Daily Calendar California Public Utilities Commission Thursday, October 23, 1997 Page 23 Public Utilities Commission of the State of California Wesley M. Franklin, Executive Director Headquarters Southern California Office 505 Van Ness Avenue 107 So. Broadway, Room 5109 San Francisco, CA 94102 Los Angeles, CA 90012 (415) 703-2782 (213) 897-2973 Website: http://www.cpuc.ca.gov Daily Calendar Thursday, October 23, 1997 ú Regular Commission Meetings ú Notices ú Subscription Information (Daily Calendar and Agenda) ú Commissioner Office Hours ú Public Meetings and Workshops ú New Filings ú Petitions for Modification of Applications for Rehearing ú Draft Decisions/Proposed Decisions/Alternates/Arbitrator's Reports ú Advice Letter Filings ú Miscellaneous Transportation Items ú Adjournments/Resettings/Submissions ú Removals from Calendar ú New Settings ú Law and Motion Hearings ú Hearings ú Notice of Denial of Request for Ex Parte Meeting ú Notice of Ex Parte Communications REGULAR COMMISSION MEETINGS November 5, 10:00 San Francisco 1997 a.m. November 19, 10:00 San Francisco 1997 a.m. December 3, 10:00 San Francisco 1997 a.m. NOTICES Delivery of Formal Pleadings for Filing 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. Charge for Commission Documents To purchase Commission documents, there is a charge of 20 cents a printed page (postage prepaid) with a minimum purchase of $2.00. SUBSCRIPTION INFORMATION 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 centers per page) at the Commission's Central Files Office (Room 2002), 505 Van Ness Avenue, San Francisco, and in the 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; or by calling (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. COMMISSIONER OFFICE HOURS (For further information or to make an appointment, please contact, Michelle Diamonon at (707) 445-7875 for Eureka and Chico locations, and Sandra Graham at (213) 897-3544 for other locations). Date/Time Commissioner Location 10/23/97, 1-4 pm Henry M. Duque State Office Building 2550 Mariposa Mall, Room 1038 Fresno 11/20/97, 9 am - Josiah L. State Office Building 12 pm Neeper 107 S. Broadway, Room 5109 Los Angeles 12/5/97, 10 am - Henry M. Duque Veterans Affairs Building 12 pm 1227 "O" Street, Room 404 Sacramento 12/10/97, 9 am - Josiah L. State Office Building 12 pm Neeper 1350 Front Street, Room 4006 San Diego PUBLIC MEETINGS & WORKSHOPS Roundtable Seminars October 23, 1997 Engineering Building 9 am - 12 noon Planning Commission Hearing Room #17 123 E. Anapamu Santa Barbara October 24, 1997 Energy Commission Bldg 9 am- 12 noon 1516 9th Street, Hearing Room A Sacramento The Telecommunications Division of the California Public Utilities Commission (CPUC) is holding Roundtable Seminars for city and county wireless communication facilities siting planners. The CPUC has invited local wireless carriers to give technical presentations and sit on a panel to answer questions from the planners. Local jurisdiction representatives have also been invited to sit on the panel and give presentations, too. Mr. Steve Markendorff of the Federal Communication Commission's (FCC's) Wireless Telecommunications Bureau will also be on the panel, and will give a presentation on the Telecommunications Act of 1996 and how it affects local siting issues. Mr. Markendorff will also address recent FCC action on local siting moratoria. Local jurisdiction planners are invited to come to the seminar most convenient for them. Please RSVP to Ms. Nora Gatchalian, (415) 703-2124 (e-mail: nyg@cpuc.ca.gov). Pubic Meeting October 23, 1997 Pacific Gas and Electric Company 12 pm to 6 pm Energy Center and 851 Howard Street October 24, 1997 (1 block west of the Moscone 8:30 am to 3:30 pm Center) San Francisco The California Board for Energy Efficiency will meet to discuss development of the RFP for independent administrators and policy rules, the utility October 1 filings, the ALJ's October 21 milestones and implementation workshop, Board operational matters, reports from or direction to the technical consultants and Technical Advisory Committee, and other Board filings. The October 24 meeting will include a public workshop on the October 1 utility filings. The contact person is Nancy Licht of Wm. Nesbit & Associates, (707) 523-1663. Public Meeting October 24, 1997 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, 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 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting October 27, 1997 Offices of Graham & James LLP 9 am - 12 noon Third Floor Reception Area (ask for M. Mattes) 1 Maritime Plaza (Clay Street at Front Street) San Francisco The California High Cost Fund A Trust Administrative Committee, and the Interim Administrative Committee for the California High Cost Fund B and the California Teleconnect Fund will hold their next meeting together to discuss the transfer of CHCF-A administrative responsibilities from Pacific Bell to the Commission staff. The contact person for this meeting is Jean Boettger at (415) 542-1949. Public Meeting October 30, 1997 Pacific Gas & Electricity Energy 9:30 am - 4 pm Center 851 Howard Street (1 block west of the Moscone Center) San Francisco The California Board for Energy Efficiency will hold a public workshop to receive comments on the first draft of the Board's RFP for independent administrators and the Technical Advisory Committee will meet to discuss the RFP, utility 1998 program plans, standard performance contracts, DSM policy rules, TAC operational issues, and other transition issues. The contact person is Beverly Coleman at (415) 564-3082. Public Meeting October 30, 1997 PG&E Energy Center 1 pm - 6 pm 851 Howard Street and (1 block west of the Moscone October 31, 1997 Center) 8 am - 2 pm San Francisco The California Board for Energy Efficiency will meet to discuss development of the RFP for independent administrators and governing rules, the utility 1998 program plans and associated reports to the ALJ, transition milestones, utility pre-1998 commitments, Board operational matters, reports from or direction to the technical consultants and Technical Advisory Committee, and other Board filings. The contact person is Nancy Licht of Wm Nesbit & Associates (707) 523- 1663. Public Meeting November 3, 1997 Westin Hotel (LAX) 9 am- 5 pm 5400 West Century Boulevard Los Angeles The Administrative Committee of the Electric Education Trust (EET) will hold a public meeting to conduct business related to establishing the trust and realizing its mission. The agenda includes, among other things, the possible introduction of new members, election of officers, various standing reports, consideration of comments on the October 15 start-up filing, presentations by representatives of the Consumer Education Plan, consideration of education and outreach activities, approval of a request for proposal (RFP) for trust administrators and consultants, and various administrative matters. The contact person is William R. Schulte at (415) 703-2349. Roundtable Workshop November 3 , 1997 Northwestern Pacific Railroad 10 am - 1 pm State Building, Room 410 50 "D" Street Santa Rosa The purpose of this workshop is to identify ways in which the railroad can solve its safety, financial and operational problems. Senator Mike Thompson will participate. The meeting will be an interchange of views among state and regional officials regarding railroad issues. Time will be reserved at the end of the workshop to allow the public to comment on the railroad issues. Public Meeting November 4, 1997 Westin Hotel (LAX) 9 am- 5 pm 5400 West Century Boulevard Los Angeles The Administrative Committee of the Electric Education Trust (EET) will hold a public meeting to conduct business related to establishing the trust and realizing its mission. The agenda includes, among other things, the consideration of comments on the October 15 start-up filing, presentations by representatives of the Consumer Education Plan, consideration of education and outreach activities, approval of a request for proposal (RFP) for trust administrators and consultants, and various administrative matters. The contact person is William R. Schulte at (415) 703-2349. Public Meeting November 4, 1997 Deaf and Disabled (Election Day) Telecommunications Program 10 am - 4 pm 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The Administrative Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting November 5, 1997 Deaf and Disabled 9 am - 3 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The Administrative Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting November 6, 1997 Pacific Gas and Electric Company 10 am - 5pm Energy Center 851 Howard Street (1 block west of the Moscone With a Working Lunch Center) (A brief break will be San Francisco called prior to lunch) To join via teleconference, dial (415) 904-2864; Passcode 6687053 # November 7, 1997 Pacific Gas and Electric Company 10 am - 4 pm Energy Center 851 Howard Street (1 block west of the Moscone With a Working Lunch Center) (A brief break will be San Francisco called prior to lunch) To join via teleconference, dial (303) 633-1880; Passcode 1505225 # The Low Income Governing Board will meet to discuss the following agenda items: Chairperson's report, review meeting minutes, discuss legal issues, address budget planning/financial status, update on the advisory committee, update on the RFP for Technical Consultants, address policy planning issues on critical path, and develop agenda for next Board meeting. These meetings are open to the public. You can get the materials for this meeting from the LIGB website at www.ligb.org. Amy Hopper is the contact person at (510) 251-2888, extension 2015. Member of the Public: If you would like to purchase a box lunch ($10) please call Amy Hopper no later than November 3, 1997. Public Meeting November 13, 1997 Deaf and Disabled 9:30 am - 3:30 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, 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 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting November 14 1997 California Public Utilities 9 am - 5 pm Commission 505 Van Ness Avenue, Room 5305 San Francisco The Administrative Committee of the Electric Education Trust (EET) will hold a public meeting to conduct business related to establishing the trust and realizing its mission. The agenda includes, among other things, presentations by representatives of the Consumer Education Plan, consideration of education and outreach activities, results of a request for proposal (RFP) for trust administrators and consultants, and various administrative matters. The contact person is William R. Schulte at (415) 703-2349. Public Meeting November 17, 1997 California Public Utilities 1:30 pm - 4:00 pm Commission 505 Van Ness Avenue Room 3204 San Francisco The Administrative Committee of the Universal Lifeline Telephone Service Trust will hold its regular monthly meeting. This meeting can be accessed via teleconference call; however, please provide a 10-day notification prior to the meeting. For a copy of the agenda or more information, contact Terry Wilson-Gray at (510) 452-2757. Public Meeting December 1, 1997 Deaf and Disabled 1 pm - 5 pm Telecommunications Program San Francisco Marriott Hotel 55 Fourth Street (ROOM TO BE ANNOUNCED San Francisco 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 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting December 2, 1997 Deaf and Disabled 9 am - 12 noon Telecommunications Program San Francisco Marriott Hotel 55 Fourth Street (ROOM TO BE ANNOUNCED) San Francisco 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 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. [Call DDTP to obtain directions to CSPP/San Diego] Public Meetin g December 2, 1997 Deaf and Disabled 12 noon - 1 pm Telecommunications Program San Francisco Marriott Hotel 55 Fourth Street (ROOM TO BE ANNOUNCED San Francisco The Deaf and Disabled Telecommunications Program will hold its annual luncheon. The public may participate. For more information about the annual luncheon, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting December 2, 1997 Deaf and Disabled 1 pm - 4 pm Telecommunications Program San Francisco Marriott Hotel 55 Fourth Street (ROOM TO BE ANNOUNCED San Francisco The Deaf and Disabled Telecommunications Program will hold its annual joint meeting. For more information about the annual joint meeting, please contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting December 3, 1997 Deaf and Disabled 10 am - 4 pm Telecommunications Program San Francisco Marriott Hotel 55 Fourth Street (ROOM TO BE ANNOUNCED San Francisco 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 Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting December 4, 1997 Double Tree Club Hotel 9 am - 5 pm (Orane County Airport) 7 Hutton Center Drive Santa Ana The Administrative Committee of the Electric Education Trust (EET) will hold a public meeting to conduct business related to establishing the trust and realizing its mission. The agenda includes, among other things, presentations by representatives of the Consumer Education Plan, consideration of education and outreach activities with community-based organizations, results of a request for proposal (RFP) for trust administrators and consultants, and various administrative matters. The contact person is William R. Schulte at (415) 703-2349. Public Meeting December 5, 1997 Double Tree Club Hotel 9 am - 5 pm (Orane County Airport) 7 Hutton Center Drive Santa Ana The Administrative Committee of the Electric Education Trust (EET) will hold a public meeting to conduct business related to establishing the trust and realizing its mission. The agenda includes, among other things, presentations by representatives of the Consumer Education Plan, consideration of education and outreach activities with community-based organizations, results of a request for proposal (RFP) for trust administrators and consultants, and various administrative matters. The contact person is William R. Schulte at (415) 703-2349. Public Meeting December 15, 1997 California Public Utilities 9 am - 5 pm Commission 505 Van Ness Avenue San Francisco The Administrative Committee of the Electric Education Trust (EET) will hold a public meeting to conduct business related to establishing the trust and realizing its mission. The agenda includes, among other things, presentations by representatives of the Consumer Education Plan, consideration of education and outreach activities with community-based organizations, results of a request for proposal (RFP) for trust administrators and consultants, and various administrative matters. The contact person is William R. Schulte at (415) 703-2349. Public Meeting December 16, 1997 California Public Utilities 9 am - 5 pm Commission 505 Van Ness Avenue San Francisco The Administrative Committee of the Electric Education Trust (EET) will hold a public meeting to conduct business related to establishing the trust and realizing its mission. The agenda includes, among other things, presentations by representatives of the Consumer Education Plan, consideration of education and outreach activities with community-based organizations, results of a request for proposal (RFP) for trust administrators and consultants, and various administrative matters. The contact person is William R. Schulte at (415) 703-2349. Public Meeting December 17, 1997 California Public Utilities 1:30 pm - 4:00 pm Commission 505 Van Ness Avenue Room 3204 San Francisco The Administrative Committee of the Universal Lifeline Telephone Service Trust will hold its regular monthly meeting. This meeting can be accessed via teleconference call; however, please provide a 10-day notification prior to the meeting. For a copy of the agenda or more information, contact Terry Wilson-Gray at (510) 452-2757. Public Meeting December 19, 1997 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, 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 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. NEW FILINGS 10/16/97 A97-10- City of Bakersfield, for an order 046 authorizing construction of a pedestrian crossing at separated grades between "N" Street and the tracks of the Burlington Northern and Santa Fe Railway, sometimes referred to as the "N Street pedestrian overhead" 10/20/97 A97-10- Family Telecommunications 047 Incorporated, to transfer its certificate of public convenience and necessity and change its name to Utah I-Link Communications, Inc., a wholly owned subsidiary of Medcross, Inc. 10/22/97 R97-10- Commission Order Instituting 048 Rulemaking, on the Commission's own motion to set rules and to provide guidelines for the acquisition and mergers of water companies 10/22/97 R97-10- Commission Order Instituting 049 Rulemaking, on the Commission's own motion to set rules and to provide guidelines for the Privatization and Excess Capacity as it relates to investor owned water companies. 10/22/97 R97-10- Commission Order Instituting 050 Rulemaking, on the Commission's own motion into the regulation of containerized shipments of used household goods and personal effects transported to and from self-service storage facilities PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * ARBITRATOR'S REPORTS 10/22/97 A96-02-030 Application of CATALINA EXPLORER CO., Inc. for a certificate of public convenience and necessity to operate as a vessel common carrier between Dana Point, California and Avalon, California; and A96-04-013 In the Matter of the Application of ISLAND NAVIGATION COMPANY, INC., a California corporation doing business as CATALINA ISLAND WATER TRANSPORTATION CO., (VCC-43) 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; Alternate order of Commissioners Knight and Bilas ADVICE LETTER FILLINGS NONE MISCELLANEOUS TRANSPORTATION ITEMS October 23, 1997 Filings with Safety and Enforcement 10/20/97 TCP-11431- UA Tours, Inc., 7 N. Fourth Street, B Alhambra, CA 91801, Tel. No. (626) 289-6888, application for new TCP Class B Certificate TCP-11432- USA Coach Lines, Inc., 19517 Empty B Saddle Road, Walnut, CA 91731, Tel. No. (626) 281-7600, terminal address: 4600 Santa Anita Avenue, El Monte, CA 91731, application for new TCP Class B Certificate 10/21/97 TCP-11435- Jung Wong, dba Sunset Express Tour, B 2321 W. Norwood Place, Alhambra, CA 91803, Tel. No. (626) 588-2738, application for new TCP Class B Certificate ADJOURNMENTS * RESETTINGS * SUBMISSIONS A97-09- Mattson-Cox California Telecom, Inc., 012 arbitration with GTE California Incorporated, Conference held and continued to Arbitration Hearing , 1 pm, October 23, San Francisco A97-03- Walwyn-Pacific Bell, subsidy support, 004 Evidentiary Hearing held and continued to 9 am, October 23, San Francisco A97-08- Garde-California Wetern Railroad, 007 Inc., to modify schedules, Public Participation hearing held and continued to 6 pm, October 23, Fort Bragg (PHC) for 5 pm, October 23, Fort Bragg C96-12- Bushey-U.S. Long Distance, nc. Vs. 043 Pacific Bell, hearing set for October 30, reset for 10 am, October 31, San Francisco REMOVALS FROM CALENDAR C97-08- Barnett-Howard Golden vs. Southern 068 California Edison Company, hearing set for November 10, removed from calendar NEW SETTINGS 11/13/97 5:00 pm (PHC)-Ambler Park Water Utility and ALJ Garde A97-07- California -American Water Company, Comr Conlon 058 for an order authorizing Ambler Park Water Utility to sell and California- American Water Company to acquire the water utility assets of Ambler Park Water Utility Church of Good Shepherd, 301 Corral de Tierra, Salinas (PPH) for 6:00 pm, Church of Good Shepherd, 301 Corral de Tierra, Salinas 11/14/97 10:00 am (ECP)-Jesus G. Gumban vs. Pacific ALJ Bennett C97-10- Bell, for billing on a dropped or Comr Knight 038 canceled service, Commission Courtroom, San Francisco 11/25/97 10:00 am (EH)-Commission Order Instituting ALJ I97-04- Investigation into the Commission's Henderson 013 own motion into whether the Bidwell Comr Neeper Water Company and its owners, Thomas and Vicky Jernigan, misused its Safe Drinking Water Bond Act surcharge and revenues and have violated the rules, orders, and decisions of the Commission, Department of Transportation Legal Department, Room 1450, 1120 N Street, Sacramento LAW AND MOTION 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 (415) 703-1713 or from Central Files (415) 703-2045. 10/28/97 9:30 am NONE SCHEDULED 11/4/97 9:30 am NONE SCHEDULE 11/11/97 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 (FPH) = Full Panel Hearing Hearing (IAM) = Initial Arbitration (AH) = Arbitration Meeting Hearing (M) = Mediation 10/23/97 9:00 am (EH)-Pacific Bell, for approval of ALJ Walwyn A97-03- rate reductions to offset the Comr 004 explicit subsidy support ordered in Knight D.96-10-066, Commission Courtroom, San Francisco (also October 24 and 28 (EH)9 am to 12 am, (OA)1 pm, San Francisco) 10/23/97 9:00 am (EH)-County of Fresno vs. Pacific ALJ C97-07- Bell (Code Administrator and Code Pulsifer 020 Relief Coordinator for California), Comr for failure to minimize the impact to Conlon existing customers in the existing NPA, and for failure to ensure for an equitable impact on all existing and potential code holders, Council Chambers, City Hall, 2600 Fresno Street, Fresno (also October 24, Fresno) 10/23/97 10:00 am (EH)-Pacific Enterprises, Enova ALJ A96-10- Corporation, Mineral Energy Company, Barnett 038 B Mineral Energy Sub, and G Mineral Comr Sub, for approval of a plan of merger Neeper of Pacific Enterprises and Enova Comr Duque 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 October 31, San Francisco 10/23/97 10:00 am (PHC)-Commission Investigation into ALJ Ramsey I91-08- the adequacy of facilities equipment, Comr 029 etc., of Southern Pacific Conlon Transportation Company, in connection with the transportation of hazardous materials by rail, Commission Courtroom, San Francisco 10/23/97 1:00 pm (AH)-Cox California Telecom, Inc., ALJ A97-09- for arbitration of interconnection Mattson 012 rates, terms, conditions, and related Comr Bilas arrangements with GTE California Incorporated, Commission Courtroom, San Francisco 10/23/97 5:00 pm (PHC)-California Western Railroad, ALJ Garde A97-08- Inc., to modify scheduled commuter Comr 007 passenger service and obtain relief Conlon from excursion passenger service schedule and fare regulation, Town Hall, City of Fort Bragg, 363 North Main Street, Fort Bragg; (PPH) for 6 pm, October 23, 363 North Main Street, Fort Bragg 10/24/97 10:00 am (PHC)-Florsheim Bros. vs. Pacific Gas ALJ C96-05- and Electric Company, for excessive Patrick 049 charges in connection with the Comr electric portion of trenching and Neeper related costs and fees, all of which ere non-refundable, in both Golf Course Terrace#9 10/24/97 2:00 pm (ECP)-Judy Lam vs. Southern ALJ C97-07- California Edison Company, for Barnett 059 overbilling of $2,897.24, Comr Duque Costa Mesa Library, 1855 Park Avenue, Costa Mesa 10/27/97 9:00 am (EH)-Commission Order Instituting ALJ I97-04- Investigation into the operations and Bennett 045 practices of Brittan Communications Comr International, Inc., to determine Neeper whether the entity unlawfully switched subscribers' primary interexchange carrier without the subscriber's authorization in violation of Public Utilities Code Section 2889.5, Commission Courtroom, San Francisco (also October 28-31, San Francisco) 10/29/97 1:30 pm (PHC)-Commission Order Instituting ALJ Reed R93-04- Rulemaking on Commission's own motion Comr Duque 003 to govern open access to bottleneck services and establish a framework for network architecture development of dominant carrier networks, and I93-04- (PHC)-Commission Order Instituting 004 Investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks, Commission Courtroom, San Francisco 10/29/97 7:00 pm (PHC)-Roger Collin, Georgia Collin, ALJ Walker C96-10- and Charles Acker vs. Pacific Bell, ComrDuque 004 for improper rates and toll charges, Greenwood Community Church, 5921 South Highway 1, Elk 10/31/97 10:00 am (PHC)-U.S. Long Distance, Inc. vs. ALJ Bushey C96-12- Pacific Bell, for losses in excess of Comr 043 $100,000 due to defendants improper Knight administration of billing and collection services edit called "scan and reject edit," Commission Courtroom, San Francisco 11/3/97 10:00 am (EH)-San Diego Gas & Electric ALJ A97-05- Company, for authority to increase Gottstein 002 its gas and electric revenue Comr requirements to reflect its Neeper accomplishments for demand-side management program years 1994, 1995, A97-05- and 1996, in the 1997 annual earnings 004 assessment proceeding, and (EH)-Southern California Edison Company, for approval of demand-side management shareholder incentives for 1996 program year accomplishments and A97-05- the second installment of shareholder 005 incentives for the 1994 and 1995 program years, and (EH)-Pacific Gas and Electric Company, for approval of demand-side management shareholder incentives for A97-05- 1996 program year accomplishments and 026 second claim for incentives for 1995 and some 1994 program year accomplishments, and (EH)-Southern California Gas Company, for authority to increase its gas revenue requirements to reflect its accomplishment for demand-side management program years 1994, 1995, and 1996 in the 1997 annual earnings assessment proceeding, Commission Courtroom, San Francisco (also November 4-6, and 12-13, San Francisco) 11/3/97 10:00 am (EH)-Gloria Jean Smith vs. Pacific ALJ C97-06- Gas and Electric Company, for non- Ryerson 005 compliance with its originally Comr Bilas estimated costs of installation of services, Board of Supervisors Chambers for El Dorado County, 330 Fair Lane, Placerville 11/3/97 10:00 am (PHC-EH)-Mark Lee Brand, dba A Dream ALJ A94-11- Limousine Service, for authority to Stalder 047 operate as a charter-party carrier, Comr Commission Courtroom, San Francisco Conlon (also November 4, San Francisco) 11/3/97 1:00 pm (PHC)-California-American Water ALJ Kotz A97-03- Company, for a certificate that the Comr Duque 052 present and future public convenience and necessity requires applicant to construct and operate the 24,000 acre- foot Carmel River Dam and Reservoir in the Monterey Division and to recover all present and future costs in connection therewith in rates, The Los Angeles Room, Monterey Marriott, 350 Calle Principal, Monterey 11/4/97 10:00 am (PHC)-Commission Order Instituting ALJ Bushey I97-04- Investigation into the operations and Comr 044 practices of L.D. Services, doing Neeper business as Long Distance Service, to determine whether the entity unlawfully switched subscribers' primary interexchange carrier without the subscriber's authorization in violation of Public Utilities Code Section 2889.5, Commission Courtroom, San Francisco 11/6/97 10:00 am (PHC)-Rulemaking on the Commission's ALJ R95-04- own motion into competition for local Pulsifer 043 exchange service, and Comr I95-04- (PHC)-Investigation on the Conlon 044 Commission's own motion into competition for local exchange service, Commission Courtroom, San Francisco 11/6/97 10:00 am (PHC)-Rulemaking on the Commission ALJ R95-04- s own motion into competition for Pulsifer 043 local exchange service, and Comr (PHC)-Investigation on the Conlon I95-04- Commission's own motion into 044 competition for local exchange service, Commission Courtroom, San Francisco 11/7/97 9:30 am (ECP)-Barry Harman vs. Pacific Bell, ALJ C97-06- for failure to transfer service and Barnett 035 overbilling, and Comr C97-04- (ECP)-Barry Harman vs. Pacific Bell Knight 059 for violation of tariff regulation, incorrect billing, and wrongful disconnection of services, Commission Courtroom, Los Angeles 11/7/97 10:00 am (PHC)-California Water Service ALJ A97-01- Company, for an order adopting Rosenthal 038 certain language for use in Rule 15 Comr Duque main extension contracts, Commission Courtroom, San Francisco 11/7/97 10:30 am (ECP)-Pius X-St. Matthias High School ALJ C97-09- vs. GTE California Inc., for the full Barnett 057 $2,000 education credit, Commission Courtroom, Los Angeles 11/12/97 9:30 am (EH)-Unocal California Pipeline ALJ A97-04- Company, to sell and Tosco Econome 005 Corporation to acquire public utility Comr Bilas assets pursuant to Section 851 of the Public Utilities Code and to transfer control of a public utility pursuant A97-06- to Section 854 of the Public 016 Utilities Code, and (EH)-Unocal California Pipeline Company, for authority to remove facilities from common carrier services, Commission Courtroom, San Francisco (also November 13, San Francisco) 11/12/97 10:00 am (EH)-Commission Order Instituting ALJ Reed R93-04- Rulemaking on the Commission's own Comr Duque 003 motion to govern open access to bottleneck services and establish a framework for network architecture development of dominant carrier I93-04- networks, and 002 (EH)-Commission Order Instituting Investigation on the Commission's own motion into open access and network architecture development of dominant carrier architecture development of dominant carrier networks, Commission Courtroom, San Francisco (also November 13 and 14, 17-21, 24- 26, and December 1-5, San Francisco) 11/13/97 5:00 pm (PHC)-Ambler Park Water Utility and ALJ Garde A97-07- California -American Water Company, Comr 058 for an order authorizing Ambler Park Conlon Water Utility to sell and California- American Water Company to acquire the water utility assets of Ambler Park Water Utility Church of Good Shepherd, 301 Corral de Tierra, Salinas (PPH) for 6:00 pm, Church of Good Shepherd, 301 Corral de Tierra, Salinas 11/14/97 10:00 am (ECP)-Jesus G. Gumban vs. Pacific ALJ C97-10- Bell, for billing on a dropped or Bennett 038 canceled service, Comr Commission Courtroom, San Francisco Knight 11/18/97 10:00 am (EH)-San Jose Water Company, for ALJ A95-08- authority to increase rates by Stalder 038 $3,867,000 or 4.16% in 1995; Comr $4,348,000 or 4.43% in 1996; and Conlon $1,713,000 or 1.67% in 1997, in Los Gatos, Saratoga, Monte Sereno, Campbell, portions of San Jose, Cupertino and Santa Clara, and in territory within the County of Santa Clara surrounding and adjacent in these municipalities, Commission Courtroom, San Francisco (also November 19, San Francisco) 11/19/97 9:30 am (PHC)-San Diego Metropolitan Transit ALJ Garde A97-01- Development Board (MTDB) and City of Comr 029 San Diego (city), for authority to Neeper construct an at-grade crossing of two light-rail transit tracks and two freight intercity/commuter rail tracks at Vine Street in the City of San Diego, San Diego County, State Office Building, Office of Administrative Hearings, Room 6022, 1350 Front Street, San Diego 11/20/97 11:00 am (EH)-Commission Order Instituting ALJ Garde I96-04- Investigation into the operations and Comr 022 practices of Marco C. Araiza, dba Conlon Araiza Express, for allegedly operating as a contract permit carrier without liability insurance, San Bernardino Field Office of the California Public Utilities Commission, 255 North D Street, Suite 310, San Bernardino 11/20/97 1:00 pm (OA)-Commission Order Instituting ALJ Bushey I97-09- Investigation into the operations, Comr Bilas 001 practices, and conduct of National Telephone and Communications, Inc., to determine whether it has violated the laws, rules, and regulations governing the manner in which California consumers are switched from one long distance carrier to another, Commission Courtroom, San Francisco 11/25/97 10:00 am (EH)-Commission Order Instituting ALJ I97-04- Investigation into the Commission's Henderson 013 own motion into whether the Bidwell Comr Water Company and its owners, Thomas Neeper and Vicky Jernigan, misused its Safe Drinking Water Bond Act surcharge and revenues and have violated the rules, orders, and decisions of the Commission, Department of Transportation Legal Department, Room 1450, 1120 N Street, Sacramento (also November 26, Sacramento) 12/8/97 9:30 am (EH)-Castlerock Estates Inc., Bruce ALJ Weiss C92-04- B. Breiholz vs. Toro Water Service, Comr 034 Inc., California Utilities Service, Conlon Inc., and Robert T. Adcock, for refunds of taxes and contributions for plant and facilities made in 1988, Commission Courtroom, San Francisco 12/17/97 10:00 am (EH)-Pacific gas and Electric ALJ A97-07- Company, to sell and Modesto Malcolm 030 Irrigation District to acquire Comr electric distribution and Conlon transmission facilities serving the Cities of Ripon, Escalon, Riverbank, Oakdale, and surrounding rural areas, Commission Courtroom, San Francisco (December 18 and 19, San Francisco) 1/12/98 10:00 am (EH)-ARCO Products Company, Mobil Oil ALJ C97-04- Corporation, Texaco Refining and Careaga 025 Marketing Inc. vs. SFPP, L.P., for Comr Duque violation of Section 451 of the Public Utilities Code by charging rates that are not just and reasonable for the intrastate transportation of refined petroleum products, Commission Courtroom, San Francisco 1/22/98 1:30 pm (PHC)-Pacific gas and Electric ALJ A97-03- Company, for authority to revise its Econome 002 gas rates and tariffs to be effective Comr Bilas 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 (EH), for 10 am, January 26, San Francisco (also January 27-30 and February 2-6, San Francisco), 2/9/98 10:00 am The City of Vernon vs. The Atchison, ALJ C96-01- Topeka and Santa Fe Railway, for non- Careaga 019 compliance with zoning, Comr Commission Courtroom, San Francisco Neeper 3/30/98 10:00 am (EH)-Southern California Gas Company, ALJ A97-03- for approval of a long-term gas Patrick 015 transmission service contract with Comr Bilas Distribudora de Gas Natural de Mexicali, s. de R.L. de C.V., Commission Courtroom, San Francisco (also March 31, and April 1-3, San Francisco) 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, Room 2002, San Francisco; telephone (415) 703-2045. Copies of tendered notices are available in the Central Files Office 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 Files Office 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. 10/21/97 C97-07-020 County of Fresno vs. Pacific Bell (Code Administrator and Code Relief Coordinator for California), for failure to minimize the impact to existing customers in the existing NPA; and for failure to ensure for an equitable impact on all existing and potential code holders. Summary: On October 17, 1997, Catherine E. Basham, Deputy County Counsel with the County of Fresno, contacted Administrative Law Judge Pulsifer in San Francisco. Basham requested a clarification of the ALJ's ruling issued October 15, 1997, with regard to the permissibility of filing a brief addressing the evidence provided by the parties as to non- Medic Alert issues. Filer: County of Fresno Contact: Fresno Co. Clerk to Phone: 1 (800) 742-1011 the Board 10/21/97 A97-04-039 San Diego Gas & Electric Company, for an order under Section 701 of the Public Utilities Code granting San Diego Gas & Electric Company permission to use financial energy commodity derivative transactions. Summary: On October 16, 1997, Lisa Hubbard, State Regulatory Affairs Director for San Diego Gas and Electric Company (SDG&E), met with Cmmr. Duque, in San Francisco. Also present were: Michelle Cooke, advisor to Cmmr. Duque; Beth Bowman, Manager, Fuels & Power Supply for SDG&E, and other parties as listed in the attached sign-up sheet.. Materials (attached to notice), consisting of an outline of SDG&E's position, a letter from William Reed to Doug Long, an outline of key issues pertaining to the proposed decision, selected portions of the proposed decision, and a sign-up sheet containing the names of the attendees. Hubbard stated that the opinion written by the Energy Division denied SDG&E's request in this proceeding, despite numerous meetings that had taken place with the Energy Division staff to try to alleviate their concerns. Hubbard stated that Cmmr. Neeper was sponsoring an alternate opinion, which approves SDG&E's request subject to conditions, some of which had been discussed with Energy Division staff during previous meetings. Hubbard, referencing the attached handout, stated that AB1890 demonstrated a state policy that should allow the utilities to use these financial instruments. Hubbard stated that the concern over market power issues were unfounded as SDG&E has very little generation and no incentive to "game" the PX price as raising the PX price would only serve to extend the recovery of stranded costs. Hubbard lastly stated that SDG&E had agreed to an 80/20 ratepayer/shareholder sharing of risks and benefits, rather than SDG&E's original proposal of 100% to ratepayers, in order to address cost control concerns; in addition, SDG&E agreed to yearly temporal limits and that no derivative transactions would be entered into which would extend beyond 3/31/02. Bowman stated that SDG&E is concerned about the restriction that the company only enter into transactions with companies whose credit rating is equal to or above that of SDG&E. Bowman added that SDG&E is concerned about the restriction would eliminate SDG&E's ability to enter into transactions with firms such as Enron, Natural Gas Clearinghouse, El Paso Natural Gas, and a number of other established market participants. Bowman added that the alternate opinion limits derivative transactions to those traded on exchanges regulated by the Commodity Futures Trading Commission. Bowman stated that SDG&E needs to be able to edge gas prices at San Juan or the California border and electric prices at the Power Exchange as well. Filer: San Diego Gas & Electric Co. E-Mail: etotah@sdge.com Contact: Elizabeth M. Totah Phone: (415) 346-1385 10/21/97 A97-10-030 WorldCom, Inc. and Brooks Fiber Properties, Inc., for approval of agreement and plan of merger. Summary: On October 20, 1997, Mary Wand, counsel for Brooks Fiber Properties, Inc. (Brooks), met with Cmmr. Bilas, in San Francisco. Also present was Lester Wong, advisor to Cmmr. Bilas; and Kath Thomas, Director of Regulatory and Government Affairs-Western Region, for Brooks. Thomas distributed a copy of the Joint Application for Approval of Agreement and Plan of Merger of WorldCom, Inc. and Brooks Fiber Properties, Inc., along with the Motion to Shorten Time and Proposed ALJ's Ruling, all on file in A.97-10-030. Thomas also distributed a newspaper article and a press release (both of which are attached to the notice) announcing the merger. Wand explained the transaction to Cmmr. Bilas and Wong and described how it will benefit California ratepayers as well as competition for telecommunication services in California. Wand stated that the Commission should approve the application. Filer: Brooks Fiber Contact: Mary Combs Phone: (415) 268-7607 Summary: On October 20, 1997, Mary Wand, counsel for Brooks Fiber Properties, Inc. (Brooks), met with Cmmr. Knight, in San Francisco. Also present was Bob Lane, advisor to Cmmr. Knight; and Kath Thomas, Director of Regulatory and Government Affairs-Western Region, for Brooks. Thomas distributed a copy of the Joint Application for Approval of Agreement and Plan of Merger of WorldCom, Inc. and Brooks Fiber Properties, Inc., along with the Motion to Shorten Time and Proposed ALJ's Ruling, all on file in A.97-10-030. Thomas also distributed a newspaper article and a press release (both of which are attached to the notice) announcing the merger. Wand explained the transaction to Cmmr. Knight and Lane and described how it will benefit California ratepayers as well as competition for telecommunication services in California. Wand stated that the Commission should approve the application by 11/30/97. Filer: Brooks Fiber Contact: Mary Combs Phone: (415) 268-7607 10/21/97 A96-02-030 Catalina Explorer Co., Inc, to operate a vessel common carrier between Dana Point, California and Avalon, California, A96-04-013 Island Navigation Company, Inc., 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. Summary: On October 16, 1997, William Bagley, attorney for Island Navigation Company, Inc. (Island Navigation), sent a letter with an attachment (both of which are attached to notice) to Cmmrs. Knight and Neeper. The letter's attachment set forth the application filing date, the hearing dates, the proposed decision date, and the agenda dates the PD was scheduled to be voted on but instead was held: a total of 553 days from application filing date to the present. The attachment contrasted those dates with the dates of other applications of Catalina carriers who have had their applications processed in approximately 100 days. The letter stated that Island Navigation needs relief from this situation and an explanation of why it has taken so long to process its application. Filer: Island Navigation Contact: Jose E. Guzman, Jr. Phone: (415) 398-3600 10/21/97 A96-07-001 Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison Company, for approval of a loan guarantee and trust mechanism to fund expenditures up to the amount of $250 million for development and implementation of an independent system operator (ISO) and a power exchange (PX) by January 1, 1998. Summary: On October 16, 1997, Sabrina Miller, Senior Regulatory Representative, Pacific Gas and Electric Company (PG&E), met with Bob Lane, advisor to Cmmr. Knight, in San Francisco. Also present were: Dorothy Duda, advisor to Cmmr. Knight; Dennis , CEO, California Power Exchange (PX); S. Donley Ritchey, Chairman, PX Governing Board; Sandra McDonald, Vise President of Public Finance, JP Morgan; Bruce Foster, Vice President, Regulatory Affairs, Southern California Edison (SCE); Lee Shavrein, Director, Regulatory Affairs, San Diego Gas and Electric Company (SDG&E); Barney Speckman, Manger, Utility Energy Supply, PG&E; Kermit Kubitz, attorney, PG&E; and Les Guliasi, Manager, Regulatory Relations, PG&E. Materials (attached to notice), consisting of a handout titled "Financing Information Regarding the California Power Exchange Corporation" were used. McDonald stated that the total projected development costs for the PX is now $85 million. McDonald stated that lending issues exist for the PX due to the lack of access to equity capital and to the uncertainty of volume from PX participants in future years. Loughridge stated that the PX needs: 1) additional funding before the end of 1997 in order to perform the necessary start-up functions by January 1, 1998; 2) the loan provided for under the Trust Agreement to be extended by $26 million for the PX; and 3) the proposed rate design, which is based on an up-front payment of the loan extension, approved by the Federal Energy Regulatory Commission (FERC). Ritchey stated that the PX views its primary goal as satisfying customers and recognizes that the PX must earn its place in the marketplace to become the provider of choice. Ritchey added that in order to meet its mandated role and serve its customers, the PX must get started in the fist place. The Utilities stated that the PX is rewired to deal with such regulatory functions as over-generation protocols and must-take contracts, as well as abide by tariffs and rules ordered by the FERC. The Utilities stated that they will seek to recover the PX and ISO implementation costs, and that such treatment will be requested under a petition for modification of decisions D96-08-038 and D96-10- 044. Filer: PG&E Contact: Heidi Holzhauer Phone: (415) 972-5611 10/21/97 A96-11-047 Southern California Edison Company, for section 376 treatment of transmission facility upgrades. Summary: On October 17, 1997, Steve Linsey, Assistant Project Manager for Electric Restructuring, Office of Ratepayer Advocates (ORA), met with Cmmr. Knight, in San Francisco. Also present were: Bob Lane, advisor to Cmmr. Knight; John Scadding, advisor to Cmmr. Conlon; Julie Halligan, advisor to Cmmr. Bilas; David Rubin, for Pacific Gas & Electric Company' Bill Booth, attorney for the California Large Energy Consumers Association (CLECA); Barbara Barkovich, consultant for CLECA; Evelyn Elsesser, attorney for the Energy Producer and Users Coalition and the California Association of Cogenerators; Mike Day, attorney for ENRON; Sue Mara, Director for Enron; Mike Hoover, regulatory representative for Southern California Edison (SCE); Bruce Foster, regulatory representative for SCE; Bruce Williams, attorney for San Diego Gas and Electric Company (SDG&E); Lisa Hubbard, regulatory representative for SDG&E; John Hathaway for Environmental Science Associates; Karen Lindh for the California Manufacturers Association; Bob Finkelstein, attorney for The Utility Reform Network; Karen Mills, attorney for the California Farm Bureau Federation; Cliff Rochlin, for Southern California Gas Company (SoCal); and Claudine Swartz for SoCal. Linsey stated that if the application were withdrawn or taken off the agenda, the Commission would and could provide separate guidance that Section 376 issues would be addressed in Phase 3 of the Competition Transition Charge (CTC) proceeding. Linsey further indicated that Section 376 included very important language that limited recovery under that statutory provision to the extent that recovery of generation-related costs (also known as headroom) was impaired. Linsey explained the implications of the "to the extent" language, which are as follows: 1) If there is not a credible way to determine the impact on headroom, Section 376 recovery should not be allowed, and 2) If the transmission investments are good investments, the decrease in generation costs should more than offset the increase in generation costs, hence, Edison's ability to recover its generation-related costs would not be impaired, but would be enhanced. Filer: ORA Contact: Irene Spiropoulos Phone: (415) 703-4943 10/22/97 C97-09-041 Cox California Telcom, Inc. vs. GTE California, Inc., for wrongful reprogramming of tandem switches for the purpose of preventing telephone calls originating in GTE California, Inc.'s territory from being completed in accordance with the Local Exchange Routing Guide, 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. Summary: On October 17, 1997, Richard Smith, Director of Regulatory Affairs for Cox California Telcom, Inc. (Cox), met with Jose Jimenez, adv. to Cmmr. Conlon, in San Francisco. Lester Wong, adv. to Cmmr. Bilas was also present. Smith informed that Cox and GTE of California have agreed to a settlement, and Cox has withdrawn its complaint. Smith stated that, contrary to assertions made by certain interested parties, both GTEC and Pacific Bell are being compensated for the completion of all traffic between Cox and GTEC territories. Smith noted that the Pacific Bell/GTEC Interconnection Agreement contains provisions requiring the blocking of third-party traffic under certain circumstances. Smith provided a copy of the settlement agreement, transcript excerpts and a portion of Pacific Bell/GTEC Interconnection Agreement (attached). Filer: Cox California Telcom, Inc. Contact: La Tanya Linzie Phone: (510) 923-6220 Summary: On October 17, 1997, Richard Smith, Director of Regulatory Affairs for Cox California Telcom, Inc. (Cox), met with Tim Sullivan, adv. to Cmmr. Duque, in San Francisco. Smith informed that Cox and GTE of California have agreed to a settlement, and Cox has withdrawn its complaint. Smith stated that, contrary to assertions made by certain interested parties, both GTEC and Pacific Bell are being compensated for the completion of all traffic between Cox and GTEC territories. Smith noted that the Pacific Bell/GTEC Interconnection Agreement contains provisions requiring the blocking of third-party traffic under certain circumstances. Smith provided a copy of the settlement agreement, transcript excerpts and a portion of Pacific Bell/GTEC Interconnection Agreement (attached). Filer: Cox California Telcom, Inc. Contact: La Tanya Linzie Phone: (510) 923-6220