ADJOURNMENTS-RESETTINGS-SUBMISSIONS CORRECTION TO THE DAILY CALENDAR OF 4/4/97 C97-03-046 Weiss-Insulation Contractors Association vs. Pacific Gas and Electric Company, Evidentiary Hearing held and submitted A96-12-009 Weissman-Pacific Gas and Electric Company, electric unbundling, and related matters, Evidentiary Hearing held and continued to 9 am, April 8, San Francisco A94-12-005 Patrick-Pacific Gas and Electric Company, rates and charges, Evidentiary Hearing held and continued to 9 am, April 8, San Francisco A94-12-005 Patrick-Pacific Gas and Electric Company, Prehearing Conference held and completed ADVICE LETTER FILINGS NONE D E C I S I O N S COMMISSION MEETING OF 3/18/97 3/18/97 D97-03-028 A95-09-005 - California Water Service Company (Cal Water). For an order authorizing it to increase rates charged for water service in the Stockton district. A95-09-006, A95-09-007, A95- 09-008, A95-09-009 - Related matters. Approves a memorandum of understanding and a stipulation (attached as Appendix A) entered into between Cal Water and the Commission's Water Division, dealing with procedures by which Cal Water will notify the Commission of service area extensions; adopts ratepayer credits and slightly reduced rates for the utility's Visalia district and Bakersfield district. These proceedings are closed. D97-03-029 A96-09-034 - HLC-Internet Incorporated. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Grants applicant a certificate of public convenience and necessity to resell interLATA and intraLATA telecommunications services. This proceeding is closed. D97-03-030 C96-07-047 (ECP) - Thomas W. Peckham v San Diego Gas & Electric Company. For improper billing in the amount of $2,692.80. Complainant operates a trailer park with 25 submeters. He seeks reparations because defendant has computed his master meter discount on the basis of 14 submeters. Granted: the complainant has 25 submeters and is entitled to the discount on 25 submeters; San Diego Gas and Electric Company shall pay Thomas W. Peckham $2,692 as reparations. This proceeding is closed. D97-03-031 A96-05-027 - Microwave Services, Inc. For a certificate of public convenience and necessity to provide facilities-based interLATA and intraLATA non-switched private line telecommunications services. A96-05-028 - Related matter. Consolidates A96-05-027 and A96- 05-028; dismisses the petitions to modify D96-08- 010 and D96-08-011. These proceedings are closed. D97-03-032 A97-01-049 - County of Kern (County). For an order authorizing construction of a crossing at separated grades between Calloway Drive and the tracks of the Burlington Northern and Santa Fe Railway (BNSF), sometimes referred to as the "Calloway Drive Underpass" PUC No. 2-892.6B. Grants request of the County to construct Calloway Drive underpass at separated grades under the tracks of BNSF Company's Fresno- Bakersfield main line near Bakersfield in Kern County. This proceeding is closed. D97-03-033 A96-11-002 - US WATS, INC., a New York Corporation. For a certificate of public convenience and necessity to provide intraLATA telecommunications services. Granted. This proceeding is closed. D97-03-034 A96-11-028 - CIMCO Communications, 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 provide switchless interLATA and intraLATA telecommunications services. This proceeding is closed. D97-03-035 A96-08-031 - Southern California Edison Company (Edison). For order approving the settlement agreement between Edison and the Procter & Gamble Paper Products Company. Approves the written settlement agreement; authorizes related relief. This proceeding is closed. D97-03-036 A96-10-039 - UniDial, Inc. For a certificate of public convenience and necessity to resell local exchange service. Grants a certificate of public convenience and necessity to resell local exchange service as a competitive local carrier. This proceeding is closed. D97-03-037 A96-10-016 - Royal Telecom International Incorporated. For a certificate of public convenience and necessity to provide resold intraLATA and interLATA telecommunications services. Granted. This proceeding is closed. D97-03-038 A96-12-061 - Wholesale Airtime, Inc., a Delaware Corporation. For a certificate of convenience and necessity to provide interLATA and intraLATA telecommunications services on a switchless resale basis. Granted. This proceeding is closed. D97-03-039 A96-12-013 - World Link Communication, Inc. dba WCI Communications. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services. Grants a certificate of public convenience and necessity to nondominant interexchange reseller carrier. This proceeding is closed. D97-03-040 C96-07-008 (ECP) - Barry M. Harman vs Pacific Bell. For improper billing and charging, for improper disconnection of service. Denied. The amount of $2,012.18 deposited by complainant at the Commission shall be disbursed to Pacific Bell. This proceeding is closed. D97-03-041 A96-02-051 - Sasscom, Inc. For a certificate of public convenience and necessity to provide competitive local exchange, intraLATA local and toll, and interLATA toll telecommunications services. Grants a certificate of public convenience and necessity to operate as a reseller of competitive local exchange services and as a reseller of intraLATA, intrastate and interLATA, intrastate telecommunications services. This proceeding is closed. D97-03-042 A96-02-052 - Pacific Bell (Pacific). In compliance with Ordering Paragraph 5 of D94-06- 011, concerning whether the market-based rate of return should be modified. Pacific's market- based rate of return shall not be modified at this time. However, it shall be addressed, along with its benchmark rate of return, in its next triennial new regulatory framework filing. This proceeding is closed. D97-03-043 C92-10-034 - John J. Wheeling, dba Services Systems v Southern California Edison Company. To enforce G.O. 156 goals for procurement from WMBE contractors. Grants Edison's motion to dismiss complaint for failure to state a claim upon which the relief sought may be granted; dismisses the complaint, with prejudice. This proceeding is closed. D97-03-044 A97-02-007 - County of Kern (County). For an order authorizing construction of a crossing at separated grades between Seventh Standard Road and the tracks of the Southern Pacific Transportation Company (SPTC) sometimes referred to as the "Seventh Standard Road Overhead." Grants request of the County to construct Seventh Standard Road overhead at separated grades over the tracks of Union Pacific Railroad Company's Fresno-Bakersfield main line, formerly owned by SPTC, near Bakersfield in Kern County. This proceeding is closed. D97-03-045 A97-02-026 - City of Bakersfield (City). For an order authorizing construction of a crossing at separated grades between Q Street and the tracks of the Burlington Northern and Santa Fe Railway (BNSF), sometimes referred to as the "Q Street Underpass". Grants request of the City to construct Q Street underpass at separated grades under the tracks of the BNSF's Fresno-Bakersfield main line in Bakersfield, Kern County, as set forth. This proceeding is closed. D97-03-046 A96-09-041 - Santa Clara County Traffic Authority (SCCTA). To widen Mountain View overhead in Santa Clara County on State route 85 from Dana Street to US route 101. Authorizes SCCTA, on behalf of Caltrans to widen Mountain View overhead (SR 85) across Peninsula Corridor Joint Powers Board tracks in Mountain View, Santa Clara County. This proceeding is closed. D97-03-047 A94-04-013 - Sacramento Regional Transit District (SRTD). For an order authorizing District to construct, modify, maintain and operate a light rail passenger system and Southern Pacific Transportation Company tracks across Butterfield Way, Bradshaw Road, Horn Road, Routier Road, and Mather Field Road in the County of Sacramento. Granted, as set forth. This proceeding is closed. D97-03-048 A96-09-039 - Sprint Communications Company L. P. (Sprint) for arbitration of interconnection rates, terms, conditions, and related arrangements with GTE California, Inc (GTEC). Grants Sprint's motion to elect to take the AT&T/GTEC interconnection agreement; directs the parties to file and execute a copy of the agreement within 10 days from the date of this order; denies GTEC's motion to approve an agreement incorporating the Arbitrator's report; remands the proceeding to the ALJ Division for further proceedings. D97-03-049 C96-03-039 - MCI Telecommunications Corporation v Pacific Bell. For discriminatory and anticompetitive actions regarding code exhaust relief planning for the 916 numbering plan area. C96-03-040 - Related matter. Interim order - Grants the following two requests contained in Pacific Bell's (Pacific) petition to modify D96- 08-042: (1) to move the City of Dixon from the 530 Numbering Plan Area (NPA) to the 707 NPA, and (2) to delay by one day the geographic split of the 415 NPA. The remainder of Pacific's petition to modify D96-08-042 will be addressed in a future decision; requires telephone corporations to submit to the Commission's Public Advisor (PA) a plan to notify and educate telephone customers about the changes to D96-08-042 ordered by this decision. D97-03-050 A93-12-025 - Southern California Edison Company. For authority to increase its authorized level of base rate revenue under the Electric Revenue Adjustment Mechanism for service rendered beginning January 1, 1995 and to reflect this increase in rates. I94-02-002 - Related matter. Interim Order - Concludes that the provisions of AB 1890 preclude implementation of the AB 2589 experimental rate design for Climatic Zone 15. D97-03-051 C91-09-038 - George M. Sawaya v Pacific Bell. Denies application for rehearing of D96-01-027. This proceeding is closed. D97-03-052 I97-01-011 - Investigation the Commission's own motion into the operations, practices, and conduct of Inter Continental Telephone Corporation, to determine whether the company has complied with the laws, rules, regulations and applicable tariff provisions governing the manner in which California consumers are switched from one long distance carrier to another, and other requirements for long distance carriers. Denies application for rehearing of I97-01-011, filed by respondent ICT, alleging that the Order instituting investigation is unlawful in violation of PU Code { 1705 because it fails to include separately stated findings of fact and conclusions of law and because it is based on insufficient evidence or evidence not disclosed to respondent. D97-03-053 I96-02-043 - Investigation on the Commission's own motion into the operations, practices, and conduct of Communication TeleSystems International (CTS) and Edward Soren, President of CTS, to determine whether they have complied with the laws, rules, regulations and applicable tariff provisions governing the manner in which California consumers are switched from one long- distance carrier to another, and other requirements for long distance carriers. Denies applications for rehearing D96-05-050, filed by California Association of Long Distance Carriers and CTS. D97-03-054 R84-12-028 - Rulemaking into the commission's own motion for purposes of compiling the Commission's rules of procedure in accordance with Public Utilities Code section 322 and considering changes in the Commission's Rules of Practice and Procedure. A97-02-011 - Related matter. Denies application for rehearing filed by Southern California Edison Company of Resolution ALJ-170, which established experimental rules and procedures to gain experience, where practicable, with management of Commission proceedings under the requirements of Senate Bill 960. D97-03-055 C96-05-038 - The City of Vernon (City) vs the Southern California Gas Company. Denies the City's application for rehearing of D97-01-009, in which the Commission denied Vernon's request to require Southern California Gas Company to place a gas line at depths in excess of state and federal standards. Vernon alleges that the Commission must conclude the line placement as ordered is safe. D97-03-056 A93-12-025 - Southern California Edison Company. For authority to increase its authorized level of base rate revenue under the electric revenue adjustment mechanism for service rendered beginning January 1, 1995 and to reflect this increase in rates. I94-02-002 - Related matter. Denies request for rehearing of D96-08-023 filed by Toward Utility Rate Normalization. D97-03-057 C95-11-005 - Systems Analysis & Integration, Inc., dba Systems Integrated vs Southern California Edison Company. Denies application for rehearing of D96-12-023, filed by System Analysis & Integration, Inc., in which the Commission denied applicant's complaint. D97-03-058 A95-12-048 - San Diego Gas and Electric Company. For rehearing of Executive Director Resolution E- 3433 requiring San Diego Gas and Electric Company to file an application for a permit-to-construct the proposed batiquitos 138 kV underground transmission line. Denies applications of David Puzo, and the California Alliance for Utility Safety and Education for rehearing of D96-04-094, since no legal error has been demonstrated. EXECUTIVE ORDERS SIGNED 03/21/97 D97-03-059 C96-11-040 (ECP) - Edris R. Aubry, Jr. v Nationwide Cellular Service, Inc. For improper cellular telephone service disconnection fees in the amount of $25.00. Dismissed upon written request of all parties. D97-03-060 A96-011-002 - J. Francisco Hernandez, an individual, dba America's Shuttle. To transfer his passenger stage corporation certificate to Genaro Elizondo and J. Francisco Hernandez as a partnerhsip in accordance to section 851 through 854 of the Public Utilities Code. Dismissed upon written and unopposed request. D97-03-061 A94-12-005 - Pacific Gas and Electric Company. For authority, among other things, to decrease its rates and charges for electric and gas service, and increase rates and charges for pipeline expansion service. I95-02-015 - Related matter. Corrects typographical errors in ordering paragraphs 2, 3, 4, 5, and 6 of D97-02- 047 to require the state's electric utilities to calculate The Utility Reform Network's intervenor compensation with interest to accrue beginning January 19, 1997. D97-03-062 A97-01-008 - AirTouch Cellular and its affiliates. For arbitration pursuant to section 252(b) of the Telecommunications Act of 1996 of the rates, terms and conditions of interconnection with Pacific Bell. Dismissed, upon written request of applicant, with agreement of the incumbent local exchange carrier. D97-03-063 I96-04-024 - Investigation on the Commission's own motion into the operations of Heartline Communications, Inc. and whether the entity, by itself or through practices including arrangements with certificated long distance carriers, conducted intrastate utility operations without holding a certificate from this Commission, and whether it switched any customers to its service without their permission. Dismisses respondents' application for rehearing of an order instituting I96-04-024 upon written and unopposed request of Total National Telecommunications, Inc./Heartline Communications. D97-03-064 I97-03-025 - Investigation on the Commission's own motion into rating area consistency and routing practices between incumbent local exchange carriers (LECs) and certified competitive local carriers in instances where expanded local service has been afforded. Directs the Executive Director to cause a copy of I97-03-025 to be immediately served upon all incumbent LECs and all appearances and the state service list in C96-10-018; deletes the reference to service of a "certified" copy in ordering paragraph 4 of I97-03-025; the date of mailing of I97-03-025 is March 21, 1997, rather than March 20, 1997. I97-03-025 - Order instituting investigation on the Commission's own motion into rating area consistency and routing practices between incumbent local exchange carriers (LECs) and certified competitive local carriers (CLCs) in instances where expanded local service has been afforded. C96-10-018 - Related matter. Institutes investigation into rating area consistency and routing practices between incumbent LECs and certified CLCs in instances where expanded local service has been afforded for the purpose of determining whether such practices promote local competition in a manner that creates an unreasonable burden on small LECs or is unreasonable or lawful in any other respect; consolidates C96-10-018 into this investigation. I97-03-026 - Order instituting investigation and order to show cause into whether the charter- party permit (TCP 7348P) of Jaime L. Atilano, an individual, doing business as Tri Star Limousine, should not be revoked. Institutes investigation on the Commission's own motion into the operations and practices of Jaime L. Atilano, doing business as Tri Star Limousine, to determine whether the respondent: a. violated Public Utilities Code sections 421, 5387, 5415 and 5387.5 by failing to remit the $3,000 fine and to comply with D95-08-018; b. violated GO 157, parts 3.04 and 5.03, by engaging the services of unlicensed charter-party carriers; and c. violated GO 157, parts 1.06 and 5.02, by failing to enroll drivers in the Department of Motor Vehicles Pull Notice Program. This investigation is also instituted for the purpose of allowing the respondent to show cause why his charter-party permit should not be revoked. R E S O L U T I O N S 6/25/96 T-15930 Advice Letters 476 thru 499 of GTE Mobilnet of California. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 6/27/96 T-15941 Advice Letters 651, 657, and 659 of Los Angeles Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15942 Advice Letters 663 and 681 of Los Angeles Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15943 Advice Letters 665, 669, and 671 of Los Angeles Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15944 Advice Letters 677, 680, and 689 of Los Angeles Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 3/18/97 ALJ-171 Presents draft of proposed final rules to implement SB 960. Describes how experimental rules authorized by Resolution ALJ-170 were revised for this draft. Authorizes ALJ Division to forward draft to Office of Administrative Law for publication in California Regulatory Notice Register; Approved. CSD-001 Resolution authorizing designated employee in the Consumer Services Division to exercise the powers of peace officers within the scope of the employee's duties as specified by Penal Code Section 830.11 and PU Code Section 308.5 and appointing the employee as a person who may perform specific duties described by PU Code Section 308; Adopted. E-3468 Advice Letter 1126-E of Southern California Edison Company. Requests to modify its Rule 11, Discontinuance and Restoration of Service, Section G, Noncompliance, and the corresponding relevant parts of its interruptible rate schedules; Granted. E-3483 Advice Letter 991-E of San Diego Gas & Electric Company. Requests approval to close 21 time-of- use tariff schedules to new customers; Granted as modified; The protest of Utility Consumers' Action Network is denied. E-3484 Advice Letter 1197-E of Southern California Edison Company. Requests authorization to modify its research, development and demonstration royalties memorandum account to include a technology commercialization incentive procedure; Granted. G-3205 Advice Letter 1987-G of Pacific Gas and Electric Company (PG&E). Requests approval of revisions to gas rates to true-up annual balancing accounts and to revise the cost of gas for 1997; Granted as modified; The protests of Enron and Enserch are granted. G-3206 Advice Letter 105-G of Southern California Edison Company (Edison). Requests revision of its tariffs to reflect an increase in the Santa Catalina Island gas cost adjustment billing factors (GCABFs). The revised GCABFs are calculated in accordance with the procedures set forth in the preliminary statement, Part F, Santa Catalina Island gas cost adjustment clause, of Edison's tariffs as authorized in D82-04-010; Granted. O-0012 Advice Letter 20 of Chevron Pipe Line Company. Requests approval to remove from service a portion of its Western San Joaquin System. CAL PUC No. 19 would be canceled and replaced by CAL PUC No. 26; Granted. T-15992 Advice Letter 18573 and supplemental Advice Letter 18573A of Pacific Bell (Pacific). Request to include primary rate interface integrated services digital network service in its Education First Program is rejected in part and authorized in part under our Universal Service guidelines. Pacific must file tariffs for recurring rates for this service which are discounted by 50% off Pacific's business service rates. Pacific is required to supplement its advice letter with tariffs showing these discounted rates. Pacific's request to include non-recurring charges and usage rates in its program are authorized as requested; Granted with condition; The protest of Davis Wright Tremaine, LLP on behalf of Teleport Communications Group, ICG Telecom Group, Inc., California Cable Television Association, MCI Telecommunications Corporation and TCI Telephoney Services of California, Inc., is rejected. T-16012 Advice Letter 18625 of Pacific Bell (Pacific). To approve Pacific's request to discontinue a billing edit function for customer owned pay telephone non-sent paid intrastate calls billed by Pacific; Granted; The protest of California Payphone Association is denied. T-16013 Advice Letter 18645 of Pacific Bell (Pacific). Request for approval of an interconnection agreement between CMT Partners on behalf of Bay Area Cellular Telephone Company, Salinas Cellular Telephone Company, Napa Cellular Telephone Company and Cagal Cellular Communications Corporation and Pacific pursuant to Section 252 of the Telecommunications Act of 1996. Resolution approves a cellular interconnection agreement between CMT Partners and Pacific. It provides for explicit compensation for transport and termination of local calls (not bill and keep). Pacific pays a lower rate than CMT. The agreement is a) not discriminatory to a third party, b) is not inconsistent with public interest, c) meets Commission's requirements and standards. Market Structures makes no determination as to whether the transport and termination rates meet the pricing standards of 252(d) of the Act. Approval of voluntary agreements does not require such a finding; Granted. TL-18788 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. SR-88 Apportioning railroad crossing protection maintenance costs between the railroads and the cities and counties; Adopted. W-4034 Wolfback Water Company, Inc. Order reimposing a one-time surcharge producing $8,150 for the recovery of an unanticipated expense memorandum account balance; 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). 4/8/97 9:30 am NONE SCHEDULED 4/15/97 9:30 am NONE SCHEDULED 4/22/97 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 4/8/97 9:00 am ALJ Weissman A96-12-009 (EH)-Pacific Gas and Electric Company, to Comr Duque identify and separate components of electric rates effective January 1, 1998, and A96-12-011 (EH)-San Diego Gas & Electric Company, for authority to unbundle rates and products, and A96-12-019 (EH)-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; (also April 9-11, and April 14-18, San Francisco) 4/8/97 9:00 am ALJ Patrick A94-12-005 (PHC-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) (PHC) 10 am, April 7, on remaining Phase 2 issues, Commission Courtroom, San Francisco (also (EH) April 9-11, San Francisco) 4/10/97 10:00 am ALJ Mattson C93-06-007 (PHC)-Lorraine Brown, Christopher Gray vs. Santa Comr Conlon Clara County Transportation Agency, Santa Clara County Transit District, for failure to comply with Section 2-3324 of the State of California Building Code in failing to install 18-inch bands of clearly contrasting texture at the edge of the boarding so a blind person can detect the different platforms, and failure to comply with ANSI A117.1, Commission Courtroom, San Francisco 4/11/97 10:00 am ALJ Malcolm A94-12-006 EH)-Southern California Gas Company, for rates Comr Conlon recovery of costs related to the Northridge Earthquake in the amount of $22.345 million through the Catastrophic Event Memorandum Account, Commission Courtroom, San Francisco 4/14/97 9:00 am ALJ Stalder I97-01-028 (PHC-EH)-Commission Order Instituting Comr Duque Investigation 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 (PHC) 9:00 am (EH) immediately following ((EH) also April 15-18, San Francisco) 4/14/97 9:00 am ALJ Bushey C94-08-044 (PHC)-Robert Bixler vs. Alco Water Service and Comr Duque Alisal Water Corporation for breach of contract by failing to reconnect broken water line and water supply, Monterey Public Library, The Community Center Room, 625 Pacific Street, Monterey 4/14/97 11:00 am ALJ Barnett C97-03-003 (ECP)-James Moore vs. GTE California Incorporated Comr Bilas and AT&T Communications of California, Inc., for improper billing in the amount of $3,685.00, Riverside Municipal Museum, 3580 Mission Inn Avenue, Riverside 4/14/97 11:15 am ALJ Barnett C97-03-022 (ECP)-Thomas F. Winfield, III, vs. Southern California Gas Company, for improper charges in the amount of $204.24, Riverside Municipal Museum, 3580 Mission Inn Avenue, Riverside 4/15/16 10:00 am ALJ Malcolm A97-03-001 (AH)-ACN Communications for arbitration pursuant Comr Knight to Section252(b) of the Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell, Commission Courtroom, San Francisco (also April 16, San Francisco) 4/16/97 10:00 am ALJ Bennett C97-03-027 (ECP)-Melba J. Tyson vs. Pacific Gas and Electgric Company, for violations of service tariff resulting in improper billing in the amount of $1,726.55 and wrongful termination of services, Commission Courtroom, San Francisco 4/17/97 9:30 am ALJ Econome A97-03-002 (PHC)-Pacific Gas and Electric Company, for Comr Bilas authority to revise its gas rates and tariffs to be effective 1/1/98, pursuant to D.89-01-040, D.90-09-089, D.91-05-029, D.93-12-058, D.94-07- 024, and D.95-12-053, Commission Courtroom, San Francisco 4/17/97 10:00 am ALJ Patrick A96-05-045 (PHC)-Southern California Edison Company, for Comr Conlon authority to freeze rates at their current levels by deferring a $1.7 million rate decrease, plus interest, to 1998; for a finding that 1/1/97 balances in the energy cost adjustment clause (ECAC) and the electric revenue adjustment mechanism (ERAM) accounts are reasonable; for authority to set aside overcollection in the ECAC and ERAM accounts as of 12/31/96 to reduce the level of competition transition cost; for authority to revise its incremental energy rate, the energy reliability index, and avoided capacity cost pricing; and for a review of the reasonableness of Edison's operations during the period from April 1, 1995 through March 31, 1996, Commission Courtroom, San Francisco 4/18/97 9:30 am ALJ Hale R97-01-009 (PHC)-Commission Order Instituting Rulemaking on Comr Knight the Commission's own motion to evaluate the intervenor compensation program, and to modify the existing program or develop new rules to promote participation of all categories of consumers and their representatives in Commission proceedings to better insure that the consumer interests are more effectively represented and compensated, and I97-01-010 (PHC)-Commission Order Instituting Investigation on the Commission's own motion to evaluate the intervenor compensation program, and to modify the existing program or develop new rules to promote participation of all categories of consumers and their representatives in Commission proceedings to better insure that the consumer interests are more effectively represented and compensated, Commission Courtroom, San Francisco 4/21/97 10:00 am ALJ Ryerson I94-06-012 (EH)-Commission Order Instituting Investigation Comr Conlon and Order to Show Cause to determine if San Diego Gas & Electric Company should be held in violation of G.O. 95 and fined for its failure to comply with PU Codes 701, 2107, 2108, and 2112, by failing to exercise reasonable tree-trimming practices and procedures, Commission Courtroom, San Francisco (also April 22-25, San Francisco) 4/22/97 9:00 am ALJ Stalder C96-12-052 (EH)-Richard D. Corson, Juanita A. Corson, and Comr Duque Richard DeWorken vs. Pacific Bell Telephone Company, for unlawful wiretaps and failure to provide private telephone service, City Hall Council Chambers, 212 S. Vanderhurst Avenue, King City 4/23/97 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 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 4/23/97 10:00 am ALJ Walker A96-08-029 (EH)-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 (also April 24 and 25, San Francisco) 4/24/97 2:30 pm ALJ Walwyn A97-03-004 (PHC)-Pacific Bell, for approval of rate Comr Duque reductions to offset the explicit subsidy support ordered in D.96-10-066, Commission Courtroom, San Francisco 4/25/97 11:00 am ALJ Wright A96-03-051 (PHC)-Pacific Gas and Electric Company, for Comr Duque authorization to sell the Placer County Canal System to Placer County Water Agency, Commission Courtroom, San Francisco 4/25/97 2:00 pm ALJ Bushey R94-02-003 (OA)-Commission Order Instituting Rulemaking to Comr Knight establish a simplified registration process for non-dominant telecommunications firms, and I94-02-004 (OA)-Commission Order Instituting Investigation to establish a simplified registration process for non-dominant telecommunications firms (Oral Argument before Assigned Commissioner), Commission Courtroom, San Francisco (also 9 am, June 20, Oral Argument before a Quorum of the Commission) 4/30/97 10:00 am ALJ Ramsey A96-09-039 (PHC)-Sprint Communications Company, L.P., Comr Conlon for arbitration of interconnection rates, terms, conditions, and related arrangements with GTE California Incorporated, Commission Courtroom, San Francisco 4/30/97 10:00 am ALJ Gottstein I97-03-025 (PHC)-Commission Order Instituting Investigation Comr Neeper on the Commission's own motion into rating area consistency and routing practices between incumbent local exchange carriers and certified competitive local carriers in instances where expanded local service has been afforded, and C96-10-018 (PHC)-Pac-West Telecom, Inc., vs. Evans Telespace Company and The Volcano Telephone Company, for refusal to properly transmit and route dialed calls, Commission Courtroom, San Francisco 5/6/97 10:00 am ALJ Stalder A96-03-005 (EH)-Isam Alziq, dba E-Z Shuttle & Charter Comr Conlon Service, to transfer, and of Econ-Ride Enterprises, Inc., to acquire, a Cetificate of Public Convenience and Necessity to operate as a passenger stage between points in Ventura, Los Angeles, and Orange Counties, on the one hand, and Los Angeles International Airport, John Wayne Airport, Ontario Airport, Burbank Airport, and Long Beach Airport, on the other hand, pursuant to Section 854 of the Public Utilities Code, Commission Courtroom, San Francisco 5/7/97 2:00 pm ALJ Garde C97-01-003 (EH)-C. J. Villalobos, et a. vs. Grand Oaks Comr Neeper Water Company, for failure to provide adequate water utility service on a day-to-day basis, (Mountain Crossing Restaurant, 416 W. Tehachapi Boulevard, Tehachapi 5/12/97 10:00 am ALJ Walker C96-12-026 (EH)-MCI Telecommunications Corporation vs. Comr Knight Pacific Bell and Pacific Bell Communications, for illegal conduct stalling MCI's efforts to enter the local exchange market, and C96-12-044 (EH)-AT&T Communications of California, Inc., vs. Pacific Bell, for instituting internal processes resulting in violation of the policy of fair and non-discriminatory resale competition, and C97-02-021 (EH)-NewTelco, L.P., dba Sprint Telecommunications Venture and Sprint Communications Company L.P. vs. Pacific Bell, for failure to process firm order confirmations and completion notices in a timely and accurate manner and for anticompetitive and discriminatory processes for handling customer migration to competitive local carriers reselling Pacific Bell's services, Commission Courtroom, San Francisco (also May 13-16, San Francisco) 5/19/97 10:00 am ALJ Minkin A96-08-001 (EH)-Pacific Gas and Electric Company, for Comr Conlon approval of valuation and categorization of non- Comr Duque nuclear generation related sunk costs eligible for recovery in the competition transition charge, and A96-08-006 (EH)-San Diego Gas & Electric Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-007 (EH)-Southern California Edison Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-070 (EH)-Pacific Gas and Electric Company, to establish the competition transition charge, and A96-08-071 (EH)-Southern California Edison Company, to estimate transition costs and establish a transition cost balancing account, and A96-08-072 (EH)-San Diego Gas & Electric Company, to estimate transition costs and establish a transition cost balancing account (Phase 2), Commission Courtroom, San Francisco (EH) May 20- 23, 27-30, June 2-6, 9-13, and 16-20, San Francisco) 5/19/97 2:00 pm ALJ Mattson A90-09-043 (PPH)-GTE Corporation for merger into Contel Comr Duque Corporation and GTE becoming the parent company, and A95-12-006 (PPH)-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 (PPH)-Commission Order Instituting Investigation into the rates, charges, service, practices, and regulation of Contel of California, Inc., and A96-12-045 (PPH)-GTE California Incorporated and Contel of California Inc., for approval of elimination of charges for nonpublished/nonlisted services and offsetting increase of rates for residential flat and measured service, Old Victor School, 15476 - 6th Street, Victorville (also 7:00 pm); (also May 20, 3:00 pm, Council Chambers, City Hall, 301 W. Line Street, Bishop (also 7:00 pm); June 12, 2:00 pm, Council Chambers, City Hall, 1001 W. Center Street, Manteca (also 7:00 pm) 5/21/97 2:00 pm ALJ Walker A96-11-007 (PPH)-Southern California Water Company, to Comr Knight increase rates in order to recover costs resulting from participation in the State Water Project under contract with the Central Coast Water Authority and other related costs to deliver water in its Santa Maria District, Santa Maria Valley YMCA, 3400 Skyway Drive, Santa Maria (also 7:00 pm); (EH) 10:00 a.m., June 24, Commission Courtroom, San Francisco (also June 25-27, June 30, and July 1-3, San Francisco) 5/28/97 10:00 am ALJ Reed R93-04-003 (PHC)-Commission Order Instituting Rulemaking on Comr Duque Commission's own motion to govern open access to bottleneck services and establish a framework for network architecture development of dominant carrier networks, and I93-04-002 (PHC)-Commission Order Instituting Investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks, Commission Courtroom, San Francisco; (EH) 10:00 am, August 4, San Francisco (also August 5-8, 10-15, and 18-22, 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 Enterprises and Enova Corporation with and into B Mineral Energy Sub (Newco Pacific Sub) and G Mineral Energy Sub (Newco Enova Sub), the wholly owned subsidiaries of a newly created holding company, Mineral Energy Company, Council Chambers, 12th Floor, City Administration Building, 202 C Street, San Diego; (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 Duque 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 6/23/97 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 June 24-27, 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 04/08/97 NONE NEW FILINGS 04/02/97 A97-04-003 The State of California, Department of Transporation, for an order authorizing the Department to: widen SR 201 at Sierra Street (PUC No. B-225.2), by upgrading the railroad crossing warning devices for the proposed widening located in the City of Kingsburg, Fresno County, State of California (James E. Livesey, Attorney, M.S. 57, 1120 N Street, P.O. Box 1438, Sacramento, CA 95812-1438) 04/03/97 A97-04-004 OpTel (California) Telecom, Inc., for authority to provide facilities-based interexchange telecommunications services 04/03/97 A97-04-005 Unocal California Pipeline Company, to sell and Tosco Corporation to acquire public utility assets pursuant to section 851 of the Public Utilities Code and to transfer control of a public utility pursuant to section 854 of the Public Utilities Code PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS/PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS NONE NEW SETTINGS 4/28/97 10:00 am ALJ Mattson C97-01-013 (PHC)-Bill Langworthy, et al. vs. Calaveras Comr Bilas Telephone Company and Pacific Bell, for discriminatory telephone billing practices, Telephone Prehearing Conference 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 April 8, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) REGULAR COMMISSION MEETINGS April 9, April 23, 1997, (10:00 am) May 6, 1997, (10:00 am) NEW DATE 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 11, 1997 Commissioner Jessie J. Knight 9:00 am - 12:00 pm 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 - 12:00 pm City Hall, Department of Public Works 300 North D Street Conference Room B San Bernardino April 28, 1997 Commissioner Jessie J. Knight 9:00 a.m. - 4:00 p.m. Park Place 1395 Civic Drive Walnut Creek May 29, 1997 Commissioner Josiah L. Neeper 9:00 - 12:00 pm City Hall Council Chambers, Interview Room 201 No. Broadway Escondido June 18, 1997 Commissioner Josiah L. Neeper 9:00 am - 12:00 pm 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 MEETING 9:30 am - 11:30 am April 9, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 4206 (Corner of Van Ness Avenue and McAllister) San Francisco The Interim Committee for the California High Cost Fund A, (CHCF-A), Fund B, (CHCF-B) and the California Teleconnect Fund (CTF) will hold a meeting to review legal documents establishing the funds and the Interim Committee. The contact person is Rufus G. Thayer at (415) 703-2191. WORKSHOP NOTICE R.84-12-028 PUBLIC WORKSHOP IN LOS ANGELES FOR COMMISSION STAFF AND GENERAL PUBLIC RE RESOLUTION ALJ-170 (EXPERIMENTAL RULES FOR SB 960) The third in a series of public workshops on experimental rules implementing procedural reforms under Senate Bill (SB) 960 will be held as follows: 9:30 a.m. - 12:00 p.m. April 10, 1997 Room 1122, State Office Building 107 South Broadway Los Angeles The experimental rules approved by the Commission in Resolution ALJ-170 (January 13, 1997) will be briefly summarized, followed by a question-and- answer period. Relevant Documents The experimental rules that the Commission has adopted to implement SB 960 are contained in Resolution ALJ-170, copies of which are available from the Commission's Central Files Office, (415) 703-2045 or accessible at the Commission's Internet site at http://www.cpuc.ca.gov. In addition, a variety of other documents are accessible at the Commission's Internet site, including: Senate Bill 960 "Events to Be Including in Proposed Schedules (Scoping Memos)" "What Practitioners Should Know about the Commission's SB 960 Experiment" It is recommended that you review these documents before attending the workshops. If You Have Questions Should you have questions about this workshop, please address them to Steven Kotz via E-mail (kot@cpuc.ca.gov) or by telephone at (415) 703-2437. PUBLIC MEETING 10 am - 4 pm April 11, 1997 Deaf & Disabled Telecommunications Program Office 1939 Harrison Street, Suite 555 Oakland The Equipment Program Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker 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 April 11, 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 A (CHCF-A) Trust Administrative Committee will hold its third meeting of 1997. The contact person is Jean Boettger at (415) 542-1949. PUBLIC MEETING 9:00 am - 5:00 pm April 14-18, 1997 and April 21-25, 1997 Meetings of the Independent Board For Energy Efficiency Programs and the Governing Board For Low-Income Programs California Public Utilities Commission Hearing Rooms B and C 505 Van Ness Avenue San Francisco In Decision (D.) 97-02-014, the Commission established a new structure for the future administration of energy efficiency and low-income assistance programs. This structure requires an Independent Board to oversee energy efficiency programs, a Governing Board to oversee low-income programs, and administrative entities selected through a competitive bidding process. The Commission intends to select board members (including an acting chairperson), and provide further guidance to the Boards in a decision on April 9th. Beginning on April 14th, (continuing through April 25th, if needed), both Boards should meet to discuss and establish the initial organization, budget, operating principles and rules, and staffing/consultant requirements. The Boards should also select and appoint a chairperson. These meetings are open to the public. Patrick Hoglund of the Energy Division is the contact person at (415) 703-2043. PUBLIC MEETING 10 am - 4 pm April 18, 1997 Deaf & Disabled Telecommunications Program Office 1939 Harrison Street, Suite 555 Oakland The California Relay Service Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. PUBLIC MEETING 10 am - 4 pm April 29, 1997 MCI Relay Service Center Riverbank 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 person is Shelley Bergum (510) 874-1410 voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. WORKSHOP NOTICE R.84-12-028 PUBLIC WORKSHOP ON DRAFT OF FINAL RULES TO IMPLEMENT REQUIREMENTS OF SB 960 10 am May 8, 1997 Commission Courtroom, State Office Building 505 Van Ness Avenue San Francisco Should you have any questions about this workshop, please address them to Steven Kotz via E-mail (kot@cpuc.ca.gov) or by telephone at (415) 703-2437. WORKSHOP NOTICE R.95-01-020/I.95-01-021 Universal Service Auction Mechanism Rules for California High Cost Fund 10 am - 4 pm May 8, 1997 and 9 am - 3 pm May 9, 1997 Training Room California Public Utilities Commission 505 Van Ness Avenue San Francisco This workshop will address auction mechanisms for determining the level of universal service subsidy needed in high cost areas pursuant to Ordering Paragraph 16(d) of Decision (D.) 96-10-066. To facilitate discussion during the workshop, any party that wants an auction proposal to be addressed during the workshop must submit this proposal to the Director of the Telecommunications Division and all parties of record in R.95-01-020/021 by April 19, 1997. These proposals should include a well defined set of auction rules which address the issues surrounding competitive bidding discussed in D.96-10-066. Please contact Brian Roberts at (415) 703-2334 or Joseph Abhulimen at (415) 703-1458, if you plan to attend. If specialized accommodations for the disabled are needed, please call the Public Advisor at (415) 703-2032 by April 29, 1997. ============================================================================ 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. 04/07/97 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%), and 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 April 2, 1997, Keith R. McCrea, attorney for the California Industrial Group and California Manufacturers Association (CIG/CMA), met with James Hendry, advisor to Cmmr. Conlon, in San Francisco. McCrea reviewed the issues in dispute which included the replacement cost adder, NCO method, allocation of interstate transition cost surcharge (ITCS) and Federal Energy Regulatory Commission (FERC) surcharges, and CARE costs. McCrea urged the Commission to adhere to its existing methodology for allocating long-run marginal cost and ITCS costs. McCrea stated that the settlements of pipeline rate cases at FERC provide long-term benefits, and the resulting surcharges should be allocated the same way as other pipeline reservation charges. McCrea indicated that CIG/CMA supported Cmmr. Knight's alternate order and were opposed to the proposed 10-year amortization of ITCS in the revised proposed decision. McCrea also expressed support for the transmission level rate proposal of San Diego Gas and Electric Company as well as extending the real-time pricing option to cogeneration loads. CIG Contact: Dianne Raley filed Tel: (202) 383-0679 04/07/97 A96-03-054 Pacific Gas and Electric Company, to modify Diablo Canyon pricing and adopt a customer electric rate freeze in compliance with D95-12-063. On April 3, 1997, Ruth Brackett, Chairwoman of the County of San Luis Obispo's (County) Board of Supervisors, met with Cmmr. Conlon in San Francisco. Also present were: James Hendry, advisor to Cmmr. Conlon; James Lindholm, County Counsel; Wyatt Cash, Deputy County Counsel; Robert Hendrix, County Administrative Officer/Emergency Services Director; Rory Livingston, Assistant Superintendent for Business and Physical Support Services for the San Luis Coastal School District (School District); and Andrea McGarvey, County Auditor-Accountant. The County/School District representatives stated that the history of Diablo Canyon's unique status as a nuclear generation facility demonstrates a special relationship between Pacific Gas and Electric Company (PG&E) and the County/School District that has given rise to a binding commitment on PG&E's part to make property tax payments to the County/School District at prescribed levels over the expected operating life of Diablo Canyon. The County/School District representatives expressed their view that the historical record relating to Diablo Canyon demonstrates the creation of a regulatory compact among the Commission, PG&E, its ratepayers, and the County/School District that requires maintenance of Diablo Canyon-related property tax payments to the County/School District at levels that will insure that the County/School District is neither better nor worse off than they would have been in the absence of Commission-ordered electric restructuring. S. Luis Obispo Contact: Cindy Addad filed Tel: (415) 392-7900 04/07/97 On April 3, 1997, Ruth Brackett, Chairwoman of the County of San Luis Obispo's (County) Board of Supervisors, met with Cmmr. Bilas in San Francisco. Also present were: Jean Vieth, advisor to Cmmr. Bilas; James Lindholm, County Counsel; Wyatt Cash, Deputy County Counsel; Robert Hendrix, County Administrative Officer/Emergency Services Director; Rory Livingston, Assistant Superintendent for Business and Physical Support Services for the San Luis Coastal School District (School District); and Andrea McGarvey, County Auditor-Accountant. The County/School District representatives stated that the history of Diablo Canyon's unique status as a nuclear generation facility demonstrates a special relationship between Pacific Gas and Electric Company (PG&E) and the County/School District that has given rise to a binding commitment on PG&E's part to make property tax payments to the County/School District at prescribed levels over the expected operating life of Diablo Canyon. The County/School District representatives expressed their view that the historical record relating to Diablo Canyon demonstrates the creation of a regulatory compact among the Commission, PG&E, its ratepayers, and the County/School District that requires maintenance of Diablo Canyon-related property tax payments to the County/School District at levels that will insure that the County/School District is neither better nor worse off than they would have been in the absence of Commission-ordered electric restructuring. S. Luis Obispo Contact: Cindy Addad filed Tel: (415) 392-7900 04/07/97 On April 3, 1997, Ruth Brackett, Chairwoman of the County of San Luis Obispo's (County) Board of Supervisors, met with Cmmr. Neeper in San Francisco. Also present were: David Gamson, advisor to Cmmr. Neeper; James Lindholm, County Counsel; Wyatt Cash, Deputy County Counsel; Robert Hendrix, County Administrative Officer/Emergency Services Director; Rory Livingston, Assistant Superintendent for Business and Physical Support Services for the San Luis Coastal School District (School District); and Andrea McGarvey, County Auditor-Accountant. The County/School District representatives stated that the history of Diablo Canyon's unique status as a nuclear generation facility demonstrates a special relationship between Pacific Gas and Electric Company (PG&E) and the County/School District that has given rise to a binding commitment on PG&E's part to make property tax payments to the County/School District at prescribed levels over the expected operating life of Diablo Canyon. The County/School District representatives expressed their view that the historical record relating to Diablo Canyon demonstrates the creation of a regulatory compact among the Commission, PG&E, its ratepayers, and the County/School District that requires maintenance of Diablo Canyon-related property tax payments to the County/School District at levels that will insure that the County/School District is neither better nor worse off than they would have been in the absence of Commission-ordered electric restructuring. S. Luis Obispo Contact: Cindy Addad filed Tel: (415) 392-7900 04/07/97 R95-04-043 Rulemaking on the Commission's own motion into competition for local exchange service, and I95-04-044 Investigation on the Commission's own motion into competition for local exchange service. On April 3, 1997, Virginia Taylor, Staff Counsel, Legal Services Unit of the California Department of Consumer Affairs (DCA), met with Jose Jimenez, advisor to Cmmr. Conlon, in San Francisco. Also present were: Timothy Sullivan, advisor to Cmmr. Duque; Dorothy Duda, advisor to Cmmr. Knight; and Lester Wong, advisor to Cmmr. Bilas. Written material (attached to the notice) was used. Taylor stated that the DCA seeks modification of D96-08-02 and explained that the California Local Number Portability (LNP) Task Force (LNPTF) evaluated several LNP architectures, including location routing number (LRN) and query on release (QoR). Taylor suggested that LNP solution should be one which adopts a standard routing mechanism and other necessary standard operating procedures, and then allows each carrier to chose the triggering mechanism that is most effective and cost-efficient to use in its network. Taylor described the advantages of that LNP solution, known as "carrier choice", and stated that it would allow the use of multiple LNP architectures. Taylor stated that the record is clear that the DCA supports carrier choice as the LNP solution and does not support either QoR or LRN as the sole LNP architecture solution, therefore, the statement in D96-08-028 that the DCA supports QoR is inaccurate. Taylor acknowledged that if the Commission had adopted carrier choice, Pacific Bell may have selected QoR as the LNP solution for its network; however, that would not have precluded other carriers from using LRN and other later developed LNP solution in their networks. Taylor argued that D98-08- 028's statement that the two LNP solutions were LRN and QoR incorrectly identifies recommendation 2 as QoR rather than carrier choice. Taylor asserted that since carrier choice allows the use of different LNP architectures so long as they use a common routing algorithm, by definition it is not mutually exclusive. DCA Contact: Viginia J. Taylor filed Tel: (916) 445-5126 04/07/97 On April 3, 1997, Virginia Taylor, Staff Counsel, Legal Services Unit of the California Department of Consumer Affairs (DCA), met with Fassil Fenikile, advisor to Cmmr. Neeper, in San Francisco. Written material (attached to the notice) was used. Taylor stated that the DCA seeks modification of D96-08-02 and explained that the California Local Number Portability (LNP) Task Force (LNPTF) evaluated several LNP architectures, including location routing number (LRN) and query on release (QoR). Taylor suggested that LNP solution should be one which adopts a standard routing mechanism and other necessary standard operating procedures, and then allows each carrier to chose the triggering mechanism that is most effective and cost- efficient to use in its network. Taylor described the advantages of that LNP solution, known as "carrier choice", and stated that it would allow the use of multiple LNP architectures. Taylor stated that the record is clear that the DCA supports carrier choice as the LNP solution and does not support either QoR or LRN as the sole LNP architecture solution, therefore, the statement in D96-08-028 that the DCA supports QoR is inaccurate. Taylor acknowledged that if the Commission had adopted carrier choice, Pacific Bell may have selected QoR as the LNP solution for its network; however, that would not have precluded other carriers from using LRN and other later developed LNP solution in their networks. Taylor argued that D98-08- 028's statement that the two LNP solutions were LRN and QoR incorrectly identifies recommendation 2 as QoR rather than carrier choice. Taylor asserted that since carrier choice allows the use of different LNP architectures so long as they use a common routing algorithm, by definition it is not mutually exclusive. DCA Contact: Viginia J. Taylor filed Tel: (916) 445-5126 04/07/97 I87-11-033 Commission investigation into alternative regulatory frameworks for local telecommunications exchange carriers, and A85-01-034 Pacific Bell, general rate increase for telephone service in the amount of $1,362,000,000, intrastate, and A87-01-002 General Telephone Co. of California, general rate increase for telecommunications services of approximately $52,133 million, intrastate, and I85-03-078 Commission investigation into rates, etc., of Pacific Bell re: interconnection, and C86-11-028 Extension Connection Inc. vs Pacific Bell, et al, that defendants not be allowed to enclose information re: maintenance service contracts in utility bill envelopes and that use of "611" telephone number to obtain repairs is a violation of anti-trust laws, and I87-02-025 Commission investigation into rates, etc., of General Telephone Co of California & Pacific Bell, and C87-07-024 General Telephone Co of California vs Wang Communications Inc, for cease and desist order directing defendant to refrain from commencing service in City of Industry without Commission authority, etc. On April 2, 1997, Mary Vanderpan, Vice-President, Regulatory Regulations, Pacific Bell (PacBell), met with Fassil Fenikile, advisor to Cmmr. Neeper, in San Francisco. Also present were: David Discher, Senior Counsel, Pacific Telesis Legal Group; and Ronnie Thierman, Executive Director, Regulatory Proceedings, PacBell. Vanderpan explained that PacBell is concerned with the Office of Ratepayer Advocates' (ORA) claims for script review and the fact that the Commission did not order cost recovery for notices to customers with existing interLATA PIC freezes that their existing freeze would not apply to to their intraLATA service. Discher explained that applying the GTEC settlement terms to PacBell is not appropriate because of the distinction between the two companies. Discher argued that the marketing restrictions in the proposed decision are inconsistent with the Federal Communication Commission's (FCC) requirements. Discher explained that the Commission has the authority and a basis in the record to recognize the difference between PacBell and GTEC and can invoke a different time period. Thierman explained that ORA is an advocate in the proceedings and that compliance and review functions belong to the Telecommunications Division. Thierman asserted that customers with interLATA PIC freezes should receive a notice that their interLATA freeze will not apply to their intraLATA services, and that PacBell should be able to recover the cost of such notice. PacBell Contact: Tina Gerbasi filed Tel: (415) 542-3820 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