalGas had appealed the ALJ ruling rejecting the motion for leave to file comments on the proposed decision (PD) in excess of fifteen pages. Huckabee urged that Cmmr. Conlon accept the comments as filed, and requested expeditious action on the request. Huckabee stated that the PD reverses direction on many Commission policies, and an extended page limited is appropriate. Huckabee stated that the appendices should be accepted as filed given the need to correct numerous errors in the PD. A copy of the comments, ALJ ruling, and appeal, all previously filed with the Commission, were delivered to to Cmmr. Conlon's office. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 03/05/97 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 March 3, 1997, John L. Leslie, attorney for PLB Management, LLC (PLB), met with Cmmr. Neeper in San Francisco. David Gamson, advisor for Cmmr. Neeper, was also present. Leslie provided a one-page summary (attached to the notice, and a copy of PLB's initial comments on the proposed decision (PD). Leslie stated that PLB manages the Park Labrea apartment complex in Los Angeles. Leslie stated that Park Labrea is Southern California Gas Company's (SoCalGas) largest residential customer, with over 4,200 residential apartment units and 10,000 residents and annual usage of approximately 3 million therms. Leslie stated that Park Labrea pays a single customer charge of $5.00 per month. Leslie stated that due to Park Labrea's large consumption, and the fact the 55 percent of SoCalGas' customer-related costs being included in residential customers' volumetric charges, Park Labrea pays an excessive amount of SoCalGas' customer-related costs. Leslie stated that under the PD, only 45 percent of SoCalGas' $589 million in residential customer-related costs will be recovered through the residential customer charge, with the remaining 55 percent, $325 million, collected through the volumetric charge imposed upon all residential customers. Leslie stated that based upon the residential throughput volume that was adopted in the PD, all residential customers' volumetric charges will include $.122 per therm in customer-related costs. Leslie stated that under the PD, Park Labrea will be forced to bear $366,000 per year in customer-related costs. Leslie stated that the annual customer-related costs associated with service to Park Labrea has been calculated by SoCalGas to be approximately $7,600. Leslie stated that under the PD, Park Labrea will bear $358,000 in excessive customer- related costs. Leslie stated that PLB's proposal in the BCAP, if adopted, would eliminate the subsidy that large residential customers are forced to bear. Leslie urged the Commission to adopt the PLB proposal. Leslie urged the Commission to reject the PD's recommendation to "defer" the matter to SoCalGas' next BCAP. Leslie stated that the Commission had noted in SoCalGas' last BCAP decision that high-volume residential customers are subsidizing low-volume residential customers with respect to their customer-related costs. Leslie stated that the PD cited three reasons for recommending that PLB's proposal be deferred until SoCalGas' next BCAP. Leslie stated that two of the reasons do not apply to PLB's proposal at all, and the third reason is not a sufficient reason to delay a proposal that grants needed relief to a small group of customers. Leslie stated that the largest core residential customers are particularly prejudiced by the current rate design. Leslie stated that if adopted, PLB's proposal would apply to only 22 residential PLB customers on SoCalGas' system. Management Contact: Linda Vitale filed Tel: (619) 235-3536 03/05/97 On March 3, 1997, John L. Leslie, attorney for PLB Management, LLC (PLB), met with Cmmr. Bilas in San Francisco. Jean Vieth, advisor for Cmmr. Bilas, was also present. Leslie provided a one- page summary (attached to the notice, and a copy of PLB's initial comments on the proposed decision (PD). Leslie stated that PLB manages the Park Labrea apartment complex in Los Angeles. Leslie stated that Park Labrea is Southern California Gas Company's (SoCalGas) largest residential customer, with over 4,200 residential apartment units and 10,000 residents and annual usage of approximately 3 million therms. Leslie stated that under the PD, only 45 percent of SoCalGas' $589 million in residential customer- related costs will be recovered through the residential customer charge, with the remaining 55 percent, $325 million, collected through the volumetric charge imposed upon all residential customers. Leslie stated that based upon the residential throughput volume that was adopted in the PD, all residential customers' volumetric charges will include $.122 per therm in customer- related costs. Leslie stated that under the PD, Park Labrea will be forced to bear $366,000 per year in customer-related costs. Leslie stated that the annual customer-related costs associated with service to Park Labrea has been calculated by SoCalGas to be approximately $7,600. Leslie stated that under the PD, Park Labrea will bear $358,000 per year in excessive customer-related costs. Leslie stated that PLB's proposal in the BCAP, if adopted, would eliminate the subsidy that large residential customers are forced to bear. Leslie urged the Commission to adopt the PLB proposal. Leslie urged the Commission to reject the PD's recommendation to "defer" the matter to SoCalGas' next BCAP. Leslie stated that the Commission had noted in SoCalGas' last BCAP decision that high-volume residential customers are subsidizing low-volume residential customers with respect to their customer-related costs. Leslie stated that PLB selected 250,000 therms per year as the threshold for its proposal for a residential subclass because that annual volume represents the threshold for noncore eligibility. Leslie stated that if adopted, PLB's proposal would apply to only 22 residential PLB customers on SoCalGas' system. Management Contact: Linda Vitale filed Tel: (619) 235-3536 03/05/97 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 March 3, 1997, Daniel J. McCarthy, Senior Counsel for Pacific Telesis Group (PTG), met with Fassil Fenikile, advisor for Cmmr. Neeper, in San Francisco. Paul K. Mancini, Senior Attorney for SBC Communications (SBC), and Mary Vanderpan, Vice President Regulatory for Pacific Bell, were also present. A handout (attached to the notice) referencing the points made by McCarthy and Mancini was provided. McCarthy stated that the Commission has the authority, and sufficient evidence exists in the record to support a finding that market forces can flow through short and long-term economic benefits. McCarthy stated that Pacific has less than 50% of the intraLATA business market based on MOUs. McCarthy stated that if the Commission determines that competitive market forces won't ensure benefits to customers, there are clear errors in the quantification of benefits of $590M. McCarthy stated that the estimate of long term benefits should be no more than 5 years, rather than the 10 year period used by the proposed decision (PD). McCarthy stated that the PD incorrectly includes $118M for long distance and Category III services in its quantification of benefits. McCarthy stated that the PD's conclusion that long distance is not sufficiently competitive is baseless; that the Commission has already determined that the long distance market is competitive. McCarthy stated that the PD gives no credit for the Community Partnership agreement and says it won't "further the interests of state and local economies or communities," while ordering an additional $50 million for funding the Community Partnership. Mancini stated that the PD contains unnecessarily negative and unjustified language and proposed conditions. Mancini stated that the PD incorrectly assumes a 10% per year inflation factor to be applied to rebates; that an appropriate rate for inflation was 3%. Mancini stated that the PD erroneously claims that commitments made by SBC are neither measurable nor enforceable and that there is no basis to find that the merger will add new jobs to benefit the economy. Mancini stated that the Ordering Paragraphs should be modified. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 03/05/97 On March 3, 1997, Daniel J. McCarthy, Senior Counsel for Pacific Telesis Group (PTG), met with Lester Wong, advisor for Cmmr. Bilas, in San Francisco. Paul K. Mancini, Senior Attorney for SBC Communications (SBC), and Mary Vanderpan, Vice President Regulatory for Pacific Bell, were also present. A handout (attached to the notice) referencing the points made by McCarthy and Mancini was provided. McCarthy stated that the Commission has the authority, and sufficient evidence exists in the record to support a finding that market forces can flow through short and long-term economic benefits. McCarthy stated that Pacific has less than 50% of the intraLATA business market based on MOUs. McCarthy stated that if the Commission determines that competitive market forces won't ensure benefits to customers, there are clear errors in the quantification of benefits of $590M. McCarthy stated that the estimate of long term benefits should be no more than 5 years, rather than the 10 year period used by the proposed decision (PD). McCarthy stated that the PD incorrectly includes $118M for long distance and Category III services in its quantification of benefits. McCarthy stated that the PD's conclusion that long distance is not sufficiently competitive is baseless; that the Commission has already determined that the long distance market is competitive. McCarthy stated that the PD gives no credit for the Community Partnership agreement and says it won't "further the interests of state and local economies or communities," while ordering an additional $50 million for funding the Community Partnership. Mancini stated that the PD contains unnecessarily negative and unjustified language and proposed conditions. Mancini stated that the PD incorrectly assumes a 10% per year inflation factor to be applied to rebates; that an appropriate rate for inflation was 3%. Mancini stated that the PD erroneously claims that commitments made by SBC are neither measurable nor enforceable and that there is no basis to find that the merger will add new jobs to benefit the economy. Mancini stated that the Ordering Paragraphs should be modified. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 03/05/97 On March 3, 1997, Daniel J. McCarthy, Senior Counsel for Pacific Telesis Group (PTG), met with John Scadding, advisor for Cmmr. Conlon, in San Francisco. Paul K. Mancini, Senior Attorney for SBC Communications (SBC), and Mary Vanderpan, Vice President Regulatory for Pacific Bell, were also present. A handout (attached to the notice) referencing the points made by McCarthy and Mancini was provided. McCarthy stated that the Commission has the authority, and sufficient evidence exists in the record to support a finding that market forces can flow through short and long-term economic benefits. McCarthy stated that Pacific has less than 50% of the intraLATA business market based on MOUs. McCarthy stated that if the Commission determines that competitive market forces won't ensure benefits to customers, there are clear errors in the quantification of benefits of $590M. McCarthy stated that the estimate of long term benefits should be no more than 5 years, rather than the 10 year period used by the proposed decision (PD). McCarthy stated that the PD incorrectly includes $118M for long distance and Category III services in its quantification of benefits. McCarthy stated that the PD's conclusion that long distance is not sufficiently competitive is baseless; that the Commission has already determined that the long distance market is competitive. McCarthy stated that the PD gives no credit for the Community Partnership agreement and says it won't "further the interests of state and local economies or communities," while ordering an additional $50 million for funding the Community Partnership. Mancini stated that the PD contains unnecessarily negative and unjustified language and proposed conditions. Mancini stated that the PD incorrectly assumes a 10% per year inflation factor to be applied to rebates; that an appropriate rate for inflation was 3%. Mancini stated that the PD erroneously claims that commitments made by SBC are neither measurable nor enforceable and that there is no basis to find that the merger will add new jobs to benefit the economy. Mancini stated that the Ordering Paragraphs should be modified. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 03/05/97 On March 3, 1997, Daniel J. McCarthy, Senior Counsel for Pacific Telesis Group (PTG), met with Tim Sullivan, advisor for Cmmr. Duque, in San Francisco. Paul K. Mancini, Senior Attorney for SBC Communications (SBC), and Mary Vanderpan, Vice President Regulatory for Pacific Bell, were also present. A handout (attached to the notice) referencing the points made by McCarthy and Mancini was provided. McCarthy stated that the Commission has the authority, and sufficient evidence exists in the record to support a finding that market forces can flow through short and long-term economic benefits. McCarthy stated that Pacific has less than 50% of the intraLATA business market based on MOUs. McCarthy stated that if the Commission determines that competitive market forces won't ensure benefits to customers, there are clear errors in the quantification of benefits of $590M. McCarthy stated that the estimate of long term benefits should be no more than 5 years, rather than the 10 year period used by the proposed decision (PD). McCarthy stated that the PD incorrectly includes $118M for long distance and Category III services in its quantification of benefits. McCarthy stated that the PD's conclusion that long distance is not sufficiently competitive is baseless; that the Commission has already determined that the long distance market is competitive. McCarthy stated that the PD gives no credit for the Community Partnership agreement and says it won't "further the interests of state and local economies or communities," while ordering an additional $50 million for funding the Community Partnership. Mancini stated that the PD contains unnecessarily negative and unjustified language and proposed conditions. Mancini stated that the PD incorrectly assumes a 10% per year inflation factor to be applied to rebates; that an appropriate rate for inflation was 3%. Mancini stated that the PD erroneously claims that commitments made by SBC are neither measurable nor enforceable and that there is no basis to find that the merger will add new jobs to benefit the economy. Mancini stated that the Ordering Paragraphs should be modified. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 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