ADJOURNMENTS-RESETTINGS-SUBMISSIONS C97-01-003 Garde-C. J. Villalobos, et al., vs. Grand Oaks Water Company, Evidentiary Hearing held and no report given A97-02-035 Kenney-AirTouch Cellular, et al., for exemption of reporting requirements, Prehearing Conference held and completed ADVICE LETTER FILINGS NONE D E C I S I O N S COMMISSION MEETING OF 4/23/97 4/21/97 D97-04-056 A97-02-020 - Pacific Bell (Pacific). For approval of its Statement of Generally Available Terms for Interconnection and Access. Interim Order - Permits Pacific's Statement of Generally Available Terms for Interconnection and Access (SGAT) to take effect on 4/21/97, without a determination with respect to compliance with Sections 251, 252(d), and 271(c) of the Telecommunications Act of 1996 (the Act), and regulations thereunder. Continues the review of Pacific's SGAT pursuant to Section 252(f) (4) of the Act. 4/23/97 D97-04-057 A96-09-015 - California Water Service Company. For a general rate increase of gross revenues by $6,396,900, or 7.11% in 1997, and by additional amounts totalling $16,300 or 0.08% in 1998, $67,100 or 0.32% in 1999, and $62,700 or 0.30 in 2000, in the Palos Verdes District. A96-09-017 - Related Matter. Authorizes general rate increases to California Water Service Company for its Palos Verdes and Livermore Districts. These proceedings are closed. D97-04-058 A96-11-025 - Atlas Equity, Inc. For a certificate of public convenience and necessity to act as a reseller of interLATA and intraLATA telecommunications services within California. Granted. This proceeding is closed. D97-04-059 A96-08-003 - North County Communications Corporation. For authority to provide competitive local exchange service as a facilities-based carrier and a reseller. Granted. This proceeding is closed. D97-04-060 A96-03-019 - Lina Issa dba Contra Costa Shuttle. For authority to operate as a passenger stage corporation between points in Contra Costa and Alameda Counties, San Francisco International and Oakland International Airports. Dismissed. This proceeding is closed. D97-04-061 A97-01-006 - Russell D. Beauchane dba Airport Transportation Service. For authority to increase fares for passenger transportation on regular scheduled routes between Chico, Paradise, Oroville, Marysville/Yuba City and the Sacramento Metropolitan Airport, to offset recent increase in fuel and other operating expenses. Granted. Applicant is authorized to increase fares under PU Code {454 by approximately 9.65%. This proceeding is closed. D97-04-062 C96-12-022 - Steven R. Reckon v Nationwide Cellular Service. Complaint for high closing bill. Orders Complainant to pay $102.50, rather than the $385.55 requested by defendant. Defendant is admonished not to attempt collection after complainant has deposited disputed amount with Commission. This proceeding is closed. D97-04-063 C97-01-023 - Jerry D. Young v Southern California Edison Company. Complaint to have an electric bill of $565.47 cancelled. Finds the Complainant liable for $457.34 because of a bypass of the electric meter on complainant's property, thereby causing unauthorized use of electricity. This proceeding is closed. D97-04-064 A96-09-024 - MIDCOM Telecommunications, Inc. For a certificate of public convenience and necessity to operate as a facilities-based competitive local carrier. Granted. This proceeding is closed. D97-04-065 A93-09-028 - Southern California Gas Company. Denies Southern California Gas Company's application for modification of Resolution G-3062 because the matter has been addressed in other proceedings. This proceeding is closed. D97-04-066 A93-03-012 - Pacific Gas and Electric Company (PG&E). Denies PG&E's application for rehearing of Resolution G-3031 because the Commission has addressed relevant issues in other forums. This proceeding is closed. D97-04-067 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. Modifies the Commission's existing requirements for the filing of applications for performance-based ratemaking (PBR) mechanisms for electric utility distribution services. Authorizes Pacific Gas and Electric Company to file its distribution PBR proposal on or after December 15, 1997. Authorizes San Diego Gas & Electric Company to file a distribution PBR application during the last quarter of 1997. Vacates the requirement that Southern California Edison Company (Edison) file a new distribution PBR application, since D96-09-092 dated September 20, 1996 adopted a transmission and a distribution PBR for Edison and provided for its adaptation to a distribution-only PBR. D97-04-068 C96-05-011 - Cloverdale Chamber of Commerce v Pacific Bell. Denies complaint to alter exchange boundaries or institute extended area service. This proceeding is closed. D97-04-069 A90-12-018 - Southern California Edison Company. For authority to increase its authorized level of base rate revenue under the electric Revenue Adjustment Mechanism for service rendered beginning January 1, 1992 and to reflect this increase in rates. I91-02-079 - Related matter. Twenty-Eighth Interim Order - Denies a motion by applicant to limit the scope of Phase 5 in the proceeding, which will review alleged misappropriation of funds. D97-04-070 A97-01-044 - U.S. Republic Communications, Inc. For a certificate of public convenience and necessity to provide resold interLATA and intraLATA telecommunications services. Granted. This proceeding is closed. D97-04-071 A96-12-007 - Southern California Gas Company (SoCalGas). For approval pursuant to the expedited application docket of a long-term agreement with Recot, Inc., dba Frito-Lay, Inc. Granted. This proceeding is closed. D97-04-072 A96-12-020 - Catalina Cruises, Inc. For authority to increase and restructure its fare levels in its passenger common carrier service between San Pedro or Long Beach and points in Santa Catalina Island. Granted. This proceeding is closed. D97-04-073 A96-08-015 - Alpine Natural Gas Operating Company No.1, LLC. For a certificate of public convenience and necessity to construct and operate a gas pipeline distribution system in Calaveras County. Granted. This proceeding is closed. D97-04-074 A97-02-008 - Thomas Griffith, Jr., Mary M. Griffith, Thomas Griffith, and Daniel Griffith, dba Valley Airporter. For a certificate of public convenience and necessity to operate as a passenger stage to provide an airporter service from certain locations in Riverside County into Ontario International Airport. Authorizes applicant to operate as a scheduled passenger stage corporation between Temecula, Sun City, Hemet, and Moreno Valley, on the one hand, and Ontario International Airport, on the other hand. Previous authority of the applicant granted by D95-09-004 is rescinded for nonexercise. This proceeding is closed. D97-04-075 A96-11-018 - Airport Limousine Service of Balwinder S. Patrola dba Royal Shuttle. Authorizes applicant to operate an on-call passenger stage between points in the County of Santa Clara and San Jose International Airport. This proceeding is closed. D97-04-076 A94-03-002 - San Diego Metropolitan Transit Development Board (MTDB). For authority to correct D94-06-042 dated June 22, 1994, which incorrectly indicated the type of active warning devices that will be installed at Taylor Street, and the location of the active warning devices at Washington Street. MTDB advises that D94-06-042 should be corrected to incorporate these changes. Granted. This proceeding is closed. D97-04-077 A96-11-012 - City of West Sacramento. For authority to construct Devon Avenue at grade across Yolo Short Line Railroad Company tracks in the City of West Sacramento, Yolo County. Granted. This proceeding is closed. D97-04-078 A97-01-026 - City of Chino. This decision grants the request of the City, in cooperation with Southern Pacific Transportation Company (SPT), for authority to construct and maintain a new railroad lead track at-grade across Eucalyptus Avenue (east of Monte Vista Avenue and west of Telephone Avenue) in Chino, San Bernardino County. Authorizes the proposed at-grade crossing which is necessary to provide rail service to Majestic Realty's "Majestic Spectrum South," a 100-acre industrial development south of Eucalyptus Avenue. Upon installation of the railroad lead track and its opening to train operations, rail service will be provided to the five proposed buildings in the industrial development. This proceeding is closed. D97-04-079 A96-10-035 - City of Los Angeles. For an order authorizing construction of a grade separation at Imperial Highway above the light rail tracks of the Los Angeles County Metropolitan Transportation Authority Blue Line and the Union Pacific Railroad Company's (former Southern Pacific Transportation Company) Wilmington Branch in Los Angeles. Granted. This proceeding is closed. D97-04-080 A96-11-032 - City of Stockton. To construct a Class I Bikeway under the Southern Pacific Transportation company at Mile Post 93.65 in the said City of Stockton. Authorizes the City to construct its Calaveras River pedestrian/bike path at separated grades under the Union Pacific Railroad Company tracks in Stockton, San Joaquin County. This proceeding is closed. D97-04-081 A96-11-031 - City of Stockton. To construct its Calaveras River pedestrian/bike path at grade across the California Central Traction Company tracks in Stockton, San Joaquin County. Granted. This proceeding is closed. D97-04-082 A96-03-031 - Southern California Gas Company (SoCalGas). For authority to review its rates effective January 1, 1997, in its biennial cost allocation proceeding. A96-04-030 - Related matter. Adopt rates for the coming period through July 31, 1999 for customers of SoCalGas and San Diego Gas & Electric Company based on the utilities' biennial cost allocation proceeding applications. D97-04-083 I87-11-033 - In the matter of alternative regulatory frameworks for local exchange carriers. A85-01-034, A87-01-002, I85-03-078, I87-02-025, C87-07-024 - Related matters. Interim Order - Directs Pacific Bell (Pacific) to make intraLATA equal access, the ability to place local toll calls through another telephone carrier without having to dial additional numbers, available this year to all of its California customers. The date of implementation will be the date that a Pacific affiliate begins competition in the long distance market. An earlier decision authorized intraLATA equal access for subscribers in the GTE California service areas. Establishes the means by which Pacific and other local exchange carriers may recover the costs of introducing the toll call option, and it establishes marketing safeguards intended to encourage vigorous competition and lower consumer costs in providing toll service. With some exceptions, the same rules adopted today also will apply to small and mid-sized local exchange telephone companies throughout California. D97-04-084 A96-03-045 - Mather Field Utilities, Inc. (MFU). MFU having acquired the gas distribution system at the former Mather Air Force Base in Sacramento County, seeks a certificate of public convenience and necessity to become the exclusive gas distribution utility serving Mather Field as it converts to civilian use. Authorizes MFU service to the 5,700 acre site, excepting McClellan Hospital, which remains under Air Force control. Directs Pacific Gas and Electric Company to continue serving two housing areas on the base until parties resolve questions of ownership of distribution facilities at those locations. This proceeding is closed. D97-04-085 A92-10-017 - San Diego Gas & Electric Company (SDG&E). To establish an experimental performance-based ratemaking mechanism. Suspends the requirement that SDG&E file a general rate case application for the 1999 test year. D97-04-086 R95-04-043 - Order instituting rulemaking into competition for local exchange service. I95-04- 044 - Related matter. Grants motion of GTE California Incorporated (GTEC) to file a reply. Grants request of GTEC for authority to establish a memorandum account, not to exceed $727 million, to track for possible future recovery the dollars it will ask to recover in the application permitted by D9609089. D97-04-087 A96-11-019 - Pacific Gas and Electric Company (PG&E). For authority to sell an undivided interest in two natural gas transmission lines to the Sacramento Municipal Utility District (SMUD) pursuant to PU Code { 851. Authorizes the sale of a 3.57% interest in PG&E Line 300, and a sale of a 4.98% interest in Line 401 to SMUD. Both sales will generate a gain to PG&E. One hundred percent of the gain from Line 300 will benefit ratepayers; 100% of the gain from Line 401 will benefit shareholders. On line 401, the risk of revenue recovery is on the shareholders, so gains should accrue to shareholders. This proceeding is closed. D97-04-088 C97-03-046 - Insulation Contractors Association v Pacific Gas and Electric Company (PG&E). In a complaint with a request for a temporary restraining order (TRO) filed by a trade association against PG&E asserting violation of Commission policy (as set forth in Energy Associates vs. PG&E (1993) 48 CPUC2d 72, requiring dissemination of "material information" to all prospective bidders to sustain competitive market mechanisms for utility procurement in which ratepayer dollars are to be expended)in the administration by Richard Heath & Associates (Heath) (PG&E's competitively selected contractor) of the 1997 Energy Partners Program, the Commission finds no violation of either law or Commission policy, concluding that the real objections lie in the bid price cap imposed by Heath on cost of individual weatherization and education elements in the program which assertedly deterred some high cost contractors from bidding. Denies a TRO and dismisses the complaint for failure to have shown at hearing any violation of law or any act done in violation of a Commission order or rule. This proceeding is closed. D97-04-089 C93-11-012 - Morris and Gloria Sobhani, Sherine Sobhani, Paree Sobhani, Stephani Sobhani, Stephen Sobhani v Pacific Gas and Electric Company. Denies Application for Rehearing of D96-09-012, which denied the complaint in C93-11-012, concluding among other things that no further review of Pacific Gas & Electric's proposed Cabrillo Substation was required. The Application requests rehearing before a different Administrative Law Judge. D97-04-090 R95-04-043 - Order instituting rulemaking into competition for local exchange service. I95-04- 044 - Related matter. Grants limited rehearing of application of California Association of Long Distance Carriers, AT&T Communications of California Inc., MCI Telecommunications Corp., GTE California Inc. (GTEC) and Pacific Bell (Pacific) of D96-03-020 for the purpose of using a uniform discount for residential service based upon company-wide average avoided cost. Modifies Ordering Paragraphs 4, 5 and 6 of D96-03-020 as follows: For residential customers, Pacific and GTEC shall establish wholesale tariff rates equal to their current residential IMR and 1FR retail rates with an adjustment for avoided retailing costs of 17% for Pacific and 12% for GTEC. Denies all other issues raised in rehearing application. 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. 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. 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. EXECUTIVE ORDERS SIGNED 5/02/97 D97-05-001 C96-10-009 - Lee A. Johnson v The Gas Company. Dismissed upon written and unopposed request of complaint. D97-05-002 C91-02-075 v Toro Water Service, Inc. Dismissed upon written and unopposed request of all parties. R E S O L U T I O N S 4/23/97 ALJ-173 Adopts procedures for the expeditious processing of applications for financing orders pursuant to Public Utilities (PU) Code Section 841(a), as required by PU Code Section 841(e). Adopted. L-253 Recommend action to release draft material requested by San Luis Obispo County pursuant to the California Public Records Act (CPRA). The document requested, referred to as the "Bookmark ADEIR", was prepared in the electric restructuring proceeding. In the unusual circumstances of this case the public interest in disclosing the Bookmark ADEIR is equal to the public interest in its non-disclosure; thus the CPRA compels its release. Adopted, except for Appendix 7, located in Volume Two.. SR-89 Resolution apportioning railroad crossing protection maintenance costs between the railroads and the cities and counties. (Supplemental for the Niles Canyon Railway, Union Pacific Railroad Company and McCloud Railway Company). Adopted. SR-90 Resolution amending Resolution SR-88, which apportioned railroad crossing protection maintenance costs between the railroads and the cities and counties. Adopted. T-15999 Advice Letter 247 of Evans Telephone Company (Evans). General rate case filing in compliance with D94-09-065, Ordering Paragraph No. 45 and Section 454 of the Public Utilities Code. This resolution requires Evans to reduce its rates by $618,830 or 16.57% effective January 1, 1997, adopts a 10.0% rate of return on intrastate rate base, and requires Evans to file an advice letter to reduce rates and implement refund for overcollections from January to May, 1997. Adopted. T-16000 Advice Letter 408 of GTE West Coast Incorporated (GTEWC). General rate case filing in compliance with D94-09-065, Ordering Paragraph No. 45 and Section 454 of the Public Utilities Code. This resolution requires GTEWC to reduce its intrastate rates by $276,916 or 3.2% effective January 1, 1997, adopts a 10.0% overall rate of return, and requires GTEWC to file an advice letter to reduce rates and implement refunds for overcollections from January to May, 1997. Adopted. T-16001 Advice Letter 158 of Happy Valley Telephone Company (Happy Valley). General rate case filing in compliance with D94-09-065, Ordering Paragraph No. 45 and Section 454 of the Public Utilities Code. This resolution requires Happy Valley to reduce its rates by $44,995 or 4.39% effective January 1, 1997, adopts a 10.0% rate of return on intrastate rate base, and requires Happy Valley to file an Advice Letter to reduce rates and implement refunds for overcollections from January to May, 1997. Adopted. T-16005 Advice Letter 220 of Ponderosa Telephone Company (Ponderosa). General rate case filing in compliance with D94-09-065, Ordering Paragraph No. 45 and Section 454 of the Public Utilities Code. This resolution requires Ponderosa to reduce its intrastate revenues by $729,814 or 7.49% effective January 1, 1997, adopts a 10% overall rate of return, reduces access rates, and requires Ponderosa to file an Advice Letter to eliminate the 8.57% surcharge and the mileage rates. Ponderosa is to file an advice letter identifying the ratemaking effects of pay telephone deregulation (per FCC Docket 96-388). Adopted. T-16006 Advice Letter 225 of Siskiyou Telephone Company (Siskiyou). General rate case filing in compliance with D94-09-065, Ordering Paragraph No. 45 and Section 454 of the Public Utilities Code. This resolution requires Siskiyou to reduce its rates by $409,516 or 6.67% effective January 1, 1997, adopts a 10.0% overall rate of return, and requires Siskiyou to file an Advice Letter to reduce rates and implement refunds for overcollections from January to May, 1997. Adopted. T-16008 Advice Letter 64 of Winterhaven Telephone Company (Winterhaven). General rate case filing in compliance with D94-09-065, Ordering Paragraph No. 45 and Section 454 of the Public Utilities Code. This resolution requires Winterhaven to increase its intrastate rates by $144,774 or 15.9% effective January 1, 1997, adopts a 10.0% overall rate of return, and requires Kerman to file an Advice Letter to handle the revenue effects of its Advice Letter no. 75 detariffing payhone services. Adopted. T-16018 All carriers offering residential basic telephone services. Order establishing a customer self- certification process for the California High Cost Fund B (CHCF-B) under requirements of D96- 10-066. This resolution is prepared in compliance with D97-01-020, the Universal Service proceeding. Adopted. T-16020 Advice Letter 18654 of Pacific Bell (Pacific). Request for approval of an interconnection agreement between Cal-One Cellular, L.P. and Pacific pursuant to { 252 of the Telecommunications Act of 1996. Granted. T-16021 Advice Letter 18669 of Pacific Bell. Request for approval of an interconnection agreement between AirTouch Cellular, on behalf of itself and its affiliates Los Angeles SMSA Limited Partnership, Sacramento-Valley Limited Partnership, and Modoc RSA Limited Partnership and Pacific Bell pursuant to { 252 of the Telecommunications Act of 1996. Granted. T-16022 Advice Letter 18671 of Pacific Bell. Request for approval of an interconnection agreement between Los Angeles Cellular Telephone Company and Pacific Bell pursuant to { 252 of the Telecommunications Act of 1996. Granted T-16023 Advice letter 18736 of Pacific Bell. Request for approval of Amendment No. 1 to an interconnection agreement between Cox California Telcom and Pacific Bell pursuant to { 252 of the Telecommunications Act of 1996. Granted. T-16025 Advice Letters (AL) 18693, 18694, 18695, 18696, 18697 and 18705 of Pacific Bell (Pacific). Request for approval of interconnection agreements between Pacific and Fresno MSA Limited Partnership, Pacific and GTE Mobilnet of California Limited Partnership, Pacific and California RSA No. 4 Limited Partnership, Pacific and GTE Mobilnet of Central California Incorporated, Pacific and GTE Mobilnet of Santa Barbara Limited Partnership, and Pacific and Contel Cellular, Inc., GTE Mobilnet Incorporated, GTE Mobilnet of Oregon Limited Partnership, and GTE Mobilnet of Northwest Oregon Limited partnership as tenants in common pursuant to { 252 of the Telecommunications Act of 1966. Granted. TL-18793 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-18794 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. 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). 5/9/97 A96-10-038 10:00 am Pacific Enterprises; Enova Corporation; Mineral Energy Company, et al., Motion of IID, SCPPA, City of Vernon, Southern California Edison Company, SCUPP, Enron, and IBEW Locals 18 & 47 to Compel Discovery, ALJ Barnett, Presiding 5/13/97 9:30 am NONE SCHEDULED 5/20/97 9:30 am NONE SCHEDULED 5/27/97 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 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 California Code of Regulations, Telephone Prehearing Conference 5/12/97 10:30 am ALJ Barnett C97-04-042 (ECP)-Richard Beagle vs. Pacific Bell, for Comr Duque refusal to refund $3,000 in improper telephone billing charges, Commission Courtroom, Los Angeles 5/13/97 9:00 am ALJ Bennett I97-04-045 (EH)-Commission Order Instituting Comr Duque Investigation into the operations and practices of Brittan Communications International, Inc., to determine whether the entity unlawfully switched subscriberes' primary interexchange carrier without the subscriber's authorizaion, in violation of Public Utilities Code Section 2889.5, Commission Courtroom, San Francisco (also May 14, San Francisco) 5/13/97 10:00 am ALJ Pulsifer R93-04-003 (PHC)-Commission Order Instituting Rulemaking on ALJ McKenzie Commission's own motion to govern open access to Comr Conlon bottleneck services and establish a framework for Comr Duque network architecture development of dominant carrier networks; and I93-04-002 (PHC)-Commission Order Instituting Investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks, and R95-04-043 (PHC)-Rulemaking on the Commission's own motion into competition for local exchange service, and I95-04-044 (PHC)-Investigation on the Commission's own motion into competition for local exchange service, Commission Courtroom, San Francisco 5/15/97 9:30 am ALJ Minkin A96-08-001 (PHC)-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 (PHC)-San Diego Gas & Electric Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-007 (PHC)-Southern California Edison Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-070 (PHC)-Pacific Gas and Electric Company, to establish the competition transition charge, and A96-08-071 (PHC)-Southern California Edison Company, to estimate transition costs and establish a transition cost balancing account, and A96-08-072 (PHC)-San Diego Gas & Electric Company, to estimate transition costs and establish a transition cost balancing account (Phase 2), Commission Courtroom, San Francisco 5/15/97 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 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 (Reasonableness Phase), 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 Bennett C97-04-053 (ECP)-Ahmed Mohamed Hassan vs. Pacific Gas and Comr Bilas Electric Company, for overcharging, Commission Courtroom, San Francisco 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 5/27/97 1:00 pm ALJ Careaga A97-02-005 (PHC)-Pacific Gas and Electric Company, for Comr Bilas authority to change core procurement ratees on a monthly basis, 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 ALJ 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) 5/30/97 10:00 am ALJ Mattson A9I5-05-030 (PHC)-Roseville Telephone Company, for authority Comr Conlon to increase its intrastate rates by $26,890,729 effective 1/1/96 and adopt the new regulatory framework proposal, and I95-09-001 PHC)-Commission Order Instituting Investigation into the rates, charges, service, practices, and regulation of Roseville Telephone Company, Commission Courtroom, San Francisco 5/30/97 1:30 pm ALJ Mattson A97-01-037 (PHC)-Roseville Long Distance Company, a Comr Bilas California Corporation, for a Certificate of Public Convenience and Necessity to provide interLATA and intraLATA telecommunications services, Commission Courtroom, San Francisco 6/2/97 10:00 am ALJ Bushey I97-04-044 (PHC-EH)-Commission Order Instituting Comr Neeper Investigation into the opeations and practices of L. D. Services, doing business as Long Distance Services, to determine whether the entity unlawfully switched subscribesrs' primary interexchange carrier without the subscriber's authorization, in violation of Public Utilities Code Section 2889.5, Commission Courtroom, San Francisco (also June 3 and 4, San Francisco) 6/3/97 10:00 am ALJ Ryerson A96-08-039 (EH)-Southern California Edison Company, for Comr Knight expedited and ex parte approval of proposed settlement and poewr purchase agreement restructuring, Commission Courtroom, San Francisco (also June 4 and 5, San Francisco) 6/4/97 10:00 am ALJ Barnett C97-04-060 (ECP)-Barry W. Reed vs. Southern California Gas Company, for incorrect filling and overcharges in the amount of $259.98, Commission Courtroom, Los Angeles 6/6/97 9:00 am ALJ Bushey I97-01-011 (PHC)-Commission Order Instituting Investigation Comr Neeper on the Commission's own motion into the operations, practices, and conduct of Donald Blakstad, an individual, Inter Continental Telephone Corporation, CTN Telephone Network, International Telecommunications Corporation, dba Total Communications Network, and all affiliate companies in which Donald Blakstad has an ownership interest, that are providing telecommunications services, to determine whether they have complied with the laws, rules, regulations, and applicable tariff provisions governing the manner in which consumers are switched from one long distance carrier to another, and other requirements for long distance carriers, Commission Courtroom, San Francisco 6/11/97 9:30 am ALJ Garde A96-12-048 (EH)-Arcadia Transit, Inc., dba SuperShuttle of Comr Neeper San Fernando Valley, to extend its passenger stage authority to include certain portions of Ventura and Santa Barbara Counties, Commission Courtroom, 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 6/13/97 10:00 am ALJ Patrick C96-12-005 (EH)-Lew A. Garbutt vs. Pacific Gas and Electric Comr Duque Company, for failing to provide information regarding overhead electrical service, Electric Department Conference Room, 2556 Heather Lane, Redding 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 6/17/97 1:00 pm 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 6/17/97 7:00 pm ALJ Walker C96-10-023 (PHC)-Sonia L. Gill, et al., vs. Pacific Bell, Comr Duque for incorrect area code designations and improper toll call charges, Yorkville Community Center, 25400 Highway 128, Yorkville 6/19/97 1:00 pm ALJ Patrick A94-12-005 (OA)-Pacific Gas and Electric Company, for Comr Conlon authority to decrease its rates and charges for electric and gas service and increase rates and charges for pipeline expansion service, Test Year 1996 General Rate Case (Rate Design Window Proceeding), Commission Courtroom, San Francisco 6/20/97 9:00 am 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 a Quorum of the Commission, Commission Courtroom, San Francisco 6/23/97 10:00 am ALJ Barnett A91-05-050 (EH)-Southern California Edison Company, to Comr Fessler revise its Energy Cost Adjustment Clause (ECAC), and to review the reasonableness of its operations 4/1/90-3/31/91, (Reasonableness of the Amended and Restated Power Purchase Contract between Edison and Mojave Cogeneration Company) Commission Courtroom, San Francisco (also June 24-27, San Francisco) 7/14/97 9:00 am ALJ Mattson A90-09-043 (EH)-GTE Corporation, to merge into Contel Comr Duque Corporation and GTE becoming the parent company, and A95-12-006 (EH)-Contel of California, to restructure intrastate rates and charges, for a general rate increase of $45,324,000 per year, based on an overall rate of return on rate base of 12.05% for test year ending 12/31/97, and to implement a new regulatory framework for telephone service, and I96-03-021 (EH)-Commission Order Instituting Investigation into the rates, charges, service, and practices, and regulation of Contel of California, Inc., Commission Courtroom, San Francisco (also July 15-18, San Francisco) 7/14/97 10:00 am ALJ Barnett A96-10-038 (EH)-Pacific Enterprises, Enova Corporation, Comr Duque Mineral Energy Company, B Mineral Energy Sub, and Comr Neeper G Mineral Sub, for approval of a plan of merger of Pacific Enterprises and Enova Corporation with and into B Mineral Energy Sub (Newco Pacific Sub) and G Mineral Energy Sub (Newco Enova Sub), the wholly owned subsidiaries of a newly created holding company, Mineral Energy Company, Commission Courtroom, San Francisco (also July 15-18, 21-25, 28-31, and August 1, San Francisco) MISCELLANEOUS TRANSPORTATION ITEMS 05/09/97 Filings with Safety and Enforcement 05/05/97 TCP-11065-C William N. and Robin M. Center, P.O. Box 890, Lotus, CA 95651, Tel. No. (916) 622-8672, terminal address: 5461 Bassi Road, Lotus, CA 95651, application for new TCP Class C Certificate NEW FILINGS 04/28/97 C97-04-065 Southern California Edison Company vs. California Cable Television Association, for unauthorized installation of pole attachments 05/02/97 A97-05-010 Southern California Edison Company and Southern California Water Company, for an order modifying the boundary line separating their respective service areas 05/05/97 A97-05-011 PacifiCorp, for approval of transmission plan 05-06-97 C97-05-008 Harold L. Richardson, et al. vs. Apple Valley Ranchos Water Company and Southern California Water Company, for overcharges on water services 05/07/97 C97-05-009 ECP - Betty Dolores Moore vs. Pacific Gas and Electric Company, for incorrect billing 05/07/97 C97-05-012 Robert and Lorraine Cooke, and Marian and Sheldon Bramlett vs Arrowhead Manor Water Company and Lance Johnson, to repair the water supply system PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 05/05/97 A94-03-029 Citizens Telecommunications Company, for a certificate of public convenience and necessity authorizing resale of interLATA intrastate telecommunications services; Petition for modification of D94-11-070 by Citizens Telecommunications Company DRAFT DECISIONS/PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS 5/8/97 A94-12-006 Application of Southern California Gas Company (U 904 G) Under the Catastrophic Event Memorandum Account (CEMA) for Recovery of Costs Related to the Northridge Earthquake, Proposed Decision of ALJ Malcolm 5/8/97 I96-02-043 Investigation on the Commission's own motion into the operations, practices, and conduct of Communication Telesystems International and Edward S. Soren, President of Communication Telesystems International 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 company to another, and other requirements for long distance carriers; Revised Proposed Decision of ALJ Bushey; comments must be filed and served not later than 12 noon, May 16, 1997 NEW SETTINGS 5/30/97 1:30 pm ALJ Mattson A97-01-037 (PHC)-Roseville Long Distance Company, a Comr Bilas California Corporation, for a Certificate of Public Convenience and Necessity to provide interLATA and intraLATA telecommunications services, Commission Courtroom, San Francisco 6/13/97 10:00 am ALJ Patrick C96-12-005 (EH)-Lew A. Garbutt vs. Pacific Gas and Electric Comr Duque Company, for failing to provide information regarding overhead electrical service, Electric Department Conference Room, 2556 Heather Lane, Redding 6/17/97 7:00 pm ALJ Walker C96-10-023 (PHC)-Sonia L. Gill, et al., vs. Pacific Bell, Comr Duque for incorrect area code designations and improper toll call charges, Yorkville Community Center, 25400 Highway 128, Yorkville 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 May 9, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) REGULAR COMMISSION MEETINGS May 21, 1997, (10:00 am) 1500 - 11th Street, Secretary of State Auditorium Sacramento June 11, 1997, (10:00 am) San Francisco June 25, 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. ALL PARTY MEETING A.92-12-043, et al PG&E "GAS ACCORD" 1:30 pm to 3:30 pm May 14, 1997 California Public Utilities Commission 505 Van Ness Avenue Hearing Room A San Francisco A notice of "All Party Meeting" has been filed with the Commission's Docket Office on Tuesday, April 29, 1997 by Commissioner Richard A. Bilas. Copies may be obtained from the Central Files office or from the Commission's website. It is possible that more than 2 Commissioners will be present at this all party meeting. PUBLIC MEETING 9:30 am to 11:30 am May 14, 1997 California Public Utilities Commission 505 Van Ness Avenue Room 4206 San Francisco (Corner of Van Ness Ave. and McAllister St.) The Interim Committee for the California High Cost Fund A, (CHCF-A), Fund B, (CHCF-B) and the California Teleconnect Fund (CTF) will hold a meeting to discuss administrative matters and to review legal documents for these funds. The contact person is Michael C. Amato at (415) 703-1863. 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 May 13, 1997 Commissioner Henry Duque 2 pm - 4 pm Selwin 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 4, 1997 Commissioner Henry Duque 10 am - 12 pm Community Meeting Center Heritage Room 11300 Stanford Ave. Garden Grove June 5, 1997 Commissioner Josiah L. Neeper 9 am - 12 pm City Hall, Council Chambers Conference Room 73510 Fred Waring Dr. Palm Desert June 5, 1997 Commissioner Richard A. Bilas 1 pm - 4 pm City Hall, Room 1 416 No. Franklin St. Fort Bragg June 12, 1997 Commissioner Henry M. Duque 2 pm - 4 pm City of Modesto, Parks & Recreation Department Court level conference room 801 11th St. Modesto June 16, 1997 Commissioner Jessue J. Knight Jr. 9 am - 12 pm City Hall, City Managers Conference Room 1 City Hall Plaza Oakland June 18, 1997 Commissioner Josiah L. Neeper 9 am - 12 pm State Office Building 107 S. Broadway, Room 5109 Los Angeles June 26, 1997 Commissioner Jesse J. Knight Jr. 9 am - 12 pm City Hall Council Chambers 415 So. Ivy Ave. Monrovia June 27, 1997 Commissioner Jesse J. Knight Jr. 9 am - 12 pm San Ysidro Senior Center 215 East Park St. San Ysidro June 30, 1997 Commissioner Richard A. Bilas 1 pm - 4 pm Veterans Affairs Bldg. 1227 O St., Room 404 Sacramento For further information or to make an appointment, please contact Sandra Graham at (213) 897-3544. PUBLIC MEETING Independent Board For Energy Efficiency Programs 2 pm - 5 pm May 14, 1997 9 am - 4 pm May 15, 1997 9:30 am - 4 pm (NEW TIME) May 19, 1997 California Public Utilities Commission Room 4100 (5/14) Room 4000 (5/19) 505 Van Ness Avenue San Francisco PG&E RESOURCE CENTER (5/15 - 851 Howard) (NEW LOCATION) 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 Governing Board For Low Income Assistance Programs 10 am - 4 pm May 14, 1997 California Public Utilities Commission Room 4000 505 Van Ness Avenue 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 Governing Board for Low-Income Assistance Programs 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. WORKSHOP NOTICE R.95-01-020/I.95-01-021 Universal Service Auction Mechanism Rules for California High Cost Fund 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. PUBLIC MEETING 9 am - 5 pm May 9, 1997 Deaf and Disabled Telecommunications Program Conference Center 1939 Harrison Street, #555 Oakland The Deaf and Disabled Telecomunications Program Administrative Committee will meet on this date to develop their response comments to the audit report developed by AUC Management Consultants (as ordered by the California Public Utilities Commission) regarding the Deaf and Disabled Telecommunications Program. No operational or financial issues will be discussed. PUBLIC MEETING 10 am - 4 pm May 16, 1997 Deaf and Disabled Telecommunications Program Conference Center 1939 Harrison Street, #555 Oakland The California Relay Service Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. PUBLIC MEETING 2 pm - 4 pm May 16, 1997 Offices of Graham & James LLP Third Floor Reception Area 1 Maritime Plaza (Clay Street at Front Street) San Francisco The California High Cost Fund A (CHCF-A) Trust Administrative Committee will hold its fourth meeting of 1997. The contact person is Jean Boettger at (415) 542-1949. PUBLIC MEETING 9:30 am - 11:30 am May 19, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3212 San Francisco The Administrative Committee of the Universal Lifeline Telephone Service Trust will hold its regular monthly meeting. This meeting can be accessed via teleconference call; however, please provide a 10-day notification prior to the meeting. For a copy of the agenda or more information, contact Terry Wilson-Gray at (510) 452-2757. PUBLIC MEETING 10 am to 1 pm May 20, 1997 California Public Utilities Commission 505 Van Ness Avenue at McAllister Street, Room 5305 San Francisco The Consumer Education Advisory Panel (CEAP), appointed by the Executive Director pursuant to D.97-03-069 to assist the Commission in evaluating the Consumer Education Plan for Electric Restructuring, will meet to discuss initial organization, administrative matters, and a workplan. This meeting is open to the public. The contact person is Geoffrey Meloche at (415) 703-3372 (jeff.meloche@cpuc.ca.gov). WORKSHOP NOTICE MERGERS AND ACQUISITIONS OF WATER COMPANIES May 20 & 28, 1997 10 am - 3 pm (continuing to May 29, if necessary) California Public Utilities Commission 505 Van Ness Avenue, Room 3104 San Francisco The purpose of these workshops is to help the Commission develop a clear set of criteria for evaluating: (1) mergers of regulated water companies; and (2) acquisition of either regulated or unregulated water purveyors by regulated water companies. The results of the workshops will be used by the Commission to open an Order Instituting Rulemaking (OIR) for the development of rules to be used in evaluating mergers and acquisitions. Questions regarding the workshop should be directed to John A. Yager at (415) 703-1194. The workshop is open to the public and all facilities are wheelchair accessible. PUBLIC MEETING 10 am - 4 pm May 27, 1997 Deaf and Disabled Telecommunications Program Conference Center 1939 Harrison Street, #555 Oakland The Administrative Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Shelley Bergum at (510) 874-1410 voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. WORKSHOP NOTICE R94-04-031/I94-04-032 10 am May 27, 1997 and 9 am May 28, 1997 California Public Utilities Commission 505 Van Ness Avenue, Training Room San Francisco The Energy Division will conduct a workshop, as directed by the Ruling of April 30, 1997, to discuss the establishment of a generic method to review Qualifying Facility (QF) contract modifications. For more information, contact Wade McCartney via e-mail, at wsm@cpuc.ca.gov; facsimile, at (415) 703-2200; or telephone, at (415) 703-2167. PUBLIC MEETING 10 am - 4 pm June 3, 1997 Deaf and Disabled Telecommunications Program Conference Center 1939 Harrison Street, #555 Oakland The Administrative Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Shelley Bergum at (510) 874-1410 voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. ============================================================================ 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. 05/07/97 A92-12-043 Pacific Gas and Electric Company, for an order to increase the maximum cost specified in PG&E's Certificate of Public Convenience and Necessity to Construct the California portion of the expansion of its Natural Gas Pipeline, and A93-03-038 Pacific Gas and Electric Company, to establish interim rates for the California portion of the expansion of Pacific Gas Transmission Company's and PG&E's Canada-to-California Natural Gas Pipeline Project, and A94-05-035 Suncor, Inc., for rehearing of Resolution G-3122, and A94-06-034 El Paso Natural Gas Company, for rehearing of Resolution G-3122, and A94-09-056 Pacific Gas and Electric Company, for a finding that the $812.8 million of capital costs incurred in the construction of the PG&E Pipeline Expansion Project and the initial pipeline expansion operating expenses are reasonable, and A94-06-044 Pacific Gas and Electric Company, for amortization of interstate transition cost surcharge account and approval of rates on an ex parte basis, 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 May 5, 1997, Theresa Mueller, of the Utility Reform Network (TURN) met with Cmmr. Bilas in San Francisco. Also present were: Julie Halligan, advisor for Cmmr. Bilas; Michel Florio, Matthew Brady, counsel for the Department of General Services for the Stated of California (DGS); Patrick Power of TURN; Evelyn Elsesser, attorney for Indicated Producers; John Leslie, attorney for Suncor and Enserch; Mark Pocta of the Commission's Office of Ratepayer Advocates; Keith McCrea, attorney for CIG/CMA; Colin Cushnie and Doug Porter of Southern California Edison Company; and Jack Jenkins-Stark, Joshua Bar-Lev, Hal LaFlash, and Kristel Frank of Pacific Gas and Electric Company (PG&E). Mueller provide a handout entitled "Elements of Gas Accord Settlement" (attached to the notice). TURN stated that the reasons for its opposition to the Gas Accord has been stated to PG&E many times, both in person and in writing. TURN stated that the market structure adopted or northern California should retain incremental ratemaking for Line 401 and ensure that the economic value of Line 40o is retained by the original system customers who have paid for it in rates over the years. TURN stated that transferring that value to northern shippers was unacceptable. TURN stated that the roll-in provision of the Accord is an issue for core ratepayers even though there is no roll-in of core capacity during the Accord period, since PG&E has promised to propose roll- in for the core at the end of Accord. TURN stated that roll-in of Line 401 would be bad economics and bad public policy. TURN stated that the treatment of Line 300 under the Accord would increase gas costs by over $100 million per year. TURN stated that both the Joint Recommendation and the proposal under discussion were aimed at providing a market structure which minimized gas costs, retained incremental rate treatment of Line 401, retained the economic value of Line 400 for California customers, promoted competition between supply basins, and limited PG&E's ability to harm ratepayers through pursuit of shareholder goals. TURN stated that there was not one perfect market structure, but that the Accord structure did not meet any of the goals articulated by the Commission. TURN stared that its proposal advantages noncore customers by removing ITCS costs from their rates and crediting brokering revenues from Line 400 against their rates. DGS stated that the market structure adopted by the Commission must ensure that customers get the value of Line 400. DGS stated that neither the Gas Accord nor the lengthy litigation which has already taken place would be necessary if Line 401 were a successful pipeline. DGS, TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, ext. 307 05/07/97 A95-06-002 Southern California Gas Company, for authority to adopt its proposed performance-based regulation (PBR) formula which would reduce base rates by approximately $42 million (2.7%) effective 1/1/1997. On May 5, 1997, Theresa Mueller, counsel for the Utility Reform Network (TURN), met with Cmmr. Duque in San Francisco. Michelle Cooke, advisor for Cmmr. Duque, and other parties as named on the attached list were also present. Mueller stated that the proposed decision (PD) was based on both he record and past decisions of the Commission adopting incentive rate mechanisms. Mueller stated that the PD appropriately recognizes four factors specific to Southern California Gas Company' (SoCalGas) which the Commission has not had to consider previously in adopting PBRs for energy utilities: 1) SoCalGas' history of excess earnings; 2) SoCalGas' declining rate base; 3) the proposed merger of pacific Enterprises and Enova; and 4) the Global Settlement. Mueller stated that the PD appropriately accounts for these factors by adopting a higher productivity factor than SoCalGas proposed and by adopting a revenue indexing mechanism rather than a rate index. Mueller stated that the revenue index was consistent with San Diego Gas and Electric Company's PBR and that it would simplify regulation of the merged company to have consistent index formulas. Mueller stated that the base margin reductions adopted by the PD were fully supported by the record and necessary in order to reduce excess costs to customers. Mueller stated that the PD recognizes that SoCalGas was not the only party to the Global Settlement and that SoCalGas should not be able to change basic assumptions of the Global and this point. Mueller stated that the PD correctly rejected SoCalGas' attempt to dismiss the issues raised by TURN as immaterial or unimportant to the Global Settlement. Mueller stated that the Commission should reject the company's attempt to delay. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876 05/07/97 LATE FILED. On May 1, 1997, Elena Schmid, Director of the Commission's Office of Ratepayer Advocates (ORA), met with Cmmr. Knight in San Francisco. Also present were: Michael Amato, ORA Project manager on Southern California Gas Company's PBR proceeding; Gregory Wilson, Assistant Program Manager; Catherine Johnson, ORA Staff Counsel; and other parties as listed on the attached "sign-up sheet." Johnson stated that ORA supports the proposed decision (PD) as a whole; specifically the ratepayer safeguards such as a sharing mechanism and monitoring and evaluation. Johnson stated that ORA does not object to the revenue cap approach. Johnson stated that ORA believes that the rate reduction adopted in the PD should be effective immediately and not delayed until 1/98. Johnson stated that ORA finds the PD to be reasonable and based on the evidentiary record regarding the base margin. Johnson stated that ORA expects to file comments which propose additional details in some areas and which will raise any numerical or calculation errors revealed by its ongoing review. ORA Contact: Susie Toy, Legal Receptionist filed Tel: (415) 703-1858 05/07/97 A97-02-003 Cook Telecom, Inc., for arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. On May 5, 1997, Mark Stachiw, Vice President and Senior Counsel for AirTouch Paging of California (AirTouch Paging), spoke with Cmmr. Conlon in San Francisco. Also present were: Jose Jimenez, advisor for Cmmr. Conlon; David Wilson and David Simpson, representing Cook Telecom; and Mike Donnell of PageNet. Stachiw stated that AirTouch Paging believes that the Arbitrators' report is contrary to the law. Stachiw stated that paging networks are like other telecommunications networks since they send traffic by an between various connecting networks and therefore, are entitled to reciprocal compensation. Stachiw stated that if the Commission is not prepared to issue a decision upholding paging carriers' rights to compensation then it could refuse to adopt a decision and seek the assistance of the AirTouch FCC. Paging Contact: Celeste Crystal filed Tel: (415) 658-2059 05/08/97 A95-06-002 Southern California Gas Company, for authority to adopt its proposed performance-based regulation (PBR) formula which would reduce base rates by approximately $42 million (2.7%) effective 1/1/1997. On May 5, 1997, Warren Mitchell, President of Southern California Gas Company (SoCalGas), and met separately with Cmmrs. Duque and Knight in San Francisco. Also present at the first meeting with Cmmr. Duque were: Michelle Cooke, advisor for Cmmr. Duque; Julie Halligan, advisor for Cmmr. Bilas; Debra Reed, Senior Vice President for SoCalGas; Mark Sweeney, Director, Competitive Transition of SoCalGas; Andrew Rea, Vice President of Pacific Enterprises Energy Services (Pacific Enterprises); Claudine Swartz, Regulatory Analyst of Pacific Enterprises; and other parties as indicated on the attached list. Present at a second meeting with Cmmr. Duque were: Michelle Cooke, advisor for Cmmr. Duque; Debra Reed, of SoCalGas; and Andrew Rea, of SoCalGas. Present at the meeting with Cmmr. Knight were:Dorothy Duda, advisor for Cmmr. Knight; Debra Reed, of SoCalGas; and Andrew Rea, or SoCalGas. Mitchell stated that the productivity factor in the proposed decision (PD) was unrealistically high. Mitchell stated that the combined huge reductions in starting base margin coupled with the extremely high productivity factor would require SoCalGas to make large reductions in the numbers of employees in order to achieve their substantial cost reductions. Mitchell stated that this was the case because 70% of the total annual O&M costs are labor and benefits. Mitchell stated that there was no guarantee that SoCalGas' rate base could actually decline during the PBR period because it depends on factors outside of SoCalGas' control, such as housing and business growth. Mitchell stated that rate indexing should be adopted for SoCalGas, and that SoCalGas should be given the flexibility to offer customer-optional and discount rates to its core customers. Mitchell stated that in light of recent Commission decisions and given the industry's progress to a competitive state, a sharing mechanism was acceptable. Rea stated that the PD would unfairly prevent SoCalGas from achieving more productive use of its assets by not authorizing their use even to offer off peak capacity services other than in the retail energy market. Rea stated that SoCalGas had agreed to service and safety guarantees in the PBR believing that it would be allowed to recover an amount in rates adequate to provide that level of service. Reed stated that the PD unreasonable reduced SoCalGas' starting base margin with respect to plant additions made in 1996, including the Customer Information system; buildings and real estate; and other items addressed in SoCalGas' written materials. Mitchell stated that the fact that SoCalGas had earned at or above its authorized ROE for 14 years in a row had benefited customers because SoCalGas' superior performance had been periodically passed through to customers through the rate case process and SoCalGas' earnings history was no reason to adopt a punitive PBR decision. Reed stated that adoption of the PD would have a substantial negative impact of SoCalGas' ability to provide service and on its chances of earning its authorized rate of return. Mitchell stated that SoCalGas had already provided or committed to about $260 million in rate reductions from the 1994 general rate case through PBR implementation. Mitchell stated that the PD unreasonably inflated gas industry productivity of 0.5% to a rate adjustment factor of about 2.4%. Mitchell stated that the PD eliminated all tools for achieving productivity other than cost cutting. Sweeney stated that the stretch factor proposed by SoCalGas compared favorably as a multiple of industry productivity to that in place for the telephone PBR mechanism. Written materials (attache to the notice) were provided consisting of a summarization of the PD as compared to provisions of Commission decisions on Southern California Edison Company's and San Diego Gas and Electric Company's PBRs. A copy of a revised version of one-page of a previous ex parte communication, correcting the sum of reductions in margin previously provided or committed to be SoCalGas to $264.3 million, was provided to Duda, and David Gamson, advisor for Cmmr Neeper. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 05/08/97 A97-02-003 Cook Telecom, Inc., for arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. On May 5, 1997, David Wilson of Young, Vogl, Harlick, Wilson & Simpson, LLP, attorneys for Cook Telecom, Inc. (Cook), met with Cmmr. Conlon in San Francisco. Also present were: Jose Jimenez, advisor to Cmmr. Conlon; David Simpson, attorney for Cook; Tom Cook, President of Cook; Mike Donnell from Paging Network, Inc.; and Mark Stachiw from Air Touch Communications. Written handout (attached to the notice) in support of the parties' position was used. The parties argued that the arbitrator's report conflicts with both the law and the factual realities surrounding paging carriers and urged the Commission to reject the report. Cook Contact: Dawn Marie Taylor filed Tel: (415) 291-1970 05/08/97 On May 5, 1997, David Wilson of Young, Vogl, Harlick, Wilson & Simpson, LLP, attorneys for Cook Telecom, Inc. (Cook), met with Cmmr. Knight in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; David Simpson, attorney for Cook; Tom Cook, President of Cook; and Thomas Ballo, Mary Vanderpan, and R.L. Scholl, for Pacific Bell Written handout (attached to the notice) in support of Cook's position was used. Cook, Wilson and Simpson argued that the arbitrator's report conflicts with both the law and the factual realities surrounding paging carriers and urged the Commission to reject the report. Cook Contact: Dawn Marie Taylor filed Tel: (415) 291-1970 05/08/97 On May 5, 1997, Thomas Ballo, Senior Counsel for Pacific Telesis Legal Group, met with Cmmr. Knight in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; Richard Scholl, Director - Cost Analysis, and Mary Vanderpan, Vice President Regulatory, for Pacific Bell (PacBell); and David Wilson and David Simpson, attorneys for, and Tom Cook, President of, Cook Telecom, Inc. (Cook). A handout (attached to the notice) was used. Ballo stated that PacBell recommends to adopt arbitrator's report in full and explained that it correctly concludes that Cook is not entitled to receive compensation, since there is no mutual and reciprocal exchange of traffic or compensation between the parties. Ballo also noted that the report correctly concludes that Cook's claim of discrimination fails, since no telecommunications carrier receives the compensation from PacBell. Ballo pointed out that the Commission's responsibility under section 252(e)(2)(B) is limited to ensuring that the arbitrated agreement complies with section 252(d) and 251 and the Federal Communications Commission's unstayed regulations prescribed under section 251. PacBell Contact: Tina Gerbasi filed Tel: (415) 542-3350 05/08/97 A97-02-022 San Diego Gas & Electric Company, for authority to change its gas procurement for core customers (GPC) tariff. On May 7, 1997, Mark Ward, Principal Regulatory Project Manager of San Diego Gas and Electric Company (SDG&E) met with Julie Halligan, advisor to Cmmr. Bilas, in San Francisco. Also present was Jim Meyn, Pricing Analyst for SDG&E. Copies of SDG&E's application and of D96-05-071 were used. Ward stated that SDG&E implemented monthly core commodity pricing on 6/1/96, and that D96- 05-071 established a temporary 25 cent per term core commodity price cap. Ward stated that, because of increasing market prices for natural gas, SDG&E invoked the 25 cent per therm cap in November, 1996, and that price cap remains in place in May, 1997. Ward explained that, as a result of the price cap and the high market prices, SDG&E undercollected approximately $30 million, which has been recorded into its core purchased gas adjustment balancing account, and that SDG&E seeks to eliminate the 25 cent price cap in order to reflect the market prices, and recover the undercollected balance. Meyn stated that SDG&E proposed an exemplary 6 cent per therm nonbypassable charge as the mechanism of the undercollection recovery, and to update the calculation at the time of approval of the application. Ward stated that SD&E proposes a two-part commodity rate, with the first part consisting of a market-based commodity cost and the second part - of the non-bypassable charge for a 12-month period. SDG&E Contact: Elizabeth Totah filed Tel: (415) 346-1385 05/08/97 A96-06-029 Southern California Gas Company, for authority to recover shareholder incentives associated with year two of operations for its experimental three-year "Gas Cost Incentive Mechanism" (GCIM) program in the amount of $6,265,382, and A93-10-034 Southern California Gas Company, for authority to establish an experimental gas cost incentive mechanism. On May 5, 1997, Patrick Gileau, an attorney for the Office of Ratepayer Advocates (ORA), spoke with James Hendry, advisor to Cmmr. Conlon. Gileau stated that it was his understanding that a bifurcation of action on remaining portion of the settlement which would modify and extend the existing gas cost incentive mechanism, was the result of a concern over the procedure used by the settling parties in bringing the issue before the Commission. Gileau asserted that that procedure was authorized by the Commission in D94-03-076. Gileau noted that Public Utilities Code section 1708 permits the Commission to modify prior decisions at any time following notice and an opportunity to be heard and that there is nothing in the statute indicating that a petition for modification is the only means of modifying a prior decision. Gileau stated that there are no procedural problems with the settlement and the Commission is free to adopt it as a single package. ORA Contact: Rita Jayin filed Tel: (415) 703-3089 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