Daily Calendar California Public Utilities Commission Monday, November 10, 1997 Page 25 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 Monday, November 10, 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Notice of Denial of Request for Ex Parte Meeting ú Notice of Ex Parte Communications The Commission Daily Calendar will not be published on November 11, 1997, due to a State Legal Holiday. REGULAR COMMISSION MEETINGS November 19, 10:00 San Francisco 1997 a.m. December 3, 10:00 San Francisco 1997 a.m. December 16, 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 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 Public Meeting November 10, 1997 Pacific Gas and Electric Company 9:30 am - 4pm Energy Center 851 Howard Street (1 block west of the Moscone Center) San Francisco The Technical Advisory Committee of the California Board for Energy Efficiency will meet to discuss the RFP for independent administrators, utility 1998 program plans, standard performance contracts, DSM policy rules, TAC operational issues, and other transition issues. The TAC's subcommittees for residential SPC, nonresidential SPC and new programs will meet during the lunch break and/or following the TAC meeting. The contact person is Beverly Coleman at (415) 564-3082. Public Meeting November 12, 1997 California Public Utilities 9:30 am - 4 pm Commission 505 Van Ness Ave., Auditorium San Francisco The Telecommunications Division of the California Public Utilities Commission will hold a public meeting to generate ideas and gain insight into the issues surrounding development of a statewide Public Policy Payphone program. The results of the meeting will be used as the basis for an OIR to resolve related Public Policy Payphone issues by the FCC's November 8, 1998, deadline. The Contact person is Linda Rochester (415)703-2770. Public Meeting November 12, 1997 Sheraton San Diego West Tower 10 am - 4pm 1590 Harbor Island Drive San Diego With a Working Lunch To join via teleconference, (A brief break will be dial (303) 633-1179; Passcode called prior to lunch) 1376417 # 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 Technical Consultants role, update on the Executive Coordinator role, 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. 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 13, 1997 Pacific Gas and Electric Company 1 pm - 5 pm Energy Center and 851 Howard Street November 14, 1997 (1 block west of the Moscone 8:30 am -3:30 pm Center) 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, assets and liabilities, contract pay- out dates, 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 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, presentation by staff counsel, 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 Pacific Gas and Electric Company 9:30 am - 4 pm Energy Center 851 Howard Street (1 block west of the Moscone Center) 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 17, 1997 Pacific Gas and Electric Company 10 am - 4pm Energy Center 851 Howard Street (1 block west of the Moscone Center) With a Working Lunch San Francisco (A brief break will be called prior to lunch) To join via teleconference, dial (303) 248-1059; Passcode 3934904 As provided for in Public Utilities Commission D.97-09-117, one or more LIGB members may be participating in this meeting via teleconference. Members of the public may be participating in this meeting via teleconference. Members of the public may participate in the meeting by calling (303) 248-1059. The Low Income Governing Board Advisory Committee will meet to discuss the following agenda items: continuation in addressing issues related to transition, planning for upcoming meetings, and develop agenda for next Committee meeting. These meetings are open to the public. You can get the materials for this meeting from the LIGB website at www.ligb.org. under "Advisory Committee". Amy Hopper is the contact person at (510) 251-2888, extension 2015. 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 November 17, 1997 California Public Utilities 1:30 pm - 4:00 pm Commission 505 Van Ness Avenue Room 3204 San Francisco The Universal Lifeline Telephone Service (ULTS) Administrative Committee will hold its regularly scheduled monthly meeting to approve the payment of telephone claims, review and approve administrative expenses, authorize administrative transfer, approve the 1988 Administrative Budget, and other general administrative matters. If you would like to join the meeting by phone conference or receive a copy of the agenda, please notify Vivien Wright, Executive Assistant, five (5) working days in advance of the meeting at (510) 452-2757. Public Meeting November 18, 1997 Pacific Gas and Electric Company 10 am - 4pm 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 at your own expense: dial (415) 904-2864; Passcode 6687053# As provided for in Public Utilities Commission D97-09-117, one or more LIGB members may be participating in this meeting via teleconference. Members of the public may participate in the meeting by calling 415/904-2864 on November 18, 1997. 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, Technical Consultants projects, update on the Executive Coordinator role, new Board member identification, address policy planning issues on critical path, and develop agenda for the 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. Public Meeting November 19, 1997 California Public Utilities (Wednesday) Commission 9:30 am - 12:00 noon 505 Van Ness Avenue, Room 3204 (Corner of Van Ness Avenue and McAllister Street) San Francisco The Interim Administrative Committee for the California High Cost Fund B and the California Teleconnect Fund will hold its 8th meeting to review comments filed by interested parties on its motion filed on October 29, 1997, and to discuss administrative matters. The contact person for this meeting is Angela Young at (415)703-2837. Public Meeting November 19, 1997 California Public Utilities Lottery begins at 1:30 Commission pm 505 Van Ness Avenue, Room 4211 (NEW ROOM #) (Corner of Van Ness Avenue and McAllister Street) San Francisco The Telecommunications Division of the California Public Utilities Commission will be conducting a lottery to determine allocations of central office codes (NXXs) in the 209, 213, 310, 408, 415/650, 510, 619, 714, 760, 805, 818/626 and 916/530 area codes pursuant to the provisions of D.96-09- 087. Applications for NXXs should be submitted to the California Code Administrator prior to close of business November 11, 1997. For information on the lottery process, call (415) 703-1128. If specialized accommodations for the disabled are needed, call the Public Advisor at (415) 703- 2032 five working days in advance of the event. Informational Hearing November 20, 1997 Long Beach Public Library 10:00 am - 3:00 pm 101 Pacific Avenue Long Beach The purpose of this meeting is to identify the causes of the situation that the Union Pacific Railroad is currently experiencing in California, including at the Los Angeles and Long Beach Ports and to determine the extent of that situation upon service and safety. The scope of the meeting will include the effects on UP, the shippers that use UP, and other railroads. 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 TheDeaf 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 Offices of Graham & James LLP (Friday) Third Floor Reception Area (ask 9:00 am - 12 noon for M. Mattes) 1 Maritime Plaza (Clay Street at Front Street) San Francisco The California High Cost Fund A Trust Administrative Committee will hold its next meeting. For a copy of the agenda or more information, contact Jean Boettger at (415) 542-1949. 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 10/30/97 C97-10- Southern California Utility Power 082 Pool and Imperial Irrigation District vs. Southern California Gas Company, for violation of Rule 8 of the final rules 10/31/97 A97-10- Southern California Water Company, 083 for authority to recover in rates the costs of replacement water rights in its Barstow District 10/31/97 I95-04- Petition #83 of AT&T Communications 044 of California, Inc., to expand its current authority to provide facilities-based and resale competitive local exchange service within the service territories of Roseville Telephone Company and Citizens Telephone Company 10/31/97 I95-04- Petition #84 of Pac-West Telecomm, 044 Inc., for authority to provide facilities-based and resold local exchange services in the Roseville Telephone Company and Citizens Telephone Company services areas 10/31/97 I95-04- Petition #87, GTE California, 044 Incorporated, to expand its certificate of public convenience and necessity to include a provision of local exchange service as a facilities-based and resale carrier within the service area of Roseville Telephone Company and Citizens Telephone Company 10/31/97 I95-04- Petition #88, of GTE Communications 044 Corporation, to expand its certificate of public convenience and necessity to include a provision of local exchange service as a facilities-based and resale carrier within the service area of Roseville Telephone Company and Citizens Telephone Company 10/31/97 I95-04- Petition #89, of Brooks Fiber 044 Communications of Sacramento, Inc., for expansion of certificate of public convenience and necessity to compete within the service territories of Roseville Telephone Company and Citizens Telephone Company 11/3/97 I95-04- Petition #85 of TCG San Francisco, 044 dba TCG Northern California to amend its existing certificate of public convenience and necessity authority to provide local exchange telecommunications service 11/3/97 I95-04- Petition #86 of Nextlink California, 044 LLC, to amend its existing certificate of public convenience and necessity authority to provide local exchange telecommunications services 11/3/97 I95-04- Petition #90 of WorldCom 044 Technologies, Inc., to amend its certificate of public convenience and necessity to permit it to provide facilities-based and resold local exchange service in additional territories in California 11/3/97 A97-11- Tritel Communications, LLC, for a 003 certificate of public convenience and necessity to operate as a reseller of local exchange telecommunications services 11/3/97 A97-11- Pacific Gas and Electric Company, to 004 identify cost savings for revenue cycle services provided by other entities and to propose credits for end-use customers in such circumstances 11/3/97 A97-11- Tesco, for a certificate of public 005 convenience and necessity to offer local exchange,, access, and interexchange services PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * ARBITRATOR'S REPORTS NONE ADVICE LETTER FILINGS To inquire about a filing, call the Energy Division (703- 1093), Telecommunications Division (703-1889) or Water Division (703-2028). To protest a filing, mail the original letter/telegram to the Chief of the appropriate division (i.e., "Chief, [Energy, Telecommunications or Water] Division"), 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. 11/05/97 Water 6 WATERTEK INCORPORATED, Compliance filing pursuant to Decision No. 97-10- 013, dated October 9, 1997. (effective TBD) 11/06/97 Water 20 CONLIN STRAWBERRY WATER CO., INC., Offset increase in the Consumer Price Index pursuant to D.92-03-093. (effective TBD) 11/06/97 Water 296 SAN JOSE WATER COMPANY, Step rate increase for 1998 in accordance with Decision No. 96-07-036. (anticipated effective 01/01/98) 11/06/97 Water 297 SAN JOSE WATER COMPANY, Recover expenses in memorandum account covering lease payment for an easement on property per D.96-07-036. (anticipated effective 01/01/98) 11/07/97 Water 106- APPLE VALLEY RANCHOS WATER COMPANY, W Step rate increase for 1998 pursuant to D. 95-12-028. (anticipated effective 01/01/98) 11/07/97 Water 53-W COAST SPRINGS WATER COMPANY, INC., Impose surcharge to recover fees paid to the Dept. of Health Services, and to offset increase in the Consumer Price Index. (effective TBD) ADVICE LETTER PROTESTS To inquire about a protest, call the Energy Division (703- 1093), Telecommunications Division (703-1889) or Water Division (703-2028). To obtain a copy of the protest, please direct your request to the protestor. NONE MISCELLANEOUS TRANSPORTATION ITEMS November 10, 1997 Filings with Safety and Enforcement 11/3/97 TCP-11463- Champion Holiday Corporation, c/o A Charles Chang, 1826 Rollins Road, Suite 202, Burlingame, CA 94010, Tel. No. (415) 259-8378, application for new TCP Class A Certificate ADJOURNMENTS * RESETTINGS * SUBMISSIONS A97-01- Rosenthal-California Water Service 038 Company, Prehearing Conference held and completed; proceeding submitted upon receipt of concurrent briefs REMOVALS FROM CALENDAR NONE NEW SETTINGS 11/20/97 1:30 pm (PHC)-CABAC, Inc., for authority to ALJ Bennett A97-06- operate as an "on call" passenger Comr Duque 011 stage corporation, pursuant to Comr Neeper Section 1031 of the California Public Utilities Code, In Los Angeles and A97-06- other counties, and 012 (PHC)-B.A.D.D.J., Inc., for authority to operate as an "on-call" passenger stage corporation, pursuant to Section 1031 of the California Public A97-06- Utilities Code, in Los Angeles and 013 other counties, and (PHC)-AMRAT, Inc, for authority to operate as an "on-call" passenger stage corporation, pursuant to A97-07- Section 1031 of the California Public 041 Utilities Code, in Los Angeles and other counties, and (PHC)-Rideshare Port Management LLC, dba Prime Time Shuttle, for authority A97-09- to operate as a passenger stage 041 corporation between points in Los Angeles and other counties, and (PHC)-David Regwan, dba Prime Time Shuttle of Ventura, Orange and Los Angeles Counties, to sell and Amrat, Inc., a California Corporation, to purchase, granted by D.90-03-06 n Application 89-08-029, pursuant to Sections 854 and 1036(b) of the California Public Utilities Code, and establish a zone of rate freedom, Commission Courtroom, Los Angeles 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. 11/11/97 9:30 am NONE SCHEDULED 11/18/97 9:30 am NONE SCHEDULED 11/25/97 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 11/10/97 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 11/10/97 10:00 am (EH)-Pacific Gas and Electric ALJ A96-11- Company, for authorization to sell Careaga 020 Hunters Point, Morro Bay, Moss Comr Landing, and Oakland generating Conlon plants and related assets, Commission Courtroom, San Francisco 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 (PHC)-Forest Lake Christian School, ALJ C97-09- Inc., vs. Pacific Bell, for a Bennett 039 wrongfully assigned prefix number, Comr Telephone Prehearing Conference Neeper 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 11/17/97 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 November 18-20 and 24-25, San Francisco 11/17/97 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 11/18/97 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) 11/18/97 10:00 am (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 11/19/97 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 10:00 am (PHC)-Pacific Bell vs. AT&T ALJ Walker C97-09- Communications of California, Inc., Comr 019 for revenue loss in the amount of Conlon $.386 for each intraLATA minute of MEGACOM provided by AT&T from 9/17/94 - 12/31/94, or $5,239,300, Commission Courtroom, San Francisco 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 1:30 pm (PHC)-CABAC, Inc., for authority to ALJ A97-06- operate as an "on call" passenger Bennett 011 stage corporation, pursuant to Comr Duque Section 1031 of the California Public Comr Utilities Code, In Los Angeles and Neeper A97-06- other counties, and 012 (PHC)-B.A.D.D.J., Inc., for authority to operate as an "on-call" passenger stage corporation, pursuant to Section 1031 of the California Public A97-06- Utilities Code, in Los Angeles and 013 other counties, and (PHC)-AMRAT, Inc, for authority to operate as an "on-call" passenger stage corporation, pursuant to A97-07- Section 1031 of the California Public 041 Utilities Code, in Los Angeles and other counties, and (PHC)-Rideshare Port Management LLC, dba Prme Time Shuttle, for authority A97-09- to operate as a passenger stage 041 corporation between points in Los Angeles and other counties, and (PHC)-David Regwan, dba Prime Time Shuttle of Ventura, Orange and Los Angeles Counties, to sell and Amrat, Inc., a California Corporation, to purchase, granted by D.90-03-06 n Application 89-08-029, pursuant to Sections 854 and 1036(b) of the California Public Utilities Code, and establish a zone of rate freedom, Commission Courtroom, Los Angeles 11/24/97 10:00 am (PHC)-Lorraine Brown, Christopher ALJ C93-06- Gray, vs. Santa Clara County Transit Mattson 007 District and the City of San Jose for Comr failure to comply with Section 2-3324 Conlon of the State of California Building Code in failing to install 18-inch bands of clearly contrasting texture at the edges of the boarding platform so a blind person can detect the different platforms and failure to comply with ANSI A117.1, 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) 12/2/97 10:30 am (ECP)-Whiskey Run Homeowners ALJ C97-10- Association vs. Kirkwood Gas and Bennett 077 Electric Company, for relief from the payment for electricity used by a commercial unit not associated with the homeowners association, Office of Governmental Affairs, 1227 O Street, Fourth Floor, Sacramento 12/4/97 10:00 am (ECP)-Leonard Bruno vs. California ALJ C97-10- Real Estate Cellular Service Corp, Bennett 079 dba AirTel, for unauthorized charges or calls not made by complainant, Commission Courtroom, San Francisco 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) 1/9/98 10:00 am (ECP)-Lorna Shofner vs. D.C.N. ALJ C97-10- Wireless, for overbilling and unfair Barnett 076 business practices, Commission Courtroom, Los Angeles, 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 1/14/98 10:00 am (PHC)-Investigation on the ALJ Ramsey I91-08- Commission's own motion into the Comr 029 causes of recent derailments of Conlon Southern Pacific Transportation Company trains, compliance of Southern Pacific with applicable laws, rules, and regulations, the existence of any local safety hazards, and recommendations for improvements in state and federal laws or regulations, Commission Courtroom, San Francisco 1/9/98 10:30 am (ECP)-Fariborz Hamzel vs. Pacific ALJ C97-10- Bell, for unauthorized ISDN calls, Barnett 078 Commission Courtroom, State Office Building, 107 S. Broadway, Los Angeles 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 3/16/98 9:00 am (EH)-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 (also March 17-18, San Francisco) 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. 11/6/97 A91-11-010 Citizens Utilities of Co. of California, general rate increase for water service for additional gross revenues of $306,960 in 1992 and etc. C92-01-026 Joan E. Briody, vs. Citizens Utilities of California to meet state standards for fire hydrants and water per hydrant in the Montara/Moss Beach C92-02-031 Gary H. Warhaftig, vs. Citizens Utilities Company, for failure to provide adequate water service in Montara C92-02-045 Point Montara Fire Protection District, vs. Citizens Utilities Company of California, for failure to provide adequate water service in Seal Cove and Moss Beach Heights C92-01-045 Peter Dekker, vs. Citizens Utilities Company of California, that defendant has failed to maintain an acceptable quality of water supplied to its customers; and must implement measures to raise the volume of water for emergency use to its file hydrants and increases storage capacity for same in its Montara and Moss Beach areas C92-02-033 Beverly R. Garrity, et al., vs. Citizens Utilities Company, for failure to provide adequate water service in Montara/Moss Beach C92-03-010 Lewis J. Michelony, Jr., vs. Citizens Utilities for violation of Public Utilities Code Section 721 (failure to maintain proper facilities) Summary: On November 4, 1997, Administrative Law Judge John Weiss initiated a telephone call to Larry D'Addio of Citizens Utilities Company of California (Citizens). D'Addio advised ALJ Weiss that all of the fireflow projects for the first two years of the plan had been completed, that the fire flow projects for the third year were nearly complete, and that the treatment plan additions scheduled for 1994-95 had been completed. Filer: Citizens Utilities Company of California Contact: Phone: (415) 433-1900 Summary: On November 4, 1997, Administrative Law Judge John Weiss initiated a telephone call to Garth Black, Attorney for Citizens Utilities Company of California (Citizens). ALJ Weiss asked Black for information concerning the status of certain construction projects described in the October 1996 Master Plan, but Black was unable to supply all of the requested information and referred ALJ Weiss to representatives of Citizens. Filer: Citizens Utilities Company of California Contact: Phone: (415) 433-1900 11/6/97 A96-08-040 AT&T Communications of California, Inc., for arbitration with Pacific Bell Summary: On November 3, 1997, Bill Blase, Vice President-Regulatory for Pacific Bell (PacBell) met with Cmmr. Bilas, in San Francisco. Also present were: Lester Wong, advisor to Cmmr. Bilas; and David Discher, general attorney for PacBell. Materials (attached to notice) consisting of a handout outlining PacBell's position, were used. Blase stated that the Commission's pricing in the AT&T/PacBell arbitrated agreement is right and that the Unbundled Network Element (UNE) prices already set are fair and allow competitors to use UNE's at substantial discounts. Discher stated that there is no legal reason to change the UNE prices; that OANAD will set final prices soon. Discher added that modifying final contracts at this time violates the Federal Communications Act of 1996. Filer: Pacific Bell Contact: Lilia Tam Phone: (415) 542-3350 Summary: : On November 3, 1997, Bill Blase, Vice President-Regulatory for Pacific Bell (PacBell), met with Cmmr. Neeper, in San Francisco. Also present were: Fassil Fenikile, advisor of Cmmr. Neeper, and David Discher, general attorney for PacBell. Materials (attached to notice), consisting of a handout detailing PacBell's position, were used. Blase stated that the Commission's pricing in the AT&T/PacBell arbitrated agreement is right and that the Unbundled Network Element (UNE) prices already set are fair and allow competitors to use UNE's at substantial discounts. Discher stated that there is no legal reason to change the UNE prices; that OANAD will set final prices soon. Discher added that modifying final contracts at this time violates the Federal Communications Act of 1996. Filer: Pacific Bell Contact: Lilia Tam Phone: (415) 542-3350 11/6/97 A95-05-030 Roseville Telephone Company, for authority to increase its intrastate rates by $26,890,729 effective 1/1/96; adopt the new regulatory framework propsal, and I95-09-001 Commission Order Instituting Investigation, into the rates, charges, service, practices and regulation of Roseville Telephone Company; consolidated with A95-05- 030. Summary: On November 4, 1997, Greg Gierczak, Executive Director for Roseville Telephone Company (Roseville), spoke with Jose Jimenez, advisor to Cmmr. Conlon, via telephone. Gierczak asked the Commission to modify the proposed decision of the administrative law judge to account for the complete recovery of the revenue shortfall which results from design errors related to the ZUM area changes adopted in the rate case decision from the date the new rates were implemented. Filer: Roseville Telephone Company Contact: Maria Incardona Phone: (415) 433-1900 11/6/97 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 November 3, 1997, Sabrina J. Miller, Senior Regulatory Representative, Pacific Gas and Electric Company (PG&E), contacted Cmmr. Neeper in San Francisco. Also present at the meeting were David Gamson, adv. to Cmmr. Neeper, Dennis Loughridge, CEO, the California Power Exchange (PX), S. Donley Ritchey, Chairman, PX Governing Board, Sandra McDonald, Vice President of Public Finance, JP Morgan, Gary Schoonyan, Manager, Regulatory Affairs, Southern California Edison Company ( SCE ), Lisa Hubbard, Director, State Regulatory Affairs, San Diego Gas and Electric Company (SDG&E), and Kermit Kubitz, attorney, PG&E. PX presented two hand-outs (attached to this notice); one outlines the development and startup costs, as well as the PX's 1998 operating budget and capital expenditures, and the other outlines the California Power Exchange's projected development costs and proposed competitive charges. McDonald explained the up-front payment financing structure proposed by the PX for the $85 million. Miller stated that the structure is designed to attract more volume flowing through the PX, which will decrease costs to all customers over the long-run. Ritchey stated that the PX views its primary goal as satisfying customers. Filer: PG&E, SCE, and SDG&E Contact: Maryann Friel Phone: (415) 972-5611 11/06/97 A97-10-030 WorldCom, Inc. and Brooks Fiber Properties, Inc., for approval of agreement and plan of merger. Summary: On November 6, 1997, Mary E. Wand, Counsel for Brooks Fiber Properties, Inc. (Brooks), sent a letter (attached to the notice) to Cmmr. Conlon with copies to the four other Commissioners. In its letter, Brooks states that it knows of no publicly available source that would identify those carriers that have constructed faciliites in the Silicon Valley. However, Brooks listed a number of carriers which it believes have, or are in the process of, constructing telecommunications facilities in this market. Filer: Brooks Fiber Properties, Inc. Contact: Mary McCombs Phone: (415) 268-7607