ADJOURNMENTS-RESETTINGS-SUBMISSIONS A96-12-009 Weissman-Pacific Gas and Electric Company, electric unbundling, and related matters, Evidentiary Hearing held and continued to 10 am, March 31, San Francisco I96-09-002 Weiss-Commission Investigation, Greenbelt Water Company, Prehearing Conference held and no report given 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. 03/04/97 Energy Br 2010G PACIFIC GAS & ELECTRIC COMPANY, Revises Houehold Income Requirement for California Alternate Rates for Energy (CARE) Program. (effective TBD) 03/04/97 Energy Br 544 SOUTHWEST GAS CORPORATION, The purpose of this advice filing is to update Southwest's "Statement of Rates-Effective Rates applicable to Southern California Division Schedules" effective 3/1/97 to reflect the Core subscription procurement. (effective TBD) 03/24/97 Water Br 59 HILLVIEW WATER COMPANY, [Oakhurst-Sierra Lakes District]Impose a one-time surcharge to recover fees paid to the Dept. of Health Services. (effective TBD) 03/25/97 Telecom Br 6 BRITTAN COMMUNICATIONS INC., Correct an error (effective TBD) 03/25/97 Telecom Br 8447 GTE CALIFORNIA INCORPORATED, Amendment to Interconnection Agreement between ICG Telecom Group Inc and GTE (effective TBD) 03/25/97 Telecom Br 8448 GTE CALIFORNIA INCORPORATED, Addendum to State Toll contract (effective TBD) 03/25/97 Telecom Br 8449 GTE CALIFORNIA INCORPORATED, Addendum to State Toll contract (effective TBD) 03/25/97 Telecom Br 8450 GTE CALIFORNIA INCORPORATED, Addendum to State Toll contract (effective TBD) 03/25/97 Telecom Br 8451 GTE CALIFORNIA INCORPORATED, Addendum to State Toll contract (effective TBD) 03/25/97 Telecom Br 8452 GTE CALIFORNIA INCORPORATED, Addendum to State Toll contract (effective TBD) 03/25/97 Telecom Br 8453 GTE CALIFORNIA INCORPORATED, Contract amendment for Toll (effective TBD) 03/25/97 Telecom Br 8454 GTE CALIFORNIA INCORPORATED, Toll and Digital Channel Service Contract (effective TBD) 03/25/97 Telecom Br 432-A GTE WEST COAST INC., Supplements A.L. No. 432, Establish Billing Name and Address Services at the state level (effective TBD) 03/25/97 Telecom Br 18755 PACIFIC BELL, Interconnection agreement for Data Exchange (effective TBD) 03/26/97 Telecom Br 1029 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Extend AT&T Simple Rates Promotion through June 30, 1997 (effective TBD) 03/26/97 Telecom Br 1030 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Offer AT&T CustomNet & CustomNet - Option S IntraLATA -A- Promotion II (effective TBD) 03/26/97 Telecom Br 1031 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Extend AT&T UniPlan & Megacom Intralata Short Haul -A- promotion (effective TBD) 03/26/97 Telecom Br 1032 AT&T COMMUNICATIONS OF CALIFORNIA, INC, Extend AT&T UniPlan and Megacom IntraLATA Short Haul "P" Promotion (effective TBD) 03/26/97 Telecom Br 3 CALTECH INTERNATIONAL TELECOM CORP., Establish rates, terms and conditions for it's flat rate service plans titled U.S. Plan #1 and U.S. Plan #2 (effective TBD) 03/26/97 Telecom Br 1060-A CONTEL SERVICE CORPORATION, Supplements A.L. No. 1060, Establish Price Floor for Centrex Service (effective TBD) 03/26/97 Telecom Br 10 DIAL & SAVE (DIAL & SAVE OF CALIFORNIA), Add new services (effective TBD) 03/26/97 Telecom Br 6 EQUALNET CORPORATION (EQUAL NET COMMS), Give notice of Promotion No. 1 for which EqualNet requests an effective date of April 18, 1997, to give notice of discontinuante of one debit card and to add new price groups for other debit cards previously tariffed (effective TBD) 03/26/97 Telecom Br 8444-A GTE CALIFORNIA INCORPORATED, Supplements A.L. No. 8444, Introduce a new service, Call Waiting/Cancel Call Waiting, to the Custom Calling Service tariff, establish a cap to limit charges for per occurrence and clarify that monthly rates (effective TBD) 03/26/97 Telecom Br 283 MCI TELECOMMUNICATIONS CORPORATION, Advice commission of contract with a governmental agency (effective TBD) 03/26/97 Telecom Br 18756 PACIFIC BELL, Express contract for ATM service (effective TBD) 03/26/97 Telecom Br 18757 PACIFIC BELL, Express contract for ATM service (effective TBD) 03/26/97 Telecom Br 18758 PACIFIC BELL, SuperTrunk Enhancements and Resale Rate Reduction (effective TBD) 03/26/97 Telecom Br 14 SPRINT TELECOMMS VENTURE (NEWTELCO L.P), Introduce the local Residential Internet Promotion and make text changes to the CHCF-B and Teleconnect Fund surcharge (effective TBD) 03/26/97 Telecom Br 15 SPRINT TELECOMMS VENTURE (NEWTELCO L.P), Make Text changes to Business Sense local Monthly Recurring Charge Waiver Promotion (effective TBD) 03/26/97 Telecom Br 7 U.S. LONG DISTANCE INC., Introduce COPT service for Local tariff (effective TBD) 03/26/97 Water Br 63 LUCERNE WATER COMPANY, THE, Impose a surcharge to recover fees paid to the Dept. of Health Services. (effective TBD) ADVICE LETTER PROTESTS To inquire about a protest, call the Energy Branch (703-1093), Telecommunications Branch (703-1889) or Water Branch (703-2028). To obtain a copy of the protest, please direct your request to the protestor. D E C I S I O N S COMMISSION MEETING OF 3/18/97 3/18/97 D97-03-028 A95-09-005 - California Water Service Company (Cal Water). For an order authorizing it to increase rates charged for water service in the Stockton district. A95-09-006, A95-09-007, A95- 09-008, A95-09-009 - Related matters. Approves a memorandum of understanding and a stipulation (attached as Appendix A) entered into between Cal Water and the Commission's Water Division, dealing with procedures by which Cal Water will notify the Commission of service area extensions; adopts ratepayer credits and slightly reduced rates for the utility's Visalia district and Bakersfield district. These proceedings are closed. D97-03-029 A96-09-034 - HLC-Internet Incorporated. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Grants applicant a certificate of public convenience and necessity to resell interLATA and intraLATA telecommunications services. This proceeding is closed. D97-03-030 C96-07-047 (ECP) - Thomas W. Peckham v San Diego Gas & Electric Company. For improper billing in the amount of $2,692.80. Complainant operates a trailer park with 25 submeters. He seeks reparations because defendant has computed his master meter discount on the basis of 14 submeters. Granted: the complainant has 25 submeters and is entitled to the discount on 25 submeters; San Diego Gas and Electric Company shall pay Thomas W. Peckham $2,692 as reparations. This proceeding is closed. D97-03-031 A96-05-027 - Microwave Services, Inc. For a certificate of public convenience and necessity to provide facilities-based interLATA and intraLATA non-switched private line telecommunications services. A96-05-028 - Related matter. Consolidates A96-05-027 and A96- 05-028; dismisses the petitions to modify D96-08- 010 and D96-08-011. These proceedings are closed. D97-03-032 A97-01-049 - County of Kern (County). For an order authorizing construction of a crossing at separated grades between Calloway Drive and the tracks of the Burlington Northern and Santa Fe Railway (BNSF), sometimes referred to as the "Calloway Drive Underpass" PUC No. 2-892.6B. Grants request of the County to construct Calloway Drive underpass at separated grades under the tracks of BNSF Company's Fresno- Bakersfield main line near Bakersfield in Kern County. This proceeding is closed. D97-03-033 A96-11-002 - US WATS, INC., a New York Corporation. For a certificate of public convenience and necessity to provide intraLATA telecommunications services. Granted. This proceeding is closed. D97-03-034 A96-11-028 - CIMCO Communications, Inc. For a certificate of public convenience and necessity to operate as a reseller of telecommunications services. Grants a certificate of public convenience and necessity to provide switchless interLATA and intraLATA telecommunications services. This proceeding is closed. D97-03-035 A96-08-031 - Southern California Edison Company (Edison). For order approving the settlement agreement between Edison and the Procter & Gamble Paper Products Company. Approves the written settlement agreement; authorizes related relief. This proceeding is closed. D97-03-036 A96-10-039 - UniDial, Inc. For a certificate of public convenience and necessity to resell local exchange service. Grants a certificate of public convenience and necessity to resell local exchange service as a competitive local carrier. This proceeding is closed. D97-03-037 A96-10-016 - Royal Telecom International Incorporated. For a certificate of public convenience and necessity to provide resold intraLATA and interLATA telecommunications services. Granted. This proceeding is closed. D97-03-038 A96-12-061 - Wholesale Airtime, Inc., a Delaware Corporation. For a certificate of convenience and necessity to provide interLATA and intraLATA telecommunications services on a switchless resale basis. Granted. This proceeding is closed. D97-03-039 A96-12-013 - World Link Communication, Inc. dba WCI Communications. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications services. Grants a certificate of public convenience and necessity to nondominant interexchange reseller carrier. This proceeding is closed. D97-03-040 C96-07-008 (ECP) - Barry M. Harman vs Pacific Bell. For improper billing and charging, for improper disconnection of service. Denied. The amount of $2,012.18 deposited by complainant at the Commission shall be disbursed to Pacific Bell. This proceeding is closed. D97-03-041 A96-02-051 - Sasscom, Inc. For a certificate of public convenience and necessity to provide competitive local exchange, intraLATA local and toll, and interLATA toll telecommunications services. Grants a certificate of public convenience and necessity to operate as a reseller of competitive local exchange services and as a reseller of intraLATA, intrastate and interLATA, intrastate telecommunications services. This proceeding is closed. D97-03-042 A96-02-052 - Pacific Bell (Pacific). In compliance with Ordering Paragraph 5 of D94-06- 011, concerning whether the market-based rate of return should be modified. Pacific's market- based rate of return shall not be modified at this time. However, it shall be addressed, along with its benchmark rate of return, in its next triennial new regulatory framework filing. This proceeding is closed. D97-03-043 C92-10-034 - John J. Wheeling, dba Services Systems v Southern California Edison Company. To enforce G.O. 156 goals for procurement from WMBE contractors. Grants Edison's motion to dismiss complaint for failure to state a claim upon which the relief sought may be granted; dismisses the complaint, with prejudice. This proceeding is closed. D97-03-044 A97-02-007 - County of Kern (County). For an order authorizing construction of a crossing at separated grades between Seventh Standard Road and the tracks of the Southern Pacific Transportation Company (SPTC) sometimes referred to as the "Seventh Standard Road Overhead." Grants request of the County to construct Seventh Standard Road overhead at separated grades over the tracks of Union Pacific Railroad Company's Fresno-Bakersfield main line, formerly owned by SPTC, near Bakersfield in Kern County. This proceeding is closed. D97-03-045 A97-02-026 - City of Bakersfield (City). For an order authorizing construction of a crossing at separated grades between Q Street and the tracks of the Burlington Northern and Santa Fe Railway (BNSF), sometimes referred to as the "Q Street Underpass". Grants request of the City to construct Q Street underpass at separated grades under the tracks of the BNSF's Fresno-Bakersfield main line in Bakersfield, Kern County, as set forth. This proceeding is closed. D97-03-046 A96-09-041 - Santa Clara County Traffic Authority (SCCTA). To widen Mountain View overhead in Santa Clara County on State route 85 from Dana Street to US route 101. Authorizes SCCTA, on behalf of Caltrans to widen Mountain View overhead (SR 85) across Peninsula Corridor Joint Powers Board tracks in Mountain View, Santa Clara County. This proceeding is closed. D97-03-047 A94-04-013 - Sacramento Regional Transit District (SRTD). For an order authorizing District to construct, modify, maintain and operate a light rail passenger system and Southern Pacific Transportation Company tracks across Butterfield Way, Bradshaw Road, Horn Road, Routier Road, and Mather Field Road in the County of Sacramento. Granted, as set forth. This proceeding is closed. D97-03-048 A96-09-039 - Sprint Communications Company L. P. (Sprint) for arbitration of interconnection rates, terms, conditions, and related arrangements with GTE California, Inc (GTEC). Grants Sprint's motion to elect to take the AT&T/GTEC interconnection agreement; directs the parties to file and execute a copy of the agreement within 10 days from the date of this order; denies GTEC's motion to approve an agreement incorporating the Arbitrator's report; remands the proceeding to the ALJ Division for further proceedings. D97-03-049 C96-03-039 - MCI Telecommunications Corporation v Pacific Bell. For discriminatory and anticompetitive actions regarding code exhaust relief planning for the 916 numbering plan area. C96-03-040 - Related matter. Interim order - Grants the following two requests contained in Pacific Bell's (Pacific) petition to modify D96- 08-042: (1) to move the City of Dixon from the 530 Numbering Plan Area (NPA) to the 707 NPA, and (2) to delay by one day the geographic split of the 415 NPA. The remainder of Pacific's petition to modify D96-08-042 will be addressed in a future decision; requires telephone corporations to submit to the Commission's Public Advisor (PA) a plan to notify and educate telephone customers about the changes to D96-08-042 ordered by this decision. D97-03-050 A93-12-025 - Southern California Edison Company. For authority to increase its authorized level of base rate revenue under the Electric Revenue Adjustment Mechanism for service rendered beginning January 1, 1995 and to reflect this increase in rates. I94-02-002 - Related matter. Interim Order - Concludes that the provisions of AB 1890 preclude implementation of the AB 2589 experimental rate design for Climatic Zone 15. D97-03-051 C91-09-038 - George M. Sawaya v Pacific Bell. Denies application for rehearing of D96-01-027. This proceeding is closed. D97-03-052 I97-01-011 - Investigation the Commission's own motion into the operations, practices, and conduct of Inter Continental Telephone Corporation, to determine whether the company has complied with the laws, rules, regulations and applicable tariff provisions governing the manner in which California consumers are switched from one long distance carrier to another, and other requirements for long distance carriers. Denies application for rehearing of I97-01-011, filed by respondent ICT, alleging that the Order instituting investigation is unlawful in violation of PU Code { 1705 because it fails to include separately stated findings of fact and conclusions of law and because it is based on insufficient evidence or evidence not disclosed to respondent. D97-03-053 I96-02-043 - Investigation on the Commission's own motion into the operations, practices, and conduct of Communication TeleSystems International (CTS) and Edward 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 carrier to another, and other requirements for long distance carriers. Denies applications for rehearing D96-05-050, filed by California Association of Long Distance Carriers and CTS. D97-03-054 R84-12-028 - Rulemaking into the commission's own motion for purposes of compiling the Commission's rules of procedure in accordance with Public Utilities Code section 322 and considering changes in the Commission's Rules of Practice and Procedure. A97-02-011 - Related matter. Denies application for rehearing filed by Southern California Edison Company of Resolution ALJ-170, which established experimental rules and procedures to gain experience, where practicable, with management of Commission proceedings under the requirements of Senate Bill 960. D97-03-055 C96-05-038 - The City of Vernon (City) vs the Southern California Gas Company. Denies the City's application for rehearing of D97-01-009, in which the Commission denied Vernon's request to require Southern California Gas Company to place a gas line at depths in excess of state and federal standards. Vernon alleges that the Commission must conclude the line placement as ordered is safe. D97-03-056 A93-12-025 - Southern California Edison Company. For authority to increase its authorized level of base rate revenue under the electric revenue adjustment mechanism for service rendered beginning January 1, 1995 and to reflect this increase in rates. I94-02-002 - Related matter. Denies request for rehearing of D96-08-023 filed by Toward Utility Rate Normalization. D97-03-057 C95-11-005 - Systems Analysis & Integration, Inc., dba Systems Integrated vs Southern California Edison Company. Denies application for rehearing of D96-12-023, filed by System Analysis & Integration, Inc., in which the Commission denied applicant's complaint. D97-03-058 A95-12-048 - San Diego Gas and Electric Company. For rehearing of Executive Director Resolution E- 3433 requiring San Diego Gas and Electric Company to file an application for a permit-to-construct the proposed batiquitos 138 kV underground transmission line. Denies applications of David Puzo, and the California Alliance for Utility Safety and Education for rehearing of D96-04-094, since no legal error has been demonstrated. EXECUTIVE ORDERS SIGNED 03/21/97 D97-03-059 C96-11-040 (ECP) - Edris R. Aubry, Jr. v Nationwide Cellular Service, Inc. For improper cellular telephone service disconnection fees in the amount of $25.00. Dismissed upon written request of all parties. D97-03-060 A96-011-002 - J. Francisco Hernandez, an individual, dba America's Shuttle. To transfer his passenger stage corporation certificate to Genaro Elizondo and J. Francisco Hernandez as a partnerhsip in accordance to section 851 through 854 of the Public Utilities Code. Dismissed upon written and unopposed request. D97-03-061 A94-12-005 - Pacific Gas and Electric Company. For authority, among other things, to decrease its rates and charges for electric and gas service, and increase rates and charges for pipeline expansion service. I95-02-015 - Related matter. Corrects typographical errors in ordering paragraphs 2, 3, 4, 5, and 6 of D97-02- 047 to require the state's electric utilities to calculate The Utility Reform Network's intervenor compensation with interest to accrue beginning January 19, 1997. D97-03-062 A97-01-008 - AirTouch Cellular and its affiliates. For arbitration pursuant to section 252(b) of the Telecommunications Act of 1996 of the rates, terms and conditions of interconnection with Pacific Bell. Dismissed, upon written request of applicant, with agreement of the incumbent local exchange carrier. D97-03-063 I96-04-024 - Investigation on the Commission's own motion into the operations of Heartline Communications, Inc. and whether the entity, by itself or through practices including arrangements with certificated long distance carriers, conducted intrastate utility operations without holding a certificate from this Commission, and whether it switched any customers to its service without their permission. Dismisses respondents' application for rehearing of an order instituting I96-04-024 upon written and unopposed request of Total National Telecommunications, Inc./Heartline Communications. D97-03-064 I97-03-025 - Investigation on the Commission's own motion into rating area consistency and routing practices between incumbent local exchange carriers (LECs) and certified competitive local carriers in instances where expanded local service has been afforded. Directs the Executive Director to cause a copy of I97-03-025 to be immediately served upon all incumbent LECs and all appearances and the state service list in C96-10-018; deletes the reference to service of a "certified" copy in ordering paragraph 4 of I97-03-025; the date of mailing of I97-03-025 is March 21, 1997, rather than March 20, 1997. I97-03-025 - Order instituting investigation on the Commission's own motion into rating area consistency and routing practices between incumbent local exchange carriers (LECs) and certified competitive local carriers (CLCs) in instances where expanded local service has been afforded. C96-10-018 - Related matter. Institutes investigation into rating area consistency and routing practices between incumbent LECs and certified CLCs in instances where expanded local service has been afforded for the purpose of determining whether such practices promote local competition in a manner that creates an unreasonable burden on small LECs or is unreasonable or lawful in any other respect; consolidates C96-10-018 into this investigation. I97-03-026 - Order instituting investigation and order to show cause into whether the charter- party permit (TCP 7348P) of Jaime L. Atilano, an individual, doing business as Tri Star Limousine, should not be revoked. Institutes investigation on the Commission's own motion into the operations and practices of Jaime L. Atilano, doing business as Tri Star Limousine, to determine whether the respondent: a. violated Public Utilities Code sections 421, 5387, 5415 and 5387.5 by failing to remit the $3,000 fine and to comply with D95-08-018; b. violated GO 157, parts 3.04 and 5.03, by engaging the services of unlicensed charter-party carriers; and c. violated GO 157, parts 1.06 and 5.02, by failing to enroll drivers in the Department of Motor Vehicles Pull Notice Program. This investigation is also instituted for the purpose of allowing the respondent to show cause why his charter-party permit should not be revoked. R E S O L U T I O N S 6/25/96 T-15930 Advice Letters 476 thru 499 of GTE Mobilnet of California. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 6/27/96 T-15941 Advice Letters 651, 657, and 659 of Los Angeles Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15942 Advice Letters 663 and 681 of Los Angeles Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15943 Advice Letters 665, 669, and 671 of Los Angeles Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. T-15944 Advice Letters 677, 680, and 689 of Los Angeles Cellular Telephone Company. Executive Order authorizing the construction of cellular radiotelephone facilities in accordance with General Order 159; Adopted. 3/18/97 ALJ-171 Presents draft of proposed final rules to implement SB 960. Describes how experimental rules authorized by Resolution ALJ-170 were revised for this draft. Authorizes ALJ Division to forward draft to Office of Administrative Law for publication in California Regulatory Notice Register; Approved. CSD-001 Resolution authorizing designated employee in the Consumer Services Division to exercise the powers of peace officers within the scope of the employee's duties as specified by Penal Code Section 830.11 and PU Code Section 308.5 and appointing the employee as a person who may perform specific duties described by PU Code Section 308; Adopted. E-3468 Advice Letter 1126-E of Southern California Edison Company. Requests to modify its Rule 11, Discontinuance and Restoration of Service, Section G, Noncompliance, and the corresponding relevant parts of its interruptible rate schedules; Granted. E-3483 Advice Letter 991-E of San Diego Gas & Electric Company. Requests approval to close 21 time-of- use tariff schedules to new customers; Granted as modified; The protest of Utility Consumers' Action Network is denied. E-3484 Advice Letter 1197-E of Southern California Edison Company. Requests authorization to modify its research, development and demonstration royalties memorandum account to include a technology commercialization incentive procedure; Granted. G-3205 Advice Letter 1987-G of Pacific Gas and Electric Company (PG&E). Requests approval of revisions to gas rates to true-up annual balancing accounts and to revise the cost of gas for 1997; Granted as modified; The protests of Enron and Enserch are granted. G-3206 Advice Letter 105-G of Southern California Edison Company (Edison). Requests revision of its tariffs to reflect an increase in the Santa Catalina Island gas cost adjustment billing factors (GCABFs). The revised GCABFs are calculated in accordance with the procedures set forth in the preliminary statement, Part F, Santa Catalina Island gas cost adjustment clause, of Edison's tariffs as authorized in D82-04-010; Granted. O-0012 Advice Letter 20 of Chevron Pipe Line Company. Requests approval to remove from service a portion of its Western San Joaquin System. CAL PUC No. 19 would be canceled and replaced by CAL PUC No. 26; Granted. T-15992 Advice Letter 18573 and supplemental Advice Letter 18573A of Pacific Bell (Pacific). Request to include primary rate interface integrated services digital network service in its Education First Program is rejected in part and authorized in part under our Universal Service guidelines. Pacific must file tariffs for recurring rates for this service which are discounted by 50% off Pacific's business service rates. Pacific is required to supplement its advice letter with tariffs showing these discounted rates. Pacific's request to include non-recurring charges and usage rates in its program are authorized as requested; Granted with condition; The protest of Davis Wright Tremaine, LLP on behalf of Teleport Communications Group, ICG Telecom Group, Inc., California Cable Television Association, MCI Telecommunications Corporation and TCI Telephoney Services of California, Inc., is rejected. T-16012 Advice Letter 18625 of Pacific Bell (Pacific). To approve Pacific's request to discontinue a billing edit function for customer owned pay telephone non-sent paid intrastate calls billed by Pacific; Granted; The protest of California Payphone Association is denied. T-16013 Advice Letter 18645 of Pacific Bell (Pacific). Request for approval of 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 Corporation and Pacific pursuant to Section 252 of the Telecommunications Act of 1996. Resolution approves a cellular interconnection agreement between CMT Partners and Pacific. It provides for explicit compensation for transport and termination of local calls (not bill and keep). Pacific pays a lower rate than CMT. The agreement is a) not discriminatory to a third party, b) is not inconsistent with public interest, c) meets Commission's requirements and standards. Market Structures makes no determination as to whether the transport and termination rates meet the pricing standards of 252(d) of the Act. Approval of voluntary agreements does not require such a finding; Granted. TL-18788 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. SR-88 Apportioning railroad crossing protection maintenance costs between the railroads and the cities and counties; Adopted. W-4034 Wolfback Water Company, Inc. Order reimposing a one-time surcharge producing $8,150 for the recovery of an unanticipated expense memorandum account balance; 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). 4/1/97 9:30 am NONE SCHEDULED 4/8/97 9:30 am NONE SCHEDULED 4/15/97 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 3/28/97 10:00 am ALJ Barnett C96-11-045 (ECP)-Ruby Patterson vs. Southern California Comr Knight Edison Company, for failure to replace a damaged meter resulting in improper billing in the amount of $2,099.00, Riverside Municipal Museum, 3580 Mission Inn Avenue, Riverside 3/31/97 10:00 am ALJ Weissman A96-12-009 (EH)-Pacific Gas and Electric Company, to Comr Duque identify and separate components of electric rates effective January 1, 1998, and A96-12-011 (EH)-San Diego Gas & Electric Company, for authority to unbundle rates and products, and A96-12-019 (EH)-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; (also April 1-4, April 7-11, and April 14-18, San Francisco) 3/31/97 10:00 am ALJ Careaga A96-11-020 (EH)-Pacific Gas and Electric Company, for Comr Conlon authorization to sell Hunters Point, Morro Bay, Moss Landing, and Oakland generating plants and related assets, Commission Courtroom, San Francisco 3/31/97 7:00 pm ALJ Bushey A95-08-020 (PPH)-City of San Rafael, to construct one grade Comr Conlon crossing of the Golden Gate Bridge, Highway & Transportation District (formerly Northwestern Pacific Railroad Company Main Line) (San Rafael- Willits) at Anderson Drive in the City of San Rafael, San Rafael Community Center, 618 B Street, San Rafael 4/2/97 10:30 am ALJ Ramsey C96-07-031 (PHC)-Richard E. Meoli and Paragon San Dimas Comr Duque Homeowners Association vs. Souithern California Water Company, for unreasonable increase of water rates, City Hall, Council Chambers, 245 East Bonita Avenue, San Dimas 4/3/97 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 and 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 4/3/97 9:30 am ALJ Ramsey C96-10-009 (PHC)-Lee A. Johnson vs. Southern California Gas Comr Neeper Company, for improper transfer of outstanding balance in the amount of $12,579.31 to the Complainant, Commission Courtroom, Los Angeles 4/3/97 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 4/7/97 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) (PHC) 10 am, April 7, on remaining Phase 2 issues, Commission Courtroom, San Francisco (also (EH) April 8-11, San Francisco) 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) 4/10/97 10:00 am ALJ Mattson C93-06-007 (PHC)-Lorraine Brown, Christopher Gray vs. Santa Comr Conlon Clara County Transportation Agency, Santa Clara County Transit District, for failure to comply with Section 2-3324 of the State of California Building Code in failing to install 18-inch bands of clearly contrasting texture at the edge of the boarding so a blind person can detect the different platforms, and failure to comply with ANSI A117.1, Commission Courtroom, San Francisco 4/11/97 10:00 am ALJ Malcolm A94-12-006 EH)-Southern California Gas Company, for rates Comr Conlon recovery of costs related to the Northridge Earthquake in the amount of $22.345 million through the Catastrophic Event Memorandum Account, Commission Courtroom, San Francisco 4/14/97 9:00 am ALJ Stalder I97-01-028 (EH)-Commission Order Instituting Investigation Comr Duque into the operations and practices of North Shuttle, Inc., dba Yellow Airport Express and its president and manager Martin Smith, an individual, Commission Courtroom, San Francisco (also April 15-18, San Francisco) 4/14/97 11:00 am ALJ Barnett C97-03-003 (ECP)-James Moore vs. GTE California Incorporated Comr Bilas and AT&T Communications of California, Inc., for improper billing in the amount of $3,685.00, Riverside Municipal Museum, 3580 Mission Inn Avenue, Riverside 4/14/97 11:15 am ALJ Barnett C97-03-022 (ECP)-Thomas F. Winfield, III, vs. Southern California Gas Company, for improper charges in the amount of $204.24, Riverside Municipal Museum, 3580 Mission Inn Avenue, Riverside 4/16/97 10:00 am ALJ Bennett C97-03-027 (ECP)-Melba J. Tyson vs. Pacific Gas and Electgric Company, for violations of service tariff resulting in improper billing in the amount of $1,726.55 and wrongful termination of services, Commission Courtroom, San Francisco 4/17/97 9:30 am ALJ Econome A97-03-002 (PHC)-Pacific Gas and Electric Company, for Comr Bilas authority to revise its gas rates and tariffs to be effective 1/1/98, pursuant to D.89-01-040, D.90-09-089, D.91-05-029, D.93-12-058, D.94-07- 024, and D.95-12-053, Commission Courtroom, San Francisco 4/17/97 10:00 am ALJ Patrick A96-05-045 (PHC)-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 that 1/1/97 balances in the energy cost adjustment clause (ECAC) and the 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, 1995 through March 31, 1996, Commission Courtroom, San Francisco 4/18/97 9:30 am ALJ Hale R97-01-009 (PHC)-Commission Order Instituting Rulemaking on Comr Knight the Commission's own motion to evaluate the intervenor compensation program, and to modify the existing program or develop new rules to promote participation of all categories of consumers and their representatives in Commission proceedings to better insure that the consumer interests are more effectively represented and compensated, and I97-01-010 (PHC)-Commission Order Instituting Investigation on the Commission's own motion to evaluate the intervenor compensation program, and to modify the existing program or develop new rules to promote participation of all categories of consumers and their representatives in Commission proceedings to better insure that the consumer interests are more effectively represented and compensated, Commission Courtroom, San Francisco 4/21/97 10:00 am ALJ Ryerson I94-06-012 (EH)-Commission Order Instituting Investigation Comr Conlon and Order to Show Cause to determine if San Diego Gas & Electric Company should be held in violation of G.O. 95 and fined for its failure to comply with PU Codes 701, 2107, 2108, and 2112, by failing to exercise reasonable tree-trimming practices and procedures, Commission Courtroom, San Francisco (also April 22-25, San Francisco) 4/22/97 9:00 am ALJ Stalder C96-12-052 (EH)-Richard D. Corson, Juanita A. Corson, and Comr Duque Richard DeWorken vs. Pacific Bell Telephone Company, for unlawful wiretaps and failure to provide private telephone service, City Hall Council Chambers, 212 S. Vanderhurst Avenue, King City 4/23/97 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 4/23/97 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 4/23/97 10:00 am ALJ Walker A96-08-029 (EH)-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 (also April 24 and 25, San Francisco) 4/25/97 11:00 am ALJ Wright A96-03-051 (PHC)-Pacific Gas and Electric Company, for Comr Duque authorization to sell the Placer County Canal System to Placer County Water Agency, Commission Courtroom, San Francisco 4/25/97 2:00 pm ALJ Bushey R94-02-003 (OA)-Commission Order Instituting Rulemaking to Comr Knight establish a simplified registration process for non-dominant telecommunications firms, and I94-02-004 (OA)-Commission Order Instituting Investigation to establish a simplified registration process for non-dominant telecommunications firms (Oral Argument before Assigned Commissioner), Commission Courtroom, San Francisco (also 9 am, June 20, Oral Argument before a Quorum of the Commission) 4/30/97 10:00 am ALJ Ramsey A96-09-039 (PHC)-Sprint Communications Company, L.P., Comr Conlon for arbitration of interconnection rates, terms, conditions, and related arrangements with GTE California Incorporated, Commission Courtroom, San Francisco 4/30/97 10:00 am ALJ Gottstein I97-03-025 (PHC)-Commission Order Instituting Investigation Comr Neeper 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, and C96-10-018 (PHC)-Pac-West Telecom, Inc., vs. Evans Telespace Company and The Volcano Telephone Company, for refusal to properly transmit and route dialed calls, Commission Courtroom, San Francisco 5/7/97 2:00 pm ALJ Garde C97-01-003 (EH)-C. J. Villalobos, et a. vs. Grand Oaks Comr Neeper Water Company, for failure to provide adequate water utility service on a day-to-day basis, (Mountain Crossing Restaurant, 416 W. Tehachapi Boulevard, Tehachapi 5/12/97 10:00 am ALJ Walker C96-12-026 (EH)-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, Commission Courtroom, San Francisco (also May 13-16, 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) 5/21/97 2:00 pm ALJ Walker A96-11-007 (PPH)-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, Santa Maria Valley YMCA, 3400 Skyway Drive, Santa Maria (also 7:00 pm); (EH) 10:00 a.m., June 24, Commission Courtroom, San Francisco (also June 25-27, June 30, and July 1-3, San Francisco) 5/28/97 7:00 pm ALJ Barnett A96-10-038 (PPH)-Pacific Enterprises, Enova Corporation, Comr Duque Mineral Energy Company, B Mineral Energy Sub, and Comr Neeper G Mineral Sub, for approval of a plan of merger of Pacific Enterprises and Enova Corporation with and into B Mineral Energy Sub (Newco Pacific Sub) and G Mineral Energy Sub (Newco Enova Sub), the wholly owned subsidiaries of a newly created holding company, Mineral Energy Company, Council Chambers, 12th Floor, City Administration Building, 202 C Street, San Diego; (also May 29, 7:00 pm, Council Chambers, City Hall, 600 Eucalyptus Avenue, Vista; June 3, 7:00 pm, Council Chambers, City Hall, 77 Fair Drive, Costa Mesa; June 5, 7:00 pm, Council Chambers, City Hall, 3900 Main Street, Riverside; June 17, 7:00 pm, Council Chambers, City Hall, 320 West Newmark Avenue, Monterey Park; June 18, 7:00 pm, Hall of Administration, Lower Plaza Assembly Room, 800 S. Victoria Avenue, Ventura; June 19, 7:00 pm., Counsel Chambers, City Hall, 707 West Acequia Street, Visalia) 6/11/97 10:00 am ALJ Weil A90-12-018 PHC)-Southern California Edison Company, general Comr Duque rate increase for electric service for 1992 in the amount of $440 million, and I89-12-025 (PHC)-Commission Investigation into the operations, rates and expenses associated with Palo Verde Units 1 and 2, and I91-02-079 (PHC)-Commission Investigation into the rates, charges, and practices of Southern California Edison Company (Phase 5), Commission Courtroom, San Francisco 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 03/28/97 NONE NEW FILINGS 03/25/97 A97-03-043 Catalina Passenger Service, Inc., to increase rates of fare for the transportation of passengers by vessel between Newport Beach and Avalon, Santa Catalina Island 03/25/97 A97-03-045 Southern California Gas Company, and Southern California Edison Company, for approval of demand-side management pilot bidding contract 03/26/97 A97-03-044 Pacific Bell, for authorization to sell single share of stock, representating its interest in Bell Communications Research, Inc. PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 02/04/97 C94-08-044 Robert Bixler vs. Alco Water Services and Alisal Water Corporation, for breach of contract by failing to reconnect broker water line and water supply; Petition for Modification of D95-02-083 by the Consumer Services Division 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 March 28, 1997 (The Daily Calendar is available on the Internet at http://www.cpuc.ca.gov.) March 31, 1997, (1:00 pm) Continuation of March 18, 1997 Commission meeting for items H2; 1, 1a, 1b; 4; 6 and EX-13 (NOTE: CHANGE OF TIME FROM 10:00 AM TO 1:00 PM) EX-13 A97-03-039 - Disposes of request for immediate stay of Resolution G-3205 filed by The Utility Reform Network in connection with an Application for Rehearing of that Resolution. The applicant alleges that a stay is necessary because the Resolution imposes, without proper notice and due process, a large rate increase which would be effective April 1, 1997, and the failure to grant a stay will undermine effective review of the Application. This matter is added to the agenda under Government Code {{ 11125.3, 11125.5 (b)(1) and Public Utilities Code { 306 (b). REGULAR COMMISSION MEETINGS April 9, April 23, 1997, (10:00 am) May 6, 1997, (10:00 am) NEW DATE 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 April 4, 1997 Commissioner Josiah L. Neeper 9:00 am - 12:00 pm State Office Building 1350 Front Street, Room 4006 San Diego April 11, 1997 Commissioner Jessie J. Knight 9:00 am - 12:00 pm Department of Parks & Recreation 2211 Garden Road, Conference Room Monterey April 14, 1997 Commissioner Richard A. Bilas 1:00 pm - 4:00 pm Department of Parks and Recreation Green Acres 2014 Calloway Drive Bakersfield April 25, 1997 Commissioner Josiah L. Neeper 9:00 am - 12:00 pm City Hall, Department of Public Works Conference Room B 300 North D Street San Bernardino April 28, 1997 Commissioner Jessie J. Knight 9:00 a.m. - 4:00 p.m. Park Place 1395 Civic Drive Walnut Creek May 29, 1997 Commissioner Josiah L. Neeper 9:00 - 12:00 pm City Hall Council Chambers, Interview Room 201 No. Broadway Escondido June 18, 1997 Commissioner Josiah L. Neeper 9:00 am - 12:00 pm State Office Building 107 S. Broadway, Room 5109 Los Angeles For further information or to make an appointment, please contact Sandra Graham at (213) 897-3544. 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 9:00 am - 4:00 pm April 2, 1997 California Public Utilities Commission 505 Van Ness Avenue, Training Room, 1st Floor San Francisco, California This a continuation of a workshop held on February 25, 1997 and 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. On February 11, 1997, comments were filed by parties regarding workshop topics and questions. Contact person is Risa Hernandez at (415) 703-5331; E-Mail rhh@cpuc.ca.gov. for a copy of the workshop agenda, please call or E-mail Ms. Hernandez and leave the FAX number or E-mail address where the agenda should be sent. 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 9:30 am - 11:30 am April 9, 1997 California Public Utilities Commission 505 Van Ness Avenue, Room 4206 (Corner of Van Ness Avenue and McAllister) San Francisco The Interim Committee for the California High Cost Fund A, (CHCF-A), Fund B, (CHCF-B) and the California Teleconnect Fund (CTF) will hold a meeting to review legal documents establishing the funds and the Interim Committee. The contact person is Rufus G. Thayer at (415) 703-2191. PUBLIC MEETING 10 am - 4 pm April 11, 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 2:00 pm - 4:00 pm April 11, 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 A (CHCF-A) Trust Administrative Committee will hold its third meeting of 1997. The contact person is Jean Boettger at (415) 542-1949. PUBLIC MEETING 10 am - 4 pm April 18, 1997 Deaf & Disabled Telecommunications Program Office 1939 Harrison Street, Suite 555 Oakland The California Relay Service Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. PUBLIC MEETING 10 am - 4 pm April 29, 1997 MCI Relay Service Center Riverbank 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 person is Shelley Bergum (510) 874-1410 voice or (510) 874-1411 TDD. Please refrain from wearing perfumes or scents to DDTP meetings. ============================================================================== 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 A96-08-043eeting". 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. 03/26/97 A96-04-038 CORRECTION FROM THE DAILY CALENDAR OF 03/27/97. 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 March 21, 1997, Daniel J. McCarthy, Senior Counsel for Pacific Telesis Group (PTG), met with Lester Wong, advisor for Cmmr. Bilas, in San Francisco. Paul K. Mancini, Senior Attorney for SBC, and Lynn Mowery, Regulatory Relations Director for Pacific Bell (PacBell), were also present. McCarthy and Mancini stated that the alternate contains many of the errors contained in the proposed decision. McCarthy and Mancini stated that the alternate also improperly includes Yellow Pages and Category III services in its potential cost savings estimate, and places further onerous conditions on the merger. McCarthy and Mancini stated that the alternate should clarify Ordering Paragraph 1a to implement rate changes through the surcredit mechanism as contemplated at Appendix A, page 1 and to specify which services should be included.McCarthy stated that the requirement that PacBell report GO 133-B results by language is not supported by the record evidence and would be extremely difficult to implement. A document entitled "PTG/SBC Merger - Comments on Alternate Proposed Decisions" (attached to the notice) was referenced during the meeting. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 03/26/97 CORRECTION FROM THE DAILY CALENDAR OF 03/27/97. On March 21, 1997, Daniel J. McCarthy, Senior Counsel for Pacific Telesis Group (PTG), met with Bob Lane and Dorothy Duda, advisors for Cmmr. Knight, in San Francisco. Paul K. Mancini, Senior Attorney for SBC, and Lynn Mowery, Regulatory Relations Director for Pacific Bell (PacBell), were also present. McCarthy and Mancini stated that the alternate contains many of the errors contained in the proposed decision. McCarthy and Mancini stated that the alternate also improperly includes Yellow Pages and Category III services in its potential cost savings estimate, and places further onerous conditions on the merger. McCarthy and Mancini stated that the alternate should clarify Ordering Paragraph 1a to implement rate changes through the surcredit mechanism as contemplated at Appendix A, page 1 and to specify which services should be included.McCarthy stated that the requirement that PacBell report GO 133-B results by language is not supported by the record evidence and would be extremely difficult to implement. A document entitled "PTG/SBC Merger - Comments on Alternate Proposed Decisions" (attached to the notice) was referenced during the meeting. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 03/27/97 On March 24, 1997, Daniel McCarthy, Senior Counsel, Pacific Telesis Group (PTG), met with Tim Sullivan, advisor to Cmmr. Duque, in San Francisco. Also present were: Paul Mancini, Senior Attorney, SBC; and Mary Vanderpan, Regulatory Vice President, Pacific Bell (PacBell). Written material (attached to the notice) was used. McCarthy and Mancini pointed out that Cmmr. Conlon's alternate contains many of the errors contained in the proposed decision, that the alternate uses 8 years instead of 5 years; and also improperly includes Yellow Pages and Category III services in its potential cost savings estimate; and it places further onerous conditions on the merger resulting in unnecessary micro-management of PacBell. Mancini and McCarthy pointed out that Cmmrs. Neeper and Bilas alternate should clarify ordering paragraph 1a to implement rate changes through the surcredit mechanism as contemplated at Appendix A, page 1 and toe specify which services (exchange, toll, access) should be included; and that, similarly, page 77 overstates the sworn commitments of applicants. Mancini reiterated SBC's commitment that PacBell's management will not be compromised. Finally, McCarthy pointed out that the requirement that Pacbell report GO 133-B results by language is not supported by the record evidence and would be extremely difficult to implement. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 03/27/97 On March 24, 1997, Daniel McCarthy, Senior Counsel, Pacific Telesis Group (PTG), met with Fassil Fenikile, advisor to Cmmr. Neeper, in San Francisco. Also present were: Paul Mancini, Senior Attorney, SBC; and Mary Vanderpan, Regulatory Vice President, Pacific Bell (PacBell). Written material (attached to the notice) was used. McCarthy and Mancini pointed out that Cmmr. Conlon's alternate contains many of the errors contained in the proposed decision, that the alternate uses 8 years instead of 5 years; and also improperly includes Yellow Pages and Category III services in its potential cost savings estimate; and it places further onerous conditions on the merger resulting in unnecessary micro-management of PacBell. Mancini and McCarthy pointed out that Cmmrs. Neeper and Bilas's alternate should clarify ordering paragraph 1a to implement rate changes through the surcredit mechanism as contemplated at Appendix A, page 1 and to specify which services (exchange, toll, access) should be included; and that, similarly, page 77 overstates the sworn commitments of applicants. Mancini reiterated SBC's commitment that PacBell's management will not be compromised. Finally, McCarthy pointed out that the requirement that Pacbell report GO 133-B results by language is not supported by the record evidence and would be extremely difficult to implement. PTG Contact: Tina Gerbasi filed Tel: (415) 542-3350 03/27/97 A96-03-054 Pacific Gas and Electric Company, to modify Diablo Canyon pricing and adopt a customer electric rate freeze in compliance with D95-12-063. On March 25, 1997, James Squeri, regulatory counsel for the County of San Luis Obispo (County) and the San Luis Coastal Unified School District (School District), participated in an all-party meeting with Cmmrs. Duque and Knight in San Francisco. Also present were: Michelle Cooke, advisor to Cmmr. Duque; Dorothy Duda and Robert Lane, advisors to Cmmr. Knight; and Jean Vieth, advisor to Cmmr. Bilas. A list of other attendees is attached to the notice. Squeri stated that the proposed decision mischaracterizes the nature of the County/School District's request for relief; errs by concluding that there are legal impediments to granting the request for adoption of a mechanism that will preserve the County's entitlement to property tax revenues promised by Pacific Gas and Electric Company in exchange for the County's commitment to support the construction and operation of the Diablo Canyon Nuclear Power Plant; and fails to address the essential elements of the County's claim. Squeri stated further that the claim cannot be relegated to the Legislature. Squeri asserted that to the extent the County/School District's property tax revenues have been jeopardized by Commission action, the issue is now properly before the Commission and the protection sought is within the authority of the Commission to grant. S.Luis Obispo Contact: Cindy Addad filed Tel: (415) 392-7900 03/27/97 A96-03-060 Southern California Gas Company, for authority to change core procurement rates on a monthly basis. On March 25, 1997, James McTarnaghan, representing Enron Capital and Trade Resources (Enron), met with Cmmr. Bilas in San Francisco. Also present were: Jean Vieth, advisor to Cmmr. Bilas; and Mona Petrochko, representing Enron. McTarnaghan stated that the service that Southern California Gas Company (SoCalGas) was attempting to provide was a "competitive" service that could be better offered by market participants other than the regulated utility, including an affiliate if affiliate standards were in place. McTarnaghan further stated that the fixed price option could impede development of the competitive market and indicated that this type of utility service, if allowed, would serve as an additional obstacle to development of the core aggregation market. McTranaghan noted that Enron and other marketers are providing such service in contradiction to the SoCalGas' claims that it is meeting an unmet demand by the proposal. Enron representatives asserted that the current proposal provides SoCalGas with competitive advantages and listed the access to customer information and the sign up process as examples of such advantages. Petrochko described the lengthy process that an aggregator must complete in order to sign up a customer and compared such process to the user-friendly approach proposed for SoCalGas to sign up for the fixed-price option. McTarnaghan pointed out that the draft opinion places great weight on the hedging proposal included in SoCalGas' amended application and argued that the hedging did not mitigate the competitive harm associated with the proposal. Enron Contact: Danielle Albano filed Tel: (415) 781-0701 03/27/97 R95-04-043 Rulemaking on the Commission's own motion into competition for local exchange service, and I95-04-044 Investigation on the Commission's own motion into competition for local exchange service. On March 24, 1997, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), forwarded a letter (attached to the notice) to Cmmrs. Conlon, Knight, Duque, Neeper, and Bilas. In the letter, Long urged the Commission not to certify Pacific Bell (PacBell) for interLATA entry until it has put in place the systems and safeguards that will ensure that competitors truly receive nondiscriminatory treatment. Long pointed out that Dr. Selwin's discussion of divestiture as an ultimate solution was useful to illustrate the inherent conflict of interest in the current regime because the incumbent local exchange carriers are in competition with the same companies to which they must open up their facilities and operating systems. Long demonstrated that, when payments from the California High Cost Fund - B are considered, PacBell and GTEC are receiving all the revenues they need to cover their direct costs of basic residential service. Long stated that the revenues that they claim are in jeopardy from competition, such as toll revenues, are not being used to support basic exchange service. TURN Contact: Jasmine Eleftherakis filed Tel: (415) 929-8876, x307 03/27/97 A96-03-031 Southern California Gas Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding, for a total reduction in annual revenues of approximately $147.9 million (5.7%). A96-04-030 San Diego Gas & Electric Company, for authority to revise its rates effective January 1, 1997, in its Biennial Cost Allocation Proceeding for an approximately $42 million decrease over presently authorized revenues. On March 24, 1997, James McTarnaghan, representing Enron Capital and Trade Resources (Enron), met with Cmmr. Neeper in San Francisco. Also present were: David Gamson, advisor to Cmmr. Neeper; and Mona Petrochko, representing Enron. Written material (attached to the notice) was used. McTarnaghan explained that Enron's primary objection to the proposed decision (PD) relates to its failure to provide unbundling of interstate pipeline demand charges for core rates on the Southern California Gas Company system. McTarnaghan indicated that the PD fails to satisfy any group insofar as it shifts costs to the non-core and, while reducing costs on the short term to the core class, does not increase access to competitive markets for the core. McTarnaghan explained that the Enron proposal addresses both of these concerns: first, by allocating a portion of the capacity stepdowns to the core, core unbundling could be provided; second, by spreading interstate transition cost surcharge to core customers able to enter the competitive market, the non-core would experience less of a cost shift than under the PD. Petrochko explained how costs would be allocated under different scenarios and demonstrated that the Enron proposal is beneficial to the core and non-core. McTarnaghan and Petrochko pointed out that this proceeding is an appropriate place to address unbundling because of the directives in D95-07-048 and the capacity stepdown issue deferred to this proceeding by D95-12-037. Enron Contact: Danielle Albano filed Tel: (415) 781-0701 03/27/97 On March 25, 1997, James McTarnaghan, representing Enron Capital and Trade Resources (Enron), met with Cmmr. Bilas in San Francisco. Also present were: Jean Vieth, advisor to Cmmr. Bilas; and Mona Petrochko, representing Enron. Written material (attached to the notice) was used. McTarnaghan explained that Enron's primary objection to the proposed decision (PD) relates to its failure to provide unbundling of interstate pipeline demand charges for core rates on the Southern California Gas Company system. McTarnaghan indicated that the PD fails to satisfy any group insofar as it shifts costs to the non-core and, while reducing costs on the short term to the core class, does not increase access to competitive markets for the core. McTarnaghan explained that the Enron proposal addresses both of these concerns: first, by allocating a portion of the capacity stepdowns to the core, core unbundling could be provided; second, by spreading interstate transition cost surcharge to core customers able to enter the competitive market, the non-core would experience less of a cost shift than under the PD. Petrochko explained how costs would be allocated under different scenarios and demonstrated that the Enron proposal is beneficial to the core and non-core. McTarnaghan and Petrochko pointed out that this proceeding is an appropriate place to address unbundling because of the directives in D95-07-048 and the capacity stepdown issue deferred to this proceeding by D95-12-037. Enron Contact: Danielle Albano filed Tel: (415) 781-0701 03/27/97 A92-10-017 San Diego Gas and Electric Co, to establish an experimental performance-based ratemaking mechanism. On March 25, 1997, Joseph DeUlloa, staff counsel for the Office of Ratepayer Advocates (ORA), met with James Hendry and John Scadding, advisors to Cmmr. Conlon, in San Francisco. DeUlloa stated that in evaluating ORA's motion to suspend the incentives, the Commission should analyze the issue from a broad perspective that takes into account the recent sea change in regulation rather than rely upon outdated policies. ORA Contact: Joseph DeUlloa filed Tel: (415) 703-1998 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