ADJOURNMENTS-RESETTINGS-SUBMISSIONS A96-08-001 Minkin-Pacific Gas and Electric Company, sunk costs, and related matters, Evidentiary Hearing held and continued to 10 am, May 27, San Francisco A94-09-025 Walker-Heartline Communications, Inc., and related matter, Prehearing Conference held and continued to 10 am, June 6, San Francisco C96-12-057 Ramsey-Jasmine Benjamin-Sohal vs. Pacific Bell, hearing set for May 27, reset to 9:30 am, July 16, San Francisco ADVICE LETTER FILINGS 05/27/97 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). 5/27/97 9:30 am NONE SCHEDULED 5/28/97 6:00 pm A96-10-038 Joint Application of Pacific Enterprises, Enova Corporation, Mineral Energy Company, et al., (Motion of Various Parties to Change Schedule), ALJ Robert Barnett, Comr. Duque, and Comr. Neeper, Presiding, at Council Chambers, 12th Floor, City Administration Building, 202 C Street, San Diego 6/3/97 9:30 am NONE SCHEDULED 6/10/97 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 5/27/97 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 (also May 28- 30, June 2-6, 9-13, and 16-20, 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) 6/4/97 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 6/5/97 10:00 am ALJ Careaga A96-11-046 (EH)-Southern California Edison, for authority Comr Conlon to sell gas-fired electrical generation facilities, Commission Courtroom, San Francisco (also June 6, San Francisco) 6/5/97 10:00 am ALJ Gottstein A93-12-025 (PHC)-Southern California Edison Company, for Comr Conlon authority to increase its authorized level of base rate revenue approximately $153 million over the current ALBRR under the Electric Revenue Adjustment Mechanism for service rendered beginning 1/1/95 and to reflect this increase in rates, and I94-02-002 (PHC)-Commission Order Instituting Investigation into the rates, charges, and practices of Southern California Edison Company, establishment of the Utility's Revenue Requirement and Attrition Request, Commission Courtroom, San Francisco 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 6/6/97 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 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 6/10/97 10:00 am ALJ Bushey C97-03-042 (PHC)-Pacific Bell vs. MCI Telecommunications Comr Neeper Corporation for an order enjoining defendant's unlawful and unfair advertising practices, Commission Courtroom, San Francisco 6/10/97 2:00 pm ALJ Bushey C97-02-025 (PHC)-Union Safe Deposit Bank vs. Modesto Comr Conlon and Empire Traction Company, a corporation, formerly known as Modesto Interurban Railway, a corporation, for an unauthorized removal of the existing rail crossing and cutting off all access to complainant's property from Yosemite Avenue in Modesto, 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 6/12/97 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 6/12/97 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, Council Chambers, City Hall, 1001 W. Center Street, Manteca (also 7:00 pm) 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 10:00 am ALJ Gottstein A97-05-002 (PHC)-San Diego Gas & Electric Company, for Comr Neeper authority to increase its gas and electric revenue requirements to reflect its accomplishments for demand-side management program years 1994, 1995, and 1996 in the 1997 annual earnings assessment proceeding, and A97-05-004 (PHC)-Southern California Edison Company, for approval of demand-side management shareholder incentives for 1996 program year accomplishments and the second installment of shareholder incentives for the 1994 and 1995 program years, and A97-05-005 (PHC)-Pacific Gas and Electric Company, for approval of demand-side management shareholder incentives for 1996 program year accomplishments and second claim for incentives for 1995 and some 1994 program year accomplishments, and A97-05-026 (PHC)-Southern California Gas Company, for authority to increase its gas revenue requirements to reflect its accomplishments for demand-side management program years 1994, 1995, and 1996 in the 1997 annual earnings assessment proceeding, Commission Courtroom, San Francisco 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 6/18/97 10:00 am ALJ Barnett C97-05-042 (ECP)-Alex W. Love vs. Pacific Bell, for improper billing in the amount of $670.00, Commission Courtroom, Los Angeles 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) 6/24/97 10:00 am ALJ Walker A96-11-007 (EH)-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, Commission Courtroom, San Francisco (also June 25-27, June 30, and July 1-3, 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) 7/16/97 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 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 9/22/97 10:00 am ALJ Stalder A89-03-026 (EH)-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 (also September 23-26, San Francisco) MISCELLANEOUS TRANSPORTATION ITEMS 05/27/97 Filings with Safety and Enforcement 05/13/97 TCP-11091-B Julio A. Grandos, dba Dunia's Charters and Tours, 9633 San Carlos, South Gate, CA 90002, Tel. No. (213) 566-3199, terminal address: 9301 Laurel, Los Angeles, CA 90002, application for new TCP Class B Certificate NEW FILINGS NONE PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS/PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS 5/23/97 A96-11-020 Application of Pacific Gas and Electric Company for Authorization to Sell Certain Generating Plants and Related Assets Pursuant to Public Utilities Code Section 851; Proposed decision of ALJ Careaga 5/23/97 A97-03-001 In the Matter of the Application by ACN Communications (U-2528-C) for Arbitration Pursuant to Section 252(b) of the Telecommunications Act of 1996 to Establish an Interconnection Agreement with Pacific Bell, (U-1001-C); Arbitrator's Report of ALJ Malcolm. The arbitrated agreement shall be filed and served on May 30, 1997. According to Rule 4.2.2 as set forth in Resolution ALJ 168, "Any member of the public (including the parties to the agreement) may file comments concerning the Arbitrator's Report and/or the arbitrated agreement within 10 days of the filing of each." The Arbitrator's Report is available on the Internet at www.cpuc.ca.gov. 5/23/97 A96-02-004 In the Matter of the Application of Safety and Enforcement Division for an Emergency Order to Declare Void the Authority "granted" through the Advice Letter Process to MIDCOM Communications, Inc. (U-5261-C) and Cherry Communications, Inc. (U-5306-C) for MIDCOM Communications to Purchase a Portion of the California Customer Base of Cherry Communications, Inc.; Proposed decision of ALJ Bushey 5/23/97 I87-11-033 In the Matter of the Alternative Regulatory Framework for Local Exchange Carriers; A85-01-034 In the Matter of the Application of PACIFIC BELL, a corporation, for authority to increase certain intrastate rates and charges applicable to telephone services furnished within the State of California; A87-01-002 In the Matter of the Application of GENERAL TELEPHONE COMPANY OF CALIFORNIA, a corporation (U 1002 C), for authority to increase and/or restructure certain intrastate rates and charges for telephone services; I85-03-078 Investigation on the Commission's own motion into the rates, tolls, rules, charges, operations, costs, separations, intercompany settlements, contracts, service, and facilities of THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a California corporation; and of all the telephone corporations listed in Appendix A, attached hereto; I87-02-025 Investigation on the Commission's own motion into the rates, tolls, rules, charges, operations, costs separations, practices, contracts, service and facilities, of GENERAL TELEPHONE COMPANY OF CALIFORNIA, a California corporation, and of PACIFIC BELL, a California corporation; and of all the telephone corporations listed in Appendix A attached hereto; and C87-07-024 General Telephone Company of California (U 1002 C), Complainant, vs. Wang Communications, Inc., Defendant; Proposed decision of ALJ Walker 5/23/97 A95-12-071 In the Matter of the Application of RED & WHITE FLEET, INC., a California corporation, to transfer to BLUE & GOLD FLEET, a Delaware Limited Partnership, its certificate of public convenience and necessity to operate as a common carrier by vessel (VCC 13),(with minor exceptions) and to sell, assign, or otherwise transfer property necessary or useful in the performance of its common carrier by vessel service, and for BLUE & GOLD FLEET, a Delaware Limited Partnership, to accept such certificate, as well as the existing Blue and Gold Fleet certificate, and to issue evidence of indebtedness, execute leases, and to otherwise create security interests on the property to be transferred; Proposed decision of ALJ Kenney 5/23/97 I94-10-014 Order Instituting Investigation and Order to Show Cause into whether the Passenger Stage Corporation Certificate (PSC-4986) and Charter- Party Carrier Permit (TCP 4986) of Universal Transit Systems, Inc., doing business as AIRWAY SHUTTLE, a California corporation, and its corporate officers: Mohammad (Mike) A. Kohsari, Mohamad (Robert) Bagher Pakzadian, and Fariborz (Fred) Alishahi, respondents, should be revoked; and A95-11-014 In the Matter of the Application of Mohammad A. Kohsari and Mohamad Bagher Pakzadian to transfer the stock of Universal Transit Systems, Inc., doing business as Airway Shuttle; Proposed decision of ALJ Weiss 5/23/97 A92-11-016 In the Matter of the Application of Hillcrest Water Company, for a 23.3% general rate increase in TY 1993 for service provided to 3,000 flat- rate customers in and around Yuba City, and an additional increase of 1.7% for 1994 and 1995; and I93-03-056 Ordering Instituting Investigation into the Rates, Charges, and Practices of Hillcrest Water Company; Proposed decision of ALJ Rosenthal 5/23/97 R87-11-012 Order Instituting Rulemaking to Review the Time Schedules for the Rate Case Plan and Fuel Offset Proceedings; A95-06-002 In the Matter of the Application of Southern California Gas Company to Adopt Performance Based Regulation ("PBR") for Base Rates to be Effective January 1, 1997; Proposed decision of ALJ Ryerson 5/23/97 R94-02-003 Rulemaking on the Commission's Own Motion to Establish a Simplified Registration Process for Non-Dominant Telecommunications Firms; and I94-02-004 Investigation on the Commission's Own Motion to Establish a Simplified Registration Process for Non-Dominant Telecommunications Firms; Proposed decision of ALJ Bushey 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 27, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) SPECIAL CARRYOVER MEETING 10:00 a.m., May 27, 1997 Commission Auditorium, San Francisco A continuation of the May 21, 1997, meeting to consider the "Motion of Southern California Gas Company for Partial Stay of D97-04-082 Related to Rate Increass Adopted for Gas Engine and Gas Air Conditioning Customers." This item was added to the 5/21 agenda by a vote of the Commission pursuant to Government Code {11125.3. REGULAR COMMISSION MEETINGS June 11, 1997, (10:00 am) June 25, 1997, (10:00 am) July 16, 1997, (10:00 am) San Francisco SUBSCRIPTION NOTICE FOR DRAFT AGENDA ITEMS In compliance with Public Utilities Code Section 311.5, parties who wish to subscribe to receive draft agenda items may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one- year subscription to the entire public agenda package (which excludes Executive Session materials) is $1,000. You may also order a partial agenda package (energy agenda items only or telecommunication agenda items only) at the cost of $500 per year. The package you receive via mail will include only those agenda items available at the time of the agenda distribution date, which is usually 10 to 12 days prior to the Commission meeting. If agenda items (including revisions) are not ready on the distribution date, they will be made available at no charge in the lobby outside the Commission Auditorium at 9:00 a.m. on the morning of the Commission meeting, but not earlier. In addition, the Commission will make draft agenda items available for viewing and photocopying (at 20 cents per page) at the Commission's Central Files Office (Room 2002), 505 Van Ness Avenue, San Francisco, and in the Commission offices in Los Angeles, San Diego, and the following field offices: El Centro, Eureka, Sacramento, and San Bernardino. Since the agenda package will be mailed to these locations, it will be available at these locations a day or two after the distribution date. These locations will not receive agenda items that are not ready on the distribution date. If an agenda item is held over to a subsequent Commission meeting, that agenda item and any revisions to that agenda item that were available on the morning of the initial Commission meeting (as well as any further available revisions) will be mailed in the Escutia package for the subsequent Commission meeting; the item and its revisions will also be available for viewing and photocopying in the Commission's Central Files office and field offices as set forth above. Intervenors who have a financial hardship determination pending or granted shall be eligible to receive draft agenda item packets at no charge. The cost to receive the agenda only, without copies of draft agenda items, remains at $75 per year. SUBSCRIPTION NOTICE FOR DAILY CALENDAR AND/OR AGENDA Parties who wish to subscribe to the Daily Calendar and/or the Agenda may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; (415) 703-1798. The subscription cost for the Daily Calendar is $225 per year. The Biweekly Daily Calendar is $50 per year. The agenda is $75 per year. Checks are to be made payable to the Public Utilities Commission. NOTICE Unless otherwise directed, all courier-delivered documents submitted for filing as part of the formal record in a proceeding should be hand-carried directly to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue in San Francisco; Room 5109, 107 South Broadway in Los Angeles; or Room 4006, 1350 Front Street in San Diego. All documents sent through the mail for formal filing should be addressed ONLY to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue, San Francisco, CA 94102. NOTICE The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: (415) 703-1203. If specialized accommodations for the disabled are needed, e.g. sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074 or TDD# (415) 703-2032 five working days in advance of the event. NOTICE To purchase Commission documents, there is a charge of 20 cents a printed page (postage prepaid) with a minimum purchase of $2.00. COMMISSIONER OFFICE HOURS 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. WORKSHOP NOTICE MERGERS AND ACQUISITIONS OF WATER COMPANIES May 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. 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 9 am to 5 pm June 3, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 2204 San Francisco A meeting of the Consumer Education Advisory Panel (CEAP) including a CPUC staff briefing on a electric restructuring, a review of the CPUC staffs proposed outreach plan, and a review of the proposed Consumer Education Plan filed by the EREG. The contact person is Geoffrey Meloche at (415) 703-3372 (jeff.meloche@cpuc.ca.gov). PUBLIC MEETING ELECTRIC RESTRUCTURING EDUCATION GROUP 2:00 pm - 4:00 pm June 3, 1997 Auditorium California Public Utilities Commission 505 Van Ness Avenue San Francisco (This location is wheelchair accessible) This is an amended notice Decision 97-03-069, in R.94-04-031/I.94-04-032 (the electric restructuring proceeding), authorized the establishment of the Electric Restructuring Education Group (EREG) and charged the group with devising and implementing a Consumer Education Program (CEP) to inform all Californians about changes associated with electric restructuring. The purpose of the CEP is to tell electric customers the facts about upcoming changes in the provision of electricity and enable them to make informed choices of electric service providers in the emerging competitive electric industry. The EREG will submit its proposed CEP to the Commission and all parties to the proceeding no later than June 1, 1997. Comments on the CEP are to be filed with the Commission within 10 days of date of service. The EREG will hold an informational meeting to present and explain its proposed CEP. The meeting is open to the public and EREG will entertain comments and questions from interested parties. Some or all Commissioners may be in attendance. For more information about the meeting or about EREG, please contact Chris Bjorklund, EREG's Communications Coordinator, at (415) 788-5149. PUBLIC MEETING Meetings of the Independent Board For Energy Efficiency Programs 9:30 am to 4 pm June 4, 1997 California Public Utilities Commission Training Room 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: its operating procedures, proposed 1997 budget, technical advisory committee, support services, and conflict of interest rules; coordination between the Independent Board and the Low Income Governing Board; and issues related to the implementation of administrative structures necessary to ensure the continuity, viability, and funding of energy efficiency programs in the state. The Board may move to an Executive Session (closed session) if needed. Executive Session. Consistent with Government Code section 11126, the Board may adjourn to a closed session to consider personnel matters or pending litigation, if any such matters have come to the attention of the Board. These meetings are open to the public. Patrick Hoglund of the Energy Division is the contact person at (415) 703-2043. 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-income programs, and administrative entities selected through a competitive bidding process. The Governing Board for Low-Income Assistance Programs will meet to discuss and establish the initial organization, budget, operating principles and rules, and staffing/consultant requirements and all issues necessary to respond to May 19 and July 2 filings. These meetings are open to the public. Patrick Hoglund of the Energy Division is the contact person at (415) 703-2043. WORKSHOP NOTICE 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. PUBLIC MEETING 1:30 pm - 4:00 pm June 16, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3107 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 1:30 pm - 4:00 pm July 16, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3107 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 1:30 pm - 4:00 pm August 14, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3204 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 1:30 pm - 4:00 pm September 17, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3204 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 1:30 pm - 4:00 pm October 17, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3204 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 1:30 pm - 4:00 pm November 17, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3204 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 1:30 pm - 4:00 pm December 17, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3204 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. ============================================================================= 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 Meeting". 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. 05/19/97 A92-12-043 Pacific Gas and Electric Company, for an order to increase the maximum cost specified in PG&E's Certificate of Public Convenience and Necessity to Construct the California portion of the expansion of its Natural Gas Pipeline, and A93-03-038 Pacific Gas and Electric Company, to establish interim rates for the California portion of the expansion of Pacific Gas Transmission Company's and PG&E's Canada-to-California Natural Gas Pipeline Project, and A94-05-035 Suncor, Inc., for rehearing of Resolution G-3122, and A94-06-034 El Paso Natural Gas Company, for rehearing of Resolution G-3122, and A94-09-056 Pacific Gas and Electric Company, for a finding that the $812.8 million of capital costs incurred in the construction of the PG&E Pipeline Expansion Project and the initial pipeline expansion operating expenses are reasonable, and A94-06-044 Pacific Gas and Electric Company, for amortization of interstate transition cost surcharge account and approval of rates on an ex parte basis, and A96-08-043 Pacific Gas and Electric Company, to restructure and establish natural gas rates; modify its core aggregation and core subscription programs; obtain approval of the principles of a post-1997 core gas procurement incentive mechanism; and obtain approval of principles for disposition of its gas gathering facilities. 05/19/97 CORRECTION FROM THE DAILY CALENDAR OF 05/21/97. On May 14, 1997, Sheldon Reid, Vice President of Norcen Energy Resources, Ltd. (Norcen), met with Cmmr. Bilas in San Francisco. Also present was Roger Berliner of Brady & Berliner, counsel for Norcen. Written materials (attached to the notice) consisting of a summary of Norcen's position on Pacific Gas and Electric (PG&E) unreasonableness; Berliner's presentation on behalf of Norcen to an all party conference; and Norcen's comments on the proposed decision (PD). Reid stated that the Commission should conclude that PG&E lacked market support for the PG&E expansion, and therefore it was unreasonable to proceed with construction. Reid emphasized that PG&E deceived the market by withholding the fact of its written request of 2/26/91 to the Commission for the crossover ban. Reid stated that the parties denied this information were the very shippers for whom such information was, in PGT's words, "imperative." Norcen Contact: Christa Matty filed Tel: (510) 549-6926 05/19/97 CORRECTION FROM THE DAILY CALENDAR OF 05/21/97. On May 14, 1997, Sheldon Reid, Vice President of Norcen Energy Resources, Ltd. (Norcen), met with Cmmr. Neeper in San Francisco. Also present was Roger Berliner of Brady & Berliner, counsel for Norcen. Written materials (attached to the notice) consisting of a summary of Norcen's position on Pacific Gas and Electric (PG&E) unreasonableness; Berliner's presentation on behalf of Norcen to an all party conference; and Norcen's comments on the proposed decision (PD). Berliner pointed out that the Commission should add a finding of unreasonableness and a finding that PG&E deceived the market by withholding information that it knew to be material to shippers considering the PGT expansion. Berliner observed that these findings would at least allow affected shippers to pursue civil remedies arising from PG&E's unreasonable conduct. Berliner stated that Norcen had been prejudiced by the denial of the right to put on a witness that would have completely rebutted the sole basis upon which ALJ Weil concluded that the evidence was insufficient to find that Norcen had been deceived: a memo regarding PG&E's "position on no crossover." Berliner stated that that memo reflected that there was no physical capacity available on the existing system - and that as a result Norcen would not be able to crossover. Berliner urged the Commission to either modify the PD on that issue, or reopen the proceeding to depose the author of the memo at issue. Norcen Contact: Christa Matty filed Tel: (510) 549-6926 05/22/97 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. CORRECTION FROM THE DAILY CALENDAR OF 05/23/97 On May 19, 1997, Robert Kinosian, Project Manager for the Office of Ratepayer Advocates (ORA), met with Cmmr. Conlon in San Francisco. Also present were: James Hendry, advisor to Cmmr. Conlon; and Hallie Yacknin, Staff Counsel for ORA. A copy of ORA's comments on the alternate order (attached to the notice) was used. ORA stated that the sum total of the alternate's ICIP prices would give Pacific Gas and Electric Company (PG&E), as its revenue requirement for its 1997 operating costs an increase of 20% over its actual operating costs in 1995. ORA explained that this would reward PG&E for becoming less efficient and that the record shows that Diablo costs are decreasing. ORA explained that, in adopting ratemaking "comparable to SONGS," it is illogical to adopt the same prices for Diablo as were adopted for SONGS. ORA stated that the alternate adopts an escalation rate of CPI minus 0.5% that is not reflected in the record. ORA explained that the alternate eliminates the $65 million disallowance contained in the proposed decision because it erroneously concludes that section 463 of PU Code does not apply because rates are unaffected; the proposed ratemaking provides benefits to ratepayers relative to the status quo; and it declines to revisit the disallowance issue resolved in D88-12-083. ORA argued that the alternate appropriately recognizes that ICIP prices should not include costs related to employee reductions, but mistakenly includes those costs by using the 1994 and 1995 A&G costs as the basis for future cost levels. ORA noted that the alternate would require potentially litigious proceedings: annual true-up of CPI; filings to establish the value of Diablo Canyon fuel inventory and Diablo M&S inventory. ORA stated that the alternate is a step backward from the proposed decision which has been revised to eliminate the annual true-up. ORA Contact: Legal receptionist filed Tel: (415) 703-1858 05/22/97 On May 19, 1997, Les Guliasi, Manager of Regulatory Relations for Pacific Gas and Electric Company (PG&E), met with Cmmr. Bilas in San Francisco. Also present were: Steven Kline, Vice President, Regulation, and Jana Corey, Director, Regulatory Relations, for PG&E. Written material (attached to the notice) was used and contained prices under four scenarios: the SONGS decision, PG&E's proposal, the alternate decision, and the proposed decision (PD). Guliasi stated that the alternate resolves any concerns about the alleged double counting of inventory costs and that the grounds for the $100 million disallowance in the PD are not in the record. Kline stated that TURN's allegation that the alternate's ICIP is higher than PG&E's proposal is not true, and that PG&E has recalculated the ICIP prices based on TURN's proposed startpoint for ICIP costs (1995), instead of PG&E's proposal (average of 1993-1995 operating costs). Kline noted that PG&E has always endorsed a price stream based on that average and that the alternate adopts a compromise startpoint which yields ICIP prices less than PG&E's proposal but higher than TURN's and the PD's prices. Kline stated that PG&E and the financial community are interested in putting the uncertainty around Diablo Canyon behind. Corey pointed out that the alternate offers a compromise between the PD and the SONGS decision on most of the dimensions of the ICIP pricing. PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 05/22/97 On May 19, 1997, Les Guliasi, Manager of Regulatory Relations for Pacific Gas and Electric Company (PG&E), met with Cmmr. Conlon in San Francisco. Also present were: James Hendry, advisor to Cmmr. Conlon; Gordon Smith, Senior Vice President and Chief Financial Officer, Steven Kline, Vice President, Regulation, Christopher Warner, Chief Counsel, Generation, and Jana Corey, Director, Regulatory Relations, for PG&E. Written material (attached to the notice) was used and contained prices under four scenarios: the SONGS decision, PG&E's proposal, the alternate decision, and the proposed decision (PD). Smith stated that the alternate is not what PG&E would consider to be SONGS pricing, but represents an improvement of the PD. Smith noted that PG&E submitted a SONGS-like ratemaking proposal upon a Commission directive and at a significant cost to PG&E. Guliasi stated that grounds for the $100 million disallowance is not in the record. Warner added that neither in the PD, nor in the 1988 Diablo Canyon (Diablo) settlement, is there an admission of wrongdoing on PG&E's part or a finding of imprudence. Corey stated that the alternate results in a reduction of more than $4.0 billion (net present value) in Diablo competitive transition costs compared to its current ratemaking. Corey pointed out that the alternate offers a compromise between the PD and the SONGS decision on most of the dimensions of the ICIP pricing model. Smith stated that PG&E and the financial community are interested in putting the uncertainty around Diablo behind. PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 05/22/97 A97-05-006 Pacific Gas and Electric Company, for: (1) Authority to reduce rates effective 1/1/98; (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. On May 19, 1997, Jana Corey, Director, Regulatory Relations of Pacific Gas and Electric Company (PG&E), met with John Scadding, advisor to Cmmr. Conlon, in San Francisco. Also present were: Julia York, Project Manager, Vice President and Treasurer's Office, for PG&E; and Mary Simpson, Director, Corporate Finance and Investments, and John Hughes, Manager, Regulatory Affairs, for the Southern California Edison Company (Edison). Written material (attached to the notice) was used. York described the authorizations requested in the utilities' applications. Simpson stated that although the utilities' request for off-balance sheet accounting treatment was rejected by the SEC, the debt is "non-recourse" and will not affect the utilities' financial condition. Simpson further stated that there is a pending IRS tax ruling request which seeks IRS concurrence that the transaction should be treated as debt for tax purposes. Simpson highlighted the fact that small customer benefits occur through the reduced cost of capital and deferred tax payments and that issuing all the bonds up front would allow ratepayers to realize the full benefits of the capital reduction. Simpson noted that the utilities will focus on the required qualifications for third party services in order to ensure the highest debt rating possible. PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 05/22/97 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 19, 1997, Thomas Ballo, Senior Counsel for Pacific Telesis Legal Group, met with Cmmr. Bilas in San Francisco. Also present were Lester Wong, advisor to Cmmr. Bilas; Lee Bauman, Vice President, Local Competition, and Mary Vanderpan, Vice President Regulatory, for Pacific Bell (PacBell). PacBell recommended to adopt the arbitrator's report. Ballo stated that the report correctly concludes that Cook Telecom, Inc. (Cook) is not entitled to receive reciprocal compensation from PacBell under the Telecommunications Act of 1996. Ballo also stated that the report correctly concludes that there is no merit to Cook's discrimination argument. Bauman explained that Cook's paging terminal is not an equivalent facility to an end office switch since PacBell's caller is disconnected at Cook's paging terminal and a two-way communications path is not established between PacBell's caller and Cook's end-user paging customer. Vanderpan stated that PacBell does not compensate any carrier for terminating paging telephone calls. PacBell Contact: Tina Gerbasi filed Tel: (415) 542-3350 05/22/97 On May 19, 1997, John Gueldner, Vice President Regulatory for Pacific Bell (PacBell), wrote a letter (attached to the notice) to Cmmr. Conlon. In the letter, Gueldner states that Cook Telecom, Inc. (Cook) is wrong in its contention that its paging terminal is a switch. Gueldner noted that Cook is not entitled to reciprocal compensation because it does not "transport" and "terminate" traffic, as defined by the Federal Communications Commission (FCC). Gueldner notes that PacBell does not receive a windfall of any kind when it interconnects with Cook. The letter also states PacBell's full support of the arbitrator's report and believes that it correctly interprets the applicable law and correctly concludes that Cook is not being discriminated against. PacBell Contact: Tina Gerbasi filed Tel: (415) 542-3350 05/22/97 On May 19, 1997, Thomas Ballo, Senior Counsel for Pacific Telesis Legal Group, met with Cmmr. Neeper in San Francisco. Also present were: Fassil Fenikile, advisor to Cmmr. Neeper; Lee Bauman, Vice President, Local Competition, and Mary Vanderpan, Vice President Regulatory, for Pacific Bell (PacBell). PacBell recommended to adopt the arbitrator's report. Ballo stated that the report correctly concludes that Cook Telecom, Inc. (Cook) is not entitled to receive reciprocal compensation from PacBell under the Telecommunications Act of 1996. Ballo also stated that the report correctly concludes that there is no merit to Cook's discrimination argument. Bauman explained that Cook's paging terminal is not an equivalent facility to an end office switch since PacBell's caller is disconnected at Cook's paging terminal and a two-way communications path is not established between PacBell's caller and Cook's end-user paging customer. PacBell Contact: Tina Gerbasi filed Tel: (415) 542-3350 05/23/97 On May 20, 1997, Lynn Mowery, Director, Regulatory Relations for Pacific Bell (PacBell), sent a letter (attached to the notice) and left a voice mail message for Dorothy Duda, advisor for Cmmr. Knight, in San Francisco. Copies of the letter and voice mail messages were also left for Bob Lane, advisor for Cmmr. Knight; Fassil Fenikile, advisor for Cmmr. Neeper; Lester Wong, advisor for Cmmr. Bilas; Jose Jimenez, advisor for Cmmr. Conlon; and Tim Sullivan, advisor for Cmmr. Duque. Mowery's letter contained a copy of PacBell's Advice Letter No. 18837 and paging interconnection agreement with Preferred Networks, Inc. Mowery urged that the advice letter be reviewed prior to the Commission's 5/21/97 conference in Sacramento. PacBell Contact: Tina Gerbasi filed Tel: (415) 542-3350 05/23/97 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 20, 1997, Robert Ballew, Director, Financial and Accounting Services of Southern California Gas Company (SoCal), met with James Hendry, advisor to Cmmr. Conlon, in San Francisco. Also present on behalf of SoCal were: Johannes Van Lierop, Directory, Governmental and PUC Regulatory Affairs, Andrew Rea, Vice President, Pacific Enterprises Energy Services, and Claudine Swartz, Regulatory Analyst. An excerpt from Exhibit 201 and written materials supporting SoCal's position were used and are attached to the notice. Rea stated that SoCal would have to eliminate 1,600 additional jobs over the performance based ratemaking (PBR) period to operate at the level of cost that the proposed decision (PD) would authorize. Rea also stated that because jobs have been cut most heavily and were slated for further reduction as a result of PE-Enova merger, reductions in jobs created by the PBR would impact field or customer service workforce significantly. Rea argued that the PD deprived SoCal of tools it had proposed to achieve productivity other than cost reduction. Van Lierop stated that growth in number of customers was not likely to be high enough to present a significant opportunity for additional productivity, even if a PBR formula gave some extra revenue to SoCal to offset the costs of serving additional customers. Van Lierop also stated that rate indexing could be adopted now that would avoid all objections based on the global settlement. Ballew stated that the PD's treatment of base margin needed to be changed in the area, among others, of CIS in rate base, treatment of reserves, stranded office space, customer deposits, and errors in calculation of base margin in the tables in Appendix B of the PD. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 05/23/97 THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED ON 5/22/97 AND APPEARED IN THE CALENDAR OF 5/23/97. On May 19, 1997, John Hughes, Manager, Regulatory Affairs, Southern California Edison Company (Edison), had two communications with Cmmr. Neeper. The first communication was providing a copy of the announcement (attached to the notice) from Southern California Gas Company (SoCal). Copies of the announcement were also provided to Cmmr. Duque, Cmmr. Knight, Cmmr. Bilas, and Cmmr. Conlon. The second communication was a meeting with Cmmr. Neeper in San Francisco. The announcement indicates that SoCal has reported consolidated net income of $50 million, or 60 cents per share of common stock, a 5% earnings per share increase for the first quarter of 1997. The press release further indicates that SoCal's authorized return on common equity is 11.60% and that for the first quarter SoCal achieved return on common equity was 16.69%. During the meeting with Cmmr. Neeper, Hughes stated that the information in the SoCal's announcement would be useful when the Commission addresses the SoCal's performance based regulation for base rate application. Edison Contact: Bobbie Cao filed Tel: (818) 302-2310 05/23/97 A96-03-007 Pacific Bell Communications, for a certificate of public convenience and necessity to provide InterLATA and IntraLATA telecommunications services. On May 20, 1997, Dan Jacobsen, Director of Regulatory and External Affairs for Pacific Bell Communications (PBCom), spoke with Fassil Fenikile, advisor to Cmmr. Neeper. Jacobsen explained that during an upcoming meeting with Cmmr. Neeper, PBCom will be expressing concerns about certain areas in the draft decision of 5/5/97, such as: creation of a separate sales force and the frustration this will cause customers; the ban on the use of CPNI by the separate sales force; and PBCom's need for limited facility-based authority for intraLATA service. PBCom Contact: Erin Servo filed Tel: (510) 468-5165 05/23/97 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 20, 1997, Rebecca Q. Morgan, President and Chief Executive Officer, Joint Venture - Silicon Valley Network, and a member of Pacific Gas and Electric Company's (PG&E) Board of Directors, spoke with Cmmr. Duque in San Francisco. Morgan requested that the Commission support the alternate decision. Morgan stated that Cmmr. Knight's alternate would result in a more fair outcome for PG&E than the ALJ's proposed decision. PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 05/23/97 C96-12-026 MCI Telecommunications Corporation vs. Pacific Bell and Pacific Bell Communications, for illegal conduct stalling MCI's efforts to enter the local exchange market. C96-12-044 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. C97-02-021 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 anti- competitive and discriminatory processes for handling customer migration to competitive local carriers reselling Pacific Bell's services. THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED ON 5/15/97 AND APPEARED IN THE CALENDAR OF 5/19/97. On May 13, 1997, Rick Witherington, Vice President of Government Affairs of AT&T Communications of California (AT&T), met with Cmmr. Knight in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; and Randolph Deutsch, AT&T General Attorney. Documentation (attached to the notice) regarding the upgrade was used. Witherington expressed concern over Pacific Bell's plans to implement its "flow through" upgrade to the RMI/NDM on 5/31/97. Witherington explained that Pacific had assured AT&T that upgrade would not affect existing NDM specifications for the competitive local carriers; however, on 4/23/97, Pacific proposed new RMI/NDM specifications that would require AT&T to make significant changes to its systems. Witherington noted that additional time would be required for AT&T to analyze the specifications and then implement the necessary coding changes. Witherington warned that implementation of the modified upgrade on May 31 would seriously compromise AT&T's ability to process new local service customer orders, and that AT&T had requested that Pacific implement the flow through on May 31 in a manner that would be transparent to AT&T as previously committed. AT&T Contact: Doretta Dea filed Tel: (415) 442-2985 05/23/97 THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED ON 5/15/97 AND APPEARED IN THE CALENDAR OF 5/19/97. On May 13, 1997, Rick Witherington, Vice President of Government Affairs of AT&T Communications of California (AT&T), met with Jose Jimenez, advisor to Cmmr. Conlon, in San Francisco. Also present was Randolph Deutsch, AT&T General Attorney. Documentation (attached to the notice) regarding the upgrade was used. Witherington expressed concern over Pacific Bell's plans to implement its "flow through" upgrade to the RMI/NDM on 5/31/97. Witherington explained that Pacific had assured AT&T that upgrade would not affect existing NDM specifications for the competitive local carriers; however, on 4/23/97, Pacific proposed new RMI/NDM specifications that would require AT&T to make significant changes to its systems. Witherington noted that additional time would be required for AT&T to analyze the specifications and then implement the necessary coding changes. Witherington warned that implementation of the modified upgrade on May 31 would seriously compromise AT&T's ability to process new local service customer orders, and that AT&T had requested that Pacific implement the flow through on May 31 in a manner that would be transparent to AT&T as previously committed. AT&T Contact: Doretta Dea filed Tel: (415) 442-2985 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