ADJOURNMENTS-RESETTINGS-SUBMISSIONS A97-03-004 Pacific Bell, rate reductions, Prehearing Conference held and completed ADVICE LETTER FILINGS NONE D E C I S I O N S COMMISSION MEETING OF 4/9/97 4/9/97 D97-04-005 I87-03-036 - Order instituting investigation into procurement and system reliability issues deferred from D86-12-010. A92-03-038 - Related matter. Closes inactive proceedings. These proceedings are closed. D97-04-006 A97-01-021 - Goodall's Charter Bus Service. Application for hearing regarding suspension, revocation, or denial of renewal of property or passenger carrier authority or registration at the request of California Highway Patrol. This application is dismissed as moot, since applicant's operating authority was reinstated on January 24, 1997. This proceeding is closed. D97-04-007 A96-12-021 - ICS Intelesys, Inc. For a certificate of public convenience and necessity to provide resold interLATA and intraLATA long distance telephone services. Granted. This proceeding is closed. D97-04-008 I95-11-004 - Investigation on the Commission's own motion into the practices of Wiltel Corporation. Grants the joint motion of parties to dismiss this Order Instituting Investigation; grants WilTel Corporation's request to withdraw its application for rehearing of I95-11-004. This proceeding is closed. D97-04-009 C96-05-016 - Susan C. Melkonian vs. Pacific Gas and Electric Company. For wrongful termination of services. The complaint is denied. This order becomes effective within 30 days. D97-04-010 A90-12-018 - Southern California Edison Company. For authority to increase its authorized level of base rate revenue under the electric revenue adjustment mechanism for service rendered beginning 1/1/92 and to reflect this increase in rates. I89-12-025, I91-02-079 - Related matters. Interim Order - Closes an inactive investigation I89-12-025. D97-04-011 A96-11-049 - Covad Communications Company. For a certificate of public convenience and necessity to provide facilities-based and resale interLATA, intraLATA, local exchange, and local access telecommunications service. Granted. This proceeding is closed. D97-04-012 A96-01-033 - Telcom Network, Inc. For a certificate of public convenience and necessity to provide interLATA telecommunications services. Dismissed without prejudice for want of prosecution. This proceeding is closed. D97-04-013 A96-12-010 - All American Telephone, Inc. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services. Grants an authority to resell interLATA and intraLATA telephone services. This proceeding is closed. D97-04-014 A96-12-037 - Providian Group, L.L.C. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services as a non-facilities based reseller. Granted. This proceeding is closed. D97-04-015 A96-12-049 - Paging Network of Los Angeles, Inc. For a certificate of public convenience and necessity to provide interLATA and long distance intraLATA telecommunications services as a switchless reseller. Granted. This proceeding is closed. D97-04-016 A96-10-042 - Touch 1 Long Distance, Inc. For a certificate of public convenience and necessity to provide intrastate telecommunications services. Grants a certificate of public convenience and necessity to resell interLATA and intraLATA telecommunications services. This proceeding is closed. D97-04-017 A96-12-014 - Earthcall Communications Corporation. For a certificate of public convenience and necessity to operate as a reseller of intraLATA toll and interLATA telecommunications services. Granted. This proceeding is closed. D97-04-018 A96-11-011 - James Hooker. For a certificate of public convenience and necessity to resell intraLATA and interLATA telecommunications services. Granted. This proceeding is closed. D97-04-019 A96-12-068 - Network Long Distance, Inc. For a certificate of public convenience and necessity to resell intraLATA telecommunications services. Granted. This proceeding is closed. D97-04-020 A96-09-009 - Eastern Telecommunications Incorporated. For a certificate of public convenience and necessity to operate as a reseller of interLATA telecommunications services. Granted. This proceeding is closed. D97-04-021 A96-11-027 - DanCris Telecom, L.L.C. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Granted. This proceeding is closed. D97-04-022 A95-12-054 - Pacific Bell (Pacific). For an exemption pursuant to the PU Code { 853 (b) or, in the alternative, authority pursuant to PU Code { 851 for the lease and sale of assets to Pacific Telesis and affiliates. Finds that Pacific is authorized to lease certain San Ramon Valley furniture assets to Pacific Telesis and authorizes Pacific to lease these assets to Pacific Telesis Legal Group; denies petition by California Association of Long Distance Telephone Companies to modify D96-11-019. This proceeding is closed. D97-04-023 A96-09-047 - US ONE Communications Services Corporation. For a certificate of public convenience and necessity to provide local exchange service on a facilities-based and resale basis as a competitive local carrier. Granted. This proceeding is closed. D97-04-024 A96-06-009 - Pacific Gas and Electric Company (PG&E) and Royal Gorge Lands. For an order authorizing the former to sell and convey to the latter a certain parcel of land in Nevada and Placer counties. Grants PG&E and Royal Gorge Lands' application for authorization of a sale and transfer of Lake Van Norden property to Royal Gorge Lands, subject to the easements and reservations therein; directs PG&E to notify the Commission in writing of the transfer consummation; the ratemaking treatment shall be as set forth in PG&E's 12/10/96 amendment to application 96-06-009, specifically that PG&E shall remove the $25,662 cost of the property from rate base, allocate the $1,476,948 after-tax proceeds of the sale to a new real property sales memorandum account to accrue interest at the 3- month commercial paper rate; and following establishment under part of electric industry restructuring of the CTC balancing account, PG&E shall transfer the entire balance in the RPS memorandum account to the CTC balancing account to be netted against that balance. This proceeding is closed. D97-04-025 A94-02-040 - State of California, Department of Transportation (Caltrans). For an order authorizing Caltrans to: construct portions of the Port of Oakland Viaduct and construct six footings and columns from Contract "F" in advance of the East Bay Viaduct-off Ramp/East Bay Viaduct-Left Bridge, located in the City of Oakland, County of Alameda. Authorizes Caltrans to construct portions of the Port of Oakland Connector Viaduct at separated grades over Southern Pacific Transportation Company's Ogden Route main line tracks and The Atchison, Topeka and Santa Fe Railway Wood Street Yard south lead track in Oakland, Alameda County. This proceeding is closed. This order becomes effective in 30 days. D97-04-026 A96-09-011 - The Washington Water Power Company (WWP). For an order authorizing the issuance and sale of preferred stock, unsecured debt securities, or subordinated deferrable interest securities, in one or more series, with an aggregate stated value of up to and including $150,000,000. Grants WWP the authority requested in its petition for modification of D96-12-022 to include the issue of floating rate subordinated deferrable interest securities to a special purpose entity, which in turn would issue floating rate trust originated security. This proceeding is closed. D97-04-027 A96-01-010 - San Francisco Thermal, Limited Partnership (SFTLP). For authorization to reflect additional contributions to partners' capital accounts, to incur evidences of indebtedness, and to encumber utility property. Grants SFTLP's petition to modify D96-02-069 to reflect a new interest rate for the issuance of senior secured notes; acknowledges NRG Energy, Inc. as the provider of SFTLP's subordinated debt financing authorized in D96-02-069. This proceeding is closed. D97-04-028 A95-04-025 - Long Distance Direct, Inc. For a certificate of public convenience and necessity for authorization as a reseller of interexchange telecommunications services. Grants application for a certificate of public convenience and necessity to permit it to resell interLATA and intraLATA telephone services, subject to the terms of a settlement agreement negotiated with the Consumer Services Division. This proceeding is closed. D97-04-029 A96-03-060 - Southern California Gas Company (SoCalGas). For authority to change core procurement rates on a monthly basis. Authorizes SoCalGas to implement a fixed-priced tariff for qualified master-metered residential customers and core commercial and industrial customers using less than 3,000 therms per year and to offer such customers a level pay plan pursuant to tariff. This proceeding is closed. D97-04-030 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for local exchange service. I95-04-044 - Related matter. Denies the petition for modification of D96-08-028 filed by the California Department of Consumer Affairs (DCA). D96-08-028 adopted Location Routing Number as the routing architecture for Local Number Portability. DCA claimed that the decision mischaracterized the rejected alternative and sought modified language. D97-04-031 A96-06-053 - Southern California Gas Company (SoCalGas). For authority to close its branch offices located in Fullerton and Irvine, California. Orders SoCalGas to provide replacements for its branch offices located at 1851 West Valencia Drive, Fullerton, and at 14155 Bake Parkway, Irvine, California. This proceeding is closed. D97-04-032 A95-12-077 - Sierra Telephone Company, Inc. To restructure intrastate rates and charges for telephone services furnished within California. I96-04-018 - Related matter. Authorizes applicant a 10.00% return on rate base for its 1997 test year, resulting in a 10.94% return on equity. Its intrastate rates are to be reduced by $1,100,899. This rate reduction is to be applied to withdraw its tariffed nonpublished services, foreign exchange and interexchange receiving services for which there are no current customers; and eliminate its 8.5% billing surcharge; reduce its residential 1-Party basic rates in zones 3, 4 and 5, and business 1-Party, key system, PABX and centrex access line basic monthly rates; and charge various other tariff changes. This proceeding is closed. D97-04-033 A95-12-078 - Foresthill Telephone Co. To restructure intrastate rates and charges for telephone services furnished within California. I96-04-019 - Related matter. Authorizes applicant a 10.00% return on rate base for its 1997 test year, resulting in a 11.64% return on equity. Its intrastate rates are to be reduced by $192,346. This rate reduction is to be applied to reduce basic residential service rates and select business custom calling services; withdrawal of its two-way party business and residential services, eliminate its 8.7% surcharge, and withdraw its tariffed unpublished and unlisted service rates; and to implement a surcredit for the remaining revenue reduction not spread to specific tariff services. These proceedings are closed. D97-04-034 A95-12-075 - Calaveras Telephone Company. To restructure intrastate rates and charges for telephone services furnished within California. I96-04-016 - Related matter. Reduces applicant's intrastate rates by approximately 10.85% or $343,366 in its 1997 test year, effective 1/1/97; authorizes applicant a 10.00% return on rate base for its 1997 test year, resulting in a 12.74% return on equity; authorizes applicant to eliminate its 8.57% billing surcharge, to withdraw its tariff charges for its business and residential two-party services, tariff charges for its nonpublished listing charges, semi-public box minimum charge, Foreign Exchange Service, Special Billing Services, its inside wire tariff and intrabuilding network cable rates at quarter hour increments, to reduce its business and residential customer basic monthly service rates, and, to implement a billing surcredit and other charges as summarized in Appendix C to the order. These proceedings are closed. D97-04-035 A95-12-076 - Ducor Telephone Company. To restructure intrastate rates and charges for telephone services furnished within California. I96-04-017 - Related matter. Authorizes applicant a 10.00% return on rate base for its 1997 test year, resulting in a 12.84% return on equity. Its intrastate rates are to be reduced by $136,320. This rate reduction is to be applied to eliminate its 8.57% billing surcharge, withdraw its tariffed nonpublished service, and foreign exchange rates; reduce business and residential monthly rates; restructure inside wire maintenance and intrabuilding network cable services; and to implement a billing surcredit for the remaining unspread revenue reduction. These proceedings are closed. D97-04-036 A95-12-073 - California-Oregon Telephone Co. To restructure intrastate rates and charges for telephone services furnished within California. I96-04-015 - Related matter. Authorizes applicant a 10.00% return on rate base for its 1997 test year, resulting in a 13.08 return on equity. Its intrastate rates are to be reduced by $77,581. This rate reduction is to be applied to withdraw business, residential, and employee two-part service, eliminate its 8.5% billing surcharge, and withdraw its tariffed non- published listing charges; change its inside wire maintenance and intrabuilding network cable charges; standardize semi-public coin box, visit charge and E 9-1-1 services across exchange; and to bring the Newell and Tulelake business one- party and key line services towards a standardized rate across exchanges. These proceedings are closed. D97-04-037 A95-08-020 - City of San Rafael. To construct one grade crossing of the Golden Gate Bridge, Highway and Transportation District main line (formerly Northwestern Pacific Railroad Company) at Andersen Drive in said City. Interim Order - Holds that the City violated {{ 1201 and 1202 when its contractor removed railroad tracks to allow preliminary construction of the Andersen Drive extension without having secured Commission authorization. Concludes that a fine is the appropriate sanction. While the PU Code allows the Commission wide discretion in setting a fine, in this case between $500 and $3 million, several mitigating factors support a fine of $20,000. Given the taxpayer supported status of the City, and the fact that CPUC fines are paid to the State, another taxpayer financed entity, imposition of the fine accomplishes little, and the fine is suspended on the condition that the City strictly adhere to Commission rules and policies. D97-04-038 R92-03-050 - Order instituting rulemaking on the Commission's own motion to consider the line extension rules of electric and gas utilities. Concludes that there are no material factual issues stemming from D94-12-026 that warrant an evidentiary hearing; D94-12-026 remains unchanged and is a final decision in that phase of the proceeding. D97-04-039 A96-04-026 - Western Motor Tariff Bureau, Inc. For authority under General Order 154, to amend and restate its bylaws and waiver from Rules 8.3, 9.2, and 9.5, General Order 80-C. Dismissed for lack of jurisdiction. This proceeding is closed. D97-04-040 A96-09-050 - Telscape USA, Inc. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services. Grants a certificate of public convenience and necessity to operate as a switchless reseller of intrastate interLATA and intraLATA telecommunications services. This proceeding is closed. D97-04-041 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. The motion for order instituting rulemaking on standards of conduct for marketing affiliates, filed by Enron Capital and Trade Resources, New Energy Ventures, Inc., the School Project for Utility Rate Reduction, the Regional Energy Management Coalition, the Utility Reform Network, Utility Consumer's Action Network, and XENERGY, Inc., is granted as contained in R97-04- 011. D97-04-042 A96-07-009 - Southern California Edison Company. To adopt the performance based ratemaking and incentive based ratemaking mechanisms specified in D95-12-063, as modified by D96-01-009, and related changes. A96-07-010, A96-07-018 - Related matters. Interim decision - Clarifies the scope of issues to be considered: proposals that the Commission designate its generating assets that will be needed for the Independent System Operator (ISO) transmission system reliability and related market power issues exceed the scope of the proceeding; under sections 216(h) and 377, the Commission will retain jurisdiction over utility-owned generation which has not undergone market valuation; the Commission intends that the 150 basis points allowance adopted in the preferred policy decision will be applied only to fossil units which are primarily needed for reactive power/voltage control; neither section 362 nor section 455.5 requires that utilities obtain advance authority to shut down generation plants. Orders that within 15 days the parties may file prehearing conference statement; within 10 days SDG&E may file a motion for leave to withdraw its application. D97-04-043 I90-07-037 - Investigation on the Commission's own motion into the matter of post-retirement benefits other than pensions. A88-12-005, I89- 03-033 - Related matter. Interim order D94-10- 037 reopened the issue decided in D92-12-015 of whether Pacific Bell and GTE California, Inc. should be permitted to recover as a z-factor adjustment the change in post-retirement benefits other than pensions due to adoption of the Statement of Financial Accounting Standards (SFAS) 106. Interim decision - Finds that z- factor recovery is appropriate for the exogenous effects of the SFAS 106 accounting change and reaffirms the findings of D92-12-015. D97-04-044 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 decision - Appoints members to the Independent Board for Energy Efficiency Programs and Governing Board for Low- Income Programs; directs the Boards to file at the Docket office and serve new member nominations by 9/1/99; direct the utilities to provide start-up funds for the Boards; addresses Edison's petition to modify D97-02-014; and makes corrections to Conclusion of Law 2 and Ordering Paragraph 1 of D97-02-014 to bring them into conformance with the decision. D97-04-045 A94-09-034 - Digital Dial Communications, Inc. For a certificate of public convenience and necessity to provide telecommunications services. Denies the application for a certificate of public convenience and necessity to resell interLATA long distance telephone service as a nondominant interexchange carrier on the basis that minimum requirements for financial resources and technical expertise have not been met. This proceeding is closed. D97-04-046 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for local exchange service. I95-04-044 - Related matter. Resolves outstanding disputes regarding how the Commission's costs of ensuring compliance with the California Environmental Quality Act are to be recovered from the facilities-based competitive local carriers (CLCs) in connection with the certification of such CLCs; directs CLCs to make appropriate payments as set forth. D97-04-047 A94-08-043 - Sierra Pacific Power Company (Sierra), Sierra Pacific Resources, The Washington Water Power Company (WWP), and Resources West Energy Corporation. For an order authorizing the merger of Sierra and WWP into Resources West Energy Corporation authorizing the issuance of securities, assumption of obligations, adoption of tariffs, and transfer of certificates of public convenience and necessity. Grants a joint petition filed on 2/3/97 by the Office of Ratepayer Advocates and WWP to modify D96-05-059 to provide for a freeze of WWP's gas rates through December 31, 2000; an extension of the date for WWP to file a general rate case application until January 2000; suspension of balancing account mechanisms; and a $1 million customer billing credit; provides that the Commission may order changes in WWP's rates and charges on the Commission's own motion; provides for adjustments to WWP's rates in the event of certain uncontrollable and unforeseeable events, as defined. This proceeding is closed. D97-04-048 A96-08-068 - MCI Telecommunications Corporation. For arbitration pursuant to Section 252(b) of the Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. Denies application for rehearing of D97-01-039, filed by Pacific Bell, which established the terms of an interconnection agreement between MCI Telecommunication Corporation (MCI) and Pacific Bell (Pacific). Pacific alleges that the consequential damages provision of the agreement, which was adopted in the decision, is in error, and is contrary to the Telecommunications Act of 1996. D97-04-049 C92-02-026 - United Parcel Service, Inc. Filing tariff pages that reflect increases in parcel rates without authorization from this Commission and using an outdated D89-09-014 dated September 7, 1989, as authority to increase rates effective February 24, 1991. A92-04-026 - Related matter. Denies application for rehearing of D96-12-090 filed by Todd AO Corporation. D96-12-090 reopened and reversed the holding in D93-02-001 that the rate increases put into effect by United Parcel Service, Inc. on February 24, 1992 were unlawful because the procedure used to file the rates was improper. Modifies D96-10-042 to further explain the basis for finding that rates were reasonable from the date they were filed, and to correct clerical and other nonsubstantive errors. D97-04-050 I96-02-043 - Investigation on the Commission's own motion into the operations, practices, and conduct of Communication TeleSystems International (CTSI) and Edward S. Soren, President of CTSI 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 an application for rehearing of D96-07-035 filed by CTSI seeking rehearing of 7/17/96 Interim Opinion censuring CTSI's senior management for ignoring the potentiality of witness intimidation and/or interference at The Greenlining Institute and The Latino Issues Forum press conference on May 23, 1996. D97-04-051 C95-07-032 - Lorna Huard v. Southern California Edison Company (Edison). Denies an application of Lorna Huard for rehearing of D96-11-042 in which the Commission denied her complaint against Edison regarding usage as measured by the utility's electric meter. D97-04-052 A97-03-039 - Utility Reform Network. For rehearing and immediate stay of Resolution G- 3205. Applicant alleges that the Resolution imposes a large rate increase without proper notice and opportunity to comment and without considering alternative plans which would appropriately balance opposing interests. Extends previously granted stay pending further action by the Commission. Grants rehearing of Resolution G3205. Comments from parties are due before 12 noon April 25, 1997. 04/09/97 R97-04-010 - Rulemaking on the Commission's Own Motion into implementation of PU Code Section 489.1, which exempts from public inspection certain contracts negotiated by a gas corporation, under specified conditions R97-04-011 - Order Instituting Rulemaking to establish standards of conduct governing relationships between energy utilities and their affiliates, and I97-04-012 - Order Instituting Investigation to establish standards of conduct governing relationships between energy utilities and their affiliates I97-04-013 - Commission Order Instituting Investigation, into the Commission's own motion into whether the Bidwell Water Company and its owners, Thomas and Vicky Jernigan, misused its Safe Drinking Water Bond Act surcharge and revenues and have violated rules, orders, and decisions of the Commission I97-04-014 - Commission Order Instituting Investigation, on the Commission's own motion and order whether Guy W. Martens, dba Western Cellular, Inc., has violated consumer protection laws and should be subject to sanctions or the imposition of operating requirements to advance consumer protection EXECUTIVE ORDERS SIGNED 4/15/97 D97-04-053 C96-11-008 - Caminiti Realty, Inc. vs Pacific Bell. Dismissed upon written and unopposed request of complainant. D97-04-054 C94-11-016 - Dennis Wojdac v Citizens Utilities Company of California. Dismissed upon written request of complainant, with concurrence of defendant. 4/16/97 D97-04-055 R97-04-010 - Commission order instituting rulemaking into implementation of Public Utilities Code Section 489.1, which exempts from public inspection certain contracts negotiated by a gas corporation, under specified conditions. Orders that Appendix A, "Proposed Rules Pursuant to Public Utilities Code Section 489.1," be served on parties to R92-12-016, and I92-12-017; I87-03-036 and A92-03-038; A96-08-043 and A92-12- 043; R88-08-018, et al.; and A96-04-030. R E S O L U T I O N S 8/5/96 T-15945 Advice Letters 500 thru 522 of GTE Mobilnet of California L.P. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 8/16/96 T-15946 Advice Letters 208 thru 212 and 214 thru 222 of Stockton Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15961 Advice Letters 205 and 206 of Fresno Cellular Telephone Company and Advice Letters 260 thru 266 of Fresno MSA L.P. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15962 Advice Letters 124 thru 127 of Bakersfield Cellular Telephone Company; Advice Letter 154 of Salinas Cellular Telephone Company; Advice Letter 159 of Napa Cellular Telephone Company; Advice Letters 62 and 63 of Chico MSA Cellular Company; and Advice Letters 36 and 38 of Cellular Pacific. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 9/12/96 T-15965 Advice Letters 157 and 158 of Cagal Cellular Communications Corporation; Advice Letters 66 thru 68 for Cal-One Cellular L.P.; Advice Letter 68 for Cellular 2000; Advice Letters 21, 47, 48, 56, 57, and 58 for Chico MSA Cellular, Inc.; Advice Letter 34 for Contel Cellular of California; Advice Letter 11 of Data Cellular Systems; Advice Letter 2 of Gulf Coast Broadcasting Corporation; Advice Letter 3 of Kern County Cellular Telephone Company; Advice Letter 48 of Mammoth Cellular Corporation; Advice Letter 87 of Modoc RSA L.P., Advice Letter 173 of Oxnard Cellular Telephone Company; and Advice Letter 165 of Santa Barbara Cellular Systems. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 4/9/97 ALJ-172 Ratification of Preliminary Determinations on Categorization pursuant to Resolution ALJ-170 (SB 960 Experimental Rules 2(d) and 4(a)). Adopted. T-15804 Advice letter 16930 of Pacific Bell. Plan filed to comply with Ordering Paragraph 4 of CPUC D93- 11-011 concerning the implementation of the plan for achieving universal service. Accepts the plan to assess universal service and market universal lifeline telephone service. Adopted. T-16002 Advice letter 146 of Hornitos Telephone Company (Hornitos). General Rate Case filing in compliance with Ordering Paragraph No. 45, D94-09-065, and PU Code { 454. This resolution requires Hornitos to reduce its intrastate revenues by $139,714 or 4.56% effective January 1, 1997, adopts a 10% overall rate of return, sets a cap on the amount that Hornitos can request funds from the Network Access Service- Intrastate and the toll service pools for 1997, and requires Hornitos to file an advice letter to eliminate the 8.57% surcharge and the mileage rates. Adopted. T-16004 Advice letter 115 of Pinnacles Telephone Company (Pinnacles). General Rate Case filing in compliance with Ordering Paragraph No. 45, D94-09-065, and PU Code { 454. This resolution requires Pinnacles to reduce its intrastate rates by $24,535 or 3.6% effective January 1, 1997, adopts a 10% overall rate of return, and requires Pinnacles to file an advice letter to reduce rates and implement refunds for overcollections from January to May 1997. Adopted. T-16007 Advice letter 206 of The Volcano Telephone Company (Volcano). General Rate Case filing in compliance with Ordering Paragraph No. 45, D94- 09-065, and PU Code { 454. This resolution requires Volcano to reduce its intrastate rates by $403,218 or 4.3% effective January 1, 1997, adopts a 10.0% overall rate of return, and requires Volcano to file an advice letter to reduce rates and implement refunds for overcollections from January to May 1997. Adopted. T-16017 Resolution to establish the Deaf and Disabled Telecommunications Equipment and Service Programs (PU Code { 2881, et seq.) 1997 Annual Budget pursuant to D89-05-060. Granted. TL-18790 Resolution granting voluntary suspension of the certificate of public convenience and necessity issued to Michael Anthony Cariglino and KDF Reynolds, dba Designated Driver Group (PSC 7105); Adopted. TL-18791 Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374 of the Public Utilities Code and approving issuance and transfer of highway carrier authority pursuant to the Commission's contract with the Department of Motor Vehicles as permitted by Vehicle Code Section 34605(b). Adopted. TL-18792 Resolution denying issuance of charter-party carrier authority, highway carrier authority and household goods carrier authority for failure to satisfy statutory provisions of the Public Utilities Code and Commission General Orders. Adopted. W-4035 Ponderosa Water Company. Order authorizing class C and D water utilities to establish a late charge, to increase the charges for returned checks, and to increase the charge for reconnection of service which was turned off for nonpayment. Adopted. W-4036 Advice Letter 505 and supplement Advice Letter 505-A of California American Water Company, Monterey District. Order authorizing the establishment of a memorandum account for tracking costs related to the State Water Resources Control Board Order No. WR95-10 on the Carmel River Water Rights and formulation of solutions to long term water supply issues for up to $734,000. Granted. W-4037 Pine Mountain Water Company. Order authorizing a general rate increase producing additional annual revenues of $7,027 or 75.3% in 1997. 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). 4/25/97 A96-10-038 10:00 am Pacific Enterprises; Enova Corporation, Mineral Energy Company, et al., Re Motion of IID, SCPPA, Kern River, City of Vernon, Southern California Edison, SCUPP, ENRON, and IBEW Locals 18 & 47, to compel discovery, ALJ Barnett, presiding 4/29/97 9:30 am NONE SCHEDULE 5/6/97 9:30 am NONE SCHEDULED 5/13/97 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 4/25/97 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 9:00 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 29-30, and May 1-2) 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) 4/29/97 10:00 am ALJ Mattson C97-03-019 (PHC)-California Cable Television Association vs. Comr Duque Southern California Edison Company, for unlawful increase of pole attachment charge, Commission Courtroom, 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) 5/6/97 1:30 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, Commission Courtroom, San Francisco 5/6/97 1:30 pm ALJ Ramsey C96-12-027 (OA)-Nova Cellular West, Inc. vs. AirTouch Comr Duque Cellular of San Diego, for failure to provide similar rates to similar customers, 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 5/8/97 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 5/8/97 1:30 pm ALJ Kenney A97-02-035 (PHC)-AirTouch Cellular, and its affiliates, Los Comr Duque Angeles SMSA Limited Partnership, Sacramento Valley Limited Partnership, and Modoc RSA Limited Partnership, for an exemption from the reporting requirements of GO 104-A, Section 1, and GO 77-K, 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 5/12/97 10:30 am ALJ Barnett C97-04-042 (ECP)-Richard Beagle vs. Pacific Bell, for Comr refusal to refund $3,000 in improper telephone billing charges, Commission Courtroom, San Francisco 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) 5/16/97 10:00 am ALJ Walwyn C97-03-049 (OA)-California Cable Television Association vs. Comr Duque Pacific Bell, for offering and promoting the bundled offering of the basic exchange service and Internet service in violation of due procedures and without authorization, Commission Courtroom, San Francisco 5/19/97 10:00 am ALJ Minkin A96-08-001 (EH)-Pacific Gas and Electric Company, for Comr Conlon approval of valuation and categorization of non- Comr 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 offsetting increase of rates for residential flat and measure 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) 5/22/97 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 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 04/25/97 NONE NEW FILINGS 04/16/97 A97-04-049 Association Administrators, Inc., for a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services 04/21/97 A97-04-051 California-American Water Company, for an order authorizing increased rates of $1,142,700 (7.65%) in the year 1998; $376,200 (2.51%) in the year 1999; and $317,200 (1.93%) in the year 2000, in the Los Angeles Division 04/22/97 C97-04-053 ECP - Ahmed Mohamed Hassan vs. Pacific Gas and Electric Company, for overcharging 04/23/97 I97-04-044 Commission Order Instituting Investigation, into the operations and practices of L.D. Services, doing business as Long Distance Services, to determine whether the entity unlawfully switched subscribers' primary interexchange carrier without the subscriber's authorization in violation of Public Utilities Code section 2889.5 04/23/97 I97-04-045 Commission Order Instituting Investigation, into the operations and practices of Brittan Communications International, Inc., to determine whether the entity unlawfully switched subscribers' primary interexchange carrier without the subscriber's authorization in violation of Public Utilities Code section 2889.5 04/23/97 I97-04-046 Commission Order Instituting Investigation, into the operations and practices of Future Telephone Communications (FTC) and its officers, and whether 30,000 consumers within the 818 area were assessed service charges by FTC even though they were not FTC customers 04/23/97 A97-04-047 County of Contra Costa, to relocate one at-grade crossing of the Atchison, Topeka and Santa Fe Railway Company from Oakley Road (PUC Crossing No. 2-1146.0) to Rose Avenue in County of Contra Costa 04/23/97 A97-04-048 City of Carson, for an order authorizing construction of crossings at separated grades at Sepulveda Boulevard, PUC Nos. BG-500.00 and BBM- 500-33-C in the City of Carson, County of Los Angeles 04/23/97 A97-04-052 Rahim Faraji, dba Superfly Shuttle, for authority to operate as a passenger stage corporation between points in Orange County and the John Wayne Airport (5382 Pembury Drive, La Palma, CA 90623; (714) 739-2148) 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 Friday April 25, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) REGULAR COMMISSION MEETINGS May 6, 1997, (10:00 am) NEW DATE San Francisco May 21, 1997, (10:00 am) 1500 - 11th Street, Secretary of State Auditorium Sacramento June 11, 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 am - 12 pm City Hall, Department of Public Works 300 North D Street Conference Room B San Bernardino April 28, 1997 Commissioner Jessie J. Knight 9 am - 4 pm Park Place 1395 Civic Drive Walnut Creek May 13, 1997 Commissioner Henry Duque 2 pm - 4 pm Elwin Mussel Senior Center 510 East Park Santa Maria May 19, 1997 Commissioner Henry Duque 10 am - 12 pm City Hall, Lorman Center 220 East Mountain View Barstow May 23, 1997 Commissioner Henry Duque 9 am - 11 am Rosegarden Library 1580 Naglee Ave. San Jose May 23, 1997 Commissioner Henry Duque 1 pm - 3 pm Santa Cruz Civic Auditorium ABC Room Santa Cruz May 29, 1997 Commissioner Josiah L. Neeper 9 am - 12 pm City Hall Council Chambers, Interview Room 201 No. Broadway Escondido June 18, 1997 Commissioner Josiah L. Neeper 9 am - 12 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 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 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.95-04-043/I.95-04-044 R.93-04-003/I.93-04-002 April 29 to May 2, 1997 10 am on April 29, 1997 Other days will be 8:30 am California Public Utilities Commission 505 Van Ness Avenue Hearing Room A San Francisco This workshop was scheduled by ALJ Ruling dated April 4, 1997. The ALJs and Telecommunications Division staff have developed an agenda for the 4-day workshop. Some of the issues raised by parties will not be addressed at the workshop: those include costing issues and any problems relating to the current OSS systems. Costing issues will be deferred to a later phase in the proceeding, once the OSS system has been completely defined and described. Any questions should be directed to Karen Jones (415) 703-1955, Jonathan Lakritz (415) 703-2117, and Bill Sandoval (415) 703-2777. PUBLIC MEETING Independent Board For Energy Efficiency Programs May 1, 1997 10 am - 4 pm California Public Utilities Commission 505 Van Ness Avenue, Training Room San Francisco In Decision (D.) 97-02-014 and (D.) 97-04-044, 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 Independent Energy Efficiency Board will meet to discuss and establish the initial organization, budget, operating principles and rules, and staffing/consultant requirements and all issues necessary to respond to May 19 and July 2 filings. These meetings are open to the public. Patrick Hoglund of the Energy Division is the contact person at (415) 703-2043. PUBLIC MEETING May 5, 1997 10 am - 1 pm California Public Utilities Commission 505 Van Ness Avenue, Room 5305 San Francisco Meeting of Consumer Education Advisory Panel appointed by the Executive Director pursuant to D.97-03-069, to provide input to the Commission on its Electric Restructuring Consumer Outreach Plan, due to be filed on May 12, 1997. The contact is the CEAP Chairperson, Bill Schulte, at 415/703-2349 and e-mail: wrs@cpuc.ca.gov. WORKSHOP NOTICE TO REVIEW COMPUTER MODELS OF PACIFIC GAS AND ELECTRIC COMPANY IN ITS BIENNIAL COST ALLOCATION PROCEEDING May 6, 1997 (continuing to May 7 if necessary) 10 am - 3 pm California Public Utilities Commission 505 Van Ness Avenue, Training Room San Francisco The purpose of this workshop is to review the computer models that the utility has developed to support its rate proposals in its gas cost allocation proceeding, A.97-03-002. The utility will provide an overview of the models, describe any linked files, and answer questions on the use and content of the models. This workshop is held by the Commission's Energy Division, at the direction of Administrative Law Judge Econome, as announced at the Prehearing Conference on April 17, 1997. Questions regarding the workshop should be directed to Steve Roscow at (415) 703-2818. The workshop is open to the public and all facilities are accessible to wheelchairs. 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. 04/24/97 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 21, 1997, Robert Finkelstein, staff attorney for The Utility Reform Network (TURN), delivered to Robert Lane, advisor to Cmmr. Knight, a letter (attached to the notice). In the letter, Finkelstein noted that with the adoption of AB 1890, Pacific Gas and Electric Company's (PG&E) assertions about foregone revenues from its proposed modification to the Diablo Canyon settlement, were rendered moot. Finkelstein explained that it makes no sense to consider revenues that may have been collected under the original or modified settlement through the year 2016 when, under sections 367(a) and 368(a) of the Public Utilities Code, PG&E's recovery is limited to the amount it can recover prior to March 31, 2002, under the rate freeze. Finkelstein concluded that the "net present value reduction" PG&E calculated in its application has already been imposed by AB 1890. Finkelstein also reminded that PG&E's most recent ex-part contact had included material that was not included in the evidentiary record. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876 04/24/97 A96-03-031 Southern California Gas Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding, for a total reduction in annual revenues of approximately $147.9 million (5.7%). On April 21, 1997, Phyllis Huckabee, Director, State Regulatory Relations for Southern California Gas Company (SoCalGas), met with Cmmr. Neeper in San Francisco. Also present were: David Gamson, advisor for Cmmr. Neeper; Johnannes Van Lierop, Director, Regulatory Affairs for SoCalGas; and Lad Lorenz, Director, Capacity and Planning for SoCalGas. Lorenz stated that the magnitude of dollars related to the issue of pipeline risk-sharing surcharges is quite high, $40 million, which is more than ten percent of the noncore's total cost allocation of $340 million. Lorenz stated that, under the proposal contained in Cmmr. Neeper's alternate pages, the noncore would bear 100 percent of the cost responsibility for these surcharges. Lorenz stated that the core is a major beneficiary of the FERC settlements, which the Commission supported. Lorenz stated that the alternate sponsored by Cmmr. Knight properly allocated the benefits of these settlements based on proportion of capacity held by each customer class, rather than a de facto allocation to the noncore. Lorenz stated that rates on El Paso, absent the settlement, would have been in the $0.50 range for all customers. Lorenz stated that, under the Neeper alternate, noncore customers would have been better off without a settlement, although the settlement was in the best interest of all Californians and endorsed on that basis by the Commission. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 04/24/97 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. THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED 4/21/97 AND APPEARED IN THE CALENDAR OF 4/23/97. On April 16, 1997, Joanne Balen of Pacific Bell, attended a meeting with Jose Jimenez, advisor to Cmmr. Conlon, in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; Karen Jones and Risa Hernandez of the Telecommunications Division; Ondrea Hidley, attorney for GTE California Incorporated (GTEC); Karen Potkul, attorney for MCI; Jerome Candelaria, representing CCTA; and other persons representing members of the California Local Number Portability Task Force (CLNPTF), listed on the attachment to the notice. A copy of the draft letter (attached to the notice) to Karen Jones was used. Joanne Balen stated that the CLNPTF's requests the Commission to 1) issue a letter requesting all qualified carriers submit their switch requests for local number portability conversion to the Commission; 2) to collect carrier requests and confirm the carrier eligibility to submit such a request; 3) to provide anonymous, compiled results to the CLNPTF; and 4) to determine the reasonableness of specific switch requests. Candelaria pointed out that item 4 above is incorrect and inconsistent with the Federal Communications Commission First Memorandum Opinion and Order and that to be consistent, the Commission presumption should be that a carrier's request is reasonable and the Commission would only determine whether specific switch requests are unreasonable. Hindley pointed out that Paragraph 61 of the Order addresses this issues. Potkul stated that while the CLNPTF preferred utilizing the Commission as the neutral third party clearinghouse, some CLNPTF members are concerned about the Commission's ability to meet the time frame required on such a role. Balen indicated that the Commission approval of the CLNPTF's clearinghouse proposal is very critical and a response is needed prior to the CLNPTF meeting on 4/24/97. GTEC Contact: Jacque Lopez filed Tel: (805) 372-6813 04/24/97 On April 22, 1997, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), spoke to Jose Jimenez, advisor to Cmmr. Conlon. Long stated that the draft decision failed to specify the means of identifying the appropriate amount to accrue in the memorandum account on a monthly basis and to make clear that, in the absence of such guidance, whatever method GTEC chose to establish the accrual amount was entitled to no deference in the future franchise impacts litigation. Long also asserted that since GTEC's taking claim is nothing but speculation at this point, a decision granting this motion would entitle any other carrier who speculated that the Commission action was causing a taking to establish a memorandum account. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, ext. 307 04/24/97 On April 21, 1997, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), spoke to Timothy Sullivan, advisor to Cmmr. Duque. Long stated that the draft decision failed to specify the means of identifying the appropriate amount to accrue in the memorandum account on a monthly basis and to make clear that, in the absence of such guidance, whatever method GTEC chose to establish the accrual amount was entitled to no deference in the future franchise impacts litigation. Long also asserted that since GTEC's taking claim is nothing but speculation at this point, a decision granting this motion would entitle any other carrier who speculated that the Commission action was causing a taking to establish a memorandum account. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, ext. 307 04/24/97 On April 21, 1997, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), spoke to Lester Wong, advisor to Cmmr. Bilas. Long stated that the draft decision failed to specify the means of identifying the appropriate amount to accrue in the memorandum account on a monthly basis and to make clear that, in the absence of such guidance, whatever method GTEC chose to establish the accrual amount was entitled to no deference in the future franchise impacts litigation. Long also asserted that since GTEC's taking claim is nothing but speculation at this point, a decision granting this motion would entitle any other carrier who speculated that the Commission action was causing a taking to establish a memorandum account. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, ext. 307 04/24/97 On April 21, 1997, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), spoke to Fassil Fenikile, advisor to Cmmr. Neeper. Long stated that the draft decision failed to specify the means of identifying the appropriate amount to accrue in the memorandum account on a monthly basis and to make clear that, in the absence of such guidance, whatever method GTEC chose to establish the accrual amount was entitled to no deference in the future franchise impacts litigation. Long also asserted that since GTEC's taking claim is nothing but speculation at this point, a decision granting this motion would entitle any other carrier who speculated that the Commission action was causing a taking to establish a memorandum account. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, ext. 307 04/24/97 A96-03-031 Southern California Gas Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding, for a total reduction in annual revenues of approximately $147.9 million (5.7%). A96-04-030 San Diego Gas & Electric Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding for an approximately $42 million decrease over presently authorized revenues. On April 21, 1997, Keith McCrea, attorney for the California Industrial Group and California Manufacturers Association (CIG/CMA), spoke with Cmmr. Neeper. McCrea stated that CIG/CMA opposed to the treatment of pipeline surcharges set forth in the alternate pages of Cmmrs. Neeper and Conlon for two reasons: first, in D92-07-025 the Commission found that no individual customer class was responsible for causing stranded costs, and promised that once capacity stepdowns became effective, they would be used to reduce interstate transition cost surcharge. McCrea explained the second reason was that the allocation of all the costs associated with the Federal Energy Regulatory Commission (FERC) rate case settlements to noncore customers ignores the fact that core customers will be the primary beneficiaries of the benefits of these settlements as the settlements fix the pipeline reservation fees for 10-year period and eliminate all rate case litigation risk at FERC. CIG/CMA Contact: Dianne Raley filed Tel: (202) 383-0679 04/24/97 On April 23, 1997, Keith McCrea, attorney for the California Industrial Group and California Manufacturers Association (CIG/CMA), had two separate telephone conversation with Cmmr. Conlon and James Hendry, advisor to Cmmr. Conlon. McCrea stated that CIG/CMA opposed to the treatment of pipeline surcharges set forth in the alternate pages of Cmmr. Conlon. McCrea stated that it would be unfair to allocate all of these costs to noncore customers since core customers will be the primary beneficiaries of the Federal Energy Regulatory Commission settlements over the 10-year period. McCrea explained that, as an alternative, the Commission should consider allocating the El Paso surcharges in the same manner as other reservation charges, since the El Paso surcharge is mostly due to the expiration of the Pacific Gas and Electric Company contract. CIG/CMA Contact: Dianne Raley filed Tel: (202) 383-0679 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