ADJOURNMENTS-RESETTINGS-SUBMISSIONS NONE ADVICE LETTER FILINGS 05/20/97 NONE D E C I S I O N S EXECUTIVE ORDERS SIGNED 5/2/97 >D97-05-003 C97-02-017 - Ceceilia Lonita Hartman v Pacific Bell. For refusal to make installment payment plan arrangements. Dismissed upon written and unopposed request of complainant. COMMISSION MEETING OF 5/6/97 5/06/97 D97-05-004 A96-11-026 - U.S. Long Distance, Inc. For a certificate of public convenience and necessity to operate as a facilities-based competitive local carrier. Granted. This proceeding is closed. D97-05-005 A96-07-033 - American Communications Network, Inc. For a certificate of public convenience and necessity to operate as a reseller of local exchange telecommunications services. Granted. This proceeding is closed. D97-05-006 A97-01-033 - FTS Communications, Inc., dba West Communications. For a certificate of public convenience and necessity to offer resold intraLATA and interLATA telecommunications services. Granted. This proceeding is closed. D97-05-007 A96-08-025 - Americas Conex LLC. For a certificate of public convenience and necessity to offer resold local and interexchange telecommunications services. Grants applicant a certificate of public convenience and necessity to act as competitive local carrier. Although requested, this authority was inadvertently omitted in D97-02-028 issued February 19, 1997. This proceeding is closed. D97-05-008 A88-08-031 - Pacific Bell. For approval to the extent required or permitted by law, of its plan to provide enhanced services. Finds that matters of controversy appear to have been resolved either by Commission or the passage of time; denies any outstanding petitions to modify and motions. This proceeding is closed. D97-05-009 A97-02-013 - TCG San Francisco. For authority to offer interLATA telecommunications services. Granted. This proceeding is closed. D97-05-010 A97-02-014 - TCG Los Angeles. For authority to offer interLATA telecommunications services. Granted. This proceeding is closed. D97-05-011 A97-02-012 - TCG San Diego. For authority to offer interLATA telecommunications services. Granted. This proceeding is closed. D97-05-012 A97-01-042 - San Diego Telecomm, Inc. For a certificate of public convenience and necessity to permit it to resell interLATA and intraLATA telephone services. Granted. This proceeding is closed. D97-05-013 A96-12-006 - ACI Communications, Inc. For a certificate of public convenience and necessity to provide resold interLATA and intraLATA telecommunication services. Granted. This proceeding is closed. D97-05-014 A97-02-018 - International Exchange Networks, Ltd. For a certificate of public convenience and necessity to provide intraLATA and interLATA resold telecommunications services. Granted. This proceeding is closed. D97-05-015 A96-12-003 - Meridian Telecom Corporation. For a certificate of public convenience and necessity to operate as a reseller of intraLATA and interLATA telecommunication services. Granted. This proceeding is closed. D97-05-016 A96-09-030 - Intermedia Communications Inc. For a certificate of public convenience and necessity to operate as a reseller of interexchange telecommunications services. Grants applicant's petition for modification of D96-12-047 requesting an exemption from the tariff requirements of PU Code Sections 454, 489, 491, and 495, and cancellation of its tariffs currently on file with the Commission. This proceeding is closed. D97-05-017 A96-10-006 - Americom Communications, L.L.C. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services as a reseller. Granted. This proceeding is closed. D97-05-018 A96-11-050 - Sprint Spectrum L.P. For a certificate of public convenience and necessity to provide intraLATA and interLATA telecommunication services as a reseller. Granted. This proceeding is closed. D97-05-019 A96-11-024 - POPP Telcom Incorporated. For authority to operate as a nondominant interexchange carrier of interLATA and intraLATA telecommunications services as a facilities based reseller. Granted. This proceeding is closed. D97-05-020 A97-01-004 - Linear Communications Corporation. For authority to operate as a nondominant interexchange carrier of interLATA telecommunications services. Granted. This proceeding is closed. D97-05-021 I89-07-004 - Order instituting investigation on the Commission's own motion to implement the Biennial Resource Plan update following the California Energy Commission's seventh electricity report. Grants the joining parties' amended petition to modify Resolution E-1738 and D82-01-103, D82-12-120, D90-03-060, D91-10-039, D93-04-001, and D96-12-028 with the modifications set forth below. Specifically modifies existing utility reporting requirements relating to the incorporation of qualifying facilities into the utility system. Primary changes include: requiring the utilities to file the Cogeneration and Small Power Production Quarterly Report annually, and in subsequent quarters only if there is new information to report; eliminating the utilities' requirement to file the Incremental Energy Rate Report, the Annual Wheeling Report, and the Spot Firm Capacity Purchases Report; requiring the utilities to file the Negative Avoided Cost and Hydro Spill Condition Report annually for any year in which a negative avoided cost or hydro spill condition occurs; and requiring that utilities make their Avoided Cost Posting on a calendar month basis. D97-05-022 A97-02-009 - Discount Global Communications, Inc. For a certificate of public convenience and necessity to permit it to resell interLATA and intraLATA telephone services. Granted. This proceeding is closed. D97-05-023 A96-08-050 - Excel Telecommunications, Inc. For authority to offer intraLATA telecommunications services as a switchless reseller. Granted. This proceeding is closed. D97-05-024 A96-12-002 - USA Global Link, Inc. For a certificate of public convenience and necessity to applicant, a Delaware corporation qualified to do business in California, to operate as a switchless reseller of interLATA and intraLATA telecommunications services. Granted. This proceeding is closed. D97-05-025 A96-10-027 - Clarity Telecom LD Network Services, Inc. For authority to offer interLATA and intraLATA telecommunications services as a switchless reseller and to transfer the customer base of Executone Information Services, Inc. Granted. This proceeding is closed. D97-05-026 A97-02-001 - DeltaCom, Inc., dba DeltaCom Long Distance Services. For a certificate of public convenience and necessity to provide switchless interLATA and intraLATA telecommunications services. Granted. This proceeding is closed. D97-05-027 (ECP)C96-10-024 - Ethan M. Wilber v Pacific Gas and Electric Company. Complaint involving a disputed bill for unmetered usage. Denied because complainant benefitted from the usage and the calculation is reasonable. This proceeding is closed. D97-05-028 A97-02-024 - Pacific Gas and Electric Company (PG&E) and Berkeley Land Company (buyer). For an order authorizing the former to sell and convey to the latter a certain parcel of land in Alameda County. PG&E may transfer ownership of a 0.302- acre parcel in Oakland, California, to the buyer. Approves the ratemaking treatment requested in the application. This proceeding is closed. D97-05-029 A96-12-062 - Brunfield Network Communications. For a certificate of public convenience and necessity to provide local exchange service and interLATA and intraLATA local exchange service. Granted. This proceeding is closed. D97-05-030 (ECP)C96-08-047 - David Smith v Pacific Gas and Electric Company (PG&E). Dismissed for failure to prosecute with reasonable diligence. This proceeding is closed. D97-05-031 A96-10-029 - Arco Pipe Line Company, a Delaware Corporation. For authority to increase transportation rates for crude petroleum products pursuant to the provisions of Section 454 of the PU Code of the State of California. Grants applicant an 8% general rate increase. This proceeding is closed. D97-05-032 A96-03-008 - California-American Water Company (Cal-Am). For authority to increase its rates for water service in its Monterey Division. Grants Cal-Am Rate Payers an award of $18,817.06 for its contribution to D96-12-005 in the general rate case proceeding of the Monterey District of Cal-Am. D97-05-033 A96-10-001 - City & County of San Francisco. For an order authorizing the reconstruction of existing Oakdale Avenue Overhead above the railroad company's track Peninsula Corridor Joint Powers Board between Quint Street and Phelps Street. Authorizes applicant to reconstruct the existing Oakdale Avenue Overhead over the Peninsula Corridor Joint Powers Board double track main line in San Francisco. The overhead is identified as Crossing 105E-3.2-A. The replacement structure will require less maintenance and have better clearance than the existing structure. This proceeding is closed. D97-05-034 A97-03-039 - The Utility Reform Network (TURN). For rehearing and immediate stay of Resolution G- 3205. Resolves the issues raised by TURN in the application: resumes the refund of the Purchased Gas Account overcollection, amortizes the Core Fixed Cost Account (CFCA) undercollection balance as of 4/30/96 over 12 months, and credits those customers who were charged gas rates adopted by Resolution G-3205; states that the amortization of the CFCA will result in an increase in gas rates of 9.5% for residential customers. This proceeding is closed. D97-05-035 A97-02-023 - County of Los Angeles (County). For the construction of the grade separation of Nogales Street under the Union Pacific Railroad Company's main line crossing No. 3-22.4 in the City of Industry, county of Los Angeles. Grants the request of the County for authority to construct the Nogales Street Underpass at separated grades under the tracks of the Union Pacific Railroad Company's main line in the City of Industry, Los Angeles County. This proceeding is closed. D97-05-036 A97-03-053 - Greyhound Lines, Inc. for approval to issue stock and notes pursuant to the provisions of sections 818-380 of the California Public Utilities Code. Grants issuance of 2,400,000 shares of convertible exchangeable preferred stock and offer of up to $150 million senior notes, as requested. This order shall become effective when Greyhound pays $7,588, the fee required by Public Utilities Code section 1904.1. This proceeding is closed. D97-05-037 A97-02-049 - Southwest Gas Corporation. For authority to: (a) issue one or more types of debt securities in the principal amount of up to $251,000,000; (b) issue one or more series of preferred stock in principal amount of up to $60,000,000; (c) issue up to 6,000,000 shares of its $1 par value common stock; and (d) refinance previously issued short-term debt securities. Granted. This proceeding is closed. D97-05-038 A96-03-001 - City of Emeryville. To construct one "at-grade" crossing of the Southern Pacific Transportation Co 9th Street Drill Track on Stanford Avenue at Landregan Street. Authorizes applicant to construct Landregan Street at grade across the spur track of Union Pacific Railroad Company (formerly Southern Pacific Transportation Company) in Emeryville, Alameda County. Applicant also plans to close Hollis Street, crossing A-7.20-C and 53rd Street, Crossing A- 7.47-C. This proceeding is closed. D97-05-039 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. Determines that competing retail electric service providers should be allowed to offer their customers consolidated billing for electric services, meters, meter reading, and related services. Distribution utilities will be required to separately identify the cost savings resulting when the services are provided by others and make those savings available to ratepayers through separate charges or credits. Competitive retail providers and distribution utilities will enter into service agreements concerning the collection and exchange of usage data. This policy decision will be implemented in the direct access and rate unbundling proceedings. D97-05-040 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. Addresses some of the policy and time-critical issues regarding direct access. Permits full direct access for all customer classes beginning on January 1, 1998. In order to avail themselves of this direct access option, customers with a load of 50 kW and above must have meters capable of providing hourly data. Customers with a load of less than 50 kW may participate in direct access through load profiles. Also addresses the registration process for entities offering electrical service to residential and small commercial customers, aggregation of customer loads, affiliate transactions, and access to customer information. D97-05-041 R94-04-031 - Order instituting rulemaking on the Commission's proposed policies governing restructuting California's electric services industry and reforming regulation. I94-04-032 - Related matter. Clarifies certain operating rules for the Low-Income Governing Board and the Energy Efficiency Independent Board. D97-05-042 C85-07-008 - Independent Consulting Services, a division of Independent Communications Services, Incorporated v Pacific Bell (Pacific). I95-11- 030 - Related matter. The Joint Motion to Adopt Settlement is granted. Pacific and GTE California Incorporated shall thereby pay the State Controller $18.5 million and $4.625 million respectively, plus interest. Contel of California, Inc. is found to have complied with the commission's Protective Connecting Arrangement Program. The proceedings are closed. EXECUTIVE ORDERS SIGNED 5/14/97 D97-05-043 A96-09-055 - America's Choice Communications, Inc. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services. Dismissed upon written and unopposed request of the applicant. D97-05-044 A96-12-031 - Bishop Water Company and California- American Water Company. For an order authorizing the Bishop Water Company to sell and transfer and the California-American Water Company to purchase and receive the water utility assets of Bishop Water Company, including the properties used in its water utility business. Dismissed upon written and unopposed request of California- American Water Company. D97-05-045 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. Revises D97-04-069 as follows: (1) the title at top of page 2 reads "TWENTY-NINTH INTERIM OPINION,", and (2) the header preceding the ordering paragraphs on page 8 reads "TWENTY-NINTH INTERIM ORDER.". D97-05-046 C95-07-052 - Maurice H. Nipp v Arrowhead Manor Water Co. Dismissed upon written and unopposed request of complainant. D97-05-047 A96-12-024 - Avis Rent A Car System, Inc. For a certificate of public convenience and necessity to operate as a provider of intrastate and intraLATA interexchnage telecommunications as a reseller. Dismissed upon written and unopposed request of applicant. R E S O L U T I O N S 5/6/97 E-3489 Advice Letter 1225-E of Southern California Edison Company (Edison). Request approval of their proposed investment management agreements between Edison's nuclear facilities decommissioning master trust committee and BlackRock Financial Management Inc, and Sanford C. Bernstein and Company; Granted. G-3209 Advice Letters 2484 of Southern California Gas Company. Request approval of Amendment No. 1 to a long term transmission service contract entered into with Procter and Gamble Paper Products Co. on April 28, 1992; Granted. T-15997 Advice Letter 7 of Citizens Telecommunications Company of the Golden State (CTC-Golden State). General rate case filing in compliance with D94- 09-065, Ordering Paragraph No. 45, and Section 454 of the Public Utilities Code; This resolution authorizes CTC-Golden Gate State to increase its intrastate rates by $1,029,410 effective January 1, 1997, adopts a 10.00% overall rate of return, and requires CTC-Golden State to file an advice letter to increase rates and collect undercollections by an interim surcharge over an 8-month period. T-15998 Advice Letter 7 of Citizens Telecommunications Company of Tuolumne (CTC-Tuolumne). General rate case filing in compliance with Ordering Paragraph No. 45 of D94-09-065 and Section 454 of the Public Utilities Code; This resolution requires CTC-Tuolumne to reduce its intrastate rates by $376,214 effective January 1, 1997, adopts a 10% overall rate of return, and requires CTC-Tuolumne to file an advice letter to reduce rates and implement refund for overcollections from January through April 1997. T-16003 Advice Letter 226 of Kerman Telephone Company (Kerman). 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 Kerman to reduce its intrastate rates by $222,261 or 4.83% effective January 1, 1997, adopts a 10.0% overall rate of return, and requires Kerman to file an Advice Letter to reduce rates and implement refunds for overcollections from January to May, 1997. T-16026 Advice Letters 18718 and 18744 of Pacific Bell (Pacific). Request to make its provisional tariff authority to a permanent tariff authority to waive non-recurring charges associated with certain custom calling features when ordered by residential and business customers using quick service automatic ordering system; Granted. AT&T's protest is denied. T-16029 Advice Letter 18753 of Pacific Bell (Pacific). Request for approval of an interconnection agreement and Amendment No. 1 between AT&T Wireless Services of California, Inc. (AT&T Wireless) and Pacific pursuant to Section 252 of the Telecommunications Act of 1996; This resolution approves a cellular interconnection agreement between Pacific and AT&T Wireless. The agreement follows standard terms and rates provided in previous cellular interconnection agreements. There are explicit rates for transport and termination. There is dispute resolution that uses commercial arbitration. There is an agreement for Pacific to provide unbundled network elements and allocations. There is an attached amendment which modifies some of the allocations terms and the dispute resolution procedure. The amendment also modifies the transiting rate. T-16030 Advice Letter 18741 of Pacific Bell (Pacific). Request for approval of an interconnection agreement between United States Cellular, Inc. (U S Cellular) on behalf of Affiliates California Rural Service Area (RSA) 1, Inc. and California RSA 9, Inc. and Pacific pursuant to Section 252 of the Telecommunications Act of 1996; This resolution approves cellular interconnection agreement between United States Cellular, Inc. and Pacific. There are explicit rates for transport and termination. The terms for this agreement are virtually identical to previously approved cellular interconnection agreements. TL-18795 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-18796 Resolution denying issuance of charter-party carrier authority, highway carrier authority and household goods carrier authority for failure to satisfy statutory provisions of the Public Utilities Code and Commission General Orders; Adopted. W-4038 Havasu Water Company, Inc. Order authorizing a general rate increase producing additional annual revenues of $31,677 or 53.07% in 1997; Adopted. LAW AND MOTION HEARINGS Law and Motion Hearings are held before Administrative Law Judge Steven Kotz at 9:30 am in one of the Commission's San Francisco Office Hearing Rooms, unless otherwise noted. Law and Motion procedures are governed by Resolution ALJ-164. Copies of Resolution ALJ-164 are available from the Commission's Documents Desk (703-1713) or from Central Files (703-2045). 5/20/97 9:30 am NONE SCHEDULED 5/27/97 9:30 am NONE SCHEDULED 6/2/97 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 5/20/97 9:00 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 21-23, 27-30, June 2-6, 9-13, and 16-20, San Francisco) 5/20/97 3:00 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, Council Chambers, City Hall, 301 W. Line Street, Bishop (also 7:00 pm); (also 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 5/23/97 10:00 am ALJ Walker A94-09-025 (PHC)-Heartline Communications, Inc., for a Comr Knight certificate of public convenience and necessity to operate as a provider of interexchange telecommunications services within California, and I96-04-024 (PHC)-Commission Order Instituting Investigation into the operations of Heartline Communications, Inc., and Total National Telecommunications (dba Total World Telecom, Inc.), to determine whether the entity, by itself or through practices including arrangements with certificated long distance carriers, conducted intrastate utility operations without holding a certificate from the Commission, and whether it switched any customers to its service without their permission, Commission Courtroom, San Francisco 5/27/97 10:00 am ALJ Careaga A97-05-006 (PHC)-Pacific Gas and Electric Company, for: Comr Conlon (1) Authority to reduce rates effective January Comr Duque 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; and (4) authority to establish charges sufficient to recover fixed transition amounts, and A97-05-018 (PHC)-Southern California Edison Company, 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, and A97-05-022 (PHC)-San Diego Gas & Electric Company, for: (1) Authority to reduce rates effective January 1, 1998; (2) to sell or assign transition property to one or more financing entitiles; (3) to service rate reduction bonds on behalf of financing entities; and (4) to establish charges sufficient to recover fixed transition amounts, 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 rates 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 A95-05-030 (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 6/10/97 9:30 am ALJ Garde A96-11-023 (PHC)-City of El Segundo, to construct an Comr Neeper at-grade crossing between Douglas Street and the track of the Los Angeles County Metropolitan Transportation Authority, Commission Courtroom, Los Angeles 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 6/12/97 10:30 am ALJ Garde I96-04-022 (PHC)-Commission Order Instituting Investigation Comr Conlon into the operations and practices of Marco C. Araiza, dba Araiza Express, for allegedly operating as a contract permit carrier without liability insurance in 1995, California Public Utilities Commission Field Office, 255 North D Street, Suit 310, San Bernardino 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 6/16/97 1:00 pm ALJ Careaga C96-01-019 (PHC)-The City of Vernon vs. The Atchison, Topeka Comr Neeper and Santa Fe Railway, for non-compliance with zoning, Commission Courtroom, San Francisco 6/17/97 10:00 am ALJ Barnett C97-01-015 (EH)-Yung Hui Hsieh vs. Yerba Buena Water Comr Bilas Company, for refusal to provide water service, Commission Courtroom, Los Angeles 6/17/97 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) 7/3/97 1:00 pm ALJ Careaga C96-07-022 (PHC)-AT&T Communications of California, Inc., Comr Neeper vs. GTE California Incorporated for failure to provide the required automated on-line service ordering and implementation scheduling system necessary to resell GTEC's local services, Commission Courtroom, San Francisco 7/8/97 2:00 pm ALJ Barnett C97-05-033 (ECP)-Jeffrey Wilson vs. AirTouch Cellular, for improper billing in the amount of $147.77, State Office Building, 1350 Front Street, Room 4006, San Diego 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) 7/28/97 10:00 am ALJ Gottstein C96-20-018 (EH)-Pac-West Telecomm, Inc. vs. Evans Telephone Comr Neeper Company and The Volcano Telephone Company, for refusal to properly transmit and route dialed calls, and I97-03-025 (EH)-Commission Order Instituting Investigation, on the Commission's own motion into rating area consistency and routing practices between incumbent local exchange carriers and certified competitive local carriers in instances where expanded local service has been afforded, St. George Hotel, Main Floor, No. 2 Main Street, Volcano (also July 29-31 and August 1, Volcano) 8/22/97 10:00 am ALJ Barnett C97-04-059 (ECP)-Barry Harman vs. Pacific Bell, for violations of tariff regulation, incorrect billing, and wrongful disconnection of services, Commission Courtroom, Los Angeles MISCELLANEOUS TRANSPORTATION ITEMS 05/20/97 A96-08-001 Minkin-Pacific Gas and Electric Company, sunk costs, and related matters, Evidentiary Hearing held and continued to 9 am, May 20, San Francisco A90-09-043 Mattson-GTE Corporation for merger into Contel Corp., and related matters, Public Participation Hearing held and continued to 3 pm, May 20, Bishop NEW FILINGS 05/16/97 A97-05-036 California Utilities Service, Inc., to issue notes not to exceed $75,000.00 PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS/PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS NONE NEW SETTINGS NONE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Wesley M. Franklin Executive Director State Office Building State Office Building San Francisco, CA 94102 Los Angeles, CA 90012 Tel. No. (415) 703-2782 Tel. No. (213) 897-2973 DAILY CALENDAR Tuesday May 20, 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 Commission Decisions and Resolutions for the Conference of May 6, 1997 are included in this calendar. SUBSCRIPTION NOTICE FOR DRAFT AGENDA ITEMS In compliance with Public Utilities Code Section 311.5, parties who wish to subscribe to receive draft agenda items may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one- year subscription to the entire public agenda package (which excludes Executive Session materials) is $1,000. You may also order a partial agenda package (energy agenda items only or telecommunication agenda items only) at the cost of $500 per year. The package you receive via mail will include only those agenda items available at the time of the agenda distribution date, which is usually 10 to 12 days prior to the Commission meeting. If agenda items (including revisions) are not ready on the distribution date, they will be made available at no charge in the lobby outside the Commission Auditorium at 9:00 a.m. on the morning of the Commission meeting, but not earlier. In addition, the Commission will make draft agenda items available for viewing and photocopying (at 20 cents per page) at the Commission's Central Files Office (Room 2002), 505 Van Ness Avenue, San Francisco, and in the Commission offices in Los Angeles, San Diego, and the following field offices: El Centro, Eureka, Sacramento, and San Bernardino. Since the agenda package will be mailed to these locations, it will be available at these locations a day or two after the distribution date. These locations will not receive agenda items that are not ready on the distribution date. If an agenda item is held over to a subsequent Commission meeting, that agenda item and any revisions to that agenda item that were available on the morning of the initial Commission meeting (as well as any further available revisions) will be mailed in the Escutia package for the subsequent Commission meeting; the item and its revisions will also be available for viewing and photocopying in the Commission's Central Files office and field offices as set forth above. Intervenors who have a financial hardship determination pending or granted shall be eligible to receive draft agenda item packets at no charge. The cost to receive the agenda only, without copies of draft agenda items, remains at $75 per year. SUBSCRIPTION NOTICE FOR DAILY CALENDAR AND/OR AGENDA Parties who wish to subscribe to the Daily Calendar and/or the Agenda may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; (415) 703-1798. The subscription cost for the Daily Calendar is $225 per year. The Biweekly Daily Calendar is $50 per year. The agenda is $75 per year. Checks are to be made payable to the Public Utilities Commission. NOTICE Unless otherwise directed, all courier-delivered documents submitted for filing as part of the formal record in a proceeding should be hand-carried directly to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue in San Francisco; Room 5109, 107 South Broadway in Los Angeles; or Room 4006, 1350 Front Street in San Diego. All documents sent through the mail for formal filing should be addressed ONLY to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue, San Francisco, CA 94102. NOTICE The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: (415) 703-1203. If specialized accommodations for the disabled are needed, e.g. sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074 or TDD# (415) 703-2032 five working days in advance of the event. NOTICE To purchase Commission documents, there is a charge of 20 cents a printed page (postage prepaid) with a minimum purchase of $2.00. COMMISSIONER OFFICE HOURS 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 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 LOTTERY FOR TELEPHONE NUMBER PREFIX ASSIGNMENTS IN THE 209, 213, 310, 408, 415, 510, 562, 619, 714, 760, 805, AND 818 NUMBERING PLAN AREAS Lottery begins at 1:30 pm May 21, 1997 Training Room California Public Utilities Commission 505 Van Ness Avenue San Francisco The Telecommunications Division of the California Public Utilities Commission will be conducting a lottery to determine allocations of central office codes (NXXs) in the 209, 213, 310, 408, 415, 510, 562, 619, 714, 760, 805, and 818 area codes pursuant to the provisions of D.96-09-087. Applications for NXXs should be submitted to the California Code Administrator prior to close of business May 13. For information on the lottery process, call (415) 703-1923. If specialized accommodations for the disabled are needed, call the Public Advisor at (415) 703-2032 five working days in advance of the event. 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. PUBLIC MEETING Meetings of the Independent Board For Energy Efficiency Programs 9 am to 4 pm May 27, 1997 California Public Utilities Commission Room 4200 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 programs. This structure requires an Independent board to oversee energy efficiency programs and administrative entities selected through a competitive bidding process. The Independent Energy Efficiency Board will meet to discuss: Organizational structure 1997 Budget Bylaws Staffing needs and hiring Start-up filing July 2 filings Technical Advisory Committee These meetings are open to the public. Patrick Hoglund of the Energy Division is the contact person at (415) 703-2043. 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 Meetings of the Governing Board For Low Income Assistance Programs 10 am to 4 pm May 28, 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- incomeprograms, and administrative entities selected through a competitive bidding process. The Governing Board for Low-Income Assistance Programs will meet to discuss and establish the initial organization, budget, operating principles and rules, and staffing/consultant requirements and all issues necessary to respond to May 19 and July 2 filings. These meetings are open to the public. Patrick Hoglund of the Energy Division is the contact person at (415) 703-2043. WORKSHOP NOTICE I87-11-031 (Please note: This is a CORRECTED proceeding number) Re: Deaf and Disabled Telecommunications Program (DDTP) Management Audit Recommendations 9 am - 4 pm May 28 and 29, 1997 (Continuing to May 30, if necessary) Auditorium California Public Utilities Commission 505 Van Ness Avenue San Francisco The purpose of the workshop is to discuss implementation measures for the recommendations of the DDTP management audit performed on behalf of the Commission by AUC Management Consultants. The audit was undertaken pursuant to Ordering Paragraph 12 of Resolution T-15828. A final report of the management audit was mailed to parties on the service list of I87-11-031 (corrected proceeding number) and other interested parties on April 30, 1997. The workshop will be facilitated by Telecommunications Division staff. Parties are encouraged to review the audit report and to bring their proposals to the workshop on how best to implement the audit recommendations. Parties may raise relevant issues and concerns, and propose specific activities and timelines for implementing the audit recommendations. Parties are encouraged to submit their implementation proposals to the Telecommunications Division on or before May 22, 1997. Parties may submit their proposals to Zenaida Conway by mail, by facsimile (Fax # 415-703-4405), or via E-mail (ztc@cpuc.ca.gov). Participants may also bring copies of their written proposals for distribution on the first day of the workshop. Please contact M.J. Purcell at (415) 703-2438 or Zenaida Conway at (415) 703-2005 to confirm your attendance in the workshop, to obtain a copy of the audit report, to obtain the agenda for the workshop, and/or to ask questions about the workshop. Sign language interpreters and captioners will be available at the workshop. If other specialized accommodations are needed, please contact the abovementioned staff no later than May 20, 1997. PUBLIC MEETING 9:30 am - 12:00 pm May 29, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 4206 San Francisco (Corner of Van Ness Avenue and McAllister Street) The Interim Administrative Committee for the California High Cost Fund A, the California High Cost Fund B, and the California Teleconnect Fund will hold a meeting to discuss administrative matters and to review legal documents for these funds. The contact person is Angela Young at (415) 703-2837. 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. PUBLIC MEETING Meetings of the Governing Board For Low Income Assistance Programs 10 am to 4 pm June 5, 1997 California Public Utilities Commission Room 4010 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- incomeprograms, and administrative entities selected through a competitive bidding process. The Governing Board for Low-Income Assistance Programs will meet to discuss and establish the initial organization, budget, operating principles and rules, and staffing/consultant requirements and all issues necessary to respond to May 19 and July 2 filings. These meetings are open to the public. Patrick Hoglund of the Energy Division is the contact person at (415) 703-2043. WORKSHOP NOTICE 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. PUBLIC MEETING Meetings of the Governing Board For Low Income Assistance Programs 10 am to 4 pm June 12, 1997 California Public Utilities Commission Room 4010 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- incomeprograms, 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. ============================================================================= 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. 05/16/97 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. CORRECTION FROM THE DAILY CALENDAR OF 05/19/97 On 5/14/97, Robert E. Burt, Executive Director of the Insulation Contractors Association (ICA), spoke with Dorothy Duda, advisor for Cmmr. Knight, in San Francisco. Burt requested that the Commission carefully review his opening comments on the proposed decision (PD). A copy of Burt's opening comments (attached to the notice) was delivered to Duda. ICA Contact: Robert E. Burt filed Tel: (916) 444-2950 05/16/97 CORRECTION FROM THE DAILY CALENDAR OF 05/19/97 On May 14, 1997, Norman A. Pedersen, counsel for Southern California Utility Power Pool (SCUPP/IID), met with Cmmr. Bilas in San Francisco. Pedersen stated that SCUPP/IID supported the proposed decision (PD), although a few discrepancies need correction. Pedersen provided Cmmr. Bilas with a copy of SCUPP/IID's 5/12/97 comments on the PD Pedersen stated that the PD should be clarified to make it clear that the revised rates that would result from the decision should take effect as soon as possible. Pedersen urged the Commission to consider the PD at the 5/21/97 Commission conference. Pedersen stated that various parties, including SCUPP/IID, have urged that the Commission issue a decision regarding the Southern California Gas company (SoCalGas) PBR application before testimony is due to be filed in the Pacific Enterprises/Enova Corporation merger proceeding in A9610038. Pedersen stated that SoCalGas claimed that the PD, if adopted, would result in a loss of jobs at SoCalGas. Pedersen stated that SoCalGas had claimed throughout this proceeding that there is an interplay between capital expenditures and O&M expenditures. Pedersen stated that if SoCalGas is right about the interplay between O&M adjustments and capital cost adjustments, then SoCalGas is wrong in supposing that all of the productivity gains must be made on the O&M side with none being made on the capital cost side. SCUPP/IID Contact: Anita Merzel-Todd filed Tel: (213) 243-2584 05/16/97 A96-03-054 Pacific Gas and Electric Company, to modify Diablo Canyon pricing and adopt a customer electric rate freeze in compliance with D95-12-063. On May 13, 1997, Stanley T. Skinner, Chairman and Chief Executive Officer for Pacific Gas and Electric Company (PG&E), spoke with Cmmr. Conlon in San Francisco. Skinner stated that PG&E had made significant financial concessions through the voluntary repricing of Diablo Canyon and the proposal to move to SONGS pricing, including cutting PG&E's dividend 39 percent. Skinner urged the Commission to adopt PG&E's pricing proposal. PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 05/16/97 A96-11-020 Pacific Gas and Electric Company, for authorization to sell Hunters Point, Morro Bay, Moss Landing, and Oakland generating plants and related assets. On May 13, 1997, Leslie Everett, Vice President and Project Manager for Divestiture for Pacific Gas and Electric Company (PG&E), met with Cmmrs. Conlon and Bilas in San Francisco. Also present were: Julie Halligan, advisor for Cmmr. Bilas; James Hendry, advisor for Cmmr. Conlon; John Scadding, advisor for Cmmr. Conlon; Martha Sullivan, Project Manager for the Commission's Energy Division (Energy); Gretchen Dumas, attorney for the Commission's Legal Division;Bruce Kaneshiro, analyst for Energy; Johnothan Hathaway, consultant for ESA; Anna Shimco, attorney representing ESA; Larry Allen, of the San Luis Obispo Air Quality District; Janet Brennan, of the Morrow Bay Air Quality District; Kenneth Lim and Jean Roggenkamp, of the Bay Area Air Quality Management District (BAAQMD); Larry Chaset, attorney representing BAAQMD; Mark Meldgin, Senior Planer, Power Generation for PG&E; David Farabee, Joe Malkin and Cheryl Mason, attorneys representing PG&E; and Kristel L. Frank, Director of Regulatory Relations for PG&E. Mason stated that PG&E had filed a proposed environmental assessment report (PEA) with its application to sell four of its fossil-fueled power plants. Mason stated that the PEA concluded that a change in ownership would not cause significant environmental impacts. Kristel stated that certain air and water agencies would need to change the language in rules that apply to utility-owned boilers in order for the rules to remain applicable if the plants are sold to non-utility owners. Kristel stated that with these minor changes, it is PG&E's position that the Commission can and should issue a mitigated negative declaration. Mason stated that PG&E's primary concern is to approach environmental issues in a way that complies with CEQA, and also allows divestiture to occur in time to mitigate market power and comply with the 1/1/98 date for beginning the competitive market. Mason stated that PG&E was concerned that delay and uncertainty about the CEQA process could adversely affect the financial value of the plants PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 05/16/97 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 13, 1997, David M. Wilson, representing Cook Telecom, Inc. (Cook), met with Cmmr. Bilas in San Francisco. Also present were: Lester Wong, advisor for Cmmr. Bilas; Dorothy Duda, advisor for Cmmr. Knight; Ken Patrich, of Ach Communications; Judith St. Leger and David Gamble, of Paging Network, Inc.; and Richard Nelson and Mark Stachiw, of AirTouch Communications. Cook Telecom stated that un- stayed parts of the FCC's First Report and Order require that termination compensation be paid to paging carriers and that the Commission is without jurisdiction to overrule the FCC's interpretation of the Telecommunications Act. Cook stated that Pacific Bell (PacBell) is paying and will continue to pay termination compensation to cellular, PCS, and competitive local exchange carriers which terminate land to pager calls. Cook stated that PacBell admitted that it avoided costs of .5 cents for each twenty second land to pager call terminated by Cook from a PacBell Cook tandem office. Telecom, Inc. Contact: Dawn Marie Taylor filed Tel: (415) 291-1970 05/16/97 On May 13, 1997, David Gamble, Vice President of Paging Network, Inc. (PageNet), had two separate meetings: with Tim Sullivan, advisor to Cmmr. Duque; and with Cmmr. Duque in San Francisco. In the second meeting Tim Sullivan was also present. Also participating in the meetings were: Mark Stachiw and Richard Nelson, of AirTouch Paging; Kenneth Patrich, of Arch Communications; David Wilson, representing his paging clients; and St. Ledger-Roty of Kelley Drye & Warren, LLP, counsel to PageNet. St. Ledger-Roty described errors in the arbitrator's decision, including its failure to recognize paging carriers' co-carrier status and that paging carriers switch traffic. St. Ledger-Roty explained that the decision was incorrect in its determination of the term "reciprocal". PageNet indicated its agreement that it should pay Pacific Bell (PacBell) for traffic terminated by PacBell on PageNet's behalf, consistent with its understanding that the obligation to pay for termination is reciprocal. PageNet requested to substitute the arbitrator's report with a correct decision, which would conclude that Cook was not required to pay PacBell for the facilities used by PacBell to get PacBell's traffic to Cook, and that under the law Cook was entitled to compensation for the traffic it terminates for PacBell. PageNet Contact: Judith St. Ledger-Roty filed Tel: (202) 955-9600 05/16/97 On May 13, 1997, David Gamble, Vice President of Paging Network, Inc. (PageNet), met with Jose Jimenez, advisor to Cmmr. Conlon, in San Francisco. Also present was St. Ledger-Roty of Kelley Drye & Warren, LLP, counsel to PageNet. Gamble described the services offered by paging carriers and stated that many small businesses use their paging number as their main telephone number. St. Ledger-Roty described the manner in which paging carriers are interconnected to the public switched telephone network and the fact that interconnection is no different for paging carriers than CLECs or cellular carriers. St. Ledger-Roty stated that paging carriers are co- carriers, not end users, as inferred by the arbitrator's report. PageNet explained that the mere fact that paging carriers were not regulated did not deprive the Commission of exercising its jurisdiction, and urged the Commission to decline to adopt the arbitrator's report without an alternative decision. PageNet stated that affirmative denial of action by the Commission would allow parties to request that the Federal Communications Commission act in its stead. St. Ledger-Rot stated that, in addition to a compensation for terminating calls on behalf of PacBell, PacBell was required to pay for its own facilities used to route the traffic to a paging carrier's switch. St. Ledger-Roty referred to certain of the errors in the Arbitrator's report, including its conclusion that paging carriers do not switch traffic, and urged the Commission to reject the report. PageNet Contact: Judith St. Ledger-Roty filed Tel: (202) 955-9600 05/16/97 On May 13, 1997, David Gamble, Vice President of Paging Network, Inc. (PageNet), met with Cmmr. Bilas in San Francisco. Also present were: , Lester Wong, advisor to Cmmr. Bilas; St. Ledger- Roty of Kelley Drye & Warren, LLP, counsel to PageNet; Mark Stachiw and Richard Nelson, representing AirTouch Paging; Ken Patrich, of Arch Communications; and David Wilson, representing paging clients. St. Ledger-Roty stated that the Communications Act, as amended, imposed obligations on all telecommunications carriers to interconnect with one another and also granted all co-carriers rights in return for shouldering those obligations. St. Ledger-Roty explained that the current environment imposed by Pacific Bell (PacBell), where PacBell charges for the facility between its tandem or end office, and the paging carrier mobile switching office, and does not compensate for call termination, is inconsistent with co-carrier status. PageNet also asserted that its agreement that it should pay PacBell for traffic terminated by PacBell on PageNet's behalf, is consistent with its understanding that the obligation to pay for termination is reciprocal. PagNet urged the Commission to reject the arbitrator's report as it was incorrect as a matter of fact, law, and policy, and, if the Commission is unable to correct the arbitrator's decision, to deny the decision and request that the Federal Communications Commission act in its stead. PageNet Contact: Judith St. Ledger-Roty filed Tel: (202) 955-9600 05/16/97 On May 13, 1997, David Gamble, Vice President of Paging Network, Inc. (PageNet), met with Cmmr. Knight in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; St. Ledger-Roty of Kelley Drye & Warren, LLP, counsel to PageNet; Mark Stachiw and Richard Nelson, representing AirTouch Paging; Ken Patrich, of Arch Communications; and David Wilson, representing paging clients. St. Ledger-Roty explained the rights and obligations of co- carriers under the Communications Act of 1934, as amended by the Telecommunications Act of 1996. St. Ledger-Roty explained that co-carriers, were entitled not to pay Pacific Bell (PacBell) for PacBell's carriage of its traffic, and were entitled to compensation, for the services they perform in completing calls originated by PacBell's customers. PageNet indicated that paging carriers should pay PacBell for traffic terminated by PacBell on PageNet's behalf. Gamble explained the unfairness of allowing PCS and cellular carriers to be compensated for terminating PacBell's calls, but excluding paging carriers from their entitlement. St. Ledger-Roty stated that, in addition to a compensation for terminating calls on behalf of PacBell, PacBell was required to pay for its own facilities used to route the traffic to a paging carrier's switch. St. Ledger-Roty referred to certain of the errors in the Arbitrator's report, including its conclusion that paging carriers do not switch traffic, and urged the Commission to reject the report. PageNet Contact: Judith St. Ledger-Roty filed Tel: (202) 955-9600 05/16/97 On May 13, 1997, David Gamble, Vice President of Paging Network, Inc. (PageNet), met with Cmmr. Neeper in San Francisco. Also present were: Fassil Fenikile, advisor to Cmmr. Neeper; St. Ledger-Roty of Kelley Drye & Warren, LLP, counsel to PageNet; and Ken Patrich, Arch Communications. Gamble explained that paging carriers were co- carriers with other local exchange carriers (LECs) and not end users. St. Ledger-Roty explained how a paging carrier interconnects with the public switched network, in order to complete calls to the paging subscriber, as well as allow the originating carrier to bill for calls handled from the time of call completion to the time of call disconnect. PageNet stated that all carriers terminating local traffic on behalf on one another were entitled to payment for that service on behalf of the originating carrier, and that PageNet would fulfill its obligation to LECs to compensate them when PageNet originates calls. PageNet requested that the arbitrator's report be rejected as a matter of fact, law and policy, and if the Commission is unable to correct the report, to deny it and to request that the Federal Communications Commission act in its stead. PageNet Contact: Judith St. Ledger-Roty filed Tel: (202) 955-9600 05/16/97 On May 13, 1997, Kenneth Patrich, counsel for Arch Communications Group, Inc., met with Cmmr. Bilas in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; Judith St. Ledger Roty, counsel for Paging Network, Inc. (PageNet) and David Gamble of PageNet; Mark Stachiw, Vice President and Senior Counsel for AirTouch Paging, and Richard Nelson of AirTouch Paging; and David Wilson, counsel for Cook Telecom. Patrich argued that the Telecommunications Act of 1996, as interpreted by the Federal Communications Commission, requires local exchange carriers to compensate paging companies for terminating traffic originated on the local exchange carrier's (LEC) network. Patrich also argued that paging carriers should not be required to pay for facilities that the LECs use to transmit traffic to the paging carrier's switch. Arch Contact: Carolyn Groves filed Tel: (202) 383-3360 05/16/97 On May 13, 1997, Kenneth Patrich, counsel for Arch Communications Group, Inc., met with Cmmr. Knight in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; Judith St. Ledger Roty, counsel for Paging Network, Inc. (PageNet) and David Gamble of PageNet; Mark Stachiw, Vice President and Senior Counsel for AirTouch Paging, and Richard Nelson of AirTouch Paging. Patrich argued that the Telecommunications Act of 1996, as interpreted by the Federal Communications Commission, requires local exchange carriers to compensate paging companies for terminating traffic originated on the local exchange carrier's (LEC) network. Patrich also argued that paging carriers should not be required to pay for facilities that the LECs use to transmit traffic to the paging carrier's switch. Arch Contact: Carolyn Groves filed Tel: (202) 383-3360 05/19/97 LATE FILED. On May 13, 1997, David Gamble, Vice President of Paging Network, Inc. (PageNet), met with Jose Jimenez, advisor for Cmmr. Conlon, in San Francisco. Judith St. Ledger-Roty, counsel to PageNet was also present. Gamble stated that many large and small business use paging numbers as their main telephone number. St. Ledger-Roty stated that paging carriers are co-carriers, not end users, as inferred by the Arbitrator's Report. PageNet stated that the mere fact that paging carriers were not regulated did not deprive the Commission of exercising its jurisdiction under Section 251 and 252 of the Telecommunications Act of 1996, assuming such sections were applicable. PageNet stated that the Commission could affirmatively decline to adopt the Arbitrator's Report without a decision, and that the affirmative denial would allow parties to request that the FCC act is its stead. St. Ledger stated that in addition to an entitlement of compensation for terminating calls on behalf of Pacific Bell (PacBell), PacBell was also required to pay for its own facilities used to route the traffic to a paging carrier's switch. St. Ledger-Roty stated that paging carrier switches perform call routing, call answering and disconnect, and other traditional switching functions, just as do LEC, CLEC and other carrier switches. PageNet requested that the Arbitrator's Report be rejected outright as it was inconsistent with the Commissions' historic decisions on co-carrier status, as well as in contravention of the Telecommunications Act of 1934, as amended by the Telecommunications Act of 1996. PageNet Contact: Judith St. Ledger-Roty filed Tel: (202) 955-9600 05/19/97 LATE FILED. On May 13, 1997, David Gamble, Vice President of Paging Network, Inc. (PageNet), met with Cmmr. Bilas in San Francisco. Also present were: Lester Wong, advisor for Cmmr. Bilas; Mark Stachiw and Richard Nelson, representing AirTouch Paging; Kenneth Patrich, representing Arch Communications; and David Wilson, representing his paging client(s). St.Ledger stated that the Telecommunications Act imposed obligations on all telecommunications carriers to interconnect with one another and also granted all co-carriers rights in return for shouldering those obligations. PageNet stated that it agreed that it should pay Pacific Bell (PacBell) for traffic terminated by PacBell on PageNet's behalf, consistent with its understanding that the obligation to pay for termination is reciprocal. PageNet requested that the Arbitrator's Report be rejected as it was incorrect as a matter of fact, law, and policy. PageNet Contact: Judith St. Ledger-Roty filed Tel: (202) 955-9600 05/19/97 On May 14, 1997, David Gamble, Vice President of Paging Network, Inc. (PageNet), met with Cmmr. Neeper in San Francisco. Also present were: Fassil Fenikile, advisor for Cmmr. Neeper; Judith St. Ledger-Roty, counsel to PageNet; and Kenneth Patrich, representing Ach Communications. Gamble stated that paging carriers were co-carriers with other local exchange carriers and not end users, both under California precedent and the Telecommunications Act of 1996. PageNet stated that all carriers terminating local traffic on behalf of one another were entitled to payment for performing that service on behalf of the originating carrier. PageNet stated that it would fulfill its obligation to the LECs to compensate them when PageNet originates calls, as it will with certain advanced paging applications in the future. PageNet requested that the Arbitrator's Report be rejected as it was incorrect as a matter of act, law and policy. PageNet Contact: Judith St. Ledger-Roty filed Tel: (202) 955-9600 05/19/97 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. LATE FILED. On May 13, 1997, John Hughes, Manager, Regulatory Affairs, Southern California Edison Company (Edison), met with Cmmr. Bilas in San Francisco. Also present were: Julie Halligan, advisor to Cmmr. Bilas; Elena Schmid, Catherine Johnson, Mike Amato, and Greg Wilson, representing the Office of Ratepayer Advocates (ORA); and Michael Florio, for The Utility Reform Network. Written material (attached to the notice) was used. Hughes stated that the proposed decision (PD) adopts a reasonable performance based ratemaking mechanism for Southern California Gas Company (SoCal), but should be modified to clarify that the costs associated with Lines 6900 and 6902 should be borne by the specific customer that the line was built for and not allocated to other noncore customers. Hughes stated that the selection of the X factor is consistent with X factors adopted for energy utilities. Hughes noted that SoCal's SEC 10-K filing indicates that the company has exceeded its authorized rate of return for the past 14 consecutive years. Hughes pointed out that SoCal does not propose a sharing mechanism with respect to new products and services associated with off-peak capacity that it still seeks to offer, and stated that there is a sharing mechanism in place regarding Edison's leasing of fiber optic cables on its transmission lines right away. Hughes also stated that the PD appropriately adopts a review mechanism and offramps based on major deviations in rate of return. Edison Contact: Bobbie Cao filed Tel: (818) 302-2310 05/19/97 R95-04-043 Rulemaking on the Commission's own motion into competition for local exchange service, and I95-04-044 Investigation on the Commission's own motion into competition for local exchange service. On May 14, 1997, Paul Fisher, Vice President of Time Warner Connect, sent a letter (attached to the notice) to Cmmrs. Conlon, Bilas, Neeper, Knight, and Duque in San Francisco. Fisher's letter concerned the subject of the LECs failure to provide resale voice mail services and the adverse affect this was having on Time Warner Time Connect's ability to compete in the local Warner exchange residential market. Connect Contact: William Irvine filed Tel: (415) 291-8661 05/19/97 A96-03-031 Southern California Gas Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding, for a total reduction in annual revenues of approximately $147.9 million (5.7%). On May 14, 1997, John Hughes, Manager, Regulatory Affairs, Southern California Edison Company (Edison), met with Dorothy Duda, advisor to Cmmr. Knight, in San Francisco. Hughes stated that it did not seem appropriate for the Commission to make a finding of reasonableness and to adopt the gas cost incentive mechanism (GCIM) settlement in the biannual cost allocation proceeding (BCAP) because the settlement had not been noticed, filed, or submitted on the record in the BCAP, and the Commission has not made a final determination on the GCIM settlement in the proceeding where the settlement was filed (A96- 06-029). Hughes stated further that the rationale for the Commission's decision on Hub revenues (i.e., adoption of the GCIM settlement) was never circulated in draft form until the Commission's business meeting, and that the change was not discussed at that meeting. Edison Contact: Bobbie Cao filed Tel: (818) 302-2310 05/19/97 A97-01-012 British Telecommunications plc and MCI Communications Corporation, for all approvals required for the change in control of MCIC's California Certified Subsidiaries that will occur indirectly as a result of the merger of MCIC and BT. On May 16, 1997, James L. Lewis, MCI Regional Executive - Western Public Policy Group of MCI Telecommunications Corporation (MCIC) sent a letter (attached to the notice) to Cmmr. Conlon in San Francisco. Copies of the letter were also sent to: Cmmr. Knight; ALJ Watson; Jose Jimenez, advisor for Cmmr. Conlon; and Dorothy Duda, advisor for Cmmr. Knight. Lewis' letter was sent in order to update the approval process for the merger between MCIC and British Telecommunications, plc in other jurisdictions. MCI Contact: K. C. Troberman filed Tel: (415) 228-1199 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 A96-10-038 Barnett-Joint Application of Pacific Enterprises, Enova Corporation, Mineral Energy Company, et al., Law and Motion hearing set for May 22, removed from calendar