ADJOURNMENTS-RESETTINGS-SUBMISSIONS NONE ADVICE LETTER FILINGS To inquire about a filing, call the CACD Energy Branch (703-1093), Telecommunications Branch (703-1889) or Water Branch (703-2028). To protest a filing, mail the original letter/telegram to the Chief of the appropriate branch (i.e., "Chief, CACD [Energy, Telecommunications or Water] Branch"), to be received no later than 20 days after the date the Advice Letter was filed. "effective TBD" means that the date is to be determined by further Commission action. A date listed as "anticipated effective" may be subject to change. An Advice Letter Supplement is not a new filing, and there is no protest period unless indicated. 04/30/97 Water Br 285 SAN JOSE WATER COMPANY, Modify Rule No. 9 to change the monthly billing for metered services 5/8" through 2" to bi-monthly basis, and to update the service forms to conform with this change. (anticipated effective 11/01/97) 05/01/97 Energy Br 2585 SOUTHERN CALIFORNIA GAS COMPANY, Kern County Service Area & Delano-West Bakersfield Detail Maps and Service Area Description for Delano-West Bakersfield Service Are. (effective TBD) 05/01/97 Telecom Br 206-A DUCOR TELEPHONE COMPANY, Supplements A.L. No. 206, Make text changes per D.97-04-035 (effective TBD) 05/01/97 Telecom Br 179-B HAPPY VALLEY TELEPHONE CO., Supplements A.L. No. 179, New toll restriction feature and clarify an existing feature (effective TBD) 05/01/97 Telecom Br 157-B HORNITOS TELEPHONE COMPANY, Supplements A.L. No. 157, New toll restriction feature (effective TBD) 05/02/97 Telecom Br 20 ICG TELECOM GROUP, INC., Rate reduction of Message Telecommunications Service (effective TBD) 05/02/97 Telecom Br 18809 PACIFIC BELL, Provide 12 strands of 62.5 multimode fiber (effective TBD) 05/02/97 Telecom Br 18810 PACIFIC BELL, Provide 12 strands of 62.5 multimode fiber, SEGA (effective TBD) 05/02/97 Telecom Br 18811 PACIFIC BELL, Provide 12 strands of 62.5 multimode fiber (effective TBD) 05/02/97 Telecom Br 18812 PACIFIC BELL, Introduce new product, Private Label Billing Service (effective TBD) 05/05/97 Telecom Br 2 360 LONG DISTANCE, INC., Increase off-peak calling card rate from $0.12 per minute to $0.15 (effective TBD) 05/05/97 Telecom Br 1059-A AT&T COMMUNICATIONS OF CALIFORNIA, INC, Supplements A.L. No. 1059, Introduce an AT&T CustomNet Service IntraLATA Short Haul "P" promotion (effective TBD) 05/05/97 Telecom Br 1060-A AT&T COMMUNICATIONS OF CALIFORNIA, INC, Supplements A.L. No. 1060, Introduce an AT&T customNet service IntraLATA "P" promotion (effective TBD) 05/05/97 Telecom Br 1061 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Modify AT&T SDN, VTNS and Uniplan IntraLATA "Short Haul Mileage" Promotion to include AT&T customNet Service (effective TBD) 05/05/97 Telecom Br 7 EQUALNET CORPORATION (EQUAL NET COMMS), Text changes and relocated material to clarify limitations of liability and billing (effective TBD) 05/05/97 Telecom Br 14 EXCEL TELECOMMUNICATIONS, INC., Introduce a new service (effective TBD) 05/05/97 Telecom Br 8483 GTE CALIFORNIA INCORPORATED, Interconnection Agreement with AT&T Wireless Services Inc. (effective TBD) 05/05/97 Telecom Br 18813 PACIFIC BELL, Customer specific government contract for Centrex (effective TBD) 05/05/97 Telecom Br 18814 PACIFIC BELL, Data Exchange Interconnection Agmt-GTE Cal Inc. (effective TBD) 05/05/97 Telecom Br 7-A U.S. LONG DISTANCE INC., Supplements A.L. No. 7, Introduce COPT service for Local tariff (effective TBD) 05/06/97 Energy Br 1031E-A SAN DIEGO GAS & ELECTRIC COMPANY, Supplements A.L. No. 1031E, Addition of two new subaccounts to the industry restructuring memorandum account. (effective TBD) 05/06/97 Energy Br 2586 SOUTHERN CALIFORNIA GAS COMPANY, Retail and Wholesale Core Subscription Procurement Charges for May 1997. (effective TBD) 05/06/97 Telecom Br 1062 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce service contract for Accunet Spectrum of Digital Services (effective TBD) 05/06/97 Telecom Br 87 CABLE & WIRELESS INC. (TDX), Restructures and renames Basic Trunk Line, Assured Trunk Line and Local T-1 rates (effective TBD) 05/06/97 Telecom Br 103 FRONTIER COMMUNICATIONS SERVICES, Introduce new flat rates Inbound & Outbound Switched & Dedicated Service (effective TBD) 05/06/97 Telecom Br 6 LONG DISTANCE WHOLESALE CLUB, Changes in Residential Calling Program and mate text changes in the Club Plan Program (effective TBD) 05/06/97 Telecom Br 18815 PACIFIC BELL, Correct regulations that were inadvertently omitted on AL 18608 (effective TBD) 05/06/97 Telecom Br 18816 PACIFIC BELL, Directory Number Cass Forwarding (effective TBD) 05/06/97 Telecom Br 232 SPRINT COMMUNICATIONS COMPANY L.P., Increase rates for various non-PublicFon Operator Service Call Placement charges, increase non-payphone Directory Assistance and make minor text changes (effective TBD) 05/06/97 Telecom Br 233 SPRINT COMMUNICATIONS COMPANY L.P., Increase the Causal Caller Service charge (effective TBD) 05/07/97 Energy Br 1670E PACIFIC GAS & ELECTRIC COMPANY, Submits notice of the relocaiton of a power line in the City of Stockton. (effective TBD) 05/07/97 Energy Br 2587 SOUTHERN CALIFORNIA GAS COMPANY, Implementation of Core Monthly Pricing Per Decision 96-08-037 For May 1997. (effective TBD) 05/07/97 Telecom Br 1063 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a service contract for AT&T SDN service, AT&T Megacom 800 service and AT&T 800 Readyline Service (effective TBD) 05/07/97 Telecom Br 8484 GTE CALIFORNIA INCORPORATED, Addendum to State Toll contract (effective TBD) 05/07/97 Telecom Br 1-A ICS INTELESYS, INC., Supplements A.L. No. 1, Initial filing per D..97-04-007 (effective TBD) 05/07/97 Telecom Br 18801-A PACIFIC BELL, Supplements A.L. No. 18801, Decrease rates for Category II service, Residence Discount Calling Plans - Easy Saver, Saver 60, Saver Plus (effective TBD) 05/07/97 Telecom Br 202 SIERRA TELEPHONE COMPANY, INC., Introduce intraLATA presubscription utilizing full 2 PIC methodology to be effective August 8, 1997 (effective TBD) 05/07/97 Telecom Br 239 THE SISKIYOU TELEPHONE COMPANY, Comply with T-16006 (effective TBD) 05/07/97 Telecom Br 17 UNIDIAL INCORPORATED, Add new services (effective TBD) 05/07/97 Telecom Br 2 WORLD-LINK INC., Make text changes (effective TBD) 05/07/97 Water Br 25 BIG HILL WATER COMPANY, Offset increase in the Consumer Price Index pursuant to Decision 92-03-093. (effective TBD) 05/07/97 Water Br 30 HAWKINS WATER SERVICE, To revise late payment charge in Sch. No. LC, establish the bad check charge in Rule No. 9, and to increase the charges for reconnection of service in Rule No. 11 pursuant to Resolution W-4035, dated April 9, 1997. (effective TBD) 05/08/97 Telecom Br 1059-B AT&T COMMUNICATIONS OF CALIFORNIA, INC, Supplements A.L. No. 1059, Introduce an AT&T CustomNet Service IntraLATA Short Haul "P" promotion (effective TBD) 05/08/97 Telecom Br 1060-B AT&T COMMUNICATIONS OF CALIFORNIA, INC, Supplements A.L. No. 1060, Introduce an AT&T customNet service IntraLATA "P" promotion (effective TBD) 05/08/97 Telecom Br 9 BROOKS FIBER COMMS. OF BAKERSFIELD INC., Compliance with and implementation of the mitigation measures contained in the Negative Declaration approved by D.95-12-057 (effective TBD) 05/08/97 Telecom Br 9 BROOKS FIBER COMMS. OF FRESNO, INC., Compliance with and implementation of the mitigation measures contained in the Negative Declaration approved by D.95-12-057 (effective TBD) 05/08/97 Telecom Br 10 BROOKS FIBER COMMS. OF SACRAMENTO INC., Compliance and implementation of the mitigation measures contained in the Negative Declaration approved by D.95-12-057 (effective TBD) 05/08/97 Telecom Br 10 BROOKS FIBER COMMS. OF SAN JOSE INC., Comply with and Implementation of the mitigation measures contained in the Negative Declaration approved by D.95-12-057 (effective TBD) 05/08/97 Telecom Br 9 BROOKS FIBER COMMS. OF STOCKTON, INC., Compliance with and implementation of the mitigation measures contained in the Negative Declaration approved by d.95-12-057 (effective TBD) 05/08/97 Telecom Br 8478-A GTE CALIFORNIA INCORPORATED, Supplements A.L. No. 8478, Contract Amendment for toll (effective TBD) 05/08/97 Telecom Br 8479-A GTE CALIFORNIA INCORPORATED, Supplements A.L. No. 8479, Contract amendment for toll (effective TBD) 05/08/97 Telecom Br 8485 GTE CALIFORNIA INCORPORATED, Proposed interconnection agreement with NextLink Communications (effective TBD) 05/08/97 Telecom Br 226-A KERMAN TELEPHONE COMPANY, Supplements A.L. No. 226, General rate case filing (effective TBD) 05/08/97 Telecom Br 18817 PACIFIC BELL, Customer specific contract for ATM service (effective TBD) 05/08/97 Telecom Br 18818 PACIFIC BELL, Customer Specific Contract for Cell Relay Service (effective TBD) 05/08/97 Telecom Br 18819 PACIFIC BELL, Customer Specific Contract for Cell Relay Service (effective TBD) 05/08/97 Telecom Br 18820 PACIFIC BELL, Customer Specific Contract for SONET service (effective TBD) 05/08/97 Telecom Br 42 WORLDCOM, INC. (LDDS WORLDCOM), Introduce a new service called Intelenet (effective TBD) 05/08/97 Water Br 30 LUKINS BROTHERS WATER COMPANY, THE, Establish Sch. No. LC, Late Payment Charge and the bad check charge in Rule No. 9, and to increase the charges for reconnection of service in Rule No. 11 pursuant to Resolution W-4035, dated April 9, 1997. (effective TBD) ADVICE LETTER PROTESTS To inquire about a protest, call the Energy Branch (703-1093), Telecommunications Branch (703-1889) or Water Branch (703-2028). To obtain a copy of the protest, please direct your request to the protestor. 04/23/97 Energy Br 1230E SOUTHERN CALIFORNIA EDISON COMPANY, Revision to Preliminary Statement, Part N, Disputed Arizona Property Taxes Memorandum Account, and Arizona Property Tax Settlement Agreement. Protest by The Office of Ratepayer Advocates. 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). 5/13/97 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 5/12/97 11:00 am ALJ Barnett C97-04-059 (ECP)-Barry Harman vs. Pacific Bell, for Comr Knight violations of tariff regulation, incorrect billing, and wrongful disconnection of services, 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 6/4/97 10:30 am ALJ Bennett C97-05-009 (ECP)-Betty Dolores Moore vs. Pacific Gas and Comr Duque Electric Company, for incorrect billing, Office of Governmental Affairs, 1227 O Street, 4th Floor, Sacramento 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 05/12/97 NONE NEW FILINGS 05/01/97 A97-05-017 William S. Wheeler and Jennifer L. Wheeler, dba Black Tie Airport Express, for authority to extend passenger stage service between points in the cities of the Counties of San Joaquin, Alameda and Contra Costa and the Oakland and San Francisco Airports. (7148 Johnson Drive, Pleasanton, CA 94588, (510) 847-0747.) 05/02/97 A97-05-014 Clint E. Kemp, dba West Water Co., to sell and Tom W. and Lorie Beth Johnson to acquire the water system in Sonoma County 05/06/97 A97-05-018 Southern California Edison Company, for for (1) authority to reduce rates effective January 1, 1998; (2) authority to sell or assign transition property to one or more financing entities; (3) authority to service rate reduction bonds on behalf of financing entities; (4) authority to establish charges sufficient to recover fixed transition amounts, and (5) such further authority necessary for Edison to carry out the transactions described in this application 05/07/97 A96-12-060 Second amendment - Comcast Telephony Communicatioins of California, Inc., for a certificate of public convenience and necessity to provide local exchange and intrastate interexchange services on a facilities and resold basis 05/08/97 A97-05-013 Pacific Gas and Electric Company, for an order authorizing the former to sel and convey to the latter a certain parcel of land in Alameda County pursuant to Public Utilities Code section 851 05/08/97 A97-05-015 In Parviz Karmozd and Executive Ride, Inc., for In Parviz Karmozd to acquire and Executive Ride, Inc. to transfer a passenger stage certificate of public convenience and necessity and certain other assets, pursuant to Section 851 et. seq. of the California Public Utilities Code. (In Parviz Karmozd, 4240 Peorte Demerano, No. 67, San Diego, CA 92122, (619) 550-8175; and Executive Ride, Inc., 3235 Hancock St., No. 11, San Diego, CA 92110, (619) 282-1515.) 05/08/97 A97-05-016 Pacific Gas and Electric Company, for authority to (i) establish its authorized rate of return on common equity, (ii) establish its authorized capital structure, and (iii) establish its overall rate of return for calendar year 1998 05/09/97 A97-05-019 SFPP, L.P., for authority to issue promissory notes in an aggregate principal amount not to exceed $20 million, and to secure such notes under existing mortgages or other encumbrances of utility property PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 05/07/97 A96-07-009 Southern California Edison Company, to adopt performance based ratemaking and incentive based ratemaking mechanisms as specified in D95-12-063, as modified by D96-01-009, with related changes in D89-01-040, D92549 and D88-01-063, and A96-07-010 San Diego Gas & Electric Company, for authority to implement a fossil generation performance- based ratemaking mechanism, and A96-07-018 Pacific Gas and Electric Company, for approval of proposed hydroelectric/geothermal performance- based ratemaking (PBR) mechanisms, effective 1/1/98 and to change electric revenue requirements subject to PBR, also effective 1/1/98; Petition for modification of D97-04-042 by Pacific Gas and Electric Company DRAFT DECISIONS/PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS NONE NEW SETTINGS 5/12/97 11:00 am ALJ Barnett C97-04-059 (ECP)-Barry Harman vs. Pacific Bell, for Comr Knight violations of tariff regulation, incorrect billing, and wrongful disconnection of services, Commission Courtroom, Los Angeles 6/4/97 10:30 am ALJ Bennett C97-05-009 (ECP)-Betty Dolores Moore vs. Pacific Gas and Comr Duque Electric Company, for incorrect billing, Office of Governmental Affairs, 1227 O Street, 4th Floor, Sacramento 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 Monday May 12, 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. 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. WORKSHOP NOTICE PRIVATIZATION AND EXCESS CAPACITY OF WATER COMPANIES 10 am - 3 pm June 10 and 11, 1997 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 accounting criteria or a policy of structural separation to differentiate between regulated core business activities and non-regulated endeavors. The workshop will also address policy for profit sharing between ratepayers and shareholders. Results of the workshops will be used by the Commission to open an Order Instituting Rulemaking (OIR) for the development of rules to assure appropriate accounting safeguards are in place to prevent subsidization of non-regulated operations and to allocate profits generated by use of utility facilities for non-regulated operations. 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. ============================================================================ 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. 05/08/97 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. On May 5, 1997, Claudine Swartz, Regulatory Analyst for Southern California Gas Company (SoCalGas), met with James Hendry, advisor for Cmmr. Conlon, in San Francisco. David Gamson, advisor for Cmmr. Neeper, was also present. Swartz stated that the Commission should adopt the stipulation and agreement as written. Swartz stated that the interim opinion should amend year three to match the year two modifications. Swartz stated that SoCalGas has contacted the two protesting parties and that they have not raised issues other than those expressed in the protests. Swartz stated that concerns included gas sales to affiliates and posting of noncore capacity. Swartz stated that SoCalGas will continue conversations with those parties, but noted that many issues raised in the protests were resolved, or will be resolved in various Commission proceedings. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 05/08/97 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. 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, Jack Jenkins-Stark, Senior Vice President and General Manager, Gas Supply, of Pacific Gas and Electric Company (PG&E), met with Cmmr. Bilas in San Francisco. Also present were: Julie Halligan, advisor to Cmmr. Bilas; Mark Pocta, Program and Project Supervisor, the Office of Ratepayer Advocates (ORA); Michel Florio, Theresa Mueller, and Patrick Power, attorneys for TURN; Mathew Brady, attorney for the Department of General Services; John Leslie, attorney for Suncor and Enserch; Keith McCrea, attorney for the California Industrial Group and the California Manufacturers Association; Evelyn Elsesser, attorney for Amoco Production Company (Amoco); Colin Cushnie, Manager of Gas Contracts, and Doug Porter, attorney, Southern California Edison Company; and Joshua Bar-Lev, Chief Counsel for Gas Restructuring, Hal LaFlash, Manager, Gas Business Planning and Development, and Kristel Frank, Director, of PG&E. A handout (attached to the notice) was used. Jenkins-Stark stated that creating benefits for core customers had been one of the objectives of the gas accord settlement (GAS), and that these benefits include significant financial concessions in addition to improving customer choice. McCrea added that the GAS is more favorable for the core than the proposed decision (PD). Bar-Lev stated that a settlement does not set precedents on policy issues. Leslie stated that the GAS is not a full roll-in, but is a compromise, and Suncor is willing to accept it because it rationalizes the market. Elsesser explained that Amoco agrees to support the phase-in proposal. Pocta stated that the risk for core customers is that parties can litigate Line 400 and 401 cost issues. Leslie stated that with TURN's proposal, the rates change every month, and, as a result, a power generator cannot determine its variable gas costs. McCrea added that TURN's proposal is not intended to reflect congestion costs, but to obtain upstream economic rent. Leslie and McCrea indicated that it would be discriminatory to exempt core customers from TURN's proposed structure. Leslie stated that the Commission should not try to influence basin prices thought the adoption of market structures that provide advantages to one supply segment. McCrea stated that TURN's proposed stranded cost recovery mechanism creates a conflict since PG&E would keep the brokering revenues until the ITCS costs are covered. Leslie explained that TURN's proposal produces discriminatory treatment between Canadian suppliers and southwest United States suppliers and that the GAS eliminates the price arbitrage. Elsesser stated that TURN's proposal is missing backbone transmission rates and rate design principles. Jenkins-Stark stated that it also lacks a secondary market. Leslie stated that Enserch objects TURN's proposal. Bar-Lev stated that PG&E is willing to consider an independent procurement organization. LaFlash stated that the market wants a cost-of-service based pipeline with an integrated market and an integrated pipeline. PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 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, Norman Pedersen, representing the Southern California Utility Power Pool and the Imperial Irrigation District (SCUPP/IID), met with Cmmr. Duque in San Francisco. Michelle Cooke, advisor for Cmmr. Duque, and other parties as indicated on the attached "sign-up list" were also present. Pedersen stated that SCUPP/IID supports the proposed decision (PD), however, a few discrepancies need correction. Pedersen stated that the PD should clarify that the revised rates that would result from the PD should take effect as soon as possible, but not later than 6/1/97/. Pedersen stated that interested parties need the PBR decision in order to prepare testimony currently due on 6/2/97 in the pacific enterprises/Enova Corporation merger proceeding. Pedersen stated that SCUPP/IID believes the PD does as good a job as could be done, absent consolidating the PBR case with the merger case, of coordinating the PBR case with the merger case. Pedersen stated that SoCalGas ignores the fact that savings can be realized both through capital costs reductions and operations and maintenance (O&M) reductions, not just O&M reductions alone. SCUPP/IID Contact: Julie Simpson filed Tel: (213) 243-2584 05/09/97 LATE FILED. On May 5, 1997, Bruce Foster, Vice President, Regulatory Affairs of Southern California Edison Company (Edison), met with Cmmr. Neeper in San Francisco. Also present were: David Gamson, advisor to Cmmr. Neeper; and John Hughes, Manager, Regulatory Affairs of Edison. Written material (attached to the notice) was used. Foster stated that Edison supports the proposed decision (PD). Foster stated further that the selection of the X factor is consistent with X factors adopted for the energy utilities. Foster also noted that the delta between Southern California Gas Company's (SoCal) requested base margin and the base margin proposed in the PD is less than the delta between the base margin requested by Edison and the base margin adopted in its performance based ratemaking (PBR). Foster explained that if San Diego Gas and Electric Company and Pacific Enterprises merger and SoCal is allowed their desired rate PBR mechanism, then two different mechanisms would exist for the merged company. Foster noted that SoCal has exceeded its authorized rate of return for the past 14 consecutive years. Hughes stated that Edison's PBR involved transmission and distribution and not generation, and the comparison between its PBR and SoCal's PBR may not be appropriate. Hughes noted that there is a sharing mechanism regarding Edison's leasing of fiber optic cables on its transmission lines. Edison Contact: Bobbie Cao filed Tel: (818) 302-2310 05/09/97 LATE FILED. On May 5, 1997, Bruce Foster, Vice President, Regulatory Affairs of Southern California Edison Company (Edison), participated in an all-party meeting with Cmmr. Duque in San Francisco. Also present were: Michelle Cooke, advisor to Cmmr. Duque; Julie Halligan, advisor to Cmmr. Bilas; John Hughes, Manager, Regulatory Affairs, and Gloria Ing, attorney, of Edison; and other persons listed on the attachment to the notice. Written material (attached to the notice) was used. Foster stated that Edison supports the proposed decision (PD). Foster stated further that the selection of the X factor is consistent with X factors adopted for the energy utilities. Foster also noted that the delta between Southern California Gas Company's (SoCal) requested base margin and the base margin proposed in the PD is less than the delta between the base margin requested by Edison and the base margin adopted in its performance based ratemaking (PBR). Foster asserted that Edison's PBR involved transmission and distribution and not generation, and the comparison between Edison's PBR and SoCal's PBR may not be appropriate. Foster also pointed out that SoCal has exceeded its authorized rate of return for the past 14 consecutive years. Hughes stated that there is a sharing mechanism in place regarding Edison's leasing of fiber optic cables on its transmission lines. Edison Contact: Bobbie Cao filed Tel: (818) 302-2310 05/09/97 LATE FILED. On May 5, 1997, Norman Pedersen, representing the Southern California Utility Power Pool (SCUPP) and the Imperial Irrigation District (IID), met with Cmmr. Duque in San Francisco. Also present were: Michelle Cooke, advisor to Cmmr. Duque; and other attendees listed on the attachment to the notice. Pedersen stated that SCUPP/IID support the proposed decision (PD), however, it should be clarified that the revised rates should take effect no later than 6/1/97. Pedersen also noted that interested parties need the performance- based ratemaking (PBR) decision in order to prepare testimony in the Pacific Enterprises/Enova merger proceeding in A9610038. Pedersen further noted that SCUPP/IID believe this decision provides a clear methodology for reflecting in PRB-based rates whatever the Commission decides are the appropriate savings that should be reflected in the rates as a result of the merger. With respect to the claim that the PD would result in work force reduction, Pedersen asserted that Southern California Gas Company (SoCal) ignores the fact that savings can be realized both through capital cost reductions and operations and maintenance (O&M) reductions, not just O&M reductions alone. Pedersen questioned SoCal's contention that SoCal should be permitted to "continue" to use "off-peak" capacity to provide products and services on an unregulated basis. SCUPP/IID Contact: Julie Simpson filed Tel: (213) 243-2584 05/09/97 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 (attached 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 05/09/97 A96-08-043 Pacific Gas and Electric Company, to restructure and establish natural gas rates; modify its core aggregation and core subscription programs; obtain approval of the principles of a post-1997 core gas procurement incentive mechanism; and obtain approval of principles for disposition of its gas gathering facilities On May 6, 1997, John Leslie, attorney for Suncor, Inc. (Suncor), met with Cmmr. Neeper in San Francisco. Also present was David Gamson, advisor to Cmmr. Neeper. Leslie urged the Commission to reject the proposed decision and to adopt the gas accord settlement (GAS) without change, because it is a settlement among numerous parties representing all interests throughout the Pacific Gas and Electric Company (PG&E) marketplace. Leslie indicated that Suncor is not pleased with all elements of the GAS, yet Suncor supports the GAS as a reasonable compromise of issues and asked the Commission not to pick apart the GAS. Leslie asserted that the GAS is consistent with the Commission's natural gas strategy and provides an agreed upon approach to PG&E's backbone transmission. Leslie added that the GAS does not dictate the rate design methodology for distribution costs, and does not prevent the Commission from shifting from a biannual cost allocation proceeding to a performance based ratemaking approach for PG&E's distribution costs. Suncor Contact: Linda Vitale filed Tel: (619) 235-3536 05/09/97 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 8, 1997, Mark Stachiw, Vice President and Senior Counsel for AirTouch Paging, met with Tim Sullivan, advisor for Cmmr. Duque, in San Francisco. Richard Nelson, Director-Government Relations for AirTouch Communications, was also present. Stachiw stated that AirTouch believes that the Arbitrator's report is inconsistent with the Telecommunications Act of 1996 and the Federal Communication Commission's 8/96 interconnection order. Stachiw stated that the Arbitrator's report misinterprets "reciprocal" which means that both carriers are entitled to reciprocal compensation. Stachiw stated that the FCC was clear in its order that paging companies are entitled to compensation for transport and termination of calls to its network. AirTouch requested that the Arbitrator's report be rejected. A handout (attached to the notice) summarizing AirTouch's position was provided. AirTouch Contact: Celeste Crystal filed Tel: (415) 658-2017 05/09/97 On May 8, 1997, Mark Stachiw, Vice President and Senior Counsel for AirTouch Paging, met with Jose Jimenez, advisor for Cmmr. Conlon, in San Francisco. Richard Nelson, Director-Government Relations for AirTouch Communications, was also present. Stachiw stated that AirTouch believes that the Arbitrator's report is inconsistent with the Telecommunications Act of 1996 and the Federal Communication Commission's 8/96 interconnection order. Stachiw stated that the Commission has a long history of supporting the paging industry and shares responsibility for making the California paging industry one of the most competitive in the United States. Nelson stated that it is important for the Commission to continue to be actively involved in ensuring that paging carriers receive fair and reasonable interconnection rates and terms and conditions regardless of the fact that the Commission no longer regulates one-way paging companies. Stachiw stated that the Commission must at a minimum reject the Arbitrator's report otherwise it will go into effect and mean that Cook Telecom is not compensated for termination of traffic which originates on Pacific Bell's network. A handout (attached to the notice) of AirTouch's position and citations to the 1996 Act and the FCC order was provided. AirTouch Contact: Celeste Crystal filed Tel: (415) 658-2017 05/09/97 On May 8, 1997, Mark Stachiw, Vice President and Senior Counsel for AirTouch Paging, met with Cmmr. Neeper in San Francisco. Also present were: Fassil Fenikile, advisor for Cmmr. Neeper; Richard Nelson, Director-Government Relations for AirTouch Communications; Tom Cook, David Wilson, and David Simpson, representing Cook Telecom, and Mike Donnell, of PageNet. Stachiw stated that AirTouch Paging believes that the Arbitrator's report is inconsistent with the Telecommunications Act of 1996 (Act) and the Federal Communication Commission's 8/96 interconnection order. Stachiw stated that paging companies are CMRS providers which are included in the definition of telecommunications carrier in the 1996 Act which provides for each carrier being entitled to recover its costs associated with the transport and termination of calls that originate on another carrier's network. Stachiw stated that the FCC was clear in its order that paging companies are entitled to compensation for transport and termination of calls to its network. Stachiw requested that the Arbitrator's report be rejected. A handout (attached o the notice) summarizing AirTouch Paging's position was provided. AirTouch Contact: Celeste Crystal filed Tel: (415) 658-2017 05/09/97 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. LATE FILED. On May 5, 1997, Claudine Swartz, Regulatory Analyst of Southern California Gas Company (SoCal) met with James Hendry, advisor to Cmmr. Conlon, in San Francisco. Also present was David Gamson, advisor to Cmmr. Neeper. Swartz urged the Commission to adopt the stipulation and agreement as written, and added that the interim opinion should amend year three to match the year two modifications. Swartz stated further that SoCal has contacted the two protesting parties and that they have not raised issues other than those expressed in the protests. Swartz explained that their concerns included gas sales to affiliates and posting of noncore capacity. Swartz also stated that many issues raised in the protests were resolved, or will be resolved, in various Commission proceeding. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 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