ADJOURNMENTS-RESETTINGS-SUBMISSIONS 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 13, San Francisco I96-04-022 Garde-Commission Order Instituting Investigation, Marco C. Araiza, dba Araiza Express, Prehearing Conference held and completed CORRECTION TO THE DAILY CALENDAR OF 6/12/97 A96-12-048 Garde-Arcadia Transit, Inc., dba SuperShuttle of San Fernando Valley, Evidentiary Hearing held and submitted upon receipt of concurrent opening briefs due August 1 and concurrent reply briefs due August 11 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. 05/20/97 Energy Br 1673E PACIFIC GAS & ELECTRIC COMPANY, Submits notice of the construction of a power line between the Cities of San Jose and Milpitas. (effective TBD) 05/29/97 Energy Br 1053G SAN DIEGO GAS & ELECTRIC COMPANY, Gas Preliminary Statement, Schedules GTC, GTCA, GPC, and Table of Contents. (effective TBD) 06/04/97 Telecom Br 1 INTERNATIONAL EXCHANGE NETWORKS, LTD., Initial filing per D.97-05-014 (effective TBD) 06/04/97 Telecom Br 1 WEST COMMUNICATIONS (FTS COMMS. INC.), Initial filing per D.97-05-006 (effective TBD) 06/05/97 Telecom Br 1 CUSTOM NETWORK SOLUTIONS, INC., Initial filing per 97-05-072 (effective TBD) 06/05/97 Telecom Br 18859 PACIFIC BELL, Provide notification of contracts entered into under Schedule D (effective TBD) 06/06/97 Telecom Br 28 AMERICALL (PAC-WEST TELECOMM. INC.), Introduce new rate plans (effective TBD) 06/06/97 Telecom Br 1081 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a service contract for State Calling Service, 800 Readyline, and Megacom 800 services (effective TBD) 06/06/97 Telecom Br 1082 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a service contract for State Calling Service, 800 Readyline, and Megacom 800 Services (effective TBD) 06/06/97 Telecom Br 1083 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a service contract for State Calling Service, 800 Readyline, and Megacom 800 Services (effective TBD) 06/06/97 Telecom Br 1084 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a service contract for State Calling Service, 800 Readyline, and Megacom 800 services (effective TBD) 06/06/97 Telecom Br 1085 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a service contract for AT&T Uniplan service (effective TBD) 06/06/97 Telecom Br 8472-A GTE CALIFORNIA INCORPORATED, Supplements A.L. No. 8472, GTE and Crown Cellular Paging Interconnection Agreement (effective TBD) 06/06/97 Telecom Br 8473-A GTE CALIFORNIA INCORPORATED, Supplements A.L. No. 8473, GTE and Kitchen Productions, Inc. interconnection agreement (effective TBD) 06/06/97 Telecom Br 179-D HAPPY VALLEY TELEPHONE CO., Supplements A.L. No. 179, New toll restriction feature and clarify an existing feature (effective TBD) 06/06/97 Telecom Br 157-D HORNITOS TELEPHONE COMPANY, Supplements A.L. No. 157, New toll restriction feature (effective TBD) 06/06/97 Telecom Br 31 MCIMETRO ATS, INC. (WESTERN UNION ATS), Reduce Calling Number Delivery Blocking charge and add new NPA-NXX for San Francisco (effective TBD) 06/06/97 Telecom Br 18861 PACIFIC BELL, Add Individual Features and Feature Groups (effective TBD) 06/06/97 Telecom Br 18862 PACIFIC BELL, Add Centrex feature (effective TBD) 06/06/97 Telecom Br 18863 PACIFIC BELL, Cellular Interconnection Agreement for California RSA NO. 3 Limited Partnership (effective TBD) 06/06/97 Telecom Br 18864 PACIFIC BELL, PCS Interconnection Agreement for Cox Communications PCS, L.P. (effective TBD) 06/09/97 Telecom Br 1086 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a new feature offering for AT&T Uniplan Service called AT&T Uniplan one rate service (effective TBD) 06/09/97 Telecom Br 89 CABLE & WIRELESS INC. (TDX), Ends a promotional offering (effective TBD) 06/09/97 Telecom Br 18865 PACIFIC BELL, Provide 16 strands of 62.5 micron core multimode fiber (effective TBD) 06/09/97 Telecom Br 18866 PACIFIC BELL, Government contract for centrex service (effective TBD) 06/09/97 Telecom Br 6 PACIFIC GATEWAY EXCHANGE INC., Provide intraLATA service (effective TBD) 06/09/97 Telecom Br 204 SIERRA TELEPHONE COMPANY, INC., Text changes requested by Commission Staff (effective TBD) 06/09/97 Telecom Br 205 SIERRA TELEPHONE COMPANY, INC., Elimination of references to IntraLATA service Billing Surcharge, re-establishment of visit charge premium rate, clarification of application of mult-element service charges (effective TBD) 06/09/97 Telecom Br 206 SIERRA TELEPHONE COMPANY, INC., Continues concurrence in Pacific Bell's tariff (effective TBD) 06/09/97 Water Br 40 KENWOOD VILLAGE WATER COMPANY, Offset increase in the Consumer Price Index. (effective TBD) 06/09/97 Water Br 14 MATT DILLON WATER COMPANY, Establish Sch. LC, Late Payment Charge, establish bad check charge in Rule 9, and increase reconnection charges in Rule 11. (effective TBD) 06/09/97 Water Br 41 MOUNTAIN WATER COMPANY, Impose one-time surcharge to recover fees paid to the Dept. of Health Services. (effective TBD) 06/09/97 Water Br 29-W RIO PLAZA WATER COMPANY, INC., Revise Sch. LC, Late Payment Charge, establish bad check charge in Rule 9, and increase reconnection charges in Rule 11. (effective TBD) 06/10/97 Telecom Br 2 DELTACOM LONG DISTANCE SERVICES, Correct the Teleconnect Fund (effective TBD) 06/10/97 Telecom Br 8503 GTE CALIFORNIA INCORPORATED, Toll and CentraNet contract (effective TBD) 06/10/97 Telecom Br 8504 GTE CALIFORNIA INCORPORATED, Toll and CentraNet contract (effective TBD) 06/10/97 Telecom Br 18867 PACIFIC BELL, Provide 24 strands of 62.5 micron core multimode fiber (effective TBD) 06/10/97 Telecom Br 18868 PACIFIC BELL, Provide 12 strands of 62.5 micron core multimode fiber (effective TBD) 06/10/97 Telecom Br 18869 PACIFIC BELL, Provide four fiber cables of 4 strands of multimode fiber (effective TBD) 06/10/97 Telecom Br 18870 PACIFIC BELL, Express usage contract (effective TBD) 06/10/97 Telecom Br 393 ROSEVILLE TELEPHONE COMPANY, Reduce the charges for customers requesting directory assistance from within the LATA (effective TBD) 06/10/97 Telecom Br 4 SPECTRANET ANAHEIM, Restructures rate schedules and updates language (effective TBD) 06/10/97 Water Br 31 SONORA WATER COMPANY, General rate increase, and to revise its tariff rules and service forms. (effective TBD) 06/11/97 Telecom Br 6 CONQUEST OPERATOR SERVICES CORP, Add additional service descriptions information and add Oniworld Prepaid Card (effective TBD) 06/11/97 Telecom Br 18802-A PACIFIC BELL, Supplements A.L. No. 18802, Establish a new 626 area code and to move prefixes currently assigned to the 818 area code to the new 626 and to add new prefixes (effective TBD) 06/11/97 Water Br 37 GERBER WATER WORKS, INC., Offset increase in the Consumer Price Index. (effective TBD) 06/11/97 Water Br 46 SEA RANCH WATER COMPANY, THE, Impose a one-time surcharge to recover fees paid to the Dept. of Health Services. (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. 06/03/97 Energy Br 1672E PACIFIC GAS & ELECTRIC COMPANY, Submits an interim 90-day Direct Access Memorandum Account in compliance with Decision 97-05-040. Protest by Office of Ratepayer Advocates. 06/03/97 Energy Br 1035E SAN DIEGO GAS & ELECTRIC COMPANY, Establishment of Interim 90-Day Direct Access Memorandum Account. Protest by Office of Ratepayer Advocates. 06/03/97 Energy Br 2019G PACIFIC GAS & ELECTRIC COMPANY, Revisions to Nominations section of Rule 21 to comport with FERC Order 587 and new Gas Industry Standards Board (GiSB) standards. Protest by Enron Capital & Trade Resources (Enron). 06/03/97 Energy Br 1233E SOUTHERN CALIFORNIA EDISON COMPANY, Establishment of the Interim Direct Access Memorandum Account (IDA Memorandum Account). Late filed protest by Office of Ratepayer Advocates. 06/09/97 Energy Br 1052G SAN DIEGO GAS & ELECTRIC COMPANY, Rate Decrease (BCAP Compliance) effective 6/1/97. Protest by Office of Ratepayer Advocates. 06/09/97 Energy Br 1053G SAN DIEGO GAS & ELECTRIC COMPANY, Gas Preliminary Statement, Schedules GTC, GTCA, GPC, and Table of Contents. Protest by Office of Ratepayer Advocates. 06/09/97 Telecom Br 8492 GTE CALIFORNIA INCORPORATED, Reprices COPT and Coin Line services to comply wiht FCC docket 96-128 Late filed protest by Graham & James L.L.P. 06/09/97 Telecom Br 1067 CONTEL SERVICE CORPORATION, Comply with FCC Docket NO. 96-128 Late filed protest by Graham & James L.L.P. 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 6/10/97 9:30 am NONE SCHEDULED 6/13/97 10:00 am A96-10-038 Joint Application of Pacific Enterprises, Enova Corporation, Mineral Energy Company, et al., Motion of Enova Corporation and Pacific Enterprises to compel discovery of Southern California Edison Company; and Motion of Interested Parties to compel depositions of Enova Corporation, ALJ Robert Barnett, presiding 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 6/13/97 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 16-20, Francisco) 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 9:00 am ALJ Bushey C96-12-043 (PHC)-U.S. Long Distance, Inc. vs. Pacific Bell, Comr Knight for losses in excess of $100,000 due to defendant's improper administration of billing and collection services edit called "scan and reject edit," Commission Courtroom, San Francisco 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, and C97-04-065 (PHC)-Southern California Edison Company vs. California Cable Television Association, for unauthorized installation of pole attachments, 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 10:00 am ALJ Mattson A97-02-003 (PHC)-Cook Telecom, Inc., for arbitration Comr Knight pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell, 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 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 6/23/97 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 1:30 pm ALJ Rosenthal I96-10-033 (PHC)-Commission Order Instituting Investigation Comr Conlon to determine whether Pacific Gas and Electric Company should be held in violation of Gas Tariff Rule 16 for failure to provide trenching at no cost within the allowance of 100 feet in accordance with D.94-12-026, Commission Courtroom, 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 6/30/97 9:30 am ALJ Bennett C97-05-052 (ECP)-Christine Helwick vs. Pacific Bell, for Comr Duque improper charges in the amount of $45.00, Commission Courtroom, San Francisco 6/30/97 1:30 pm ALJ Bennett C97-05-054 (ECP)-Amir Isa Al Malek vs. Pacific Bell, for incorrect charges for telephone services, Commission Courtroom, San Francisco 6/30/97 2:00 pm ALJ Careaga C97-04-025 (PHC)-ARCO Products Company, Mobil Oil Comr Duque Corporation, Texaco Refining and Marketing, Inc., vs. SFPP, L.P., for violation of Section 451 of the Public Utilities Code by charging rates that are not just and reasonable for the intrastate transportation of refined petroleum products, 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 7/2/97 10:00 am ALJ Econome A97-04-005 (PHC)-Unocal California Pipeline Company to sell Comr Bilas and Tosco Corporation to acquire public utility assets pursuant to Section 851 of the Public Utilities Code and to transfer control of a public utility pursuant to Section 854 of the Public Utilities Code, Commission Courtroom, San Francisco 7/3/97 1:30 pm ALJ Kenney C97-02-027 (PHC)-Pacific Bell vs. MCI Telecommunications Comr Bilas Corporation for failure to remit the pay station service charge (PSSC) to Pacific Bell for intraLATA non-sent-paid calls originating on Pacific Bell payphones, and for engaging in unfair competition by providing intraLATA service to its customers without imposing PSSC, 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 McKenzie I97-04-014 (EH)-Commission Order Instituting Investigation Comr Neeper on the Commission's own motion and order whether Guy W. Martens, dba Western Cellular, Inc., has violated consumer protection laws and should be subject to sanctions or the imposition of operating requirements to advance consumer protection, Commission Courtroom, 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 9:00 am ALJ Bushey I97-04-044 (EH)-Commission Order Instituting Investigation Comr Neeper into the operations and practices of L.D. Services, doing business as Long Distance Services, to determine whether the entity unlawfully switched subscribers' primary interexchange carrier without the subscriber's authorization, in violation of Public Utilities Code Section 2889.5, Commission Courtroom, San Francisco (also July 29 and 30, 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 06/11/97 Filings with Safety and Enforcement 06/10/97 TCP-4603-A Oskar J's Sightseeing Tours, Inc., 4334 Woodman Avenue, Sherman Oaks, CA 91423, Tel. No. (818) 501-2217, application for new TCP Class A Certificate MISCELLANEOUS TRANSPORTATION ITEMS 06/12/97 and 06/13/97 NONE NEW FILINGS 06/02/97 A97-06-016 Unocal California Pipeline Company, for authority to remove facilities from common carrier service 06/04/97 A97-06-015 Tie Communications, Inc., for a certificate of public convenience and necessity to provide resold competitive local carrier services 06/10/97 A97-06-014 Pacific Telehub Network Services Corporation, for a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services 06/11/97 A96-05-001 Amendment-City of San Diego, for an order authorizing the reopening of the existing at grade pedestrian crossing at 54th St (between Market Street and Naranja St) to vehicular traffic in the City & County of San Diego; Provides additional information as requested by ALJ PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 06/10/97 A97-01-012 MCI Communications Corporation and British Telecommunications plc, for all approvals required for the change in control of MCIC's California Certified Subsidiaries that will occur indirectly as a result of the merger of MCIC and BT; Petition for modification of Interim Opinion D.97-05-092 by Greenlining Institute and Latino Issues Forum DRAFT DECISIONS/PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS NONE NEW SETTINGS 6/24/97 1:30 pm ALJ Rosenthal I96-10-033 (PHC)-Commission Order Instituting Investigation Comr Conlon to determine whether Pacific Gas and Electric Company should be held in violation of Gas Tariff Rule 16 for failure to provide trenching at no cost within the allowance of 100 feet in accordance with D.94-12-026, Commission Courtroom, San Francisco 6/30/97 1:30 pm ALJ Bennett C97-05-054 (ECP)-Amir Isa Al Malek vs. Pacific Bell, for incorrect charges for telephone services, Commission Courtroom, San Francisco 6/30/97 2:00 pm ALJ Careaga C97-04-025 (PHC)-ARCO Products Company, Mobil Oil Comr Duque Corporation, Texaco Refining and Marketing, Inc., vs. SFPP, L.P., for violation of Section 451 of the Public Utilities Code by charging rates that are not just and reasonable for the intrastate transportation of refined petroleum products, Commission Courtroom, San Francisco 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 13, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) REGULAR COMMISSION MEETINGS June 25, 1997, (10:00 am) July 16, 1997, (10:00 am) August 1, 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 June 16, 1997 Commissioner Jessie 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 Jessie J. Knight Jr. 9 am - 12 pm City Hall Council Chambers 415 So. Ivy Ave. Monrovia June 27, 1997 Commissioner Jessie J. Knight Jr. 9 am - 12 pm San Ysidro Senior Center 215 East Park St. San Ysidro June 30, 1997 Commissioner Richard A. Bilas 1 pm - 4 pm Veterans Affairs Bldg. 1227 O St., Room 404 Sacramento For further information or to make an appointment, please contact Sandra Graham at (213) 897-3544. PUBLIC MEETING 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 Meetings of the Governing Board For Low Income Assistance Programs 10 am - 4 pm June 19, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 5012 San Francisco In Decision (D) 97-02-014 and D97-04-044, the Commission established a new structure for the future administration of energy efficiency and low-income assistance programs. This structure requires an Independent board to oversee energy efficiency programs, a Governing Board to oversee low-income programs, and administrative entities selected through a competitive bidding process. The Governing Board for Low-Income Assistance Programs will meet to discuss and establish the initial organization, budget, operating principles and rules, and staffing/consultant requirements and all issues necessary to respond to May 19 and July 2 filings. These meetings are open to the public. Patrick Hoglund of the Energy Division is the contact person at (415) 703-2043. PUBLIC MEETING Meetings of the Energy Efficiency Independent Board 1:30 pm - 6:00 pm June 19, 1997 and 8:30 am - 3:30 pm June 20, 1997 Pacific Gas and Electric Company Energy Center 851 Howard Street (1 block west of the Moscone Center) San Francisco In Decision (D) 97-02-014 and D97-04-044, the Commission established a new structure of 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 Energy Efficiency Independent Board will meet to discuss the transition of utility energy efficiency programs to independent administrators, establishment of a technical advisory committee, proposed 1997 budget, rules related to utility affiliates, coordination between the Independent Board and the Low Income Governing Board and other issues necessary to respond to the July 18 filings regarding Board start-up and program transition schedules. On July 19, utilities will make presentations to the Board regarding their descriptions of current programs and assets, as filed with the Commission on June 9. The Board may move to an Executive Session (closed session) if needed. 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. All meetings of the Energy Efficiency Board are open to the public. Nancy Licht of Wm. Nesbit & Associates is the contact person at (707) 523-1663. Patrick Hoglund of the Energy Efficiency Division may also be contacted at (415) 703-2043. 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 9 am - 5 pm June 23, 1997 The Cathedral Hill Hotel 1101 Van Ness Ave, at Geary Twins Peak Conference Room San Francisco (THIS IS A NEW MEETING LOCATION) The Consumer Education Advisor Panel (CEAP) will meet to review and evaluate the Consumer Education Plan, to finalize the panel's report to the Commission on that plan, and to discuss the CPUC staff's outreach activities for electric utility restructuring. The members may also address administrative matters related to the panel. This meeting is open to the public. The contact person is Geoffrey Meloche at (415) 703-3372; (jeff.meloche@cpuc.ca.gov). PUBLIC MEETING Meetings of the Energy Efficiency Independent Board 9:30 am - 4:00 pm June 25, 1997 Pacific Gas and Electric Company Energy Center 851 Howard Street (1 block west of the Moscone Center) San Francisco In Decision (D) 97-02-014 and D97-04-044, the Commission established a new structure of 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 Energy Efficiency Independent Board will meet to discuss the transition of utility energy efficiency programs to independent administrators, technical consulting services, bylaws, incorporation, officers, conflict of interest, and other issues necessary to respond to the July 18 filings regarding Board start-up and program transition schedules. The Board may move to an Executive Session (closed session) if needed. 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. All meetings of the Energy Efficiency Board are open to the public. Nancy Licht of Wm. Nesbit & Associates is the contact person at (707) 523-1663. Patrick Hoglund of the Energy Efficiency Division may also be contacted at (415) 703-2043. 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. 06/11/97 A96-02-030 Dana Point/Catalina Transit Co., dba Dana Point/Catalina Transit Co., Inc., amended to Catalina Explorer Co., Inc., for certificate of public convenience and necessity to operate a vessel common carrier between Dana Point, California and Avalon, California, and A96-04-013 Island Navigation Company, Inc. dba Catalina Island Water Transportation Company, to amend its certificate of public convenience and necessity and to extend its operating authority to include the transportation of persons and baggage by vessel between Dana Point and Long Beach, California, on the one hand, and all points and places on Santa Catalina Island on the other. C97-03-050 Island Navigation Company, Inc. vs. Catalina Channel Express, Inc., for promoting service without first obtaining the Commission's authorization and for unlawful competition; request for a cease and desist order. On June 6, 1997, Jose Guzman, Jr., attorney for Island Navigation Company, Inc. (Island), met with Cmmr. Duque in San Francisco. Also present were: Michelle Cooke, advisor to Cmmr. Duque; Tim Hodge, a Commission legal intern; Jefferey Stickler, President of Island; and James Radcliffe and Peter Larsen, attorneys for Island. A written material (attached to the notice) was used. Referring to Island's application for cross-channel certificate of public convenience and necessity, Guzman stated that Island had made an adequate showing of public convenience and necessity for the proposed services, and that there currently no service from Dana Point. Guzman noted that competition in the Long Beach market would benefit the public through lower rates and better service. With respect to Island's complaint, Guzman stated that Island agreed with the proposed decision dismissing the complaint as moot, since it provided that Catalina Channel Express needed additional authority to institute Dana Point service. Island Contact: Jose E. Guzman, Jr. filed Tel: (415) 398-3600 06/11/97 On June 6, 1997, Jose Guzman, Jr., attorney for Island Navigation Company, Inc. (Island), met with David Gamson, advisor to Cmmr. Neeper, in San Francisco. Also present were: Jefferey Stickler, President of Island; and James Radcliffe, Lenard Weiss and Peter Larsen, attorneys for Island. A written material (attached to the notice) was used. Referring to Island's complaint, Guzman stated that his understanding of the proposed decision was that Catalina Channel Express' (Catalina) certificate of public convenience and necessity (CPCN) for Dana Point was not valid because further authority was needed before Catalina instituted cross-channel service from Dana Point. Guzman stated that if that was the Commission ruling then that is what the Commission decision ought to say. With respect to Island's application for a cross-channel CPCN, Guzman stated that Island had made an adequate showing of public convenience and necessity for the proposed services, and that there currently no service from Dana Point. Guzman noted that competition in the Long Beach market would benefit the public through lower rates and better service. Island Contact: Jose E. Guzman, Jr. filed Tel: (415) 398-3600 06/11/97 On June 6, 1997, Jose Guzman, Jr., attorney for Island Navigation Company, Inc. (Island), met with Cmmr. Knight in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; Jefferey Stickler, President of Island; and James Radcliffe, Lenard Weiss and Peter Larsen, attorneys for Island. A written material (attached to the notice) was used. Referring to Island's application for a cross-channel certificate of public convenience and necessity, Guzman stated that Island had made an adequate showing of public convenience and necessity for the proposed services. Guzman stated that there currently is no service from Dana Point and that competition would benefit the public through lower rates and better service. With respect to Island's complaint, Guzman stated that Island agreed with the proposed decision dismissing the complaint as moot, since it provided that Catalina Channel Express needed additional authority to institute Dana Point service. Island Contact: Jose E. Guzman, Jr. filed Tel: (415) 398-3600 06/11/97 A96-10-038 Pacific Enterprises; Enova Corporation; Mineral Energy Company; B Mineral Energy Sub; and 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 On June 9, 1997, John Gamboa, of the Greenlining Institute (Greenlining), sent a letter (attached to the notice) to Cmmr. Neeper. In the letter, the Greenlining discussed its concerns with the hearing and attendant due process implications. Greenlining Contact: Robert Gnaizda filed Tel: (415) 284-7200 06/11/97 A96-03-007 Pacific Bell Communications, for a certificate of public convenience and necessity to provide InterLATA and IntraLATA telecommunications services. On June 6, 1997, Dan Jacobsen, Director of Regulatory and External Affairs for Pacific Bell Communications (PBCom), met with Cmmr. Knight in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; John Gueldner, Pacific Bell (PacBell) Vice President of Regulatory; and David Discher, Pacific Telesis Legal Group. Written material (attached to the notice) was used. Representatives of PBCom and PacBell described their concerns with the draft decision and explained that the requirement for a separate PacBell sales force and the prohibition on the use of CPNI to sell PBCom's services will frustrate customers and effectively prevent joint marketing and related use of CPNI. Representatives of PBCom and PacBell pointed out that the Costa Bill does not prevent joint marketing or the use of CPNI, it merely requires fairness; the Telecommunications Act and Federal Communications Commission (FCC) rules assure fairness. Representatives of PBCom and PacBell explained that the carriers are required to have customer authorization prior to using CPNI and that the BOCs are required to make equal access disclosures regarding interLATA carrier selection; and that these measures meet the Costa Bill requirements. Representatives of PBCom and PacBell stated that the FCC ruled that after a BOC receives authorization under section 271, the restriction in section 272(g)(2) is no longer applicable, and the BOC will be permitted to engage in the same type of joint marketing as other providers. Jacobsen also explained why PBCom should not pay a royalty for use of the "Pacific Bell" name. PBCom Contact: Erin Servo filed Tel: (510) 468-5165 06/11/97 On June 6, 1997, Peter Larson, attorney for Island Navigation Company, Inc. (Island), met with Cmmr. Knight in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; and Lenard Weiss and James Radcliffe, attorneys for, and Jefferey Stickler, President of, Island. A written material (attached to the notice) was used. Larson stated that Island Boat Service (Island Boat) has not demonstrated that either public convenience or necessity require the issuance of a certificate of public convenience and necessity. Larson argued that Island Boat's motion to dismiss section 5(a) of the application due to alleged lack of jurisdiction is not well- founded and that it should be denied. Larson stated that a full hearing should be held to address this application. Island Contact: Peter N. Larson, Esq. filed Tel: (415) 788-0900 06/11/97 On June 6, 1997, Peter Larson, attorney for Island Navigation Company, Inc. (Island), met with David Gamson, advisor to Cmmr. Neeper, in San Francisco. Also present were Lenard Weiss and James Radcliffe, attorneys for, and Jefferey Stickler, President of, Island. A written material (attached to the notice) was used. Larson stated that Island Boat Service (Island Boat) has not demonstrated that either public convenience or necessity require the issuance of a certificate of public convenience and necessity. Larson argued that Island Boat's motion to dismiss section 5(a) of the application due to alleged lack of jurisdiction is not well- founded and that it should be denied. Larson stated that a full hearing should be held to address this application. Island Contact: Peter N. Larson, Esq. filed Tel: (415) 788-0900 06/11/97 On June 6, 1997, Peter Larson, attorney for Island Navigation Company, Inc. (Island), met with Cmmr. Duque in San Francisco. Also present were: Michelle Cooke, advisor to Cmmr. Duque; and Lenard Weiss and James Radcliffe, attorneys for, and Jefferey Stickler, President of, Island. A written material (attached to the notice) was used. Larson stated that Island Boat Service (Island Boat) has not demonstrated that either public convenience or necessity require the issuance of a certificate of public convenience and necessity. Larson argued that Island Boat's motion to dismiss section 5(a) of the application due to alleged lack of jurisdiction is not well-founded and that it should be denied. Larson stated that a full hearing should be held to address this application. Island Contact: Peter N. Larson, Esq. filed Tel: (415) 788-0900 06/12/97 LATE FILED. On June 6, 1997, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), met with Cmmr. Duque in San Francisco. Tim Sullivan, advisor for Cmmr. Duque, and Elisa Jackson, legal intern, were also present. Long provided a two-page outline of TURN's presentation, plus a five-page summary of TURN's analysis of the comparative advantages of telecommunications competitors. Long stated that TURN supported the proposed decision's (PD) resolution of the joint marketing issue, particularly the requirement that PacBell use a separate marketing staff to market PacBell Comm's services on inbound calls. Long stated that this was a modest measure that is necessary to comply with PU code Section 709.2(c)(2) and to prevent PacBell from gaining an unfair advantage in the transformed telecommunications marketplace. Long stated that federal law does not preclude the use of a joint marketing staff. Long urged that the PD be modified to require PacBell Comm to provide cost floors for its intraLATA and interLATA toll services. Long stated that the PD had erred in not requiring an affiliate payment from PacBell Comm to PacBell for the use of the PacBell name. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876 06/12/97 LATE FILED. On June 9, 1997, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), met with Cmmr. Bilas in San Francisco. Lester Wong, advisor for Cmmr. Bilas, was also present. Long provided a two-page outline of TURN's presentation, plus a five page summary of TURN's analysis of the comparative advantages of telecommunications competitors (both attached to the notice). Long stated that TURN supported the proposed decision's (PD) resolution of the joint marketing issue, particularly the requirement that PacBell use a separate marketing staff to market PacBell Comm's services on inbound calls. Long stated that this was a modest measure that is necessary to comply with PU code Section 709.2(c)(2) and to prevent PacBell from gaining an unfair advantage in the transformed telecommunications marketplace. Long stated that federal law does not preclude the use of a joint marketing staff. Long urged that the PD be modified to require PacBell Comm to provide cost floors for its intraLATA and interLATA toll services. Long stated that the PD had erred in not requiring an affiliate payment from PacBell Comm to PacBell for the use of the PacBell name. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, ext. 307 06/12/97 On June 9, 1997, Dan Jacobsen, Director of Regulatory and External Affairs for Pacific Bell Communications (PBCOM), met with Cmmr. Bilas in San Francisco. Also present were: Lester Wong, advisor for Cmmr. Bilas; John Gueldner, Vice President of Regulation for Pacific Bell (PacBell(; Michael Kaufman, President and CEO of PBCOM; and David Discher, of Pacific Telesis Legal Group. PBCOM and PacBell stated that the requirement for a separate PacBell sales force and the proposed prohibition on the use of CPNI to sell PBCOM's services will confuse and frustrate customers. Jacobsen stated that billing information possessed by IECs will be more helpful to joint marketing than the local exchange information possessed by PacBell because long distance charges usually constitute the largest part of a customer's bill. Written materials (attached to the notice) consisting of PacBell and PBCOM's concerns with the draft decision were used. PBCOM Contact: Erin Servo filed Tel: (510) 468-5165 06/12/97 On June 9, 1997, Dan Jacobsen, Director of Regulatory and External Affairs for Pacific Bell Communications (PBCOM), met with Fassil Fenikile, advisor for Cmmr. Neeper, in San Francisco. John Gueldner, Vice President of Regulation for Pacific Bell (PacBell); and Michael Kaufman, President and CEO of PBCOM, were also present. PBCOM and PacBell stated that the Commission's Office of Ratepayer Advocates' (ORA) comments provide an alternative that would satisfy any Commission concerns about reconciling PacBell's Equal Access Obligation and PacBell's opportunity to joint market in the same manner as other competitors. PacBell and PBCOM stated that they would not object to ORA's approach if it is necessary to resolve Commission concerns. PBCOM Contact: Erin Servo filed Tel: (510) 468-5165 06/12/97 On June 9, 1997, Richard B. Severy, Public Policy Director for MCI Telecommunications Corporation (MCI), met with Cmmr. Neeper in San Francisco. Fassil Fenikile, advisor for Cmmr. Neeper, was also present. A one-page written summary (attached to the notice) of MCI's key position was distributed. Severy stated that MCI supported the treatment of joint marketing rules in the ALJ's proposed decision (PD), particularly the establishment of a requirement for a separate LD marketing group. Severy recommended that the PD be changed in one key respect, by requiring PBCOM to be subject to the same pricing rules that apply to Pacific Bell's (PacBell) provision of intraLATA toll services. Severy stated that MCI does not object to granting PBCOM NDIEC regulatory treatment for some purposes, but given the conditions in the intraLATA toll market, it is important that PBCOM be subject to the same pricing rules, including price floor requirement, as PacBell. MCI Contact: Dorothy L. Maddux filed Tel: (415) 228-1245 06/12/97 On June 9, 1997, Richard B. Severy, Public Policy Director for MCI Telecommunications Corporation (MCI), met with Cmmr. Bilas in San Francisco. Lester Wong, advisor for Cmmr. Bilas, was also present. A one-page written summary (attached to the notice) of MCI's key position was distributed. Severy stated that in MCI's view the ALJ had fairly and carefully balanced the parties' conflicting views on appropriate joint marketing rules. Severy stated that the establishment of a separate long distance marketing group is less restrictive and onerous than other potential solutions, is necessary to address the potential for unfair and anticompetitive practices, offers Pacific sufficient flexibility and opportunity to participate in the LD market, does not burden Pacific Bell local service customers, and is consistent with state and federal statutes. Severy recommended that the proposed decision by improved by requiring PBCOM to be subject to the same pricing requirements now imposed on PacBell's provision of intraLATA toll services. Severy stated that MCI was not urging imposition of all aspects of dominant carrier regulation on PBCOM. Severy stated that if PBCOM is not subject to the same price floors as PacBell, the SBC/Pacific organization could evade the rules implemented to protect competition and consumers in a market that is overwhelmingly dominated by PacBell. MCI Contact: Dorothy L. Maddux filed Tel: (415) 228-1245 06/12/97 C97-04-025 ARCO Products Company, Mobil Oil Corporation, and Texaco Refining and Marketing Inc. vs. SFPP, L.P., for violation of section 451 of the Public Utilities Code by charging rates that are not just and reasonable for the intrastate transportation of refined petroleum products. On June 9, 1997, Michael Morphy, member of the Board of Directors of Santa Fe Pacific Pipelines, Inc. (SFPP), met with Cmmr. Duque in San Francisco. Also present were: Michelle Cooke, advisor for Cmmr. Duque; Irv Toole, President and Chief Executive Officer for SFPP; and Robert Edwards, Senior Vice President - Business Development and Planning for SFPP. SFPP stated that the present proceeding represents the first unresolved protest related to SFPP or its predecessor-in-interest's oil pipeline rates in the past forty years. SFPP stated that rates have remained unchanged since 1992, when they were approved by the Commission, have been increased only once in the last eleven years. SFPP requested that timely consideration be given to SFPP's motion to dismiss the proceeding. A copy of SFPP's most recent annual report (attached to the notice) was provided to Cmmr. Duque. SFPP Contact: Cindy Addad filed Tel: (415) 392-7900 06/11/97 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 6, 1997, John P. Hughes, Regulatory Affairs Manager for Southern California Edison (Edison), spoke with James Hendry, advisor for Cmmr. Conlon, in San Francisco. Hughes stated that various Souther California Gas Company (SoCalGas) ex parte communications overstate projected pending and future labor force reductions in order for it to achieve its authorized rate of return. Edison Contact: Barbara Cao filed Tel: (818) 302-2310 06/12/97 On June 9, 1997, Warren Mitchell, President of Southern California Gas Company (SoCal), spoke with Cmmr. Neeper. Debra Reed, Senior Vice President of SoCal, also participated in the communication. Mitchell stated that the earnings sharing mechanism in the proposed decision (PD) of 5/23/97, was inconsistent with the treatment of the other utilities in the state. Mitchell said that either the San Diego Gas and Electric sharing mechanism taken as a whole or the Southern California Edison Company sharing mechanism taken as a whole would be more reasonable for application to SoCal than the mechanism in the revised PD. Mitchell also noted that the revised PD needed revision to ensure appropriate treatment of the productivity methodology. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 06/12/97 A96-06-029 Southern California Gas Company, for authority to recover shareholder incentives associated with year two of operations for its experimental three-year "Gas Cost Incentive Mechanism" (GCIM) program in the amount of $6,265,382. On June 9, 1997, Claudine Swartz, representative for Southern California Gas Company (SoCal), had a telephone conversation and a meeting with James Hendry, advisor to Cmmr. Conlon, in San Francisco. Swartz urged the Commission to adopt the stipulation and agreement with the Office of Ratepayer Advocates as written. Swartz also stated that the gas cost incentive mechanism (GCIM) program should be extended, as modified in the stipulation and agreement, without hearings. Swartz pointed out that year three GCIM changes should model year two modifications, as reflected in the stipulation and agreement. Swartz also asked the Commission to reflect in its decision the stipulation and agreement's language on sealed issues. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 06/12/97 On June 9, 1997, Claudine Swartz, representative for Southern California Gas Company (SoCal), met with Dorothy Duda, advisor to Cmmr. Knight, in San Francisco. Swartz urged the Commission to adopt the stipulation and agreement with the Office of Ratepayer Advocates as written. Swartz also stated that the gas cost incentive mechanism (GCIM) program should be extended, as modified in the stipulation and agreement, without hearings. Swartz pointed out that year three GCIM changes should model year two modifications, as reflected in the stipulation and agreement. Swartz also asked the Commission to reflect in its decision the stipulation and agreement's language on sealed issues. SoCalGas Contact: Artemis Manos filed Tel: (213) 895-5236 Other Business Agenda No. 2947 June 6, 1996 LEG-1 SB 678 (Polanco) as amended on May 9, 1996. Would require that the Commission submit a report to the Legislature by July 1, 1997 that recommends an approach to financing existing low- income public policy prograns that does not create competitive imbalance between Commission- regulated natural gas providers and others. Commission voted 4-0 to approve recommendation to support the bill. Commissioner Fessler necessarily absent. HLEG-4 AB 2589 (Battin) as amended on April 17, 1996. Would require approval by April 1, 1997, of an experimental rate design, in Climatic Zone 15, which may diverge from the inverted rate structure mandated by Section 739 of the Public Utilities Code. Commission voted 3-1 to support recommendation to take a neutral position on the bill if funding to implement is provided. Commissioner Neeper dissented. Commissioner Fessler necessarily absent. HLEG-6 AB 2597 (Alby) as amended on April 24, 1996 and as proposed to be amended. Would provide that no privately owned or publicly owned public utility shall provide electric service to an existing retail customer of another utility unless the customer first enters into an agreement to pay an established nonbypassable severance fee or competitive transition charge. Commission voted 3-1 to support the concept of a nonbypassable competition transition change but oppose provisions of the bill which are inconsistent with the Commission's policy and Roadmap implementation decisions. Commissioner Knight dissented. Commissioner Fessler necessarily absent. REMOVALS FROM CALENDAR NONE