ADJOURNMENTS-RESETTINGS-SUBMISSIONS I97-01-028 Wetzell-Commission Order Instituting Investigation, North Shuttle, Inc., et al., and related matter, Evidentiary Hearing held and continued to 11 am, April 17, San Francisco C97-03-027 Bennett-Melba J. Tyson vs. Pacific Gas and Electric Company, Evidentiary Hearing held and submitted A96-06-018 Wright-City of Yorba Linda, to widen Route 90, hearing set for April 23 reset for 10 am, May 28, Los Angeles ADVICE LETTER FILINGS NONE D E C I S I O N S COMMISSION MEETING OF 3/31/97 EXECUTIVE ORDERS SIGNED 3/26/97 D97-03-065 A96-11-038 - Pacific Bell. To issue debt securities and preferred stock and to guarantee the obligations of others for the benefit of Pacific Bell, the total aggregate principal amount of the indebtedness and guarantees not to exceed $1 billion; to execute and deliver one or more indentures; to sell, lease, assign or otherwise dispose of or encumber utility property in connection with the issuance of securities; to extend the time period and the terms and conditions of Decision No. 93-09-062 authorizing the issuance of up to $1.8 billion of debentures and notes; to enter into interest rate swaps and similar arrangements; and for an exemption from the Commission's Competitive Bidding Rule. A93-07-022 - Related matter. Amends second sentence of Paragraph 2, page 6 of D97-02-007 to read "Also under NRF, it is still possible for Pacific's cost to affect rates to the extent that Pacific's earned rate of return triggers sharing adjustments." COMMISSION MEETING OF 3/31/97 3/31/97 D97-03-066 A97-03-039 - The Utility Reform Network. For rehearing and immediate stay of Resolution G-3205. Orders a stay of Resolution No. G-3205 pending further order; directs interested parties to respond to the application no later than noon on 4/7/97. The applicant alleges that the Stay is necessary because the Resolution imposes without proper notice and due process a large rate increase which would be effective April 1, 1997. D97-03-067 A96-04-038 - Pacific Telesis Group (Telesis) and SBC Communications, Inc. (SBC). For SBC Communications, Inc. to control Pacific Bell, which will occur indirectly as a result of Telesis merger with wholly owned subsidiary of SBC, SBC Communications (NV) Inc. Approves the merger of Telesis and SBC subject to several conditions which address matters raised in PU Code { 854. Evaluates the potential competitive impacts of the proposed merger and find that the merger is unlikely to affect competition adversely. Imposes on approval of the merger the requirement that Pacific Bell (Pacific) refund to ratepayers the short term and long term economic benefits of the merger in the amount of $590 million over five years. Directs Pacific to modify the Community Partnership Commitment it signed with numerous community groups to remove terms of that agreement which might be discriminatory or constrain the advocacy activities of nonprofit groups, among other things. If Pacific does not accomplish the modifications it may, alternatively, contribute $82 million to a trust whose purpose would be to improve the telecommunications access and education of underserved communities in California. Directs applicants to submit to an audit of their accounting and record-keeping practices, to create a trust for Pacific's employees' pension funds and to reduce Pacific's rates by $13 million, an amount which Pacific has received in rates for improvements to its customer services which have not been accomplished after four years. Directs Pacific to comply with provisions of General Order (GO) 133B, which governs customer service quality, or face penalties. States an intent to enforce GO 133B notwithstanding the status of the merger proposed in this application. D97-03-068 A96-11-048 - Southern California Gas Company (SoCalGas) and Southern California Edison Company (Edison). For approval of demand-side management pilot bidding contract. Approves a contract negotiated jointly by SoCalGas and Edison with Winegard Energy Inc., subject to one condition. This contract has been negotiated as part of the demand-side management (DSM) pilot bidding programs required by PU Code Section 747 and our adopted rules governing DSM. Because this contract will be cost-effective only under a limited set of performance scenarios, we require that Winegard provide cost-effectiveness security in the amount of $200,000, consistent with other contracts we have approved under residential DSM bidding pilots. D97-03-069 R94-04-031 - Order instituting rulemaking on the Commission's proposed policies governing restructuring California's electric services industry and reforming regulation. I94-04-032 - Related matter. Interim Order - approves the recommendation of PG&E, SDG&E, and Edison to form a joint, statewide Customer Education Program (CEP); directs the docket office to file as of 10/30/96 a direct access working group report on consumer protection and education; grants the December 3, 1996 motion of the California Energy Commission for leave to file its opening comments to the October 30, 1996 direct access working group report on consumer protection and education; any electric utility willing to participate in the joint CEP efforts, shall file by 5/12/97 a motion in this docket requesting permission to participate; unless Kirkwood Gas and Electric, PacifiCorp, Sierra Pacific Power Company, and Southern California Water Company elect to participate in the joint CEP, they shall file their motion for a separate CEP, by 5/30/97; directs the Energy Division and the Consumer Services Division to file a report by 5/12/97; comments on the report are due within 10 days from the date of service of the report; should any of the investor-owned electrical corporation decide to devise and implement their own CEPs, and request reimbursements from ratepayers for such a plan, they shall file a motion in this docket by 5/30/97; responses and replies to the responses to the motion will be permitted in accordance with Rule 45(f) of the Commission's Rules of Practice and Procedure; authorizes the formation of an Electric Education Trust (EET); the EET administrative committee shall prepare and file a proposed work plan and budget by 8/1/97; parties may file comments on EET's work plan and budget within 14 days from the date of service. D97-03-070 I95-02-015 - Commission order instituting investigation into the rates, charges, services, and practices of Pacific Gas and Electric Company. R96-11-004 - Related matter. Adopts inspection cycles and related standards for electric utility distribution systems. Follows issuance of proposed rules and responds to comments of parties filed December 2, 1996. EXECUTIVE ORDERS SIGNED 04/01/97 D97-04-001 C96-11-036 - Sanjiv Verma, M.D., Inc. v Pacific Bell. Dismissed upon written and unopposed request of all parties; the $721.20 on deposit in this matter shall be returned to complainants. D97-04-002 C91-11-037 - Pacific Bell v MCI Telecommunications Corporation. Dismissed under Public Utilities Code Section 308 and Resolution A-4638, upon the unopposed motion of the complainant, dated 4/27/92. 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). 4/22/97 9:30 am NONE SCHEDULED 4/25/97 A96-10-038 10:00 am Pacific Enterprises; Enova Corporation, Mineral Energy Company, et al., ALJ Barnett, presiding 4/29/97 9:30 am NONE SCHEDULE 5/6/97 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 4/17/97 11:00 am ALJ Wetzell I97-01-028 (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, and A97-04-002 (EH)-Eugene Yen, for authority to control North Shuttle Service, Inc., dba Yellow Airport Express, Commission Courtroom, San Francisco (also April 18, 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 Bennett C91-02-075 (PHC)-George S. Kelly (Corral de Tierra Comr Conlon Properties) vs. Toro Water Service, Inc., that defendant immediately make past due annual refunds for 1988 and 1989 in accordance with 4/5/78 main extension contract and provide substantiation for computation used, etc, Telephone Prehearing Conference 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) 4/21/97 2:30 pm ALJ Econome R97-04-011 (PHC)-Order Instituting Rulemaking to establish Comr Knight standards of conduct govening relationships Comr Bilas between energy utilities and their affiliates, and I97-04-012 (PHC)-Order Instituting Investigation to estabish standards of conduct governing relationships between energy utilities and their affiliates, Commission Courtroom, San Francisco 4/21/97 1:00 pm ALJ Bushey C97-01-053 (PHC)-Robert G. Winterbotham vs. Pacific Bell, Comr Duque for charging for ISDN services not requested or used in the amount of $12,182.04, and failure to warn about automatic dialing, Commissoin Courtroom, San Francisco 4/22/97 9:00 am ALJ Stalder C96-12-052 (EH)-Richard D. Corson, Juanita A. Corson, and Comr Knight California Inc., for approval of elimination of charges for nonpublished/nonlisted services and offsetting increase of rates for residential flat and measured service, Commission Courtroom, San Francisco 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 Bennett A96-11-013 (PHC)-Plantation Water Company, LLC., for a Comr Duque certificate of public convenience and necessity to operate the Meadows Management Company water system as a public utility water system in the City of Calimesa, California, and to establish rates for service, Telephone Prehearing Conference 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) 4/28/97 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 4/29/97 9:00 am ALJ Bushey A95-08-020 (EH)-City of San Rafael to construct one grade Comr Conlon crossing of the Golden Gate Bridge Highway & Transportaton District, (formerly Northwestern Pacific Railroad Company) main line (San Rafael- Willits) at Anderson Drive in the City of San Rafael, Commission Courtroom, San Francisco (also April 30 and May 1 and 2, San Francisco) 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 5/1/97 10:00 am ALJ Bennett C97-03-056 (ECP)-Lavisa Bonner and Zelma Mattews vs. Pacific Gas and Electric Company, for incorrect billing, 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 (also May 7- 9, 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 5/8/97 10:00 am ALJ Bennett C91-02-075 (EH)-George S. Kelly (Corral de Tierra Comr Conlon Properties) vs. Toro Water Service, Inc., that defendant immediately make past due annual refunds for 1998 and 1989 in accordance with 4/5/78 main extension contract and provide substantiation for computation used, etc., Commission Courtroom, San Francisco 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) 5/12/96 10:00 am ALJ Bennett C97-03-034 (PHC)-County of Riverside Department of Comr Neeper Environmental Health vs. Spring Crest Water and Power Company, for failure to comply with minimum water quality and quantity requirements as contained in Title 22 of the Calsliforn9a Code of Regulations, Telephone Prehearing Conference 5/12/97 10:00 am ALJ Barnett C97-04-007 (ECP)-Marian Oshita vs. L.A. Cellular, for overbilling in the amount of $193.62, Commission Courtroom, Los Angeles 5/15/97 1:00 pm ALJ Kotz A97-03-052 (PPH)-California-American Water Company, for a Comr Duque certificate that the present and future public convenience and necessity requires applicant to construct and operate the 24,000 acre-foot Carmel River Dam and Reservoir in the Monterey Division, and to recover all present and future costs in connection therewith in rates, San Carlos Ballroom, Marriott Hotel, 350 Calle Principal, Monterey; (also (PHC) 3:30 pm and (PPH) 7:00 pm, Monterey) 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 Bilas 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 5/28 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 4/22/97 10:00 am ALJ Mattson A96-12-045 (PHC)-GTE California Incorporated and Contel of Comr Duque 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 10:00 am ALJ Stalder A89-03-026 (PHC)-Southern California Edison Company, for a Comr Duque certificate to construct and operate a 220 kV transmission line between Kramer Substantion and Victor Substation in San Bernardino, Commission Courtroom, San Francisco 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 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 5/28/97 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 accessand 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) 5/29/97 10:00 am AL Bushey C96-11-029 (EH)-Nancy M. Horner and Vertec International, Comr Neeper Inc., dba Vitosha, Ltd., vs. GTE California Incorporated, for faulty installation of telephone lines, failing to properly provide or maintain reliable and acceptable telephone serves, inadequate customer assistance services, for improper past due and late payment charges, and failing to comply with all applicable PUC regulation, Commission Courtroom, Los Angeles (also May 30, Los Angeles) 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 6/17/97 10:00 am ALJ Barnett C97-01-015 (EH)-Yung Hui Hsieh vs. Yerba Buena Water Comr Bilas Company, for refusal to provide water service, Commission Courtroom, Los Angeles 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 04/17/97 Filings with Safety and Enforcement 04/14/97 TCP-11020-A Edward Camp and Andres Villalvazo, dba Conquest Coach Lines, 114 E. Gish Road, San Jose, CA 95112, Tel. No. (408) 467-0530, application for new TCP Class A Certificate NEW FILINGS 04/14/97 A97-04-035 Ample Sky Telecom, Inc., for a certificate of public convenience and necessity to operate as a reseller of telecommunications services 04/15/97 A97-04-036 Sacramento Regional Transit District, to construct, maintain and operate a light rail passenger system on a structure over Union Pacific Railroad, Sacramento to Stockton mainline and Placerville branch line in the City of Sacramento, County of Sacramento, State of California (Jeffrey L. Gualco, Civil & Track Design Manager, Sacramento Regional Transit District, 2811 "O" Street, Sacramento, CA 95816) 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 Thursday April 17, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) REGULAR COMMISSION MEETINGS April 21, 1997 (10:00 am) MEETING TO CONSIDER ONE ITEM ONLY Item 1 A97-02-020 - Pacific Bell. This decision continues the Commission's review of Pacific Bell's statement of generally available terms for interconnection and access which goes into effect on April 21, 1997. (Com Duque - ALJ Reed) April 23, 1997, (10:00 am) May 6, 1997, (10:00 am) NEW DATE May 21, 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 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 13, 1997 Commissioner Henry Duque 2:00 p.m - 4:00 p.m. Elwin Mussel Senior Center 510 East Park Santa Maria May 19, 1997 Commissioner Henry Duque 10:00 a.m. - 12:00 p.m. City Hall, Lorman Center 220 East Mountain View Barstow May 23, 1997 Commissioner Henry Duque 9:00 a.m. - 11:00 a.m. Rosegarden Library 1580 Naglee Ave. San Jose May 23, 1997 Commissioner Henry Duque 1:00 p.m. - 3:00 p.m. Santa Cruz Civic Auditorium ABC Room Santa Cruz 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 (CHANGE IN TIMES AND DATES) 9 am - 5 pm April 17 & 24, 1997 Governing Board For Low-Income Programs Hearing Room D and 10 am - 4 pm April 18 & 25, 1997 Independent Board For Energy Efficiency Programs and the Training Room and Hearing Room D California Public Utilities Commission 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. WORKSHOP NOTICE GENERAL ORDER 96-A WORKING SESSION 10 am - 4 pm April 22, 1997 California Public Utilities Commission Auditorium 505 Van Ness Avenue San Francisco You are invited to a working session to propose revisions to the Commission's General Order (GO) 96-A. GO 96-A establishes procedures for filing tariff schedules, contracts and rules for Gas, Electric, Telecommunications, Water, Sewer System, Pipeline, and Heat Utilities. Specifically, GO 96-A governs Advice Letters and some other informal filings. Under the Business Plan, the Commission would like to revise GO 96-A, to better meet the needs of utilities and customers. The session will begin with a general discussion including all utilities and interested parties. Issues common to all utilities include notice rules, protest rules, the opportunity to be heard and opportunity for appeal. Then the session will break into industry specific working groups to discuss issues unique to each industry (Energy, Telecommunications, Water). We welcome your input on problems with the Advice Letter/Informal Decision-Making process. You may send written comments to: Eleanor Szeto Robert Strauss Fred Curry Telecommunications Division Energy Division Water Division 505 Van Ness Ave. 505 Van Ness Ave. 505 Van Ness Ave. S.F., CA 94102 S.F., CA 94102 S.F., CA 94102 eys@cpuc.ca.gov ris@cpuc.ca.gov flc@cpuc.ca.gov If you have any questions about the GO 96-A meeting, please call Eleanor Szeto at (415) 703-2253. 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. PUBLIC MEETING 9:30 am - 3:30 pm May 8, 1997 Deaf and Disabled Telecommunications Program Office 1939 Harrison Street, #555 Oakland The Equipment Program Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. Contact person is Sara Brucker at (510) 874-1410 voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. 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. 04/16/97 A96-03-031 Southern California Gas Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding, for a total reduction in annual revenues of approximately $147.9 million (5.7%), A96-04-030 San Diego Gas & Electric Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding for an approximately $42 million decrease over presently authorized revenues, and A96-08-043 Pacific Gas and Electric Company, to restructure and establish natural gas rates; modify its core aggregation and core subscription programs; obtain approval of the principles of a post-1997 core gas procurement incentive mechanism; and obtain approval of principles for disposition of its gas gathering facilities. On April 15, 1997, Joseph Karp, attorney for the California Cogeneration Council/Watson (CCC/Watson), met with Cmmr. Knight in San Francisco. Also present were Dorothy Duda, advisor to Cmmr. Knight, and other parties listed on the attachment to the notice. Karp stated that CCC/Watson support Cmmr. Knight's alternate respecting the replacement cost adder and interstate transition cost surcharge allocation issues. Karp urged the Commission to retain Resolution G-3062 it its current form and reject the proposal to require Southern California Gas Company to negotiate individual contracts with cogenerators that are similar to negotiated, non- volumetric contracts entered into with utility electric generators (UEGs). Karp stated that the new proposal is impractical and overly burdensome. CCC/Watson Contact: Mary McCombs filed Tel: (415) 268-7607 04/16/97 A96-03-045 Mather Field Utilities, Inc., for a certificate of public convenience and necessity for its gas distribution system at Mather Field. On April 15, 1997, James Squeri, attorney for Mather Field Utilities, Inc. (MFU), spoke to David Gamson, advisor to Cmmr. Neeper. Squeri informed the Commission that MFU's interest was in the issuance of a certificate of public convenience and necessity to MFU as quickly as possible. MFU Contact: Cindy Addad filed Tel: (415) 392-7900 04/16/97 A96-08-043 Pacific Gas and Electric Company, to restructure and establish natural gas rates; modify its core aggregation and core subscription programs; obtain approval of the principles of a post-1997 core gas procurement incentive mechanism; and obtain approval of principles for disposition of its gas gathering facilities. On April 11, 1997, John W. Leslie, representing Suncor, Inc. (Suncor), sent a letter (attached to the notice) to Cmmr. Neeper in San Francisco. A copy of the letter was also sent to David Gamson, advisor for Cmmr. Neeper. Leslie's letter was sent to address matters concerning the Gas Accord settlement agreement and the proposed decision. Suncor Contact: Linda Vitale filed Tel: (619) 235-3536 04/16/97 A97-02-020 Pacific Bell, for approval of statement of generally available terms for interconnection and access. On April 15, 1997, Lynn Mowery, Director- Regulatory Relations of Pacific Bell (PacBell), met with Timothy Sullivan, advisor to Cmmr. Duque, in San Francisco. Also present were John Gueldner, Vice President-Regulatory, and Ronnie Thierman, Executive Director-Regulatory, for PacBell. A copy of the draft interim opinion (item 1 of the 4/21/97 Commission's agenda) (attached to the notice) was used. Gueldner urged that the language in the draft interim order be neutral, referring specifically to the language in the discussion portion of the draft appearing on page 3. Gueldner also suggested that the language contained in the Telecommunications Act, section 252(f)(4) would be an appropriate reference. PacBell Contact: Christina 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