ADJOURNMENTS-RESETTINGS-SUBMISSIONS C97-02-025 Bushey-Union Safe Deposit Bank vs. Modesto and Empire Traction Company, hearing previously set for June 10, reset for 10 am, June 18, San Francisco C96-07-022 Careaga-AT&T Communications of California, Inc. vs. GTE California Inc., hearing previously set for July 3, reset for 1 pm, July 10, San Francisco I97-01-011 Bushey-Commission Order Instituting Investigation, Donald Blakstad, CTN Telephone Network, et al., hearing previously set for June 6, reset for 10 am, July 1, San Francisco A96-08-001 Minkin-Pacific Gas and Electric Company, non- nuclear generation related sunk costs, and related matters, Evidentiary Hearing held and continued to 9 am, June 6, San Francisco A96-11-046 Careaga-Southern California Edison Company, gas- fired electrical generation facilities, Evidentiary Hearing held and 10 am, June 6, San Francisco A93-12-025 Gottstein-Southern California Edison Company, base rate revenue, and related matter, Evidentiary Hearing held and continued to Prehearing Conference held and completed A96-10-038 Barnett-Pacific Enterprises, Enova Corporation, Mineral Energy Company, et al., Public Participation Hearing held and continued to 7 pm, June 17, Monterey Park I97-04-014 McKenzie-Commission Order Instituting Investigation, Guy W. Martens, et al., hearing set for June 9, removed from calendar to be reset to a date to be determined ADVICE LETTER FILINGS To inquire about a filing, call the CACD Energy Branch (703-1093), Telecommunications Branch (703-1889) or Water Branch (703-2028). To protest a filing, mail the original letter/telegram to the Chief of the appropriate branch (i.e., "Chief, CACD [Energy, Telecommunications or Water] Branch"), to be received no later than 20 days after the date the Advice Letter was filed. "effective TBD" means that the date is to be determined by further Commission action. A date listed as "anticipated effective" may be subject to change. An Advice Letter Supplement is not a new filing, and there is no protest period unless indicated. 05/30/97 Telecom Br 1077 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a service contract for Accunet Spectrum of Digital Services (effective TBD) 06/03/97 Telecom Br 1080 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a service contract for State Calling Service, 800 Readyline, and Megacom 800 services (effective TBD) 06/03/97 Telecom Br 52 MFS INTELENET OF CALIFORNIA, INC., Introduce Intelenet full Service Voice Product and Rates to Rule 2.2 (effective TBD) 06/03/97 Telecom Br 18850 PACIFIC BELL, Customer Specific contract for Centrex service (effective TBD) 06/03/97 Telecom Br 18851 PACIFIC BELL, Express usage contract for DDD, VPP (effective TBD) 06/03/97 Telecom Br 18852 PACIFIC BELL, Express usage contract for DDD, VPP, Calling Card (effective TBD) 06/03/97 Telecom Br 18853 PACIFIC BELL, Express contract for centrex (effective TBD) 06/03/97 Telecom Br 18854 PACIFIC BELL, Provide the offering of 12 strand 62.5 micron core multi-mode fiber system for FDDI, LAN and PBX to remote module connection (effective TBD) 06/03/97 Telecom Br 18855 PACIFIC BELL, Provide the offering of 12 strand 62.5 micron core multi-mode fiber system for FDDI Lan connection (effective TBD) 06/03/97 Water Br 39 KENWOOD VILLAGE WATER COMPANY, To establish the Schedule No. LC, Late Payment Charge, to establish the bad check charge in Rule 9, and to increase the service reconnection charges in Rule 11 pursuant to Res. W-4035, dated April 9, 1997. (effective TBD) 06/03/97 Water Br 35 PENNGROVE WATER COMPANY, To establish the Schedule No. LC, Late Payment Charge, to establish the bad check charge in Rule 9, and to increase the service reconnection charges in Rule 11 per Resolution W-4035, dated April 9, 1997. (effective TBD) 06/04/97 Telecom Br 1 FARECALL CORPORATION, Initial filing per D.96-12-0590 (effective TBD) 06/04/97 Telecom Br 8502 GTE CALIFORNIA INCORPORATED, List each discounted rate of those GTE services currently approved for discounts in compliance with D.96-10-066 (effective TBD) 06/04/97 Telecom Br 30 MCIMETRO ATS, INC. (WESTERN UNION ATS), Add service in GTE exchange areas (effective TBD) 06/04/97 Telecom Br 18847-A PACIFIC BELL, Supplements A.L. No. 18847, Revise tariffs to add Easy 8 (effective TBD) 06/04/97 Telecom Br 18856 PACIFIC BELL, Provide the offering of one FDDI link (effective TBD) 06/04/97 Telecom Br 18857 PACIFIC BELL, Provide the renewal of the offering of 5 strans of multimode fiber for FDDI LAN connection (effective TBD) 06/04/97 Telecom Br 18858 PACIFIC BELL, change due By Date Cycle for business customers to 15 days (effective TBD) 06/04/97 Telecom Br 8 U.S. LONG DISTANCE INC., Introduce its Facilities Based Competitive Local Exchange tariff (effective TBD) 06/04/97 Water Br 104-W APPLE VALLEY RANCHOS WATER COMPANY, To revise service area map to include areas requesting water service. (effective TBD) 06/04/97 Water Br 508 CALIFORNIA-AMERICAN WATER COMPANY, [Monterey Division]To implement a Water Conservation Plan. (effective TBD) ADVICE LETTER PROTESTS To inquire about a protest, call the Energy Branch (703-1093), Telecommunications Branch (703-1889) or Water Branch (703-2028). To obtain a copy of the protest, please direct your request to the protestor. NONE D E C I S I O N S COMMISSION MEETING OF 5/21/97 5/21/97 D97-05-048 I95-12-005 - Investigation on the Commission's own motion into the operations and practices of David Moshe (respondent), dba Davi's Auto For Hire. Approves a Settlement Agreement (settlement) between respondent, a charter-party carrier of passengers, and the Commission's Safety and Enforcement Division. Under the settlement, respondent agrees not to contest the allegations of violations made in the Order Instituting Investigation. Respondent shall serve a 24-month probation and pay, in installments, a punitive fine of $10,000 of which $4,000 is held in forbearance unless he violates the terms of the settlement. During the probation period, respondent shall fulfill specified reporting requirements. This proceeding is closed. D97-05-049 A97-01-017 - Telemanagement Advantage Corp. For a certificate of public convenience and necessity to provide interLATA, intraLATA and local exchange service as a reseller. It also registers as a provider of cellular service. Granted. This proceeding is closed. D97-05-050 A95-08-040 - Division of Ratepayer Advocates (DRA). To modify Resolution G-3167, dated April 5, 1995, in which the Commission granted Southern California Gas Company (SoCalGas) authority to establish a Seismic Services pilot program. Denies DRA's petition to modify Resolution G-3167. This proceeding is closed. D97-05-051 (ECP)C96-11-045 - Ruby Patterson v Southern California Edison Company. For high electric bills. Complainant alleges her bills were high because of a defective meter. Defendant says the meter was operating correctly. Denied. The meter was accurate and the connected load was sufficient to consume the Kwhs billed. This proceeding is closed. D97-05-052 A97-01-046 - Rajen-Chovatia, dba Air-Transit Shuttle. For a certificate of public convenience and necessity to operate as an "on-call" passenger staged corporation between points in Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Solano and Sonoma Counties and vice versa to and from airports, door to door service. Authorizes applicant to operate an on-call passenger stage between the cities of Fremont, Union City, Hayward, San Lorenzo, San Leandro, Alameda, and Oakland, on the one hand, and Oakland International Airport, on the other hand. This proceeding is closed. D97-05-053 A96-10-036 - Southern California Gas Company (SoCalGas). To modify D9208038 to allow management discretion to close branch offices or modify branch office operations. Grants motion of SoCalGas for leave to withdraw its application to modify D92-08-038 to annul its Ordering Paragraph (OP) 5, thereby giving SoCalGas management the discretion to close branch offices or to modify office operations as it may see fit from time to time. SoCalGas is ordered to provide service of a notice of availability of any filing during the three years following this order in which it seeks to modify D92-08-038 OP 5 to the parties in C91-05-042 and to provide a copy of such filing to the parties in A96-10-036. This proceeding is closed. D97-05-054 A96-08-027 - Pacific Bell (Pacific). For permanent extension of D87-12-067. Grants Pacific's request to make permanent the provisional modifications to Tariff Rule 12 ordered in D95-04-067. This proceeding is closed. D97-05-055 (ECP)C97-03-022 - Thomas F. Winfield v Southern California Gas Company. For reparations because of an alleged overcharge. Dismissed because complainant failed to appear at a duly noticed hearing. D97-05-056 A93-10-025 - Southern California Gas Company. For approval pursuant to the expedited application docket of a long-term agreement with California Correctional Institute - Tehachapi. Denies the petition to modify D92-04-044. This proceeding is closed. D97-05-057 A93-02-042 - California Cogeneration Council. For modification of Resolution G-3021, G-3022 and G-3023. Closes the proceeding at request of applicant. D97-05-058 A97-02-029 - Foothill/Eastern Transportation Corridor Agency (FETCA). For an order authorizing the widening of Jamboree Road Overhead at separated grades over the Orange County Transit Authority (OCTA) and Southern California Regional Rail Authority's (SCRRA's) Orange Subdivision main line at Railroad Crossing No. 101(OR) -179.7A centerline of existing overhead, sometimes referred to as the "Jamboree Road Overhead Widening" in the Cities of Irvine and Tustin in the County of Orange. Grants request of FETCA to widen Jamboree Road Overhead grade separation bridge structure over the Orange County Transit Authority's Orange subdivision main lines in the cities of Tustin and Irvine, Orange County. As part of the project to construct State Route (SR) 231, a 26-mile toll road connecting SR-91 Freeway near the Orange County/Riverside County boundary and Jamboree Road/SR-261 suburban interchange, FETCA proposes to widen Jamboree Road Overhead. Construction of SR-231 and SR-261 will provide relief to traffic congestion in the Orange County area. This proceeding is closed. D97-05-059 A93-04-017 - Pacific Gas and Electric Company (PG&E). For rehearing of Resolution G-3045. Grants PG&E's application for rehearing of Resolution G-3045 to the extent it is inconsistent with subsequent orders. This proceeding is closed. D97-05-060 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. Denies as moot the Center for Energy Efficiency and Renewable Technologies' petition to modify D95-12-063, as modified by D96-01-009. Section 390, added to the Public Utilities Code by Assembly Bill 1890, provides for short-run avoided cost (SRAC) reform by establishing that SRAC prices will be based on the Power Exchange's market clearing price, with certain provisions. D97-05-061 C92-08-044 - Roger and Patricia Nelson, et al. v Southern California Water Company (SoCalWater). Adopts SoCalWater's plan for installing water meters in its Calipatria - Niland District. This proceeding is closed. D97-05-062 A97-01-047 - William and Jennifer Wheeler, dba Black Tie Transportation, Inc., dba Black Tie Airport Express. Authorizes applicant to establish a zone of rate freedom of $9 above and below the present fare of $20 and $9 above and $11 below the present fare of $25, respectively, between service points in Contra Costa and Alameda counties, on the one hand, and SFO and OAK, on the other hand. This proceeding is closed. D97-05-063 A89-04-021 - Southern California Gas Company. For authority to revise its rates effective October 1, 1989, in its annual cost allocation proceeding. A89-05-006, A90-02-027, A90-04-029, A90-10-032 - Related matters. Closes several consolidated proceedings which have been inactive since 1992. These proceedings are closed. D97-05-064 A97-03-011 - San Diego Metropolitan Transit Development Board (MTDB). For an order authorizing construction of two light rail vehicle tracks at-grade at Friars Road (East); grade separated above Friars Road (West), Fashion Valley Road, State Route 163, Mission Center Road, Camino Del Este, and Stadium Way; and grade separated below Interstate 805, and Interstate 15 in the City of San Diego, San Diego County. Authorizes the MTDB to construct two light rail transit tracks at-grade across Friars Road (East); the tracks shall be grade separated above Friars Road (West), Fashion Valley Road, State Route 163, Mission Center Road, Camino Del Este, and Stadium Way; and grade separated below Interstate 8, Morena Boulevard, Interstate 805, and Interstate 15 in San Diego, San Diego County, as set forth in the appendices. This proceeding is closed. D97-05-065 A96-12-054 - Mini-Bus Systems, Inc., dba SuperShuttle San Gabriel. Authorizes applicant to extend its on-call passenger stage to include the remaining portions of San Bernardino and Riverside, and the Palm Springs Airport, San Bernardino Airport, Palm Springs Rail Station, and unaccompanied baggage and express between its service points. This proceeding is closed. D97-05-066 A96-12-015 - SFO Airporter, Inc. For authority to establish a Zone of Rate Freedom (ZORF) for passenger stage corporation service authorized under PSC-37. Authorizes the applicant to re- establish ZORF fares of $8 above and below its present fares but not less than a minimum fare of $4 one-way and $8 round-trip and $2 above and below its present commute fare but not less than a minimum fare of $1. This proceeding is closed. D97-05-067 A95-01-015 - City of Imperial (City). To construct 15th Street, a public street, across the railroad tracks of the Southern Pacific Transportation Company in the City of Imperial, County of Imperial. Grants the City's petition for modification requesting that D95-09-059 be modified to indicate the correct active warning devices that will be installed at the crossing. This order is effective 30 days from the date of issuance. This proceeding is closed. D97-05-068 A96-10-041 - State of California, Department of Transportation (Caltrans). For an order authorizing the Department to: construct the Cottonwood Creek Bridge and overhead located in the City of Cottonwood, Counties of Shasta and Tehama. Authorizes Caltrans to reconstruct the existing Cottonwood Creek Overhead on Interstate Route 5 over the main line tracks of the Union Pacific Railroad (formerly the Southern Pacific Transportation) Company in Shasta County as set forth. This proceeding is closed. D97-05-069 C93-12-044 - Alfred Pierro v Pacific Gas and Electric Company. Denies Complainant's petition for modification of D94-11-051; orders that no future petition for modification in this case will be accepted from Pierro unless it contains his sworn statement under penalty of perjury that it raises new issues. This proceeding is closed. D97-05-070 A96-02-056 - Southern California Edison Company (Edison). For authority to make the following changes to its present ratemaking for its share of Palo Verde Nuclear Generating Station Unit Nos. 1,2, and 3: (i) accelerate recovery of company's sunk investment; (ii) adopt Palo Verde Incremental Cost Incentive Pricing for its incremental costs; and (iii) receive related substantive and procedural relief. Awards The Utility Reform Network $68,017.24 in compensation for its substantial contribution to D96-12-083. This proceeding is closed. D97-05-071 A97-01-032 - American Long Lines, Inc. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Grants authority to operate as a reseller of interLATA and intraLATA telecommunication services offered by communication common carriers. This proceeding is closed. D97-05-072 A97-03-006 - Custom Network Solutions, Inc. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Grants authority to resell interLATA and intraLATA telephone services. This proceeding is closed. D97-05-073 A96-11-010 - SmarTalk TeleServices, Inc. For a certificate of public convenience and necessity to provide intraLATA resold telecommunications services. Granted. This proceeding is closed. D97-05-074 C96-08-060 - Kramer Junction Company (JKC), et al. v Pacific Gas and Electric Company (PG&E). Adopts a settlement agreement between KJC and LUZ Solar Partnership III through VII (LSP), and PG&E. KJC/LSP operates five solar electric generation units (SEGS Projects). PG&E provides natural gas transportation to those facilities pursuant to Public Utilities Code section 454.6 and PG&E tariff Schedules G-P03/G-EPO, which provide a discounted rate subject to the condition that fossil fuel (gas) usage in such facilities does not exceed 25% of the total energy utilized in a calendar year. The Federal Energy Regulatory Commission (FERC) granted KJC/LSP an exemption from the 25% requirement for a limited time and KJC/LSP operated its facilities within the parameters prescribed by the FERC exemption. Section 454.6 and Schedules G-P03/G-EPO do not address such a FERC exemption. PG&E contends that KJC/LSP operated its facilities in violation of { 454.6 and Schedules G-P03/G-EPO. Therefore, PG&E backbilled KJC/LSP an additional $1,720,536.16. As part of the settlement, KJC/LSP agrees to pay PG&E $1,360,000 and continue to exclusively use PG&E gas transportation service through June 30, 2001. This proceeding is closed. D97-05-075 A90-06-046 - Erskine Creek Water Company. For authority to borrow $360,000 and to issue a note under Sections 816-830 of the Public Utilities Code. A91-07-042 - Related matter. Closes the dockets, pursuant to D95-11-040. These proceedings are closed. D97-05-076 A97-02-044 - Anthony T. and Delores E. Montana, dba Door-to-Door Airporter. To transfer a certificate of public convenience and necessity to Ross A. and Irene F. Vitalie to do business as Door-to-Door Airporter, pursuant to Section 851 through 854 of the California Public Utilities Code. Granted. This proceeding is closed. D97-05-077 A97-03-021 - South & East Bay Airport Shuttle, Inc. To establish a Zone of Rate Freedom (ZORF)for its airport passenger fares between its authorized service areas in Santa Clara, San Francisco, Alameda Counties, to and from San Francisco, San Jose, Oakland Airports. Grants authority to establish the proposed ZORF of $20 above and below its present authorized fares. This proceeding is closed. D97-05-078 A95-12-055 - The Telman Group, Incorporated. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Dismissed, without prejudice, for lack of prosecution. D97-05-079 A97-01-030 - ConnectOne Communications Corporation. For a certificate of public convenience and necessity to provide interLATA and intraLATA resold telecommunications services. Granted. This proceeding is closed. D97-05-080 C97-03-027 - Melba J. Tyson v Pacific Gas and Electric Company. Denies this complaint regarding a backbill because complainant occupied the premises and used the service, and the bill was sent within the statute of limitations period. This proceeding is closed. D97-05-081 A85-12-012 - Southern California Edison Company (Edison). For a certificate that the present and future public convenience and necessity require or will require the construction and operation of applicant of a 500 kV transmission line between Palo Verde switchyard and Devers substation and related appurtenances. Grants the joint motion of the Division of Ratepayer Advocates and Edison in response to the 11/17/95 ruling; dismisses the application without prejudice; rescinds the certificate of public convenience and necessity to construct the Devers to Palo Verde No. 2 (DPV2) transmission line, granted by D88-12-030; vacates the subject-to-refund condition approved in D93-02-007; allows Edison to recover $6.704 million in regulatory and project development costs as set forth; denies recovery of $1.75 million of accrued Allowance for Funds Used During Construction and of $850,000 of regulatory costs associated with Edison's untimely disclosure of an exchange agreement with the Los Angeles Department of Water and Power. This proceeding is closed. D97-05-082 A96-10-021 - Citizens Telecommunications Company, dba Citizens Long Distance Company. For expansion of its current authority to provide competitive local exchange services. Grants the requested authority to resell local exchange services and to provide facilities-based competitive local exchange services in the future. This proceeding is closed. D97-05-083 A96-07-025 - Arturo Luna, Antonio Luna and Jeffrey Rhodes, dba Bay Area Shuttle. For authority to operate as a passenger stage corporation between points in the San Francisco, Alameda and Contra Costa counties and the Oakland and San Francisco International Airports, and between Berkeley, Emeryville and Oakland and the Oakland International Airport. Grants Antonio Luna and Jeffrey Rhodes, dba East Bay Airporter the requested authority. This proceeding is closed. D97-05-084 A92-11-018 - The Washington Water Power Company (WWP). For an order authorizing the sale of up to and including $45,000,000 of the company's accounts receivable and for an exemption from the Commission's Competitive Bidding Rule. Grants WWP's petition to modify D92-12-068 to sell its accounts receivable to a purchaser other than the Corporate Asset Funding Co., Inc. and to extend the expiration date of D92-12-068 to December 31, 2002. This proceeding is closed. D97-05-085 A97-02-016 - The Town of Truckee. For authority to construct a replacement bridge crossing over the Union Pacific Railroad (formerly Southern Pacific Transportation) Company's track. The new bridge is located on Glenshire Drive in the town of Truckee, County of Nevada, adjacent to the existing bridge. Granted. This proceeding is closed. D97-05-086 A97-03-010 - City of Santa Clara. For an order authorizing modifications to an existing grade separated crossing of Scott Boulevard at the Peninsula Corridor Joint Powers Board main commuter line at mile post 42.9 in the City. Granted. This proceeding is closed. D97-05-087 A96-12-063 - The Atchison, Topeka and Santa Fe Railway Company. For authority to construct, maintain and operate a lead track across 19th Street, west of Tidelands Avenue, within the City of National City, County of San Diego. A96-12-064, A96-12-065, A96-12-066, A96-12-067 - Related matters. Grants request of The Burlington Northern Santa Fe Railway Company (formerly The Atchison, Topeka and Santa Fe Railway Company) for authority to construct a lead track at-grade across five existing streets; (1) Tidelands Avenue (North of 19th Street), (2) 19th Street (West of Tidelands Avenue), (3) Quay Street (North of 32nd Street), (4) Tidelands Avenue (North of 32nd Street), and (5) 24th Street within the jurisdiction of the Port of San Diego and City of National City, in San Diego County. The five applications have been combined into a single decision because they involve the same spur track. The proposed at-grade crossings are necessary to provide access to a new car unloading facility within the Port of San Diego which will generate new employment and contribute to the growth of the local economy. These proceedings are closed. D97-05-088 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. Determines the Diablo Canyon Nuclear Power Plant (Diablo Canyon) sunk costs and the incremental cost incentive price of Diablo Canyon power, as well as ancillary matters pertaining to the operation of Diablo Canyon; denies the petition of the Mothers for Peace to set aside submission; denies San Luis Obispo's motion for oral argument; grants all motions to appear, to file comments, and to file late. /Cmmr. Knight submits his dissenting opinion./ This proceeding is closed. D97-05-089 I96-02-043 - Investigation on the Commission's own motion into the operations, practices, and conduct of Communication Telesystems International (CTS), and Edward S. Soren, President of CTS, to determine whether they have complied with the laws, rules, regulations and applicable tariff provisions governing the manner in which California consumers are switched from one long distance company to another, and other requirements for long distance carriers. Revised proposed decision finds that CTS engaged in widespread violations of Section 2889.5, the antislamming statute. Sanctions ordered: 1. Operating authority suspended for three years; 2. Presubscribed interexchange carrier change submission ability suspended (for two additional years); 3. Reparations of $1.9 million to customers; 4. The California Public Utilities Commission fund reimbursed for cost of prosecution, $100,000. D97-05-090 A94-11-039 - Division of Ratepayer Advocates (DRA). For rehearing of Commission Resolution No. T-15627. Denies the application for rehearing filed by DRA (reorganized as the Office of Ratepayer Advocates), except to add an ordering paragraph to confirm Pacific Bell's obligation to separately track revenues and expenses for Personal Communications Services (PCS). Resolution T-15627 authorized below the line accounting for PCS as a Category III service. This proceeding is closed. D97-05-091 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for Local Exchange Service. I95-04-044 - Related matter. Grants the Petition to Modify D96-02-072, Conclusion of Law 29, filed by the Association of Directory Publishers. The modification deletes language which asserted that the provision of local exchange carrier subscriber listings is not an essential service. D97-05-092 A97-01-012 - MCI Communications Corporation (MCIC) and British Telecommunication plc (BT). For all approvals required for the change in control of MCIC's California certificated subsidiaries that will occur indirectly as a result of the merger of MCIC and BT. Interim Decision - Grants an exemption from compliance with sections 854(b) and (c) of Public Utilities Code (PU Code); denies the Pacific Telesis Group and SBC Communications' motion to stay and require amendment of the application; directs the assigned ALJ to process the application under PU Code section 854(a) for consideration by the entire Commission; characterizes the applicants' motion to approve the merger without delay as moot; grants the Office of Ratepayer Advocates' motion to accept its late-filed protest and directs the Docket office to file it as a response; denies the Greenlining Institute and the Latino Issues Forum's petition to intervene as procedurally incorrect. D97-05-093 A96-09-029 - Pacific Gas and Electric Company. To unbundle interstate transmission charges from core transportation rates. Approves an amended application to unbundle interstate gas transmission charges from core transportation rates during 1997, and authorizes tariff revisions. This proceeding is closed. D97-05-094 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for Local Exchange Service. I95-04-044 - Related matter. Grants the Petition to Modify D96-02-072, Conclusion of Law 29, filed by the Association of Directory Publishers. The modification deletes language which asserted that the provision of local exchange carrier subscriber listings is not an essential service. D97-05-095 A97-02-003 - Cook Telecom Inc. (Cook). For arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell (Pacific). Intermin Decision - Rejects the arbitrated agreement because it fails to comply with sections 251 and 252 of the Act. Cook and Pacific are ordered to file a new interconnection agreement that pays Cook an interim rate for termination until the Commission can set a final compensation rate through an additional hearing in this arbitration case. D97-05-096 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for Local Exchange Service. I95-04-044 - Related matter. Grants the Petition to Modify D96-02-072, Conclusion of Law 29, filed by the Association of Directory Publishers. The modification deletes language which asserted that the provision of local exchange carrier subscriber listings is not an essential service. D97-05-097 A93-11-008 - City of Morgan Hill. To construct one pedestrian grade crossing of the Southern Pacific Transportation Company E Line at the Downtown Transit Center in said City of Morgan Hill. Disposes of application for rehearing of D95-04-070 filed by Southern Pacific Transportation Company which granted ex parte authority to the City of Morgan Hill for a pedestrian grade crossing project. D97-05-098 I87-11-033 - Investigation on the Commission's own motion into alternate regulatory frameworks for local exchange carriers. A85-01-034, A87-01- 002, C86-11-028, C87-07-024, I85-03-078, I87-02- 025 - Related matters. Disposes of the joint application of American G.I. Forum and Latino Issues Forum (LIF) for rehearing of D95-08-051, which awarded intervenor compensation to several intervenors, and determined that while LIF qualified for compensation, the award was to be made following a supplemental report from LIF. I97-05-045 - Commission Order instituting investigation, on the Commission's own motion into the operations and practices of A Better Moving and Storage, Co., Inc., and its President, Bennet Mattingly. CONTINUATION COMMISSION MEETING OF 5/27/97 5/27/97 D97-05-099 A96-03-031 - Southern California Gas Company (SoCalGas). For authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding. A96-04-030 - related matter. Interim Order - grants Southern California Gas Company's (SoCalGas) motion for partial stay of D97-04-082 related to rate increases adopted for gas engine and gas air conditioning customers; orders that the rate increases that are due to the adoption of the "New Customer Only" method adopted in D97-04-082 are stayed; sets in Attachment A the rates to be in effect under this partial stay; any petitions for modification of D97-04-082 are due by 6/5/97; TURN's 5/23/97 response shall be treated as a petition for modification of D97-04-082; responses to the petitions are due by 6/19/97. EXECUTIVE ORDERS SIGNED 5/29/97 D97-05-100 C96-12-027 Nova Cellular West, Inc. dba San Diego Cellular v AirTouch Cellular of San Diego. Dismissed upon written and unopposed request of complainant; the $48,634.51 deposited with the Commission by complainant is to be disbursed to defendant AirTouch Cellular of San Diego. D97-05-101 C95-03-001 Tariff Research, Inc. v MTC Telemanagement Corp. Dismissed with prejudice upon written and unopposed request of complainant and defendant; funds deposited with the Commission as part of the complaint shall be disbursed to Goodin, MacBride, Squery, Schlotz & Richie. D97-05-102 C95-07-039 Robert Chisolm v Pacific Gas and Electric Company and GTE California Inc. Dismissed upon written request of complainant. D97-05-103 A97-01-045 Telecard Services International, Inc. For a certificate of public convenience and necessity to operate as a reseller of telephone services. Dismissed upon written and unopposed request of applicant. R E S O L U T I O N S 5/21/97 E-3490 Advice Letter 248-E of Sierra Pacific Power Company. Request approval of its contract with Plumas Sierra Rural Electric Cooperative to serve energy to fringe customers within each other's service territory. Granted. L-254 Commission resolution directing the California High Cost Fund Trust Administrative Committee to Advance Funds for Legal Services Required to Draft the Administrative Charters and Agency Agreements for California High Cost Fund B (CHCF-B) and the California Teleconnect Fund (CTF). Adopted. L-255 Commission resolution regarding subpoena requesting release of accident and investigative reports regarding Nicholas Murillo. Granted. T-16033 Advice Letter 18782 of Pacific Bell (Pacific). Request for approval of Amendment No. 1 to an interconnection agreement between CMT Partners on behalf of Bay Area Cellular Telephone Company, Salinas Cellular Telephone Company, Napa Cellular Telephone Company, and Cagal Cellular Communications Corp. and Pacific pursuant to section 252 of the Telecommunications Act of 1996. This resolution approves an amendment to a cellular interconnection agreement between CMT Partners and Pacific. The termination rates for type 2B interconnection are lowered to match the rates Pacific and cellular carriers have agreed to in recently filed and approved agreements. There also is a provision for Pacific to handle local termination compensation on behalf of "pooling" local exchange carriers; this provision is in several other interconnection agreements. Granted. T-16037 Advice Letters 18768, 18769, 18770, 18781 of Pacific Bell (Pacific). Request for approval of interconnection agreements between Pacific and Bakersfield Cellular Telephone Company, Pacific and SLO Cellular, Inc., Pacific and Santa Cruz Cellular Telephone, Inc., and Pacific and Cellular 2000 pursuant to Section 252 of the Telecommunications Act of 1996. This resolution approves the four interconnection agreements. All four cellular interconnection agreements have identical clauses. The terms are identical to a recently approved interconnection agreement with LA Cellular. These four do not have language that explicitly excludes interconnection for paging (same as LA Cellular). The agreements call for explicit compensation for transport and termination at the same rates as approved in recent cellular interconnection agreements. Advice Letter 16789 includes a supplement that corrects a typographical error. Granted. TL-18797 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-18798 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-4039 Pine Flat Water Company. Order authorizing a general rate increase producing additional annual revenues of $8,560 or 48.6% in 1997. Adopted. W-4040 Lucerne Water Company, Inc. Order authorizing a general rate increase producing $74,355 or 25.12% additional revenue in test year 1996 and a $5.60 one-time surcharge for the recovery of an unanticipated expense memorandum account producing $7,000. 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). 6/3/97 9:30 am NONE SCHEDULED 6/9/9/97 9:00 am R93-04-003 Commission Order Instituting rulemaking on Commission's own motion, open access, and I93-04-002 Commission Order Instituting Investigation on Commission's own motion, open access, (Motion of California Payphone Association for Declaratory Ruling Permitting Raymond T. Ruiz to Serve as Consultant and Expert Witness on Behalf of California Payphone Association), ALJ Jacqueline A. Reed, Presiding 6/10/97 9:30 am NONE SCHEDULED 6/17/97 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 6/6/97 9:00 am ALJ Minkin A96-08-001 (EH)-Pacific Gas and Electric Company, for Comr Conlon approval of valuation and categorization of non- Comr Bilas nuclear generation related sunk costs eligible for recovery in the competition transition charge, and A96-08-006 (EH)-San Diego Gas & Electric Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-007 (EH)-Southern California Edison Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-070 (EH)-Pacific Gas and Electric Company, to establish the competition transition charge, and A96-08-071 (EH)-Southern California Edison Company, to estimate transition costs and establish a transition cost balancing account, and A96-08-072 (EH)-San Diego Gas & Electric Company, to estimate transition costs and establish a transition cost balancing account (Phase 2), Commission Courtroom, San Francisco (also June 9- 13, and 16-20, San Francisco) 6/6/97 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 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 6/9/97 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 9:30 am ALJ Garde A96-11-023 (PHC)-City of El Segundo, to construct an Comr Neeper at-grade crossing between Douglas Street and the track of the Los Angeles County Metropolitan Transportation Authority, Commission Courtroom, Los Angeles 6/11/97 9:30 am ALJ Garde A96-12-048 (EH)-Arcadia Transit, Inc., dba SuperShuttle of Comr Neeper San Fernando Valley, to extend its passenger stage authority to include certain portions of Ventura and Santa Barbara Counties, Commission Courtroom, Los Angeles 6/12/97 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) 6/16/97 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 6/17/97 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, City Hall, 320 West Newmark Avenue, Monterey Park; (also 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) 6/18/97 10:00 am 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 6/18/97 11:00 am ALJ Barnett C97-03-054 (ECP)-Ernestine S. Napue vs. Southern California Gas Company, for incorrect estimate of her gas usage, 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) 6/23/97 2:00 pm ALJ Wetzell A96-07-009 (PHC)-Southern California Edison Company, to Comr Conlon adopt performance based ratemaking and incentive Comr Duque based ratemaking mechanisms as specified in D.95-12-063, as modified by D.96-01-009, with related changes in D.89-01-040, D.92549, and D.88-01-063, and A96-07-018 (PHC)-Pacific Gas and Electric Company, for approval of proposed hydroelectric/geothermal performance-based ratemaking (PBR) mechanisms, effective 1/1/98 and to change electric revenue requirements subject to PBR, also effective 1/1/98, Commission Courtroom, 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) 6/25/97 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 6/26/97 9:30 am ALJ Weiss C96-11-006 (EH)-First Financial Network vs. Pacific Bell, Comr Knight for unauthorized installation of telephone lines and failing to provide satisfactory service, Commission Courtroom, San Francisco 6/26/97 10:00 am ALJ Hale C95-03-057 (PHC)-Paula Karrison vs. A & P Moving, Inc., for Comr Duque alleging conspiracy to defraud, wilful negligence, fiduciary breach of contract; requesting injuncitve relief order, Commission Courtroom, San Francisco 7/1/97 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 7/8/97 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 7/8//97 10:00 am ALJ Mattson A95-05-030 (EH)-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 (EH)-Commission Order Instituting Investigation into the rates, charges, service, practices, and regulation of Roseville Telephone Company, Commission Courtroom, San Francisco 7/9/97 10:00 am ALJ Barnett C97-05-043 (ECP)-Suzan Sztrucska vs. Pacific Bell, for Comr Knight improper billing in th eamount of $514.00, Commission Courtroom, Los Angeles 7/10/97 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 7/14/97 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) 8/4//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 August 5, Los Angeles) 8/4/97 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 (also August 5-8, 11-15, and 18-22, San Francisco) 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 06/06/97 Filings with Safety and Enforcement 05/29/97 TCP-11126-B Francisco Reyes, dba V & R Tours, 186 East 48th Street, Los Angeles, CA 90011, Tel. No. (213) 233-3822, application for new TCP Class B Certificate 06/02/97 TCP-11129-B Kenneth L. Brooks, dba Alice Brooks Bus Co., P. O. Box 4986, Cerritos, CA 90703, Tel. No. (562) 865-8000, terminal address: 160 McKinley Street, Oceanside, CA 92057, Tel. No. (760) 941-7648, application for new TCP Class B Certificate NEW FILINGS 05/30/97 C97-05-054 ECP-Amir Isa Al Malek vs. Pacific Bell for incorrect charges for telephone services 06/04/97 C97-06-005 Gloria Jean Smith vs. Pacific Gas and Electric Company, for non-compliance with its originally estimated costs of installation of services 06/04/97 A97-06-006 Apollo-Soyuz Airport Passenger Service, Inc. to transfer and Farman Textile, Inc. to acquire a passenger stage certificate and certain other assets pursuant to section 851, et seq. of the California Public Utilities Code (Apollo-Soyuz Airport Passenger Service, Inc., 1227 Temple Street, Suite 201, Los Angeles, CA 90026. (213) 480-1112 also (213) 250-7575.) (Farman Textile, Inc. Attn.: Daryous Safarzadeh, President, 1227 W. Temple Street, 103, Los Angeles, CA 90026. (213) 250-7557) PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 06/03/97 R94-04-031 Commission Order Instituting Rulemaking on its proposed policies governing restructuring California's electric services industry and reforming regulation; Respondents: PG&E; SoCal Edison; SoCal Gas; SDG&E; Sierra Pacific Power Co.; Pacific Power and Light Co., and I94-04-032 Commission Order Instituting Investigation on its proposed policies governing restructuring California's electric services industry and reforming regulation; Respondents: PG&E; SoCal Edison; SDG&E; SoCal Gas; Sierra Pacific Power Co.; Pacific Power and Light Co.; Petition for Modification of D97-04-044 and clarification of Commission RD&D balancing account policy by Southern California Edison Company 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 Friday June 6, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) REGULAR COMMISSION MEETINGS June 11, 1997, (10:00 am) June 25, 1997, (10:00 am) July 16, 1997, (10:00 am) San Francisco Commission Decisions and Resolutions for the Conference of 05/21/97 are included in this calendar. SUBSCRIPTION NOTICE FOR DRAFT AGENDA ITEMS In compliance with Public Utilities Code Section 311.5, parties who wish to subscribe to receive draft agenda items may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one- year subscription to the entire public agenda package (which excludes Executive Session materials) is $1,000. You may also order a partial agenda package (energy agenda items only or telecommunication agenda items only) at the cost of $500 per year. The package you receive via mail will include only those agenda items available at the time of the agenda distribution date, which is usually 10 to 12 days prior to the Commission meeting. If agenda items (including revisions) are not ready on the distribution date, they will be made available at no charge in the lobby outside the Commission Auditorium at 9:00 a.m. on the morning of the Commission meeting, but not earlier. In addition, the Commission will make draft agenda items available for viewing and photocopying (at 20 cents per page) at the Commission's Central Files Office (Room 2002), 505 Van Ness Avenue, San Francisco, and in the Commission offices in Los Angeles, San Diego, and the following field offices: El Centro, Eureka, Sacramento, and San Bernardino. Since the agenda package will be mailed to these locations, it will be available at these locations a day or two after the distribution date. These locations will not receive agenda items that are not ready on the distribution date. If an agenda item is held over to a subsequent Commission meeting, that agenda item and any revisions to that agenda item that were available on the morning of the initial Commission meeting (as well as any further available revisions) will be mailed in the Escutia package for the subsequent Commission meeting; the item and its revisions will also be available for viewing and photocopying in the Commission's Central Files office and field offices as set forth above. Intervenors who have a financial hardship determination pending or granted shall be eligible to receive draft agenda item packets at no charge. The cost to receive the agenda only, without copies of draft agenda items, remains at $75 per year. SUBSCRIPTION NOTICE FOR DAILY CALENDAR AND/OR AGENDA Parties who wish to subscribe to the Daily Calendar and/or the Agenda may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; (415) 703-1798. The subscription cost for the Daily Calendar is $225 per year. The Biweekly Daily Calendar is $50 per year. The agenda is $75 per year. Checks are to be made payable to the Public Utilities Commission. NOTICE Unless otherwise directed, all courier-delivered documents submitted for filing as part of the formal record in a proceeding should be hand-carried directly to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue in San Francisco; Room 5109, 107 South Broadway in Los Angeles; or Room 4006, 1350 Front Street in San Diego. All documents sent through the mail for formal filing should be addressed ONLY to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue, San Francisco, CA 94102. NOTICE The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: (415) 703-1203. If specialized accommodations for the disabled are needed, e.g. sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074 or TDD# (415) 703-2032 five working days in advance of the event. NOTICE To purchase Commission documents, there is a charge of 20 cents a printed page (postage prepaid) with a minimum purchase of $2.00. COMMISSIONER OFFICE HOURS 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 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 505 Van Ness Avenue, Room 4010 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 2 pm - 5 pm June 12, 1997 Travelodge Hotel Pacifica Conference Center 5547 West Century Boulevard Los Angeles The Consumer Education Advisory Panel (CEAP) will meet to review and evaluate the Consumer Education Plan and the CPUC staff's outreach activities for electric utility restructuring. This meeting is open to the public. The contact person is Geoffrey Meloche at (415) 703-3372 (jeff.meloche@cpuc.ca.gov). PUBLIC MEETING 9:30 am - 3:30 pm June 12, 1997 Deaf & Disabled Telecommunications Program Office 1939 Harrison Street, Suite 555 Oakland The Equipment Program Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. PUBLIC MEETING 9 am - 3 pm June 13, 1997 Travelodge Hotel Pacifica Conference Center 5547 West Century Boulevard Los Angeles The Consumer Education Advisory Panel (CEAP) will meet to review and evaluate the Consumer Education Plan and the CPUC staff's outreach activities for electric utility restructuring. This meeting is open to the public. The contact person is Geoffrey Meloche at (415) 703-3372 (jeff.meloche@cpuc.ca.gov). 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 10:00 am - 2:30 pm June 17, 1997 State Building 505 Van Ness Avenue, Room 3204 San Francisco The COPT Enforement Subcommittee will conduct a monthy meeting pertaining to Customer Operated Pay Telephones Committee. For more information contact Adam Thaler at (415) 703-1157. PUBLIC MEETING 9 am - 5 pm June 18, 1997 505 Van Ness Avenue (at McAllister) Room 5305 San Francisco The Consumer Education Advisory Panel (CEAP) will meet to review and evaluate the Consumer Education Plan and the CPUC staff's outreach activities for electric utility restructuring. This meeting is open to the public. The contact person is Geoffrey Meloche at (415) 703-3372 (jeff.meloche@cpuc.ca.gov). PUBLIC MEETING 9 am - 12 noon June 19, 1997 505 Van Ness Avenue, Room 5305 San Francisco The Consumer Education Advisory Panel (CEAP) will meet to review and evaluate the Consumer Education Plan and the CPUC staff's outreach activities for electric utility restructuring. This meeting is open to the public. The contact person is Geoffrey Meloche at (415) 703-3372 (jeff.meloche@cpuc.ca.gov). PUBLIC MEETING 10 am - 4 pm June 20, 1997 Deaf & Disabled Telecommunications Program Office 1939 Harrison Street, Suite 555 Oakland The California Relay Service Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. PUBLIC MEETING 10 am - 4 pm July 1, 1997 Deaf and Disabled Telecommunications Program Office 1939 Harrison Street, Suite 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 2 pm - 5 pm July 1, 1997 Atrium Hotel Sunset Suite, 2nd Floor 18700 MacArthur Boulevard Irvine The Consumer Education Advisory Panel (CEAP) will meet to review and evaluate the Consumer Education Plan and the CPUC staff's outreach activities for electric utility restructuring. This meeting is open to the public. The contact person is Geoffrey Meloche at (415) 703-3372 (jeff.meloche@cpuc.ca.gov). PUBLIC MEETING 9 am - 3 pm July 2, 1997 Atrium Hotel Sunset Suite, 2nd Floor 18700 MacArthur Boulevard Irvine The Consumer Education Advisory Panel (CEAP) will meet to review and evaluate the Consumer Education Plan and the CPUC staff's outreach activities for electric utility restructuring. This meeting is open to the public. The contact person is Geoffrey Meloche at (415) 703-3372 (jeff.meloche@cpuc.ca.gov). 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. 06/04/97 A96-09-039 Sprint Telecommunications Company, for Arbitration of Interconnection Rates, Terms, Conditions and Related arrangements with GTE California Inc. THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED ON 6/3/97 AND APPEARED IN THE CALENDAR OF 6/4/97. On May 29, 1997, Steven Zipperstein, Regional Vice President and General Counsel of GTE Telephone Operations - West Area (GTETO), met with Cmmr. Conlon, in San Francisco. Also present were: Jose Jimenez, advisor to Cmmr. Conlon; Jenny Wong, Regional Director-Regulatory Planning and Industry Affairs of GTE California Incorporated (GTE); and Tim McCallion, Regulatory and Governmental Affairs Vice President for GTETO. Zipperstein and Wong stated that the record clearly reflects that GTE made no misrepresentations to the Commission during the Sprint arbitration. Zipperstein and McCallion stated that the Commission should exercise its authority under Section 1708 of the PU Code and delete Ordering Paragraph 5, conclusion of Law 6, and the language in the last paragraph of the "discussion" section in the GTE/Sprint decision. Zipperstein and Wong stated that GTE was entitled to notice and an opportunity to be heard concerning the allegations, and thus far the Commission had not afforded GTE that opportunity. Zipperstein distributed a copy of GTE's PHC statement and exhibits (attached to the notice). GTEC Contact: Jacque Lopez filed Tel: (805) 372-6813 06/04/97 THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED ON 6/3/97 AND APPEARED IN THE CALENDAR OF 6/4/97. On May 29, 1997, Steven Zipperstein, Regional Vice President and General Counsel of GTE Telephone Operations - West Area (GTETO), met with Cmmr. Bilas, in San Francisco. Also present were: Lester Wong, advisor to Cmmr. Bilas; Jenny Wong, Regional Director-Regulatory Planning and Industry Affairs of GTE California Incorporated (GTE); and Tim McCallion, Regulatory and Governmental Affairs Vice President for GTETO. Zipperstein and Wong stated that the record clearly reflects that GTE made no misrepresentations to the Commission during the Sprint arbitration. Zipperstein and McCallion stated that the Commission should exercise its authority under Section 1708 of the PU Code and delete Ordering Paragraph 5, conclusion of Law 6, and the language in the last paragraph of the "discussion" section in the GTE/Sprint decision. Zipperstein and Wong stated that GTE was entitled to notice and an opportunity to be heard concerning the allegations, and thus far the Commission had not afforded GTE that opportunity. Zipperstein distributed a copy of GTE's PHC statement and exhibits (attached to the notice). GTEC Contact: Jacque Lopez filed Tel: (805) 372-6813 06/04/97 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. A97-05-018 Southern California Edison Company, for for (1) authority to reduce rates effective January 1, 1998; (2) authority to sell or assign transition property to one or more financing entities; (3) authority to service rate reduction bonds on behalf of financing entities; (4) authority to establish charges sufficient to recover fixed transition amounts, and (5) such further authority necessary for Edison to carry out the transactions described in this application. A97-05-022 San Diego Gas & Electric Company, for: (1) authority to reduce rates effective 1/1/98; (2) to sell or assign transition property to one or more financing entities; (3) to service rate reduction bonds on behalf of financing entities; and (4) to establish charges sufficient to recover fixed transition amounts. On June 2, 1997, Robert Finkelstein, staff attorney for The Utility Reform Network (TURN), sent a letter (attached to the notice) to ALJ Careaga in San Francisco. Finkelstein's letter was sent to advise Careaga that TURN has provided a draft statement of undisputed facts for consideration at the 6/2/97 workshop, and that the parties had not been able to work out their differences on the matter of whether there were any disputed factual assertions. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, x307 06/04/97 On June 2, 1997, Robert Finkelstein, staff attorney for The Utility Reform Network (TURN), sent a letter (attached to the notice) to Cmmr. Conlon in San Francisco. A copy of the letter was also sent to Cmmrs. Knight, Duque, Neeper, and Bilas. Finkelstein's letter was sent as a follow-up of a conversation with Cmmr. Conlon concerning the lack of linkage between rate reduction bonds and the "no less than 10 percent" rate reduction required by Section 368(a) of AB 1890. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, x307 06/05/97 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 June 2, 1997, James McTarnaghan, attorney for Enron Capital and Trade Resources (Enron), met with Cmmr. Neeper in San Francisco. Also present were: David Gamson, advisor to Cmmr. Neeper; and Mona Petrochko, of Enron. McTarnaghan and Petrochko expressed Enron's concerns related to the revised proposed decision (PD). McTarnaghan and Petrochko stated that the changes to the PD regarding Southern California Gas Company's (SoCal) proposal regarding new products and services and optional tariffs raised similar concerns to the proposals made by SoCal. McTarnaghan and Petrochko urged the Commission to not adopt the changes in the revised PD or to clarify that the intent of those changes in the final version was limited. Enron Contact: Danielle Albano filed Tel: (415) 781-0701 06/05/97 A97-02-022 San Diego Gas & Electric Company, for authority to change its gas procurement for core customers (GPC) tariff. On June 2, 1997, James McTarnaghan, attorney for Enron Capital and Trade Resources (Enron), met with Cmmr. Neeper in San Francisco. Also present were: David Gamson, advisor to Cmmr. Neeper; and Mona Petrochko, of Enron. McTarnaghan stated that Enron supported the removal of the price cap but opposed San Diego Gas and Electric Company's (SDG&E) proposed recovery of the undercollection through a non-bypassable surcharge. McTarnaghan and Petrochko explained that SDG&E had a significant competitive advantage during the winter months. Enron Contact: Danielle Albano filed Tel: (415) 781-0701 06/05/97 R95-04-043 Rulemaking on the Commission's own motion into competition for local exchange service, and I95-04-044 Investigation on the Commission's own motion into competition for local exchange service. LATE FILED. On May 29, 1997, Thomas Keane, President of California Payphone Association (CPA), met with Jose Jimenez, advisor to Cmmr. Conlon, in San Francisco. Also present was Martin Mattes, counsel for CPA. Keane observed that the market for payphone services is dominated by the incumbent local exchange carriers. Mattes noted that the Commission indicated its willingness to reconsider the COPT resale pricing issue through ALJ Pulsifer ruling of 3/28/96. Keane noted the the Commission traditionally has priced COPT service similarly to measured business service, with add-on price elements for a few special features. Keane stated that the GTE California tariff makes this clear, by setting the price of a COPT line at the same rate as a business line and pricing the other features separately. Keane expressed concern that the Commission had declined in the past to treat independent payphone providers (IPPs) like carriers. Mattes pointed out the high cost of obtaining and implementing competitive local carrier (CLC) authority and noted that the majority of IPPs are small businesses that could not afford the steps required to become a CLC. Keane stated that NucomNet is the only CLC that has filed a tariff to offer COPT services and that even NucomNet has yet to provide such services. Keane emphasized that unless avoided cost discounts for wholesale COPT services are made available, it is unlikely that the major CLCs will offer service to IPPs, which would relegate IPPs to a permanent condition as captive customers of the incumbent local exchange carriers (LECs). Mattes noted that the cost LECs would incur to offer COPT services on a wholesale basis to CLCs should be substantially less than these associated with service directly to IPPs. Mattes emphasized the similarity of IPPs to other small business customers and noted that filing service orders for a CLC and meeting a CLC's customer needs should be substantially less costly, than doing so for many small IPPs. CPA Contact: Jeannie Wong filed Tel: (415) 954-0374 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 C96-12-005 Patrick-Lew A. Garbutt vs. Pacific Gas and Electric Company, hearing set for June 13, removed from calendar