ADJOURNMENTS-RESETTINGS-SUBMISSIONS A94-05-044 Barnett-Southern California Edison Company ECAC, and related matters, Evidentiary Hearing held and continued to 9:30 am, February 14, San Francisco A96-07-037 Weiss-Mountain Water Company, Prehearing Conference held and completed C97-01-025 Wright-Paul and Gabriele Schultz vs. Bear Valley Electric Services, hearing set for February 18, reset for 10 am, March 5, Big Bear Lake ADVICE LETTER FILINGS To inquire about a filing, call the CACD Energy Branch (703-1093), Telecommunications Branch (703-1889) or Water Branch (703-2028). To protest a filing, mail the original letter/telegram to the Chief of the appropriate branch (i.e., "Chief, CACD [Energy, Telecommunications or Water] Branch"), to be received no later than 20 days after the date the Advice Letter was filed. "effective TBD" means that the date is to be determined by further Commission action. A date listed as "anticipated effective" may be subject to change. An Advice Letter Supplement is not a new filing, and there is no protest period unless indicated. 12/13/96 Energy Br 1633E PACIFIC GAS & ELECTRIC COMPANY, Revises Preliminary Statement Parts AB and AC in accordance with D. 96-10-044 and Public Utilities Code 361. (effective TBD) 02/07/97 Water Br 47-W SOUTHERN CALIFORNIA EDISON COMPANY, To establish a memorandum account pursuant to Resolution W-4014, dated December 20, 1996. (effective TBD) 02/10/97 Telecom Br 8388 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for Cal Poly University Long Beach (effective TBD) 02/10/97 Telecom Br 8389 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for Chaffey Joint Union High School District (effective TBD) 02/10/97 Telecom Br 8390 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Camarillo (effective TBD) 02/11/97 Telecom Br 6 ASC TELECOM, INC., Revise CHCF-A surcharge (effective TBD) 02/11/97 Telecom Br 997 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Introduce a service contract for Accunet Spectrum of Digital services (effective TBD) 02/11/97 Telecom Br 18 CAPITAL NETWORK SYSTEMS, INC., Revise surcharges per D.96-10-066 (effective TBD) 02/11/97 Telecom Br 12 GST PACIFIC LIGHTWAVE INC.(PACIFIC), Revise surcharges per D.96-10-066 and T-15987 (effective TBD) 02/11/97 Telecom Br 11 GST TELECOM CALIFORNIA, INC., Revise surcharges per D.96-10-066 and T-15987 (effective TBD) 02/11/97 Telecom Br 8391 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Cerritos (effective TBD) 02/11/97 Telecom Br 8392 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for County of Ventura (effective TBD) 02/11/97 Telecom Br 8393 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for Claremont Unified School District (effective TBD) 02/11/97 Telecom Br 8394 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for Orcutt Union School District (effective TBD) 02/11/97 Telecom Br 8395 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Rancho Mirage (effective TBD) 02/11/97 Telecom Br 8396 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for Rowland Unified School District (effective TBD) 02/11/97 Telecom Br 8397 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Reedley (effective TBD) 02/11/97 Telecom Br 8398 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for Central School District (effective TBD) 02/11/97 Telecom Br 8399 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Downey (effective TBD) 02/11/97 Telecom Br 8400 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of LaVerne (effective TBD) 02/11/97 Telecom Br 8401 GTE CALIFORNIA INCORPORATED, Contract for Message Toll Service for City of San Fernando (effective TBD) 02/11/97 Telecom Br 8402 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Huntington Beach (effective TBD) 02/11/97 Telecom Br 8403 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Norwalk (effective TBD) 02/11/97 Telecom Br 8404 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Upland (effective TBD) 02/11/97 Telecom Br 8405 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for Lancaster Unified School District (effective TBD) 02/11/97 Telecom Br 8406 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Santa Paula (effective TBD) 02/11/97 Telecom Br 8407 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Rancho Cucamonga (effective TBD) 02/11/97 Telecom Br 8408 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for San Bernardino Community College District (effective TBD) 02/11/97 Telecom Br 8409 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for City of Beaumont (effective TBD) 02/11/97 Telecom Br 8410 GTE CALIFORNIA INCORPORATED, Contract for Message Toll Service for Hacienda/La Puente Unified School District (effective TBD) 02/11/97 Telecom Br 8411 GTE CALIFORNIA INCORPORATED, Contract for Message Toll service for Long Beach City College (effective TBD) 02/11/97 Telecom Br 8412 GTE CALIFORNIA INCORPORATED, Contract for Message toll service for Cucamonga School District (effective TBD) 02/11/97 Telecom Br 179 HAPPY VALLEY TELEPHONE CO., New toll restriction feature and clarify an existing feature (effective TBD) 02/11/97 Telecom Br 157 HORNITOS TELEPHONE COMPANY, New toll restriction feature (effective TBD) 02/11/97 Telecom Br 3 LEAST COST ROUTING, INC., Add check sheet and a text change in the description of the timing of calls (effective TBD) 02/11/97 Telecom Br 47 MFS INTELENET OF CALIFORNIA, INC., Revise CHCF-A surcharge (effective TBD) 02/11/97 Telecom Br 48 MFS INTELENET OF CALIFORNIA, INC., Amend the Directory Assistance rates by reducing Local Calling Area 1 and introduce Local Calling Area 2 rates in Schedule G tariff (effective TBD) 02/11/97 Telecom Br 49 MFS INTELENET OF CALIFORNIA, INC., Revise Surcharges per D.96-10-066 (effective TBD) 02/11/97 Telecom Br 5 NATIONAL ACCOUNTS INC. (LANG EDP CORP), Revise surcharge per D.96-10-066 (effective TBD) 02/11/97 Telecom Br 18686 PACIFIC BELL, Closing of the Fresno Public Office (effective TBD) 02/11/97 Telecom Br 18687 PACIFIC BELL, Express contract for usage (effective TBD) 02/11/97 Telecom Br 18688 PACIFIC BELL, Offer 12 strands 62.5 micron multimode fiber for Level One Communications, Inc. (effective TBD) 02/11/97 Telecom Br 18689 PACIFIC BELL, Provide 12 strand 62.5 multimode fibr for Genentech, Inc. (effective TBD) 02/11/97 Telecom Br 18690 PACIFIC BELL, Introduce two new promotions, SuperFour Elite with Primary Rate ISDN and SuperFour Light with Primary Rate ISDN (effective TBD) 02/11/97 Telecom Br 11 SPECTRUM II, INC., Revise surcharges per D.96-10-066 and T-15987 (effective TBD) 02/11/97 Telecom Br 221 SPRINT COMMUNICATIONS COMPANY L.P., Revise CHCF-A surcharge (effective TBD) 02/11/97 Telecom Br 222 SPRINT COMMUNICATIONS COMPANY L.P., Increase overall intraLATA MTS rates (effective TBD) 02/11/97 Telecom Br 223 SPRINT COMMUNICATIONS COMPANY L.P., Increase Foncard surcharge and Sprint Sense Operator Service rates (effective TBD) 02/11/97 Water Br 45 LAKE ALPINE WATER COMPANY, INC., Revise tariff sheet that establishes percentage gross-up in Rule 15 and update the Main Extension Contract Forms pursuant to D.96-10-037. (effective TBD) ADVICE LETTER PROTESTS To inquire about a protest, call the Energy Branch (703-1093), Telecommunications Branch (703-1889) or Water Branch (703-2028). To obtain a copy of the protest, please direct your request to the protestor. 02/10/97 Telecom Br 8328 GTE CALIFORNIA INCORPORATED, Restructure the GTE Long Distance tariff, modify discount Calling Plan rate sheets, include a subminute billing option and provide a Peak and Off Peak for GTE Between Friends Late filed protest by Various customers. D E C I S I O N S COMMISSION MEETING OF 1/13/97 I97-01-011 Commission Order Instituting Investigation, 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. EXECUTIVE ORDERS SIGNED 1/16/97 D97-01-025 A96-07-041 - Bettel Telecommunications, Inc. For a certificate of public convenience and necessity to include provision to operate as a facilities- based carrier of local telecommunications services. Dismissed at the written request of applicant. D97-01-026 A96-08-073 - AirTouch WMC, Inc. For a certificate of public convenience and necessity to provide competitive local exchange telecommunications services as a reseller. Dismissed at the written request of applicant. D97-01-027 I89-07-004 - Investigation on the Commission's own motion to implement the Biennial Resource Plan Update following the California energy Commission's Seventh Electricity Report. Corrects D96-12-028 as follows: page 20, Conclusion of Law 4, changes the word "single" to "simple" in line 1 and line 3; page 20, Conclusion of Law 4, deletes the words "as published in the publications indicated above" in line 2 and 3; Attachment 1, adds an additional set of parentheses around the factors GPn - GPbase. D97-01-028 C96-07-006 - TGGH Incorporated v Pacific Bell. For improper installation of service and resulting billing dispute in the amount of $4,846.00. Dismissed at the written request of complainant, with prejudice. D97-01-029 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 matters. Corrects references to "I94-02-032" in the heading of pages 2 through 35 and Attachment A of D96-11-041 to read "I94-04-032." COMMISSION MEETING OF 1/23/97 D97-01-030 A91-09-032 - Sierra Pacific Power Company. For authority to implement its energy cost adjustment clause, its electric revenue adjustment mechanism, and its low-income rate assistance surcharge. Finds that the reasonableness issues held open in interim order D92-08-037 have, with one exception, been satisfactorily resolved by subsequent reasonableness proceedings in A92-08- 040, A93-08-049, and A94-08-045. On the remaining issue, a $3,688 disallowance recommendation by the Office of Ratepayer Advocates (formerly Division of Ratepayer Advocates) for carrying costs associated with excess fuel inventory, we find in favor of applicant. This proceeding is closed. D97-01-031 C92-11-053 - Architectural Specified Coatings Corporation v Southern California Gas Company (SoCalGas). Complainant alleges that SoCalGas failed to credit certain checks to complainant's account. Dismissed for failure to meet the burden of proof. This proceeding is closed. D97-01-032 C95-09-040 - Brian Andrew Hyatt v Southern California Gas Company (SoCalGas) for improper charges and overbilling. Complainant has failed to substantiate allegations of improper gas billing and fraud by SoCalGas. The complaint is denied. This proceeding is closed. D97-01-033 C95-11-019 - California Alliance for Utility Safety and Education v San Diego Gas & Electric Company (SDG&E). This complaint seeks to compel SDG&E to provide more undergrounding of electric lines in the City of San Diego and to nullify a settlement agreement between the city and SDG&E which reduces the amount of undergrounding. Held. Grants SDG&E's motion to dismiss for failure to state a cause of action. The agreement between the city and SDG&E is in conformity with SDG&E's tariffs and D95-04-048. Complainant has not shown that SDG&E has violated any law, tariff, or rule of this Commission. This proceeding is closed. D97-01-034 A96-02-034 - Catalina Cruises, Inc. To transfer its certificate of public convenience and necessity to operate as a common carrier by vessel and to sell, assign, or otherwise transfer property, including a leasehold interest, necessary or useful in the performance of its common carrier by vessel service, to Catalina Channel Express, Inc. (CCE), or its designee, and for CCE to provide a letter of credit to secure transfer of the leasehold interest. Dismissed at the written request of applicant. This proceeding is closed. D97-01-035 (ECP) C96-08-046 - John N. Haley v Southern California Gas Company. Denied by reason of failure of proof. This proceeding is closed. D97-01-036 A96-06-050 - ZipCall, LLC. For a certificate of public convenience and necessity to resell interLATA and intraLATA telecommunications services. Granted. This proceeding is closed. D97-01-037 A96-02-042 - Ana Elvia Sanchez, dba "Wee Haul" Shuttle Service. For authority to operate under Sections 1031, 1032, 1036 and RPP Rule 45b(1) as a passenger stage corporation within the boundaries of San Diego County. Interim order - Grants Applicant interim authority, attached as Appendix PSC-10335, to operate as a passenger stage corporation to transport children between points and places within San Diego County. D97-01-038 I96-09-031 - Order Instituting Investigation (OII) and Order to Show Cause into the operations and practices of Joe Burnley, Sr. and consolidation with A96-05-041. Interim order - Suspends the operating authority of Joe Burnley, Sr. pending the final outcome of this OII. D97-01-039 A96-08-068 - MCI Telecommunications Corporation (MCI). For arbitration pursuant to Section 252 (b) of the Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. Approves an agreement between MCI and Pacific Bell for interconnection between their telecommunications networks, unbundled network elements, and other telecommunications services, filed on 1/21/97; directs the parties to file an executed copy of the agreement within 10 days of the date of this order. This proceeding is closed. D97-01-040 I94-04-005 - Investigation on the Commission's own motion into the operations, rates and practices of Mae Newman, dba Mae Newman and Pacific Building Products, Inc., a California corporation as Shipper Respondent. Dismissed. This proceeding is closed. D97-01-041 A96-07-039 - Universal Transportation Systems, Inc. For authority to acquire, and Uri Darwish dba Quick Trip Shuttle Service to sell a certificate of public convenience and necessity (PSC 6865) to operate as a passenger stage between points in Los Angeles and Orange counties on the one hand and Los Angeles International Airport, John Wayne Airport, Burbank Airport, and Long Beach Airport, LA AMTRAK and LA & LB Harbors on the other hand. Granted. This proceeding is closed. D97-01-042 R95-04-043 - Order Instituting Rulemaking on the Commission's Own Motion into competition for local exchange service. I95-04-044 - Related matter. Interim order - Resolves issues relating to subscriber directory listing and access to the local exchange carriers directory listing information; directs the ALJ to issue a procedural ruling calling for comments; transfers issues relating to competitive access to telecommunications directory information from I90-01-033 to this proceeding. D97-01-043 C95-09-030 - Selwyn and Loretta Vos v Pacific Gas and Electric Company (PG&E). Interim order - Finds that PG&E violated mitigation measures in constructing a new compressor station as part of its pipeline expansion project; conditionally fines PG&E for its failure to work with Vos to identify and resolve development conflicts, the potential fine total being $790,000; conditionally fines PG&E $280,000, for its failure to notify the Vos of anticipated construction activity at least 2 weeks in advance of construction; directs the Consumer Services Division to report all additional violations of the mitigation orders with respect to the project; directs PG&E to provide supplemental information. D97-01-044 I94-06-012 - Investigation on the Commission's own motion and Order to Show Cause to determine if San Diego Gas & Electric Company should be held in violation of the Commission's General Order 95 for failure to have exercised reasonable tree trimming practices and procedures. Interim order - Adopts final standards (attached as Appendix) for trimming trees which are in proximity to overhead electric lines of utilities within the Commission jurisdiction; denies intervenor Gary Bailey's request for environmental review; directs the ALJ to convene a prehearing conference within 30 days and the evidentiary hearing within 90 days, after the effective date of this order. D97-01-045 A96-09-012 - MCI Telecommunications Corporation (MCI). For arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with GTE California Incorporated (GTEC). Approves the local interconnection agreement filed by MCI and GTEC in response to the arbitrator's report dated December 11, 1996; directs the parties to file an executed copy of an agreement conforming to this decision within 10 days of its date. This proceeding is closed. D97-01-046 A96-09-043 - Sprint Communications Company (Sprint). For arbitration of interconnection rates, terms, conditions, and related arrangements with Pacific Bell. Approves the arbitrated interconnection agreement between Sprint and Pacific Bell, filed on 12/26/96. This proceeding is closed. D97-01-047 A89-03-026 - Southern California Edison Company (Edison). For a Certificate that the present and future public convenience and necessity required or will require Edison to construct and operate a 220 kV double-circuit transmission line between the Kramer Substation and the Victor Substation in San Bernardino County. Interim order - Disposes of application of Toward Utility Rate Normalization for rehearing of D96-09-039 by granting limited rehearing of D96-09-039 to permit Edison to make the evidentiary showing that the costs that it incurred for the Kramer- Victor Project are "reasonable and prudent" in accordance with section 1005.5(c) of the Public Utilities Code. >D97-01-048 R95-01-020 - Rulemaking on the Commission's own motion into universal service and to comply with the mandates of Assembly Bill 3643. I95-01-021 - Related proceeding. Interim order - Denies The Utility Reform Network's request for immediate stay of an end user surcharge to fund the California High Cost Fund B and the California Teleconnect Fund, adopted by D96-10-066. I97-01-027 - Instituting investigation into the operations and practices of Mike E. Chandler, an individual doing business as At Your Service. 1/27/97 D97-01-049 C96-10-026 ECP - Jerry L. Storts v Searles Domestic Water Company (Searles). For improper billing in the amount of $355.73. Dismisses the complaint under Public Utilities Code section 308 and Resolution A-4638; complainant's deposit with the Commission of $355.73 shall be disbursed, in accord with the parties' agreement, as follows: $177.87 to Jerry Storts and $177.86 to Searles. D97-01-050 R94-04-031 - Investigation on the Commission's proposed policies governing restructuring California's electric services industry and reforming regulation. I94-04-032 - Related matter. Corrects errors in D96-12-025: on page 10, ordering paragraph 2, line 4: insert a comma and the word "and" after the word "FERC" and before the word "electric.". D97-01-051 A96-10-030 - NEXTLINK Communications, L.L.C., NEXTLINK of California, L.L.C. and Linkatel Pacific, L.P (Linkatel). For authority to transfer assets, including certificates of public convenience and necessity, from Linkatel to NEXTLINK Communications, L.L.C. and then to its subsidiary, NEXTLINK of California. Granted as set forth. This proceeding is closed. R E S O L U T I O N S 5/31/96 T-15912 Advice Letters 612, 615, 617, 619, 620, 621, 623 628 of Los Angeles Cellular Telephone Co. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 1/23/97 E-3479 Advice letter 1624-E, filed November 22, 1996 of Pacific Gas and Electric Company (PG&E). Proposes to continue its economic stimulus rate and to revise the ratemaking treatment for the discount to put shareholders at risk for the discount rather than the current method which requires shareholders to fund the discount. This resolution rejects PG&E's proposed funding modification in favor of the 1996 funding mechanism; Granted; The Utility Reform Network's protest regarding PG&E's proposed modification of the ratemaking treatment of the Economic Stimulus Rate Credit revenue shortfall is granted T-15990 Advice Letter 18596, filed November 27, 1996 of Pacific Bell. Request for approval of an interconection agreement between TCI Telephony Services of California, Inc. and Pacific Bell pursuant to Section 252 of the Telecommunications Act of 1996; Granted T-15991 Advice Letter 18603, filed December 4, 1996 of Pacific Bell. Request for approval of an interconnection agreement between Time Warner AXS of California, L.P. and Pacific Bell pursuant to Section 252 of the Telecommunications Act of 1996; Granted TL-18779 Resolution approving issuance and transfer of highway carrier authority pursuant to Sections 1063.5 and 3553 of the Public Utilities Code and approving issuance and transfer of charter-party carrier of passenger certificates pursuant to Section 5374 of the Public Utilities Code; Adopted TL-18780 Resolution denying issuance of charter-party carrier authority and highway carrier authority (including authority to operate as a household goods carrier) for failure to satisfy statutory provisions of the Public Utilities Code and Commission General Orders; Adopted W-4020 Advice Letter 163, filed December 11, 1996 of Dominguez Water Corporation. Order authorizing an offset rate increase of $374,903 or 1.6% additional annual revenue; 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). 2/18/97 9:30 am NONE SCHEDULED 2/25/97 9:30 am NONE SCHEDULED 3/4/97 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 2/14/97 9:30 am ALJ Barnett A94-05-044 (EH)-Southern California Edison Company, for Comr Knight authority to revise its Energy Cost Adjustment Billing Factor, its Electric Revenue Adjustment Billing Factor, its LIRA, its Base Rate Levels, effective 1/1/95, for a total increase of $312.3 million; revise the Energy Reliability Index and Avoided Capacity Cost Pricing; and review of the Reasonableness of Edison's operations during the period from 4/1/93 through 3/31/94, (ECAC), and A95-05-049 (EH)-Southern California Edison Company, for authority to revise its energy cost adjustment bill factors, its electric revenue adjustment billing factors, its low income rate assistance, and its base rate levels effective 1/1/96; to revise the incremental energy rate the energy reliability index, and avoidable capacity cost pricing, etc., Commission Courtroom, San Francisco 2/14/97 10:00 am ALJ Walker C92-03-025 (M)-Energy Reserve, Inc. and Tansev and Comr Duque Associates vs Pacific Gas and Electric Company, in re development of interconnection facilities for ERI's Chico Martinez Enhanced Oil Recovery Cogeneration Facilities, Commission Courtroom, San Francisco 2/14/97 10:00 am ALJ Ryerson C96-09-045 (EH)-Camille Tolson-Lafont vs. Pacific Gas Comr Duque and Electric Company, for refusal to open an account in complainant's name, and C96-09-046 (EH)-Laina Tolson vs. Pacific Gas and Electric Company, for improper 48-hour notice of termination of service, State Office Building, Room A-10, 31 East Channel Street, Stockon 2/14/97 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 2/19/97 10:00 am ALJ Wright A96-07-005 (EH)-Santa Clarita Water Company, for a rate Comr Duque increase of 12.1% or $1,052,000 for test year 1997; 8.7% or $842,500 for test year 1998; 7.4% or $799,500 for attrition year 1999; and 6.4% or $720,800 for attrition year 2000; applicant also requests recovery of undercollected balances in authorized balancing and memorandum accounts in the amounts of $1,544,700 for test year 1997; $1,561,600 for test year 1998; $1,578,600 for attrition year 1999; and $1,578,600 for attrition year 2000; and to charge a $10 fee on returned checks; and to change the grossup percent charged on contributions in aid of construction from 35.4% to 40.6%, Commission Courtroom, Los Angeles; (also February 20, Los Angeles) 2/19/97 10:00 am ALJ Weiss A91-11-010 (EH)-Citizens Utilities Company of California, Comr Fessler general rate increase for water service for additional gross revenues of $306,960 in 1992 and $24,008 in 1993 in its Montara District (N91-10-07), and C92-01-026 (EH)-Joan E. Briody vs. Citizens Utilities Company of California to meet state standards for fire hydrants and water per hydrant in the Montara/Moss Beach area, and C92-01-045 (EH)-Peter Dekker vs. Citizens Utilities Company of California, that defendant has failed to maintain an acceptable quality of water supplied to its customers, and must implement measures to raise the volume of water for emergency use to its fire hydrants and increase storage capacity for same in its Montara and Moss Beach areas, and C92-02-031 (EH)-Gary H. Warhaftig vs. Citizens Utilities Company of California for failure to provide adequate water service in Montara, and C92-02-033 (EH)-Beverly R. and Ronald F. Garrity vs. Citizens Utilities Company of California for failure to provide adequate water service in Montara/Moss Beach, and C92-02-045 (EH)-Point Montara Fire Protection District vs. Citizens Utilities Company of California for failure to provide adequate water service in Seal Cove and Moss Beach Heights, and C92-03-010 (EH)-Lewis J. Michelony, Jr. vs. Citizens Utilities Company of California for violation of Public Utilities Code Section 721 (failure to maintain proper facilities), Commission Courtroom, San Francisco 2/20/97 10:00 am ALJ Walker A96-11-007 (PHC)-Southern California Water Company, to Comr Knight increase rates in order to recover costs resulting from participation in the State Water Project under contract with the Central Coast Water Authority and other related costs to deliver water in its Santa Maria District, Commission Courtroom, San Francisco 2/20/97 3:00 pm ALJ Wetzell A92-10-017 (PHC)-San Diego Gas & Electric Company, to Comr Knight establish an experimental performance-based ratemaking mechanism, (Phase 2 - Base Rates Mechanism), Commission Courtroom, San Francisco 2/21/97 10:00 am ALJ Wright A96-06-018 (PHC)-City of Yorba Linda, for authority to Comr Conlon widen Route 90 (Imperial Highway) at A.T.& S.F., railroad crossing M.P. (Public Utilities Commission Crossing N. 2-12-38.4), Commission Courtroom, Los Angeles 2/21/97 9:00 am ALJ Walker C96-12-026 (PHC)-MCI Telecommunications Corporation vs. Comr Knight Pacific Bell and Pacific Bell Communications, for illegal conduct stalling MCI's efforts to enter the local exchange market, and C96-12-044 (PHC)-AT&T Communications of California, Inc., vs. Pacific Bell, for instituting internal processes resulting in violation of the policy of fair and non-discriminatory resale competition, Commission Courtroom, San Francisco 2/21/97 11:00 am ALJ Wright A96-10-029 (PHC)-ARCO Pipe Line Company, for a general 8% Comr Conlon increase of the intrastate rates for transportation of crude oil, which will provide an estimated additional annual revenue of $2,856,000 in the 1996-97 period, Commission Courtroom, Los Angeles 2/25/97 9:00 am ALJ Pulsifer R95-04-043 (WS)-Rulemaking on the Commission's own motion Comr Conlon into competition for local exchange service, and I95-04-044 (WS)-Investigation on the Commission's own motion into competition for local exchange service, Training Room, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco 2/26/97 10:00 am ALJ Garde A96-04-001 (EH)-Pacific Gas and Electric Company, for Comr Conlon authority to adjust electric rates effective January 1, 1997, for a combination of a $345 million revenue decrease under ECAC, a decrease of $9.6 million under AER, a decrease of $48.3 million under ERAM, and a decrease of $1.3 million under CARE, Commission Courtroom, San Francisco (also February 27 and 28, San Francisco) 2/27/97 10:00 am ALJ Rosenthal C96-03-001 (PHC)-Tariff Research, Inc. vs. MTC Comr Conlon Telemanagement Corporation, seeking refund of billing charges that have not been authorized by tariff, and to prevent termination of service, Commission Courtroom, San Francisco 2/27/97 1:30 pm ALJ Walker A96-08-029 (PHC)-Southern California Edison Company, for Comr Knight expedited and ex parte consideration regarding settlement agreement between Southern California Edison Company and Vulcan/BN Geothermal Power Company, Del Ranch, L.P., Elmore, L.P., and Leathers, L.P., Commission Courtroom, San Francisco 2/28/97 10:00 am ALJ Barnett C97-01-023 (ECP)-Jerry D. Young vs. Southern California Comr Duque Edison Company, for erroneous billing in the amount of 565.47, Commission Courtroom, Los Angeles 2/28/97 11:00 AM ALJ Barnett C97-02-004 (ECP)-Jeffrey J. Carlson vs. Southern California Edison for overbilling resulting in improper charges in the amount of $1,409.20, Commission Courtroom, Los Angeles 3/3/97 10:00 am ALJ Ryerson A96-02-030 (EH)-Dana Point/Catalina Transit Co., dba Dana Comr Conlon Point/Catalina Transit Co., Inc., for certificate of public convenience and necessity to operate a vessel common carrier between Dana Point, California, and Avalon, California, and A96-04-013 (EH)-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 hand, Commission Courtroom, Los Angeles (also March 4, Los Angeles) 3/4/97 10:00 am ALJ Careaga C96-02-014 (EH)-MCI Telecommunications and AT&T Comr Neeper Communications of California, Inc., vs. Pacific bell and MFS Intelenet of California, for discriminatory provision of toll and joint-use Centrex services to MFS Intelenet for resale to MFS Intelenet's customers, Commission Courtroom, San Francisco (also March 5, San Francisco) 3/4/97 10:00 am ALJ Wright C94-03-035 (PHC)-Teresa LeGault vs. Pacific Gas and Electric Comr Knight Company, for endangering safety of complainant by failing to record pipeline easements in county records, the local community service district, and property owner's trust deeds, Commission Courtroom, Los Angeles 3/4/97 11:00 am ALJ Wright C96-10-032 (EH)-Ruperto S. Juarez vs. Southern California Comr Duque Water Company, for improper and inconvenient water meter installation, Commission Courtroom, Los Angeles 3/5/97 10:00 am ALJ Wright C97-01-025 (ECP)-Paul and Gabriele Schulz vs. Bear Valley Comr Duque Electric Service, for billing overcharges in the amount of $595.64, City Hall, Green Room, 39707 Big Bear Boulevard (Highway 18), Big Bear Lake 3/7/97 9:30 am ALJ Garde A96-10-025 (EH)-Rose Transportation of Santa Barbara, dba Comr Duque Santa Barbara Shuttle, for a Certificate of Public Convenience and Necessity to operate as a passenger stage service between certain points in Santa Barbara, on the one hand, and Los Angeles International Airport, on the other hand, Santa Barbara City Hall, 735 Anacapa Street, Council Chambers, 2nd Floor, Santa Barbara 3/14/97 9:00 am ALJ Malcom A96-04-038 (OA)-Pacific Telesis Group, to transfer and ALJ Econome SBC Communications Inc., to acquire control Comr Conlon of Pacific Bell, which will occur indirectly Comr Neeper as a result of Telesis' merger with a wholly owned subsidiary of SBC, SBC Communications (NV) Inc., Commission Auditorium, San Francisco 3/17/97 10:00 am ALJ Stalder A95-08-038 (PHC-EH)-San Jose Water Company, for authority to Comr Conlon increase rates by $3,867,000 or 4.16% in 1995, $4,348,000 or 4.43% in 1996, and $1,713,000 or 1.6% in 1997 in Los Gatos, Saratoga, Monte Sereno, Campbell, portions of San Jose, Cupertino and Santa Clara surrounding and adjacent to these municipalities, Commission Courtroom, San Francisco (also March 18-21, San Francisco) 3/17/97 9:00 am ALJ Patrick A94-12-005 (EH)-Pacific Gas and Electric Company, for Comr Conlon authority to decrease its rates and charges for electric and gas service and increase rates and charges for pipeline expansion service - Test Year 1996 General Rate Case (1997 Electric Rate Design Window Phase) Commission Courtroom, San Francisco (also March 18-21, San Francisco) 3/18/97 1:30 pm ALJ Weissman A96-12-009 (PHC)-Pacific Gas and Electric Company, to Comr Duque identify and separate components of electric rates effective January 1, 1998, and A96-12-011 (PHC)-San Diego Gas & Electric Company, for authority to unbundle rates and products, and A96-12-019 (PHC)-Southern California Edison Company, proposing the functional separation of cost components for energy, transmission and ancillary services, distribution, public benefit programs, and nuclear decommissioning, to be effective 1/1/98 in conformance with D.95-12-036, as modified by D.96-01-009, the 6/21/96 ruling of assigned Commission Duque, D.96-10-074, and AB 1890, Commission Courtroom, San Francisco; (EH), 10 am, March 24 (also March 25-27, and March 31; April 1-4, April 7-11, and April 14, San Francisco) 3/25/97 10:00am ALJ Stalder C96-08-019 (EH)-George W. Gillemot vs. Borrego Springs Water Comr Duque Company, for improper replacement of the water meter with resulting in excessive charges for water consumption, City Hall Council Chamber, 210 N. Broadway, Escondico 4/7/97 10:00 am ALJ Barnett A91-05-050 (EH)-Southern California Edison Company, to Comr Fessler revise its Energy Cost Adjustment Clause (ECAC), and to review the reasonableness of its operations 4/1/90-3/31/91, (Reasonableness of the Amended and Restated Power Purchase Contract between Edison and Mojave Cogeneration Company) Commission Courtroom, San Francisco (also April 8-11, San Francisco) 4/8/97 10:00 am ALJ Careaga A96-06-029 (EH)-Southern California Gas Company, for Comr Conlon authority to recover shareholder incentives associated with Year Two of operations for its experimental three-year Gas Cost Incentive Mechanism (GCIM) program in the amount of $6,265,382, Commission Courtroom, San Francisco 5/19/97 10:00 am ALJ Minkin A96-08-001 (EH)-Pacific Gas and Electric Company, for Comr Conlon approval of valuation and categorization of non- Comr Duque nuclear generation related sunk costs eligible for recovery in the competition transition charge, and A96-08-006 (EH)-San Diego Gas & Electric Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-007 (EH)-Southern California Edison Company, to identify and value the sunk costs of its non- nuclear generation assets, and A96-08-070 (EH)-Pacific Gas and Electric Company, to establish the competition transition charge, and A96-08-071 (EH)-Southern California Edison Company, to estimate transition costs and establish a transition cost balancing account, and A96-08-072 (EH)-San Diego Gas & Electric Company, to estimate transition costs and establish a transition cost balancing account (Phase 2), Commission Courtroom, San Francisco (EH) May 20- 23, 27-30, June 2-6, 9-13, and 16-20, San Francisco) 6/11/97 10:00 am ALJ Weil A90-12-018 PHC)-Southern California Edison Company, general Comr Conlon rate increase for electric service for 1992 in the amount of $440 million, and I89-12-025 (PHC)-Commission Investigation into the operations, rates and expenses associated with Palo Verde Units 1 and 2, and I91-02-079 (PHC)-Commission Investigation into the rates, charges, and practices of Southern California Edison Company (Phase 5), Commission Courtroom, San Francisco 7/14/97 9:00 am ALJ Mattson A90-09-043 (EH)-GTE Corporation, to merge into Contel Comr Duque Corporation and GTE becoming the parent company, and A95-12-006 (EH)-Contel of California, to restructure intrastate rates and charges, for a general rate increase of $45,324,000 per year, based on an overall rate of return on rate base of 12.05% for test year ending 12/31/97, and to implement a new regulatory framework for telephone service, and I96-03-021 (EH)-Commission Order Instituting Investigation into the rates, charges, service, and practices, and regulation of Contel of California, Inc., Commission Courtroom, San Francisco (also July 15-18, San Francisco) 7/14/97 10:00 am ALJ Barnett A96-10-038 (EH)-Pacific Enterprises, Enova Corporation, Comr Duque Mineral Energy Company, B Mineral Energy Sub, and Comr Neeper G Mineral Sub, for approval of a plan of merger of Pacific Enterprises and Enova Corporation with and into B Mineral Energy Sub (Newco Pacific Sub) and G Mineral Energy Sub (Newco Enova Sub), the wholly owned subsidiaries of a newly created holding company, Mineral Energy Company, Commission Courtroom, San Francisco (also July 15-18, 21-25, 28-31, and August 1, San Francisco) MISCELLANEOUS TRANSPORTATION ITEMS 02/14/97 NONE NEW FILINGS NONE PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 02/07/97 A93-12-025 Southern California Edison Company, for authority to increase its authorized level of base rate revenue approximately $153 million over the current ALBRR under the Electric Revenue Adjustment Mechanism for service rendered beginning 1/1/95 and to reflect this increase in rates, and I94-02-002 Commission Order Instituting Investigation into the rates, charges, and practices of Southern California Edison Company, establishment of the Utility's Revenue Requirement and Attrition Request; Consolidated with A93-12-025; Petition for Modification of D96-10-011 and D96-04-059 by Southern California Edison Company. 02/07/97 A93-09-006 Southern California Gas Company, for authority to revise its rates effective 4/1/94 in its Biennial Cost Allocation proceeding for a total revenue increase of $134.0 million (4.9%). A93-08-022 Southern California Utility Power Pool, Imperial Irrigation District, Union Pacific Fuels, Ind. and Meridian Oil Inc. for Rehearing of Resolution G-3072, and A93-09-048 San Diego Gas and Electric Company, for authority to revise its rates effective 4/1/94 in its Biennial Cost Allocation Proceeding, representing a $13.7 million increase over presently authorized revenues; Petition for Modification of D95-07-012 by Southern California Utility Power Pool and Imperial Irrigation District 02/10/97 R87-11-012 Commission order instituting rulemaking to revise time schedule for rate case plan and fuel offset proceedings; Petition for Modification of D89-01-040 by Southern California Gas Company 02/13/97 C96-05-038 City of Vernon vs. Southern California Gas Company; Application for rehearing of D97-01-009 by City of Vernon 02/13/97 C95-11-019 California Alliance for Utility Safety and Education vs. San Diego Gas & Electric Company; Application for Rehearing of D97-10-033 by California Alliance for Utility Safety and Education DRAFT DECISIONS/PROPOSED DECISIONS/ALTERNATES/ARBITRATOR'S REPORTS NONE NEW SETTINGS NONE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Wesley M. Franklin Executive Director State Office Building State Office Building San Francisco, CA 94102 Los Angeles, CA 90012 Tel. No. (415) 703-2782 Tel. No. (213) 897-2973 DAILY CALENDAR Friday February 14, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) REGULAR COMMISSION MEETINGS February 19, 1997, (10:00 am) March 7, 1997, (10:00 am) (NEW DATE) March 18, 1997, (9:00 am) (NEW DATE) San Francisco The Commission Daily Calendar will not be published on February 17, 1997 due to a State Legal Holiday 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. PUBLIC MEETING 1:30 pm - 4:00 pm February 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 conference call. If conferencing is requested, a one-week notification is required. For a copy of the agenda or more information, contact Terry Gray at (510) 452-2757. PUBLIC MEETING 1:30 pm - 4:00 pm February 14, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 3204 San Francisco 1:30 pm - 4:00 pm March 18, 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 Gray at (510) 452-2757. WORKSHOP NOTICE R.94-04-031, I.94-04-032 Electric Restructuring 9:30 am February 20, 1997 California Public Utilities Commission Commission Auditorium 505 Van Ness Avenue San Francisco Pursuant to D96-12-077, there will be a workshop on Thursday, February 20, 1997, at 9:30 a.m. in the Commission auditorium to address the issue of streamlining the tariffs and accounts for electric utilities. The workshop will be facilitated by the Energy Division staff. The workshop is open to the public and is wheelchair accessible. Please contact Maryam Ebke at (415) 703-2575 (e-mail: meb@cpuc.ca.gov) or Greg Wilson at (415) 703-2159 (e-mail: gwilson@cpuc.ca.gov) for more information. PUBLIC MEETING 10:00 am - 4:00 pm February 20, 1997 Deaf & Disabled Telecommunications Program Office 1939 Harrison Street, Suite 555 Oakland The Equipment Program Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. PUBLIC MEETING 10:00 am - 4:00 pm February 21, 1997 Deaf & Disabled Telecommunications Program Office 1939 Harrison Street, Suite 555 Oakland The California Relay Service Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. WORKSHOP NOTICE NOTICE OF WORKSHOP TO CONSIDER STANDARDS OF REVIEW FOR UTILITY CAPITAL ADDITIONS TO GENERATING ASSETS THAT TAKE PLACE AFTER DECEMBER 20 1995 10 am February 24, 1997 and 9 am February 25 and 26, 1997 California Public Utilities Commission 505 Van Ness Avenue Training Room San Francisco, California A workshop will be held to discuss standards of review for utility capital additions to generating assets that take place after December 20, 1995. The Commission training room is wheelchair accessible. Any member of the public may attend this workshop. Questions can be directed to Wade McCartney of the Energy Division via e-mail at wsm@cpuc.ca.gov, FAX at (415) 703-2200 or telephone at (415) 703-2167. WORKSHOP NOTICE R.95-04-043/ I.95-04-044 WORKSHOP TO ADDRESS SOLUTIONS TO THE OSS CONSTRAINTS REGARDING IMPLEMENTATION OF AREA CODE RELIEF PLANS 9 am - 4 pm February 25, 1997 California Public Utilities Commission 505 Van Ness Avenue, Training Room San Francisco, California The workshop will be conducted by the Commission's Telecommunications Division staff. In compliance with Ordering Paragraph 2 of D.96-12-087, the workshop shall address solutions to overcome the Operational Support Systems (OSS) constraints limiting the ability to schedule permissive or mandatory dialing for multiple relief plans within the same month. Comments are solicited from parties regarding the topics and questions which need to be addressed during the workshop to be responsive to D.96-12-087. Comments shall be filed with the Commission and served on parties of record no later than February 11, 1997. Contact person is Risa Hernandez at (415) 703-5331; E-Mail rhh@cpuc.ca.gov. If a sign language interpreter or other specialized accommodations are needed, please contact the Public Advisor's Office at (415) 703-2074 or TDD (415) 703-2032 five working days in advance of the event. PUBLIC MEETING 10:00 am - 4:00 pm February 25, 1997 Oakland Marriot City Center 1001 Broadway, AJ Toppers Room (Top Floor) 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 2:00 pm - 4:00 pm March 3, 1997 Offices of Graham & James LLP Third Floor Reception Area 1 Maritime Plaza (Clay Street at Front Street) San Francisco The California High Cost Fund (CHCF-A) Trust Administrative Committee will hold its second meeting of 1997. The contact person is Jean Boettger at (415) 542-1949. PUBLIC MEETING 1:30 pm - 4:00 pm March 18, 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 conference call. If conferencing is requested, a one-week notification is required. For a copy of the agenda or more information, contact Terry 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 Ex Parte 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. 02/10/97 A95-09-017 CORRECTION FROM THE DAILY CALENDAR OF 02/11/97. Southern California Edison Company, for order approving agreement for buyout of Power Purchase Agreement contract between Southern California Edison Company and Dixie Valley Power Partnership. THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED ON 2/6/97 AND APPEARED IN THE CALENDAR OF 2/10/97. On February 3, 1997, Bruce Foster, Vice President of Southern California Edison (Edison), met with David Gamson, advisor to Cmmr. Neeper, in San Francisco. Also present were: Michael Hoover of Regulatory Affairs of Edison; Russell Swartz, attorney for Edison; Steve Ponder of Dixie Valley Power Partnership (Dixie Valley); Charles Schwenck and Michael Day, counsel for Dixie Valley; James Bishop of Caithness Resources (Caithness); and Dean Gosselin of ESI Energy (ESI). A copy of a letter from Michael Day, on behalf of Edison, Caithness, ESI and Dixie Valley (attached to the notice), was used. The letter explains the positive results of a test well on the site and that the Dixie Valley project is viable. The representatives of Edison, Caithness, ESI and Dixie Valley stated that section 11.1.3 of the contract does not apply to the line connecting the generation plant of Dixie Valley to the Oxbow transmission line, as that line is a generation tie or interconnection facility, not a transmission line; and that even if the section were applicable, it was irrelevant, as no permits, rights of way or footings and towers were required for the interconnection. Day and Schwenck argued that even if one assumed the relevance of the section and a failure on the part of Dixie Valley to comply, no automatic termination of the contract would result. Day and Schwenck also referred to FERC precedent, case law and the relevant Nevada statutes to support the conclusion that a generation tie or interconnection was not properly classified as a "transmission". The Edison representatives confirmed that they did not intend for section 11.1.3 to apply to the facilities contemplated by Dixie Valley for interconnection; and that both parties interpreted the power purchase contract to read that interconnection facilities as defined therein referred to facilities interconnecting the Oxbow line to the Edison system at the Edison & Control substation. Dixie Valley Contact: Danielle Albano filed Tel: (415) 781-0701 02/11/97 C96-03-039 MCI Telecommunications Corporation vs. Pacific Bell, for discriminatory and anticompetitive actions regarding code exhaust relief planning for the 916 numbering plan area. C96-03-040 MCI Telecommunications Corporation vs. Pacific Bell, for discriminatory and anticompetitive actions regarding code exhaust relief planning for the 415 numbering plan area. LATE FILED. On February 4, 1997, Jay Olson President of the Granite Bay Chamber of Commerce, on behalf of Roseville Telephone Company (Roseville), sent a letter (attached to the notice) to Cmmr. Neeper in San Francisco. Olson's letter expressed the support of the Granite Bay Chamber of Commerce for the 916 area code boundary proposed in Roseville's petition for modification. Olson stated that the Granite Bay community shares strong ties with the communities of Sacramento and South Placer County. Olson stated that changing Granite Bay to a different area code would require eleven digit dialing for many local calls and would be a significant burden. Roseville Contact: Sean P. Beatty filed Tel: (415) 433-1900 02/13/97 LATE FILED. On February 6, 1997, Barbara Alby, California Assemblywomen, sent a letter (attached to the notice) to Cmmr. Neeper in San Francisco. Alby's letter stated that she represents the City of Citrus Heights and the surrounding area which are subject to the proposed 916 area code boundary changes. Alby stated that she supports Roseville's 916 area code boundary proposal because it would maintain seven-digit dialing to the area. Alby stated that she objects to any proposal which would split the City of Citrus into two area codes. Roseville Contact: Sean P. Beatty filed Tel: (415) 433-1900 02/11/97 A96-03-007 Pacific Bell Communications, for a certificate of public convenience and necessity to provide InterLATA and IntraLATA telecommunications services AUGMENTATION REQUIRED. On February 7, 1997, Dan Jacobsen, Director of Regulatory and External Affairs for Pacific Bell Communications (PBCOM), met with Commissioner advisors Dorothy Duda, Tim Sullivan, Robert Lane, Jose Jimenez, and Lester Wong in San Francisco. Lynn Mowery, Director Regulatory Relations for Pacific Bell (PacBell), was also present. During the meeting the overall status of PBCOM's application was reviewed. PBCOM discussed the conditions which would allow PacBell's joint marketing to compete with interexchange carriers' bundled services and also allow PBCOM to forego its request to provide local exchange services. PBCOM discussed the compensation which will PBCOM will provide to PacBell for joint marketing, pursuant to FCC 96- 490. PBCOM provided one copy of FCC 96-489 and FCC 96-490. Written materials were used but were not attached to the notice. PBCOM Contact: Erin Servo filed Tel: (510) 468-5312 02/11/97 A96-04-038 Pacific Telesis Group, to transfer and SBC Communications Inc., to acquire control of Pacific Bell, which will occur indirectly as a result of Telesis' merger with a wholly owned subsidiary of SBC, SBC Communications (NV) Inc. On February 6, 1996, Dick Odgers, Executive Vice President - General Counsel and External Affairs for Pacific Telesis Group (PTG), met with Cmmr. Bilas in San Francisco. Lester Wong, advisor for Cmmr. Bilas, and Jim Ellis, Executive Vice President and General Counsel for SBC Communications (SBC), were also present. Odgers and Ellis stated that PUC Code Section 854(b) was not applicable to the merger. Odgers and Ellis stated that if the Commission finds that Section 854(b) is applicable, any economies realized by PacBell as a result of the merger should flow through to customers by the operation of competitive market forces. Odgers provided a tabulation (attached to the notice) indicating the relative size of PTG and other telecom companies at the time that PTG was considering the merger. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 02/11/97 On February 7, 1997, Dick Odgers, Executive Vice President - General Counsel and External Affairs for Pacific Telesis Group (PTG), met with Cmmr. Neeper in San Francisco. Jim Ellis, Executive Vice President and General Counsel for SBC Communications (SBC), was also present. Odgers provided written material containing selected quotes from supporters of the PTG/SBC merger (attached to the notice). Odgers and Ellis requested an explanation of the Commission's proposed schedule for reaching a decision on the merger. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 02/11/97 On February 7, 1997, Dick Odgers, Executive Vice President - General Counsel and External Affairs for Pacific Telesis Group (PTG), met with Cmmr. Conlon in San Francisco. John Scadding and Jose Jimenez, advisors for Cmmr. Conlon, and Jim Ellis, Executive Vice President and General Counsel for SBC Communications (SBC), were also present. Odgers and Ellis stated that the merger had broad based support. Odgers provided written material containing selected quotes from supporters of the merger (attached to the notice). Odgers and Ellis stated that Section 854(b) of the PUC Code did not apply because the utilities are not being merged. Odgers and Ellis stated that if Section 854(b) did apply, it would be limited to utility operations over which the Commission has ratemaking authority, and any economic benefits resulting from the merger should be flowed through to customers by the operation of market forces. A copy of Section 854 was provided (attached to the notice). Odgers and Ellis urged the Commission to approved the merger without conditions that shareholders and investors would regard as unfavorable. Odgers and Ellis stated that facility-based competition was an important goal but was unrelated to the merger of PTG and SBC. Ellis stated that after the merger is consummated, SBC will fully cooperate with the Commission and that Pacific Bell will remain fully subject to the Commission's jurisdiction. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 02/13/97 On February 7, 1997, Elena Schmid, Director of the Commission's Office of Ratepayer Advocates (ORA), met with Cmmr. Conlon in San Francisco. Also present were: John Scadding and Jose Jimenez, advisors for Cmmr. Conlon; Rufus G. Thayer, staff counsel presenting ORA; Simon Cheong, of Fin Econ; and Lee L. Selwyn and Jennifer Johns of Economics and Technology, Inc. Redacted and unredacted copies of a written handout setting forth a summary of ORA's position were provided to Cmmr. Conlon and advisor Jimenez (redacted version attached to the notice). Subsequent to the meeting, a copy of the public record version of the submission of Dennis Vacco, Attorney General of the State of New York, was also provided to Cmmr. Neeper. ORA stated that their belief that section 854(b) of the CPUC Code definitely applies to the proposes acquisition of Pacific Bell (PacBell) by SBC Communications (SBC). ORA stated that competition cannot be relied upon to flow through merger benefits to ratepayers, contrary to assertions by the applicants, because competition as demonstrated in the record is not expected to be robust, and prices for telecommunications services are not expected to be materially lower as a result of the merger. ORA stated that, despite claims of growing competition, PacBell's prices are not expected to fall in the growing market for business and residential services and PacBell revenue will continue to climb over the next ten years for all major categories of service. ORA stated that their estimated $2.1 billion merger benefit estimate was completely reasonable in comparison to the Bell Atlantic/NYNEX merger, the GTE-Contel merger and the ENOVA/Pacific Enterprises merger. ORA stated that section 854(b) of the CPUC Code indisputably applies to the instant proceeding and that ORA's estimate of the ratepayer's share of the merger benefits totaling $2.1 billion is reasonable and should be distributed to ratepayers pursuant to section 854(b). ORA Contact: Susie Toy, Legal Receptionist filed Tel: (415) 703-1858 02/13/97 On February 7, 1997, Elena Schmid, Director of the Commission's Office of Ratepayer Advocates (ORA), met with Cmmr. Neeper in San Francisco. Also present were: Fassil Fenikile, advisor for Cmmr. Neeper; Rufus G. Thayer, staff counsel presenting ORA; Simon Cheong, of fin Econ; and Lee L. Selwyn and Jennifer Johns of Economics and Technology, Inc. Redacted and unredacted copies of a written handout setting forth a summary of ORA's position were provided to Cmmr. Neeper and advisor Fenikile (redacted version attached to the notice). Subsequent to the meeting, a copy of the public record version of the submission of Dennis Vacco, Attorney General of the State of New York, was also provided to Cmmr. Neeper. ORA stated that their belief that section 854(b) of the CPUC Code definitely applies to the proposes acquisition of Pacific Bell (PacBell) by SBC Communications (SBC). ORA stated that competition cannot be relied upon to flow through merger benefits to ratepayers, contrary to assertions by the applicants, because competition as demonstrated in the record is not expected to be robust, and prices for telecommunications services are not expected to be materially lower as a result of the merger. ORA stated that, despite claims of growing competition, PacBell's prices are not expected to fall in the growing market for business and residential services and PacBell revenue will continue to climb over the next ten years for all major categories of service. ORA stated that their estimated $2.1 billion merger benefit estimate was completely reasonable in comparison to the Bell Atlantic/NYNEX merger, the GTE-Contel merger and the ENOVA/Pacific Enterprises merger. ORA stated that section 854(b) of the CPUC Code indisputably applies to the instant proceeding and that ORA's estimate of the ratepayer's share of the merger benefits totaling $2.1 billion is reasonable and should be distributed to ratepayers pursuant to section 854(b). ORA Contact: Susie Toy, Legal Receptionist filed Tel: (415) 703-1858 02/13/97 AUGMENTATION REQUIRED. On February 11, 1997, Randoplh Deutsch, AT&T Communications of California, Inc. (AT&T) Law and Government Affairs Vice President - Pacific Region, met with Cmmr. Conlon in San Francisco. John Scadding and Jose Jimenez, advisors for Cmmr. Conlon, and Terry Houlihan, outside counsel for AT&T, were also present. Steven Brenner participated by telephone. Houlihan stated that the principle elements of AT&T's rationale for opposing the merger are set forth in his letter of 1/14/97 (attached to the notice). Houlihan stated that in general there are two problems presented by the merger: 1) it will strengthen the existing local exchange monopolist, Pacific Bell (PacBell), making entry into the local exchange markets more difficult; 2) the merger will eliminate SBC as a potential competitor in local exchange markets. Houlihan stated that the New York Attorney General's views were consistent with points AT&T was making in the proceeding. Houlihan stated that recent efforts by PacBell to have prices in the OANAD proceeding based on "actual" cost rather than long run incremental costs show that PacBell believes that it will continue to have substantial market power for the foreseeable future. AT&T Contact: Doretta Dea filed Tel: (415) 442-2985 02/13/97 AUGMENTATION REQUIRED. On February 10, 1997, Mark Savage, counsel for the Intervenors, sent a letter to Cmmrs. Conlon, Knight, Duque, Neeper and Bilas in San Francisco. Savage's letter discussed the proposed merger and the Community Partnership Agreement. Written materials were used, but were not attached to the notice. Intervenors Contact: Daisy Muhammad filed Tel: (415) 431-7430 02/13/97 A95-12-043 Pacific Bell, for authority to increase and restructure certain rates of its Integrated Services Digital Network services. C96-02-002 Compaq Computer Corporation and Intel Corporation vs. Pacific Bell, for unjust and unreasonable rates and charges, and practices, and inadequate service for its Integrated Services Digital Network service. AUGMENTATION REQUIRED. On February 13, 1997, Cynthia Walker, Regulatory Manager for the California Cable Television Association (CCTA), sent a letter with attachments to Dorothy Duda and Robert Lane, advisors for Cmmr. Knight. The letter and attachments contained CCTA's reply brief in the ISDN proceeding and excerpts from the ISDN hearing transcripts, and reference to portions of D9608021 and Pacific Gas and Electric Company's filing in the OANAD proceeding. Written material was used, but was not attached to the notice. CCTA Contact: Maria Politzer filed Tel: (510) 428-2225 02/13/97 On February 10, 1997, John Gueldner, Vice President - Regulatory for Pacific Bell (PacBell), met with Cmmr. Conlon in San Francisco. Also present were: Jose Jimenez, advisor for Cmmr. Conlon; Robert Lee, President, Business Communications Services for PacBell; Ross Ireland, Vice President - Network Engineering for PacBell; and Robert Mazique, Senior Counsel, Pacific Telesis Group. PacBell stated that it wanted to aggressively market and promote ISDN service, however, the Commission needed to provided a decision with a fair price. PacBell stated that their proposed rate increase was based on the TSLRIC cost study which the Commission approved in the OANAD proceeding. PacBell stated that ISDN costs more to provide than POTS service because, among other reasons, it requires unique equipment. PacBell Contact: Tina Gerbasi filed Tel: (415) 542-3350 02/13/97 I87-11-033 Commission investigation into alternative regulatory frameworks for local telecommunications exchange carriers, and A85-01-034 Pacific Bell, general rate increase for telephone service in the amount of $1,362,000,000, intrastate, and A87-01-002 General Telephone Co. of California, general rate increase for telecommunications services of approximately $52,133 million, intrastate, and I85-03-078 Commission investigation into rates, etc., of Pacific Bell re: interconnection, and C86-11-028 Extension Connection Inc. vs Pacific Bell, et al, that defendants not be allowed to enclose information re: maintenance service contracts in utility bill envelopes and that use of "611" telephone number to obtain repairs is a violation of anti-trust laws, and I87-02-025 Commission investigation into rates, etc., of General Telephone Co of California & Pacific Bell, and C87-07-024 General Telephone Co of California vs Wang Communications Inc, for cease and desist order directing defendant to refrain from commencing service in City of Industry without Commission authority, etc., and A95-12-043 Pacific Bell, for authority to increase and restructure certain rates of its Integrated Services Digital Network services, and C96-02-002 Compaq Computer Corporation and Intel Corporation vs. Pacific Bell, for unjust and unreasonable rates and charges, and practices, and inadequate service for its Integrated Services Digital Network service. On February 11, 1997, Alan Gardner, Vice President Regulatory and Legal Affairs for the California Cable Television Association (CCTA), met with Cmmr. Conlon in San Francisco. Jose Jimenez, advisor for Cmmr Conlon, was also present. Gardner stated that at this stage in the proceeding the record was confusing and stale given the technological developments which clearly made ISDN a Category II service. Gardner stated that proposed increases were contrary to prior Commission orders with respect to having Category II services above a services' OANAD case. Gardner stated that other providers carry the full cost of their service and that ISDN needed to be priced at least at the real cost floor. Gardner stated that any discount needed to be an avoided cost discount that is consistent with OANAD and FCC rulings. Gardner stated that a service price should be implemented that meets the cost floor with a directive that there be a reset in the OANAD case based on the ISDN elements involved. CCTA Contact: Frank Monti filed Tel: (510) 428-2225 Other Business Agenda No. 2947 June 6, 1996 LEG-1 SB 678 (Polanco) as amended on May 9, 1996. Would require that the Commission submit a report to the Legislature by July 1, 1997 that recommends an approach to financing existing low- income public policy prograns that does not create competitive imbalance between Commission- regulated natural gas providers and others. Commission voted 4-0 to approve recommendation to support the bill. Commissioner Fessler necessarily absent. HLEG-4 AB 2589 (Battin) as amended on April 17, 1996. Would require approval by April 1, 1997, of an experimental rate design, in Climatic Zone 15, which may diverge from the inverted rate structure mandated by Section 739 of the Public Utilities Code. Commission voted 3-1 to support recommendation to take a neutral position on the bill if funding to implement is provided. Commissioner Neeper dissented. Commissioner Fessler necessarily absent. HLEG-6 AB 2597 (Alby) as amended on April 24, 1996 and as proposed to be amended. Would provide that no privately owned or publicly owned public utility shall provide electric service to an existing retail customer of another utility unless the customer first enters into an agreement to pay an established nonbypassable severance fee or competitive transition charge. Commission voted 3-1 to support the concept of a nonbypassable competition transition change but oppose provisions of the bill which are inconsistent with the Commission's policy and Roadmap implementation decisions. Commissioner Knight dissented. Commissioner Fessler necessarily absent. REMOVALS FROM CALENDAR NONE