ADJOURNMENTS-RESETTINGS-SUBMISSIONS A91-05-050 Barnett-Southern California Edison Company, ECAC and reasonableness, Evidentiary Hearing held and continued to 9 am, June 26, San Francisco ADVICE LETTER FILINGS NONE D E C I S I O N S COMMISSION MEETING OF 5/21/97 5/21/97 D97-05-048 I95-12-005 - Investigation on the Commission's own motion into the operations and practices of David Moshe (respondent), dba Davi's Auto For Hire. Approves a Settlement Agreement (settlement) between respondent, a charter-party carrier of passengers, and the Commission's Safety and Enforcement Division. Under the settlement, respondent agrees not to contest the allegations of violations made in the Order Instituting Investigation. Respondent shall serve a 24-month probation and pay, in installments, a punitive fine of $10,000 of which $4,000 is held in forbearance unless he violates the terms of the settlement. During the probation period, respondent shall fulfill specified reporting requirements. This proceeding is closed. D97-05-049 A97-01-017 - Telemanagement Advantage Corp. For a certificate of public convenience and necessity to provide interLATA, intraLATA and local exchange service as a reseller. It also registers as a provider of cellular service. Granted. This proceeding is closed. D97-05-050 A95-08-040 - Division of Ratepayer Advocates (DRA). To modify Resolution G-3167, dated April 5, 1995, in which the Commission granted Southern California Gas Company (SoCalGas) authority to establish a Seismic Services pilot program. Denies DRA's petition to modify Resolution G-3167. This proceeding is closed. D97-05-051 (ECP)C96-11-045 - Ruby Patterson v Southern California Edison Company. For high electric bills. Complainant alleges her bills were high because of a defective meter. Defendant says the meter was operating correctly. Denied. The meter was accurate and the connected load was sufficient to consume the Kwhs billed. This proceeding is closed. D97-05-052 A97-01-046 - Rajen-Chovatia, dba Air-Transit Shuttle. For a certificate of public convenience and necessity to operate as an "on-call" passenger staged corporation between points in Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Solano and Sonoma Counties and vice versa to and from airports, door to door service. Authorizes applicant to operate an on-call passenger stage between the cities of Fremont, Union City, Hayward, San Lorenzo, San Leandro, Alameda, and Oakland, on the one hand, and Oakland International Airport, on the other hand. This proceeding is closed. D97-05-053 A96-10-036 - Southern California Gas Company (SoCalGas). To modify D9208038 to allow management discretion to close branch offices or modify branch office operations. Grants motion of SoCalGas for leave to withdraw its application to modify D92-08-038 to annul its Ordering Paragraph (OP) 5, thereby giving SoCalGas management the discretion to close branch offices or to modify office operations as it may see fit from time to time. SoCalGas is ordered to provide service of a notice of availability of any filing during the three years following this order in which it seeks to modify D92-08-038 OP 5 to the parties in C91-05-042 and to provide a copy of such filing to the parties in A96-10-036. This proceeding is closed. D97-05-054 A96-08-027 - Pacific Bell (Pacific). For permanent extension of D87-12-067. Grants Pacific's request to make permanent the provisional modifications to Tariff Rule 12 ordered in D95-04-067. This proceeding is closed. D97-05-055 (ECP)C97-03-022 - Thomas F. Winfield v Southern California Gas Company. For reparations because of an alleged overcharge. Dismissed because complainant failed to appear at a duly noticed hearing. D97-05-056 A93-10-025 - Southern California Gas Company. For approval pursuant to the expedited application docket of a long-term agreement with California Correctional Institute - Tehachapi. Denies the petition to modify D92-04-044. This proceeding is closed. D97-05-057 A93-02-042 - California Cogeneration Council. For modification of Resolution G-3021, G-3022 and G-3023. Closes the proceeding at request of applicant. D97-05-058 A97-02-029 - Foothill/Eastern Transportation Corridor Agency (FETCA). For an order authorizing the widening of Jamboree Road Overhead at separated grades over the Orange County Transit Authority (OCTA) and Southern California Regional Rail Authority's (SCRRA's) Orange Subdivision main line at Railroad Crossing No. 101(OR) -179.7A centerline of existing overhead, sometimes referred to as the "Jamboree Road Overhead Widening" in the Cities of Irvine and Tustin in the County of Orange. Grants request of FETCA to widen Jamboree Road Overhead grade separation bridge structure over the Orange County Transit Authority's Orange subdivision main lines in the cities of Tustin and Irvine, Orange County. As part of the project to construct State Route (SR) 231, a 26-mile toll road connecting SR-91 Freeway near the Orange County/Riverside County boundary and Jamboree Road/SR-261 suburban interchange, FETCA proposes to widen Jamboree Road Overhead. Construction of SR-231 and SR-261 will provide relief to traffic congestion in the Orange County area. This proceeding is closed. D97-05-059 A93-04-017 - Pacific Gas and Electric Company (PG&E). For rehearing of Resolution G-3045. Grants PG&E's application for rehearing of Resolution G-3045 to the extent it is inconsistent with subsequent orders. This proceeding is closed. D97-05-060 R94-04-031 - Order instituting rulemaking on the Commission's proposed policies governing restructuring California's Electric Services Industry and Reforming Regulation. I94-04-032 - Related matter. Denies as moot the Center for Energy Efficiency and Renewable Technologies' petition to modify D95-12-063, as modified by D96-01-009. Section 390, added to the Public Utilities Code by Assembly Bill 1890, provides for short-run avoided cost (SRAC) reform by establishing that SRAC prices will be based on the Power Exchange's market clearing price, with certain provisions. D97-05-061 C92-08-044 - Roger and Patricia Nelson, et al. v Southern California Water Company (SoCalWater). Adopts SoCalWater's plan for installing water meters in its Calipatria - Niland District. This proceeding is closed. D97-05-062 A97-01-047 - William and Jennifer Wheeler, dba Black Tie Transportation, Inc., dba Black Tie Airport Express. Authorizes applicant to establish a zone of rate freedom of $9 above and below the present fare of $20 and $9 above and $11 below the present fare of $25, respectively, between service points in Contra Costa and Alameda counties, on the one hand, and SFO and OAK, on the other hand. This proceeding is closed. D97-05-063 A89-04-021 - Southern California Gas Company. For authority to revise its rates effective October 1, 1989, in its annual cost allocation proceeding. A89-05-006, A90-02-027, A90-04-029, A90-10-032 - Related matters. Closes several consolidated proceedings which have been inactive since 1992. These proceedings are closed. D97-05-064 A97-03-011 - San Diego Metropolitan Transit Development Board (MTDB). For an order authorizing construction of two light rail vehicle tracks at-grade at Friars Road (East); grade separated above Friars Road (West), Fashion Valley Road, State Route 163, Mission Center Road, Camino Del Este, and Stadium Way; and grade separated below Interstate 805, and Interstate 15 in the City of San Diego, San Diego County. Authorizes the MTDB to construct two light rail transit tracks at-grade across Friars Road (East); the tracks shall be grade separated above Friars Road (West), Fashion Valley Road, State Route 163, Mission Center Road, Camino Del Este, and Stadium Way; and grade separated below Interstate 8, Morena Boulevard, Interstate 805, and Interstate 15 in San Diego, San Diego County, as set forth in the appendices. This proceeding is closed. D97-05-065 A96-12-054 - Mini-Bus Systems, Inc., dba SuperShuttle San Gabriel. Authorizes applicant to extend its on-call passenger stage to include the remaining portions of San Bernardino and Riverside, and the Palm Springs Airport, San Bernardino Airport, Palm Springs Rail Station, and unaccompanied baggage and express between its service points. This proceeding is closed. D97-05-066 A96-12-015 - SFO Airporter, Inc. For authority to establish a Zone of Rate Freedom (ZORF) for passenger stage corporation service authorized under PSC-37. Authorizes the applicant to re- establish ZORF fares of $8 above and below its present fares but not less than a minimum fare of $4 one-way and $8 round-trip and $2 above and below its present commute fare but not less than a minimum fare of $1. This proceeding is closed. D97-05-067 A95-01-015 - City of Imperial (City). To construct 15th Street, a public street, across the railroad tracks of the Southern Pacific Transportation Company in the City of Imperial, County of Imperial. Grants the City's petition for modification requesting that D95-09-059 be modified to indicate the correct active warning devices that will be installed at the crossing. This order is effective 30 days from the date of issuance. This proceeding is closed. D97-05-068 A96-10-041 - State of California, Department of Transportation (Caltrans). For an order authorizing the Department to: construct the Cottonwood Creek Bridge and overhead located in the City of Cottonwood, Counties of Shasta and Tehama. Authorizes Caltrans to reconstruct the existing Cottonwood Creek Overhead on Interstate Route 5 over the main line tracks of the Union Pacific Railroad (formerly the Southern Pacific Transportation) Company in Shasta County as set forth. This proceeding is closed. D97-05-069 C93-12-044 - Alfred Pierro v Pacific Gas and Electric Company. Denies Complainant's petition for modification of D94-11-051; orders that no future petition for modification in this case will be accepted from Pierro unless it contains his sworn statement under penalty of perjury that it raises new issues. This proceeding is closed. D97-05-070 A96-02-056 - Southern California Edison Company (Edison). For authority to make the following changes to its present ratemaking for its share of Palo Verde Nuclear Generating Station Unit Nos. 1,2, and 3: (i) accelerate recovery of company's sunk investment; (ii) adopt Palo Verde Incremental Cost Incentive Pricing for its incremental costs; and (iii) receive related substantive and procedural relief. Awards The Utility Reform Network $68,017.24 in compensation for its substantial contribution to D96-12-083. This proceeding is closed. D97-05-071 A97-01-032 - American Long Lines, Inc. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Grants authority to operate as a reseller of interLATA and intraLATA telecommunication services offered by communication common carriers. This proceeding is closed. D97-05-072 A97-03-006 - Custom Network Solutions, Inc. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Grants authority to resell interLATA and intraLATA telephone services. This proceeding is closed. D97-05-073 A96-11-010 - SmarTalk TeleServices, Inc. For a certificate of public convenience and necessity to provide intraLATA resold telecommunications services. Granted. This proceeding is closed. D97-05-074 C96-08-060 - Kramer Junction Company (JKC), et al. v Pacific Gas and Electric Company (PG&E). Adopts a settlement agreement between KJC and LUZ Solar Partnership III through VII (LSP), and PG&E. KJC/LSP operates five solar electric generation units (SEGS Projects). PG&E provides natural gas transportation to those facilities pursuant to Public Utilities Code section 454.6 and PG&E tariff Schedules G-P03/G-EPO, which provide a discounted rate subject to the condition that fossil fuel (gas) usage in such facilities does not exceed 25% of the total energy utilized in a calendar year. The Federal Energy Regulatory Commission (FERC) granted KJC/LSP an exemption from the 25% requirement for a limited time and KJC/LSP operated its facilities within the parameters prescribed by the FERC exemption. Section 454.6 and Schedules G-P03/G-EPO do not address such a FERC exemption. PG&E contends that KJC/LSP operated its facilities in violation of { 454.6 and Schedules G-P03/G-EPO. Therefore, PG&E backbilled KJC/LSP an additional $1,720,536.16. As part of the settlement, KJC/LSP agrees to pay PG&E $1,360,000 and continue to exclusively use PG&E gas transportation service through June 30, 2001. This proceeding is closed. D97-05-075 A90-06-046 - Erskine Creek Water Company. For authority to borrow $360,000 and to issue a note under Sections 816-830 of the Public Utilities Code. A91-07-042 - Related matter. Closes the dockets, pursuant to D95-11-040. These proceedings are closed. D97-05-076 A97-02-044 - Anthony T. and Delores E. Montana, dba Door-to-Door Airporter. To transfer a certificate of public convenience and necessity to Ross A. and Irene F. Vitalie to do business as Door-to-Door Airporter, pursuant to Section 851 through 854 of the California Public Utilities Code. Granted. This proceeding is closed. D97-05-077 A97-03-021 - South & East Bay Airport Shuttle, Inc. To establish a Zone of Rate Freedom (ZORF)for its airport passenger fares between its authorized service areas in Santa Clara, San Francisco, Alameda Counties, to and from San Francisco, San Jose, Oakland Airports. Grants authority to establish the proposed ZORF of $20 above and below its present authorized fares. This proceeding is closed. D97-05-078 A95-12-055 - The Telman Group, Incorporated. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Dismissed, without prejudice, for lack of prosecution. D97-05-079 A97-01-030 - ConnectOne Communications Corporation. For a certificate of public convenience and necessity to provide interLATA and intraLATA resold telecommunications services. Granted. This proceeding is closed. D97-05-080 C97-03-027 - Melba J. Tyson v Pacific Gas and Electric Company. Denies this complaint regarding a backbill because complainant occupied the premises and used the service, and the bill was sent within the statute of limitations period. This proceeding is closed. D97-05-081 A85-12-012 - Southern California Edison Company (Edison). For a certificate that the present and future public convenience and necessity require or will require the construction and operation of applicant of a 500 kV transmission line between Palo Verde switchyard and Devers substation and related appurtenances. Grants the joint motion of the Division of Ratepayer Advocates and Edison in response to the 11/17/95 ruling; dismisses the application without prejudice; rescinds the certificate of public convenience and necessity to construct the Devers to Palo Verde No. 2 (DPV2) transmission line, granted by D88-12-030; vacates the subject-to-refund condition approved in D93-02-007; allows Edison to recover $6.704 million in regulatory and project development costs as set forth; denies recovery of $1.75 million of accrued Allowance for Funds Used During Construction and of $850,000 of regulatory costs associated with Edison's untimely disclosure of an exchange agreement with the Los Angeles Department of Water and Power. This proceeding is closed. D97-05-082 A96-10-021 - Citizens Telecommunications Company, dba Citizens Long Distance Company. For expansion of its current authority to provide competitive local exchange services. Grants the requested authority to resell local exchange services and to provide facilities-based competitive local exchange services in the future. This proceeding is closed. D97-05-083 A96-07-025 - Arturo Luna, Antonio Luna and Jeffrey Rhodes, dba Bay Area Shuttle. For authority to operate as a passenger stage corporation between points in the San Francisco, Alameda and Contra Costa counties and the Oakland and San Francisco International Airports, and between Berkeley, Emeryville and Oakland and the Oakland International Airport. Grants Antonio Luna and Jeffrey Rhodes, dba East Bay Airporter the requested authority. This proceeding is closed. D97-05-084 A92-11-018 - The Washington Water Power Company (WWP). For an order authorizing the sale of up to and including $45,000,000 of the company's accounts receivable and for an exemption from the Commission's Competitive Bidding Rule. Grants WWP's petition to modify D92-12-068 to sell its accounts receivable to a purchaser other than the Corporate Asset Funding Co., Inc. and to extend the expiration date of D92-12-068 to December 31, 2002. This proceeding is closed. D97-05-085 A97-02-016 - The Town of Truckee. For authority to construct a replacement bridge crossing over the Union Pacific Railroad (formerly Southern Pacific Transportation) Company's track. The new bridge is located on Glenshire Drive in the town of Truckee, County of Nevada, adjacent to the existing bridge. Granted. This proceeding is closed. D97-05-086 A97-03-010 - City of Santa Clara. For an order authorizing modifications to an existing grade separated crossing of Scott Boulevard at the Peninsula Corridor Joint Powers Board main commuter line at mile post 42.9 in the City. Granted. This proceeding is closed. D97-05-087 A96-12-063 - The Atchison, Topeka and Santa Fe Railway Company. For authority to construct, maintain and operate a lead track across 19th Street, west of Tidelands Avenue, within the City of National City, County of San Diego. A96-12-064, A96-12-065, A96-12-066, A96-12-067 - Related matters. Grants request of The Burlington Northern Santa Fe Railway Company (formerly The Atchison, Topeka and Santa Fe Railway Company) for authority to construct a lead track at-grade across five existing streets; (1) Tidelands Avenue (North of 19th Street), (2) 19th Street (West of Tidelands Avenue), (3) Quay Street (North of 32nd Street), (4) Tidelands Avenue (North of 32nd Street), and (5) 24th Street within the jurisdiction of the Port of San Diego and City of National City, in San Diego County. The five applications have been combined into a single decision because they involve the same spur track. The proposed at-grade crossings are necessary to provide access to a new car unloading facility within the Port of San Diego which will generate new employment and contribute to the growth of the local economy. These proceedings are closed. D97-05-088 A96-03-054 - Pacific Gas and Electric Company. To modify Diablo Canyon Pricing and adopt a customer electric rate freeze in compliance with D95-12-063. Determines the Diablo Canyon Nuclear Power Plant (Diablo Canyon) sunk costs and the incremental cost incentive price of Diablo Canyon power, as well as ancillary matters pertaining to the operation of Diablo Canyon; denies the petition of the Mothers for Peace to set aside submission; denies San Luis Obispo's motion for oral argument; grants all motions to appear, to file comments, and to file late. /Cmmr. Knight submits his dissenting opinion./ This proceeding is closed. D97-05-089 I96-02-043 - Investigation on the Commission's own motion into the operations, practices, and conduct of Communication Telesystems International (CTS), and Edward S. Soren, President of CTS, to determine whether they have complied with the laws, rules, regulations and applicable tariff provisions governing the manner in which California consumers are switched from one long distance company to another, and other requirements for long distance carriers. Revised proposed decision finds that CTS engaged in widespread violations of Section 2889.5, the antislamming statute. Sanctions ordered: 1. Operating authority suspended for three years; 2. Presubscribed interexchange carrier change submission ability suspended (for two additional years); 3. Reparations of $1.9 million to customers; 4. The California Public Utilities Commission fund reimbursed for cost of prosecution, $100,000. D97-05-090 A94-11-039 - Division of Ratepayer Advocates (DRA). For rehearing of Commission Resolution No. T-15627. Denies the application for rehearing filed by DRA (reorganized as the Office of Ratepayer Advocates), except to add an ordering paragraph to confirm Pacific Bell's obligation to separately track revenues and expenses for Personal Communications Services (PCS). Resolution T-15627 authorized below the line accounting for PCS as a Category III service. This proceeding is closed. D97-05-091 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for Local Exchange Service. I95-04-044 - Related matter. Grants the Petition to Modify D96-02-072, Conclusion of Law 29, filed by the Association of Directory Publishers. The modification deletes language which asserted that the provision of local exchange carrier subscriber listings is not an essential service. D97-05-092 A97-01-012 - MCI Communications Corporation (MCIC) and British Telecommunication plc (BT). For all approvals required for the change in control of MCIC's California certificated subsidiaries that will occur indirectly as a result of the merger of MCIC and BT. Interim Decision - Grants an exemption from compliance with sections 854(b) and (c) of Public Utilities Code (PU Code); denies the Pacific Telesis Group and SBC Communications' motion to stay and require amendment of the application; directs the assigned ALJ to process the application under PU Code section 854(a) for consideration by the entire Commission; characterizes the applicants' motion to approve the merger without delay as moot; grants the Office of Ratepayer Advocates' motion to accept its late-filed protest and directs the Docket office to file it as a response; denies the Greenlining Institute and the Latino Issues Forum's petition to intervene as procedurally incorrect. D97-05-093 A96-09-029 - Pacific Gas and Electric Company. To unbundle interstate transmission charges from core transportation rates. Approves an amended application to unbundle interstate gas transmission charges from core transportation rates during 1997, and authorizes tariff revisions. This proceeding is closed. D97-05-094 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for Local Exchange Service. I95-04-044 - Related matter. Grants the Petition to Modify D96-02-072, Conclusion of Law 29, filed by the Association of Directory Publishers. The modification deletes language which asserted that the provision of local exchange carrier subscriber listings is not an essential service. D97-05-095 A97-02-003 - Cook Telecom Inc. (Cook). For arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell (Pacific). Intermin Decision - Rejects the arbitrated agreement because it fails to comply with sections 251 and 252 of the Act. Cook and Pacific are ordered to file a new interconnection agreement that pays Cook an interim rate for termination until the Commission can set a final compensation rate through an additional hearing in this arbitration case. D97-05-096 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for Local Exchange Service. I95-04-044 - Related matter. Grants the Petition to Modify D96-02-072, Conclusion of Law 29, filed by the Association of Directory Publishers. The modification deletes language which asserted that the provision of local exchange carrier subscriber listings is not an essential service. D97-05-097 A93-11-008 - City of Morgan Hill. To construct one pedestrian grade crossing of the Southern Pacific Transportation Company E Line at the Downtown Transit Center in said City of Morgan Hill. Disposes of application for rehearing of D95-04-070 filed by Southern Pacific Transportation Company which granted ex parte authority to the City of Morgan Hill for a pedestrian grade crossing project. D97-05-098 I87-11-033 - Investigation on the Commission's own motion into alternate regulatory frameworks for local exchange carriers. A85-01-034, A87-01- 002, C86-11-028, C87-07-024, I85-03-078, I87-02- 025 - Related matters. Disposes of the joint application of American G.I. Forum and Latino Issues Forum (LIF) for rehearing of D95-08-051, which awarded intervenor compensation to several intervenors, and determined that while LIF qualified for compensation, the award was to be made following a supplemental report from LIF. I97-05-045 - Commission Order instituting investigation, on the Commission's own motion into the operations and practices of A Better Moving and Storage, Co., Inc., and its President, Bennet Mattingly. CONTINUATION COMMISSION MEETING OF 5/27/97 5/27/97 D97-05-099 A96-03-031 - Southern California Gas Company (SoCalGas). For authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding. A96-04-030 - related matter. Interim Order - grants Southern California Gas Company's (SoCalGas) motion for partial stay of D97-04-082 related to rate increases adopted for gas engine and gas air conditioning customers; orders that the rate increases that are due to the adoption of the "New Customer Only" method adopted in D97-04-082 are stayed; sets in Attachment A the rates to be in effect under this partial stay; any petitions for modification of D97-04-082 are due by 6/5/97; TURN's 5/23/97 response shall be treated as a petition for modification of D97-04-082; responses to the petitions are due by 6/19/97. EXECUTIVE ORDERS SIGNED 5/29/97 D97-05-100 C96-12-027 Nova Cellular West, Inc. dba San Diego Cellular v AirTouch Cellular of San Diego. Dismissed upon written and unopposed request of complainant; the $48,634.51 deposited with the Commission by complainant is to be disbursed to defendant AirTouch Cellular of San Diego. D97-05-101 C95-03-001 Tariff Research, Inc. v MTC Telemanagement Corp. Dismissed with prejudice upon written and unopposed request of complainant and defendant; funds deposited with the Commission as part of the complaint shall be disbursed to Goodin, MacBride, Squery, Schlotz & Richie. D97-05-102 C95-07-039 Robert Chisolm v Pacific Gas and Electric Company and GTE California Inc. Dismissed upon written request of complainant. D97-05-103 A97-01-045 Telecard Services International, Inc. For a certificate of public convenience and necessity to operate as a reseller of telephone services. Dismissed upon written and unopposed request of applicant. R E S O L U T I O N S 5/21/97 E-3490 Advice Letter 248-E of Sierra Pacific Power Company. Request approval of its contract with Plumas Sierra Rural Electric Cooperative to serve energy to fringe customers within each other's service territory. Granted. L-254 Commission resolution directing the California High Cost Fund Trust Administrative Committee to Advance Funds for Legal Services Required to Draft the Administrative Charters and Agency Agreements for California High Cost Fund B (CHCF-B) and the California Teleconnect Fund (CTF). Adopted. L-255 Commission resolution regarding subpoena requesting release of accident and investigative reports regarding Nicholas Murillo. Granted. T-16033 Advice Letter 18782 of Pacific Bell (Pacific). Request for approval of Amendment No. 1 to an interconnection agreement between CMT Partners on behalf of Bay Area Cellular Telephone Company, Salinas Cellular Telephone Company, Napa Cellular Telephone Company, and Cagal Cellular Communications Corp. and Pacific pursuant to section 252 of the Telecommunications Act of 1996. This resolution approves an amendment to a cellular interconnection agreement between CMT Partners and Pacific. The termination rates for type 2B interconnection are lowered to match the rates Pacific and cellular carriers have agreed to in recently filed and approved agreements. There also is a provision for Pacific to handle local termination compensation on behalf of "pooling" local exchange carriers; this provision is in several other interconnection agreements. Granted. T-16037 Advice Letters 18768, 18769, 18770, 18781 of Pacific Bell (Pacific). Request for approval of interconnection agreements between Pacific and Bakersfield Cellular Telephone Company, Pacific and SLO Cellular, Inc., Pacific and Santa Cruz Cellular Telephone, Inc., and Pacific and Cellular 2000 pursuant to Section 252 of the Telecommunications Act of 1996. This resolution approves the four interconnection agreements. All four cellular interconnection agreements have identical clauses. The terms are identical to a recently approved interconnection agreement with LA Cellular. These four do not have language that explicitly excludes interconnection for paging (same as LA Cellular). The agreements call for explicit compensation for transport and termination at the same rates as approved in recent cellular interconnection agreements. Advice Letter 16789 includes a supplement that corrects a typographical error. Granted. TL-18797 Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374 of the Public Utilities Code and approving issuance and transfer of highway carrier authority pursuant to the Commission's contract with the Department of Motor Vehicles as permitted by Vehicle Code Section 34605(b). Adopted. TL-18798 Resolution denying issuance of charter-party carrier authority, highway carrier authority and household goods carrier authority for failure to satisfy statutory provisions of the Public Utilities Code and Commission General Orders. Adopted. W-4039 Pine Flat Water Company. Order authorizing a general rate increase producing additional annual revenues of $8,560 or 48.6% in 1997. Adopted. W-4040 Lucerne Water Company, Inc. Order authorizing a general rate increase producing $74,355 or 25.12% additional revenue in test year 1996 and a $5.60 one-time surcharge for the recovery of an unanticipated expense memorandum account producing $7,000. Adopted. LAW AND MOTION HEARINGS Law and Motion Hearings are held before Administrative Law Judge Steven Kotz at 9:30 am in one of the Commission's San Francisco Office Hearing Rooms, unless otherwise noted. Law and Motion procedures are governed by Resolution ALJ-164. Copies of Resolution ALJ-164 are available from the Commission's Documents Desk (703-1713) or from Central Files (703-2045). 6/24/97 9:30 am NONE SCHEDULED 7/1/97 10:00 am R93-04-003 Commission Order Instituting Rulemaking on 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 Commission Order Instituting Investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks, Motion of Pacific Bell to Compel Responses to Data Requests of Major Interexchange Carriers; Motion of Pacific Bell for Protective Order regarding Discovery of Non- Recurring Costs; Motion by AT&T Communications of California, Inc., for a Protective Order or, in the Alternative, for Clarification and/or Modification of Prior Protective Order; and Motion of Pacific Bell to Compel Responses to Data Requests; Administrative Law Judge A. Kirk McKenzie, Presiding 7/8/97 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 6/26/97 9:00 am ALJ Barnett A91-05-050 (EH)-Southern California Edison Company, to Comr Neeper 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 27, 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 6/27/97 9:30 am ALJ Weiss A97-03-012 (PHC)-MHC Acquisition One, L.L.C., for Comr Duque a certificate of public convenience and necessity to continued to construct a public utility water system and a public utility sewer system within the City of Santa Cruz in Santa Cruz County and to establish rates for an interim application period and ongoing rates for water and sewer service, County Government Center, Board of Supervisors Chambers, Fifth Floor, 701 Ocean Street, Santa Cruz 6/30/97 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 6/30/97 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 6/30/97 2:00 pm ALJ Bushey C97-03-042 (OA)-Pacific Bell vs. MCI Telecommunications Comr Neeper Corporation, for an order enjoining defendant's unlawful and unfair advertising practices, 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 7/1/97 9:30 am ALJ Bennett C97-05-042 (ECP)-Alex W. Love vs. Pacific Bell, for improper Comr Bilas billing in the amount of $670.00, Council Chambers, City Hall, 708 Third Street, Brentwood 7/2/97 2:00 pm 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 9:00 am ALJ Ramsey R93-10-002 (FPH)-Commission Order Instituting Rulemaking to Comr Conlon provide for mitigation of local rail safety hazards within California, Commission Auditorium, 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 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 7/8/97 7:00 pm ALJ Bushey A97-03-032 (PPH)-Park Water Company, for authority to Comr Duque increase revenues by $1,385,807, or 9.7% in 1998; $609,600, or 3.9%, in 1999; and $664,211, or 4.1% in 2000, in the Central Basin Division, Norwalk City Hall Council Chambers, 12700 Norwalk Boulevard, Norwalk 7/9/97 10:00 am ALJ Patrick A96-05-045 (EH)-Southern California Edison Company, for Comr Conlon authority to freeze rates at their current levels by deferring a $1.7 million rate decrease, plus interest, to 1998, for a finding at 1/197 balances in the energy cost adjust clause (ECAC) and electric revenue adjustment mechanism (ERAM) accounts are reasonable, for authority to set aside overcollection in the ECAC and ERAM accounts as of 12/31/96 to reduce the level of competition transition cost, for authority to revise its incremental energy rate, the energy reliability index and avoided capacity cost pricing, and for a review of the reasonableness of Edison's operations during the period from April 1, through March 31, 1996 (ECABF Issue), 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 the amount of $514.00, Commission Courtroom, Los Angeles 7/9/97 2:00 pm ALJ Garde A97-03-031 (PPH)-Southern California Water Company, for an Comr Neeper order authorizing it to increase gross revenue by $117,900, or 8.4%, in 1998, $117,900, or 8.4%, in 1999, $117, 900, or 8.4%, in 2000, and $117,900, or 8.4%, in 2001, in the Los Osos District, Monarch Grove Elementary School, Multi-Purpose Room, 348 Los Osos Valley road, Los Osos 7/10/97 10:00 am ALJ Wright A97-05-016 (PHC)-Pacific Gas and Electric Company, for Comr Conlon authority to (i) establish its authorized rate of return on common equity, (ii) establish its authorized capital structure, and (iii) establish its overall rate of return for calendar year 1998, Commission Courtroom, San Francisco 7/10/97 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 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 7/11/97 10:00am ALJ Patrick R92-03-050 (PHC)-Commission Rulemaking to consider the line Comr Conlon extension rules of electric and gas utilities, 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 7/15/97 10:00 am ALJ Wright I96-12-041 (EH)-Commission Order Instituting Investigation Comr Knight into the operations and practices of Harjit Singh dba Herry Bros. Trucking, a dump-truck carrier, that allegedly operated without liability insurance during a period when his permit was in suspension, Commission Courtroom, San Francisco 7/15/97 10:00 am ALJ Gottstein R91-08-003 (PPH)-Commission rulemaking to establish rules Comr Knight and procedures governing utility demand-side management; and I91-08-002 (PPH)-Commission investigation to establish procedures governing demand-side management and the competitive procurement thereof, Commission Courtroom, 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 7/16/97 7:00 pm ALJ Garde A97-03-029 (PPH)-Southern California Water Company, for an Comr Neeper order authorizing it to increase gross revenues by $429,300, or 15.0%, in 1998, $429,300, or 15.0%, in 1999, $429,300, or 15.0%, in 2000, and $429,300, or 15.0% in 2001, in the Bay Point District, Anbrose Center, 3805 Willow Pass Road, Bay Point 7/17/97 7:00 pm ALJ Garde A97-03-030 (PPH)-Southern California Water Company, for an Comr Neeper order authorizing it to increase gross revenues by $556,900, or 12.8% in 1998, $556,900, or 12.8%, in 1999, and $556,900, or 12.8%, in 2000, in the Arden-Cordova District, Deterding Park Community Center, 1415 Rushden Drive (major cross streets: Arden and Watt Avenue), Sacramento 7/18/97 10:00 am ALJ Wright C97-02-028 (EH)-Harold Curry vs. Southern California Gas Comr Conlon Company, for increasing gas charges, change of gas meter without advance notice, and negligent gas meter installation resulting in property damages, Board of Supervisors Chambers, County Government Center, 1050 Monterey Street, San Luis Obispo 7/18/97 10:00 am 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 7/21/97 10:00 am ALJ Stalder I96-09-031 (EH)-Commission Order Instituting Investigation Comr Neeper into the operations and practices of Joe Burnley, Sr., dba Royal Circle Transportation, a charter- party carrier, pending A96-05-041 is consolidated for hearing and consideration, Commission Courtroom, San Francisco (also July 22-25, San Francisco 7/23/97 7:00 pm ALJ Careaga A97-02-005 (PPH)-Pacific Gas and Electric Company, for Comr Bilas authority to charge core procurement rates on a monthly basis, Council Chambers, City Hall, 801- 11th Street, Modesto 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 access and network architecture development of dominant carrier networks, Commission Courtroom, San Francisco (also August 5-8, 11-15, and 18-22, San Francisco) 8/5/97 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 8/21/97 10:00 am ALJ Bushey C96-11-029 (EH)-Nancy M. Horner and Vertec International, Comr Neeper Inc., dba Vitosha, Ltd. vs. GTE of California Incorporated for faulty installation of telephone lines, failing to properly provide or maintain reliable and acceptable telephone services, inadequate customer assistance services, for improper past-due and late-payment charges, and failing to comply with all applicable PUC regulations, Commission Courtroom, Los Angeles (also August 22, Los Angeles) 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 9/17/97 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 September 18-19, 22-26, 29-30, and October 1-3 and 6-8, San Francisco) 9/19/97 10:00 am ALJ Patrick C96-12-005 (EH)-Lew A. Garbutt vs. Pacific Gas and Comr Duque Electric Company, for failing to provide information regarding overhead electrical service, Electric Department Conference Room, 2556 Heather Lane, Redding 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 Substation and Victor Substation in San Bernardino, Commission Courtroom, San Francisco (also September 23-26, San Francisco) 12/1/97 10:00 am 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 (also December 2 and 3, San Francisco) MISCELLANEOUS TRANSPORTATION ITEMS 06/26/97 Filings with Safety and Enforcement 06/13/97 TCP-11155-C David Joseph and Gregory Long, P. O. Box 432, Downieville, CA 95936, Tel. No. (916) 289-0155, terminal address: 101 Commercial Street, Downieville, CA 95936, application for new TCP Class C certificate, calendared 06/17/97, is withdrawn NEW FILINGS 06/25/97 I97-06-036 Commission Order Instituting Investigation, on the Commission's own motion, into the operations and practices of Elite Moving and Storage, Inc. and its Chairman, John Small and its President, Chad Price, as individuals, respondents 06/25/97 I97-06-037 Commission Order Instituting Investigation, to show cause why Grand Oaks Water Company and its owners, Brit O. Smith and Phillip L. Shirley, should not be filed for failure to comply with Commission order 06/25/97 R97-06-038 Commission Order Instituting Rulemaking, on the Commission's own motion, into the establishment of a rate case plan for small local exchange carriers PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS/PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS NONE NEW SETTINGS CORRECTION TO THE DAILY CALENDAR 7/2/97 2:00 pm 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 7/18/97 10:00 am ALJ Wright C97-02-028 (EH)-Harold Curry vs. Southern California Gas Comr Conlon Company, for increasing gas charges, change of gas meter without advance notice, and negligent gas meter installation resulting in property damages, Board of Supervisors Chambers, County Government Center, 1050 Monterey Street, San Luis Obispo 8/5/97 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 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 Thursday June 26, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) CONTINUATION MEETING OF JUNE 25, 1997 COMMISSION AGENDA July 3, 1997, 8:30 a.m. Commission Auditorium, San Francisco LEG-2 SB 1268 (Peace) as amended April 7, 1997. Would require the Commission to use the standard of fair market value when establishing the rate base for a water system that is acquired by a water corporation. This item was not listed on the agenda distributed to the public. REGULAR COMMISSION MEETINGS July 16, 1997, (10:00 am) August 1, 1997, (10:00 am) September 3, 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 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 SPECIAL CARRYOVER MEETING 9 am to 5 pm June 26, 1997 505 Van Ness Avenue at McAllister, Room 2204 San Francisco The Consumer Education Advisory Panel (CEAP) will continue its scheduled meeting of June 23, 1997 to continue or complete the development of its report on the proposed Consumer Education Plan. The contact person is Geoffrey Meloche at (415) 703-3372 (jeff.meloche@cpuc.ca.gov). PUBLIC MEETING 9 am to 5 pm June 27, 1997 505 Van Ness Avenue at McAllister, Room 2204 San Francisco The Consumer Education Advisory 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 Technical Advisory Committee for the Energy Efficiency Independent Board 9:30 am - 4:00 pm June 30, 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 for the future administration of energy efficiency programs. This structure requires an Energy Efficiency Independent Board (Board) to oversee energy efficiency programs and administrative entities selected through a competitive bidding process. The Board has established a Technical Advisory Committee to provide a forum for stakeholder to provide input on policy and technical issues facing the Board and develop information and recommendations on selected issues as requested by the Board. The Technical Advisory Committee for the Energy Efficiency Independent Board will meet to receive a briefing on the Board's operations and goals, review potential areas of involvement, and initiate work in areas related to the Board's July 18 transition filing to the CPUC. All meetings of the Technical Advisory Committee for 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 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 Meetings of the Energy Efficiency Independent Board 9:30 am - 4:00 pm July 2, 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 interview and select technical consultants to assist with transition issues and to discuss 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 Division may also be contacted at (415) 703-2043. PUBLIC MEETING 9:30 am - 3:30 pm July 10, 1997 Deaf and Disabled Telecommunications Program Office 1939 Harrison Street, No. 555 Oakland The Equipment Program Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 Voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. PUBLIC MEETING 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 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 10 am - 4:00 pm July 18, 1997 GTE Special Needs Center 5900 Spring Street Long Beach The California Relay Service Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 Voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. PUBLIC MEETING 10 am - 4 pm August 5, 1997 Deaf and Disabled Telecommunications Program Office 1939 Harrison Street, No. 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 Shelly Bergum at (510) 874-1410 Voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. 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. 06/24/97 A92-12-043 Pacific Gas and Electric Company, for an order to increase the maximum cost specified in PG&E's Certificate of Public Convenience and Necessity to Construct the California portion of the expansion of its Natural Gas Pipeline, and A93-03-038 Pacific Gas and Electric Company, to establish interim rates for the California portion of the expansion of Pacific Gas Transmission Company's and PG&E's Canada-to-California Natural Gas Pipeline Project, and A94-05-035 Suncor, Inc., for rehearing of Resolution G-3122, and A94-06-034 El Paso Natural Gas Company, for rehearing of Resolution G-3122, and A94-09-056 Pacific Gas and Electric Company, for a finding that the $812.8 million of capital costs incurred in the construction of the PG&E Pipeline Expansion Project and the initial pipeline expansion operating expenses are reasonable, and A94-06-044 Pacific Gas and Electric Company, for amortization of interstate transition cost surcharge account and approval of rates on an ex parte basis, and A96-08-043 Pacific Gas and Electric Company, to restructure and establish natural gas rates; modify its core aggregation and core subscription programs; obtain approval of the principles of a post-1997 core gas procurement incentive mechanism; and obtain approval of principles for disposition of its gas gathering facilities. CORRECTION FROM THE DAILY CALENDAR OF 06/25/97. On June 19, 1997, Michel Florio, counsel for The Utility Reform Network (TURN), met with Cmmr. Bilas in San Francisco. Also present were: Julie Halligan, advisor for Cmmr. Bilas; Theresa Mueller and Patrick Power, counsel for TURN. TURN stated that the Alternate Order should reject the Gas Accord and the market structure it would establish. TURN stated that if the Alternate is adopted it should be modified in several ways for internal consistency, as argued in TURN's comments on the Alternate. TURN stated that the rulemaking for discounting guidelines was a good idea, but that a simple rule should be adopted for immediate implementation. TURN stated that the Alternate is inconsistent in finding that Pacific Gas and Electric Company failed to met the "best efforts: standard for brokering core excess capacity but not providing a remedy for this violation of the rules. TURN stated that 70% of the stranded cost remedy under the Accord goes to noncore customers and that no adjustment to the Core Fixed cost Account is included. TURN stated that the Alternate should either adopt the amount proposed on the record in TURN's testimony, or establish a forum in the future for determining the appropriate amount of disallowance. TURN stated that the post-1997 Core Procurement Incentive Mechanism should not be adopted since it was not part of the Accord submitted in 8/96. TURN stated that the Alternate should approve the five general principles included in the original Accord, but require submission of a new CPIM consistent with the findings in the decision. TURN stated that the CPIM failed to mitigate the conflicts of interest, since it was negotiated by parties who never acknowledged or recognized any conflicts. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, x307 06/24/97 CORRECTION FROM THE DAILY CALENDAR OF 06/25/97. On June 19, 1997, Michel Florio, counsel for The Utility Reform Network (TURN), met with Cmmr. Neeper in San Francisco. David Gamson, advisor for Cmmr. Neeper, and Theresa Mueller, counsel for TURN, were also present. TURN stated that the Alternate Order should reject the Gas Accord and the market structure it would establish. TURN stated that if the Alternate is adopted it should be modified in several ways for internal consistency, as argued in TURN's comments on the Alternate. TURN stated that the rulemaking for discounting guidelines was a good idea, but that a simple rule should be adopted for immediate implementation. TURN stated that the Alternate is inconsistent in finding that Pacific Gas and Electric Company failed to met the "best efforts: standard for brokering core excess capacity but not providing a remedy for this violation of the rules. TURN stated that 70% of the stranded cost remedy under the Accord goes to noncore customers and that no adjustment to the Core Fixed cost Account is included. TURN stated that the Alternate should either adopt the amount proposed on the record in TURN's testimony, or establish a forum in the future for determining the appropriate amount of disallowance. TURN stated that the post-1997 Core Procurement Incentive Mechanism should not be adopted since it was not part of the Accord submitted in 8/96. TURN stated that the Alternate should approve the five general principles included in the original Accord, but require submission of a new CPIM consistent with the findings in the decision. TURN stated that the CPIM failed to mitigate the conflicts of interest, since it was negotiated by parties who never acknowledged or recognized any conflicts. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, x307 06/24/97 A92-12-043 Pacific Gas and Electric Company, for an order to increase the maximum cost specified in PG&E's Certificate of Public Convenience and Necessity to Construct the California portion of the expansion of its Natural Gas Pipeline, and A93-03-038 Pacific Gas and Electric Company, to establish interim rates for the California portion of the expansion of Pacific Gas Transmission Company's and PG&E's Canada-to-California Natural Gas Pipeline Project, and A94-05-035 Suncor, Inc., for rehearing of Resolution G-3122, and A94-06-034 El Paso Natural Gas Company, for rehearing of Resolution G-3122, and A94-09-056 Pacific Gas and Electric Company, for a finding that the $812.8 million of capital costs incurred in the construction of the PG&E Pipeline Expansion Project and the initial pipeline expansion operating expenses are reasonable, and A94-06-044 Pacific Gas and Electric Company, for amortization of interstate transition cost surcharge account and approval of rates on an ex parte basis, and A96-08-043 Pacific Gas and Electric Company, to restructure and establish natural gas rates; modify its core aggregation and core subscription programs; obtain approval of the principles of a post-1997 core gas procurement incentive mechanism; and obtain approval of principles for disposition of its gas gathering facilities. On June 19, 1997, Kristel L. Frank, Regulatory Relations Director for Pacific Gas and Electric Company (PG&E), met with Cmmr. Bilas in San Francisco. Also present were: Julie Halligan, advisor for Cmmr. Bilas; Patrick Gileau, representing the Commission's Office of Ratepayer Advocates; John Leslie, representing Suncor; Keith McCrea, representing the California Industrial Group and the California Manufacturers Association; Evelyn Elsesser, representing Amoco Production Company; Barry Brunelle, representing the Sacramento Municipal Utility District; Jack Jenkins-Stark, President and CEO of PG&E Gas Transmission Company; and Joshua Bar-Lev, Chief Counsel for Gas Restructuring for PG&E. Jenkins- Stark stated that the settling parties recognize the Commission's efforts in evaluating and seeking to approve the Gas Accord. Jenkins-Stark stated that there are three areas of concern with respect to language in the alternate decision: 1) the term of the settlement; 2) the Order Investigating Rulemaking regarding discounting rules; and 3) the Order to show Cause regarding the Rule 1 allegations. Elsesser stated that certainty is the most important feature of the Gas Accord settlement. McCrea stated that rate certainty is critical for customers and is needed to minimize the contentiousness of rate proceedings. Leslie stated that the Commission can and should go forward with the strategic plan as it is expected to address issues not included in the Gas Accord. Jenkins-Stark stated that the Gas Accord includes explicit discounting provisions (pages 28 and 29 of the Gas Accord Settlement attached to the notice). Frank stated that discounting provisions require that once the northern path rate equals the southern path rate, the discount would be applied to both paths equally. Leslie stated that the Commission can use the market assessment report, to be filed as agreed to in the Gas Accord Settlement, in order to determine if PG&E has abused its discretion. Gileau stated that the suggested change to the discounting rule, as described in the alternate, would constitute a change to the Gas Accord settlement. Jenkins-Stark stated that the language on the Rule 1 issue is problematic. Gileau stated that all of the evidence is on the record and that the Rule 1 issue can be decided by the Commission as part of the Gas Accord. PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 06/24/97 A97-03-001 ACN Communications, for arbitration pursuant to Section 252(b) of the Telecommunicaitons Act of 1996 to establish an interconnection agreement with Pacific Bell. On June 19, 1997, Michael Sasser, Senior counsel for Pacific Telesis Legal Group, met with Cmmr. Bilas in San Francisco. Also present were: Lester Wong, advisor for Cmmr. Bilas; Lynn Mowery, Regulatory Relations Director for Pacific Bell (PacBell); and John Clark, attorney for ACN Communications (ACN). A copy of a document entitled "Pacific Bell's Position" (attached to the notice) concerning the arbitration proceeding was provided. Sasser stated that the Section 252(d) of the Telecommunications Act of 1996 (the Act) requires local call termination prices in an arbitrated agreement to be based on a reasonable approximation of the additional cost of terminating such calls. Sasser stated that the Arbitrator's Report correctly adopted prices based on costs approved in the OANAD proceeding, which are also identical to those adopted by the Commission in the arbitrations between PacBell and AT&T, MCI and Sprint. Sasser stated that ACN had made no showing that the prices for local call termination it requested, which were contained in an agreement negotiated between PacBell and Pac-West Telecom, Inc. in early 1996. meet the pricing requirements of the Act. Sasser stated that in D9705095, the Commission expressly determined that the agreement between PacBell and Pac-West was not approved under the Act. Sasser stated that even under the FCC's stayed rules, agreement to which Section 252(i) applies need only be available for a reasonable time, and material changes had taken place that demonstrated that the prices in the negotiated agreement between PacBell and Pac-West should not be available even if Section 252(i) were applicable. Sasser stated that the prices requested by ACN would create inappropriate incentives to ACN to generate traffic in only one direction. Sasser stated that with respect to the issue of the charges for changing customers form PacBell's retail service to ACN's resold service, the Arbitrator's Report had incorrectly concluded that under PUC Section 532, PacBell's proposal could not be adopted. Sasser stated that PacBell's proposal to track and later seek recovery of the costs of changing customers from PacBell to ACN was just and reasonable as it provided PacBell the opportunity to recover its costs and was consistent with prior arbitrated agreements involving PacBell. PacBell Contact: Tina Gerbasi filed Tel: (415) 542-3350 06/24/97 A96-08-058 Wild Goose Storage, Inc., for a certificate of public convenience and necessity to construct facilities for gas storage operations in Butte County. AUGMENTATION REQUIRED. On June 19, 1997, Michael B. Day, counsel for Wild Goose Storage Inc. (WGSI), met with Cmmr. Neeper in San Francisco. Also present were: Rick Daniels, President of WGSI; Philip H. Davies, General Counsel for WGSI; and Paul Amirault, Vice President of Marketing for WGSI. WGSI stated that they supported the proposed decision (PD). WGSI urged the Commission to adopt three changes to the PD: 1) minor changes to mitigation measures proposed by WGSI and Union intervenors; 2) elimination of requirements for cost-based rate filing for short-run marginal cost floor; and 3) whether adoption of a cost-benefit test for evaluating whether future upgrades related to WGSI use of the Pacific Gas and Electric Company transmission system will be given rolled-in or incremental rate treatment. WGSI stated that the Commission's rules for independent storage require that transmission access be non- discriminatory, and that adopting a cost-benefit policy test would not prejudge the matter but would give WGSI the ability to market its project without the burden of regulatory uncertainty while allowing the Commission to defer a final decision on ratemaking until the facts are actually known. Written materials were used and are attached to the notice. WGSI Contact: Betsie Diamond filed Tel: (415) 781-0701 06/24/97 AUGMENTATION REQUIRED. On June 19, 1997, Michael B. Day, counsel for Wild Goose Storage Inc. (WGSI), met with Cmmr. Bilas in San Francisco. Also present were: Julie Halligan, advisor for Cmmr. Bilas; Rick Daniels, President of WGSI; Philip H. Davies, General Counsel for WGSI; and Paul Amirault, Vice President of Marketing for WGSI. WGSI stated that they supported the proposed decision (PD). WGSI urged the Commission to adopt three changes to the PD: 1) minor changes to mitigation measures proposed by WGSI and Union intervenors; 2) elimination of requirements for cost-based rate filing for short-run marginal cost floor; and 3) whether adoption of a cost-benefit test for evaluating whether future upgrades related to WGSI use of the Pacific Gas and Electric Company transmission system will be given rolled-in or incremental rate treatment. WGSI stated that the Commission's rules for independent storage require that transmission access be non- discriminatory, and that adopting a cost-benefit policy test would not prejudge the matter but would give WGSI the ability to market its project without the burden of regulatory uncertainty while allowing the Commission to defer a final decision on ratemaking until the facts are actually known. Written materials were used and are attached to the notice. WGSI Contact: Betsie Diamond filed Tel: (415) 781-0701 06/24/97 AUGMENTATION REQUIRED. On June 20, 1997, Michael B. Day, counsel for Wild Goose Storage Inc. (WGSI), met with Michelle Cooke, advisor for Cmmr. Duque in San Francisco. Also present were: Rick Daniels, President of WGSI; Philip H. Davies, General Counsel for WGSI; and Paul Amirault, Vice President of Marketing for WGSI. WGSI stated that they supported the proposed decision (PD). WGSI urged the Commission to adopt three changes to the PD: 1) minor changes to mitigation measures proposed by WGSI and Union intervenors; 2) elimination of requirements for cost-based rate filing for short-run marginal cost floor; and 3) whether adoption of a cost- benefit test for evaluating whether future upgrades related to WGSI use of the Pacific Gas and Electric Company transmission system will be given rolled-in or incremental rate treatment. WGSI stated that the Commission's rules for independent storage require that transmission access be non-discriminatory, and that adopting a cost-benefit policy test would not prejudge the matter but would give WGSI the ability to market its project without the burden of regulatory uncertainty while allowing the Commission to defer a final decision on ratemaking until the facts are actually known. Written materials were used and are attached to the notice. WGSI Contact: Betsie Diamond filed Tel: (415) 781-0701 06/24/97 AUGMENTATION REQUIRED. On June 20, 1997, Michael B. Day, counsel for Wild Goose Storage Inc. (WGSI), met with Cmmr. Conlon in San Francisco. Also present were: James Hendry, advisor for Cmmr. Conlon; Rick Daniels, President of WGSI; Philip H. Davies, General Counsel for WGSI; Paul Amirault, Vice President of Marketing for WGSI; Paul Clanon, Director of the Commission's Energy Division; Christina Nagy-McKenna, of Pacific Gas and Electric Company; and Paul Storz, of PG&E. WGSI stated that they supported the proposed decision (PD). WGSI urged the Commission to adopt three changes to the PD: 1) minor changes to mitigation measures proposed by WGSI and Union intervenors; 2) elimination of requirements for cost-based rate filing for short-run marginal cost floor; and 3) whether adoption of a cost- benefit test for evaluating whether future upgrades related to WGSI use of the Pacific Gas and Electric Company transmission system will be given rolled-in or incremental rate treatment. WGSI stated that the Commission's rules for independent storage require that transmission access be non-discriminatory, and that adopting a cost-benefit policy test would not prejudge the matter but would give WGSI the ability to market its project without the burden of regulatory uncertainty while allowing the Commission to defer a final decision on ratemaking until the facts are actually known. Written materials were used and are attached to the notice. WGSI Contact: Betsie Diamond filed Tel: (415) 781-0701 06/24/97 AUGMENTATION REQUIRED. On June 20, 1997, Michael B. Day, counsel for Wild Goose Storage Inc. (WGSI), met with Cmmr. Knight in San Francisco. Also present were: Dorothy Duda, advisor for Cmmr. Knight; Rick Daniels, President of WGSI; Philip H. Davies, General Counsel for WGSI; and Paul Amirault, Vice President of Marketing for WGSI. WGSI stated that they supported the proposed decision (PD). WGSI urged the Commission to adopt three changes to the PD: 1) minor changes to mitigation measures proposed by WGSI and Union intervenors; 2) elimination of requirements for cost-based rate filing for short-run marginal cost floor; and 3) whether adoption of a cost-benefit test for evaluating whether future upgrades related to WGSI use of the Pacific Gas and Electric Company transmission system will be given rolled-in or incremental rate treatment. WGSI stated that the Commission's rules for independent storage require that transmission access be non- discriminatory, and that adopting a cost-benefit policy test would not prejudge the matter but would give WGSI the ability to market its project without the burden of regulatory uncertainty while allowing the Commission to defer a final decision on ratemaking until the facts are actually known. Written materials were used and are attached to the notice. WGSI Contact: Betsie Diamond filed Tel: (415) 781-0701 06/25/97 On June 20, 1997, Christina Nagy-McKenna, Director, Gas Regulatory Policy and Analysis, Pacific Gas and Electric Company (PG&E), met with Cmmr. Conlon in San Francisco. Also present were: James Hendry, advisor to Cmmr. Conlon; Paul Clanon, Director of the Energy Division; Mike Day, attorney for, and Philip Dazies, R.C. Daniel and Paul Amirault, representatives of, Wild Goose Storage, Inc. (Wild Goose); and Paul Storz, Senior Representative, Regulatory Relations, PG&E. PG&E expressed its general support for the proposed decision (PD) but urged that the language regarding the allocation of any revenue shortfalls that might result from Wild Goose's operations be removed. PG&E stated that it is opposed to revisions to the PD that would include language calling for a cost/benefit analysis in order to determine who should pay for future transmission system upgrades. PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 06/25/97 C97-05-050 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 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. On June 20, 1997, Edward Hegarty, attorney for Catalina Channel Express, Inc., sent a letter (attached to the notice) to Cmmr. Knight. Copies of the letter were also sent to Cmmr. Duque, David Gamson, advisor to Cmmr. Neeper; Dorothy Duda, advisor to Cmmr. Knight, Michelle Cooke, advisor to Cmmr. Duque, and ALJ Ryerson. In the letter, Hegarty states that attorneys for Island Navigation Company, Inc. (Island) have engaged in constant lobbying activities and that other partes are now beginning to believe that these activities are causing unfair prejudice. Hegarty indicates that Island's ex parte communications in an enforcement-related proceeding which has been submitted for decision appear to be prohibited under the Commission's Rule 1.3(a). Hegarty asserts that Island's lobbying efforts threaten the integrity of the formal record which is complete and has been submitted for the proposed decision. Hegarty suggests that the decisionmakers read and consider the formal record rather than the Island's ex parte communication notices that are incomplete, inaccurate and highly partisan. Hegarty states that ex parte communications should be prohibited in contested transportation-related proceedings as the facts and issues in such proceedings would seldom require explanation to decisionmakers. Catalina Contact: Greg Bombard filed Tel: (310) 519-7971 06/25/97 A97-03-001 ACN Communications, for arbitration pursuant to Section 252(b) of the Telecommunicaitons Act of 1996 to establish an interconnection agreement with Pacific Bell. On June 23, 1997, Michael Sasser, Senior Counsel, Pacific Telesis Legal Group, met with Cmmr. Duque in San Francisco. Also present were: Tim Sullivan, advisor to Cmmr. Duque; and Lynn Mowery, Director-Regulatory Relations, Pacific Bell (PacBell). A written statement (attached to the notice) of PacBell's position was used. Sasser pointed out that section 252(d) of the Telecommunications Act of 1996 (Act) requires local call termination prices in an arbitrated agreement to be based on a reasonable approximation of the additional cost of terminating such calls. Sasser stated that the arbitrator's report (Report) correctly adopted prices based on costs approved in OANAD proceeding, which are also identical to those adopted by the Commission in the arbitration between PacBell and AT&T, MCI, and Sprint. Sasser noted that ACN Communications (ACN) made no showing that the prices for local call termination it requested, which were contained in an agreement between PacBell and Pac-West Telecomm, Inc., meet the pricing requirements of the Act. Sasser explained that Pac-West agreement was not subject to section 252(i), rather, it took effect under D95-12-056 before the Act was enacted, and the Commission determined that the Pac-West agreement was not approved under the Act. Sasser asserted that the prices for local call termination proposed by ACN are much higher than prices adopted in the Report. Sasser argued that the Report incorrectly concluded that under Public Utilities Code section 532, PacBell's proposed charges for changing customers from PacBell's retail to ACN's resold service could not be adopted. Sasser stated that section 532 specifically authorizes the Commission to make just and reasonable exceptions and that PacBell's proposal was just and reasonable as it provided PacBell with opportunity to recover its costs and was consistent with prior arbitrated agreements involving PacBell. PacBell Contact: Tina Gerbasi filed Tel: (415) 542-3350 06/25/97 On June 20, 1997, John Clark, counsel of record for the ACN Communications, Inc. (ACN), met with Cmmr. Neeper in San Francisco. Also present was Fassil Fenikile, advisor to Cmmr. Neeper. Clark explained that the arbitrator's report violates the Telecommunications Act of 1996 by failing to award ACN interconnection on the same terms and conditions as are set froth in the existing agreement between Pacific Bell (PacBell) and Pac- West Telecomm, Inc. (Pac-West). Clark asserted that the agreement was filed after the Act went into effect, which triggered the Act's requirement that the Commission either reject or approve the agreement or, if it does neither, that the agreement be deemed effective. Clark stated that because the Commission neither rejected or approved the agreement, it must be deemed approved and, as a result, PacBell is required to make the terms and conditions of the Pac-West agreement available to ACN. In response to PacBell's argument that the local call termination rates in the Pac-West agreement are too high, Clark observed that it was PacBell that proposed the rates in an attempt to stop competitive local carriers from dumping calls onto its network. Clark noted that PacBell is continuing to exact even higher call termination rates from cellular carriers. ACN Contact: Cynthia Addad filed Tel: (415) 392-7900 06/25/97 A92-12-043 Pacific Gas and Electric Company, for an order to increase the maximum cost specified in PG&E's Certificate of Public Convenience and Necessity to Construct the California portion of the expansion of its Natural Gas Pipeline, and A93-03-038 Pacific Gas and Electric Company, to establish interim rates for the California portion of the expansion of Pacific Gas Transmission Company's and PG&E's Canada-to-California Natural Gas Pipeline Project, and A94-05-035 Suncor, Inc., for rehearing of Resolution G-3122, and A94-06-034 El Paso Natural Gas Company, for rehearing of Resolution G-3122, and A94-09-056 Pacific Gas and Electric Company, for a finding that the $812.8 million of capital costs incurred in the construction of the PG&E Pipeline Expansion Project and the initial pipeline expansion operating expenses are reasonable, and A94-06-044 Pacific Gas and Electric Company, for amortization of interstate transition cost surcharge account and approval of rates on an ex parte basis, and A96-08-043 Pacific Gas and Electric Company, to restructure and establish natural gas rates; modify its core aggregation and core subscription programs; obtain approval of the principles of a post-1997 core gas procurement incentive mechanism; and obtain approval of principles for disposition of its gas gathering facilities. On June 20, 1997, Kristel Frank, Director, Regulatory Relations, Pacific Gas and Electric Company (PG&E), met with Cmmr. Neeper in San Francisco. Also present were: David Gamson, advisor to Cmmr. Neeper; John Leslie, attorney for Suncor; Keith McCrea, attorney for the California Industrial Group and California Manufacturers Association; Jack Jenkins-Stark, President and CEO, PG&E Gas Transmission Company; and Joshua Bar-Lev, Chief Counsel for Gas Restructuring, PG&E. Jenkins-Stark stated that there areas of concern with respect to language in the alternate: the term of the settlement, the order instituting rulemaking (OIR) regarding discounting rules, and the order to show cause regarding the Rule 1. McCrea stated that certainty is the most important feature of the gas accord settlement (GAS), and that its endorsement for the intended term is needed. Jenkins-Stark stated that the GAS includes discounting provision. McCrea explained that the discounting provisions require that once the northern path rate equals the southern path rate, the discount would apply to both paths equally. Leslie stated that this discount should not apply to deliveries off-system since that is a different market. Frank said hat the settling parties' position is that an OIR, or a change in the discounting language, would be a modification to the GAS. Leslie stated that the posting of discounted contracts and the complaint process provide the necessary protection to address the Commission's concerns. Leslie also stated that the Commission can use the market assessment report in order to determine if PG&E has abused its discretion. Jenkins-Stark stated that the language on the Rule 1 issue is problematic. Bar-Lev stated that all the evidence is on the record and that the Rule 1 issue can be decided as a part of the GAS. PG&E Contact: Heidi Holzhauer filed Tel: (415) 972-5611 Other Business None REMOVALS FROM CALENDAR C97-05-054 Bennett-Amir Isa Al Malek vs. Pacific Bell, hearing set for June 30, removed from calendar