Daily Calendar California Public Utilities Commission Tuesday, December 16, 1997 Page 20 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 Tuesday, December 16, 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 December 16, 10:00 San Francisco 1997 a.m. January 7, 10:00 San Francisco 1998 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. The Payphone Service Provider's Enforcement Committee has proposed a Charter for approval by the CPUC. A protest must be made in writing and received within 20 days from the date of this calendar item. Protest must be delivered to Director, Telecommunications Division, 505 Van Ness Ave., Room 3203, 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 NONE SCHEDULED PUBLIC MEETINGS & WORKSHOPS Public Meeting December 16, 1997 Caltrans (REVISED LOCATION) 9 am - 5 pm 370 - 3rd Street 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 Pacific Gas and Electric Company 9:30 am - 6 pm Energy Center and 851 Howard Street December 17, 1997 (1 block west of the Moscone 8:30 am - 2:30 pm Center) San Francisco The California Board for Energy Efficiency will meet on December 9:30 am to 12 pm to receive public comments on the proposed RFP for independent administrators and from 1-6 pm on December 16 and on December 17 to discuss the RFP and governing rules, the Board's response to comments on the RFP; program analysis and evaluation plans; utility 1998 program plans and associated reports to and decisions by the ALJ; utility RFPs for third-party programs; reports from or direction to the technical consultants and Technical Advisory Committee, Board operational matters, and other Board filings. The contact person is Nancy Licht of Wm. Nesbit & Associates, (707) 523-1663. Public Meeting December 16, 1997 Pacific Gas and Electric Company 10 am - 4pm Energy Center 851 Howard Street (1 block west of the Moscone With a Break for Lunch Center) (A brief break will be San Francisco called prior to lunch) To join via teleconference: dial (303) 633-1013; Passcode 2362359# 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 also participate in the meeting on December 16, 1997 by calling 303-633-1013. The Low Income Governing Board will meet to discuss the following agenda items: Chairperson's report, review meeting minutes, discuss legal issues, Technical Consultants projects, address budget planning/financial status, update on the Advisory Committee, 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 December 17, 1997 Deaf and Disabled 10 am - 1 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The California Relay Service Advisory Committee (CRSAC) of the Deaf and Disabled Telecommunications Program will hold scheduled interviews for CRSAC Open Committee Seats. 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 17, 1997 Pacific Gas and Electric Company 10 am - 4pm Energy Center 851 Howard Street (1 block west of the Moscone With a Break for Lunch Center) (A brief break will be San Francisco called prior to lunch) To join via teleconference: dial (303) 633-1880; 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 303-633-1880 on December 17, 1997. The Low Income Governing Board Advisory Committee will meet to discuss the following agenda items: Continuation in addressing issues related to the transition of the programs and planning for upcoming meetings. 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 December 17, 1997 Natural Resources Defense Council 1 pm - 5 pm 71 Stevenson Street, Suite 1825 San Francisco The New Programs Subcommittee of the Technical Advisory Committee for the California Board for Energy Efficiency will meet to discuss (1) the program and portfolio planning process, (2) environmental externalities, and (3) data and information necessary for evaluation, and (4) the subcommittee's report to the TAC during its December 18 meeting. The contact person is Sheryl Carter at (415) 777- 0220. Public Meeting December 17, 1997 California Public Utilities 1:30 am - 4 pm Commission 505 Van Ness Avenue, Room 3204 (Corner of Van Ness Avenue and McAllister Street) San Francisco The Universal Lifeline Telephone Service (ULTS) Trust Administrative Committee will hold its regularly scheduled monthly meeting to approve the payment of telephone claims, review and approve administrative expenses, finalize the January through June 1998 Administrative Committee meeting dates, 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 (510) 452-2757. Public Workshop and Public Meeting December 18, 1997 Pacific Gas and Electric Company 9 am - 1 pm Energy Center and 851 Howard Street 1 pm - 4 pm (1 block west of the Moscone Center) San Francisco A Public Workshop will be conducted by the Technical Services Consultants to the California Board for Energy Efficiency to discuss (1) definitions, (2) cost-effectiveness tests and their application, (3) measures of performance and evaluation, and (4) methods to classify programs. The Technical Advisory Committee for the California Board for Energy Efficiency will meet to discuss SPC program performance indicators; New Program and SPC subcommittee activities and work products; 1998 program changes based on recent CPUC decisions; TAC membership activities, including the recent TAC membership survey, and agenda planning for 1998. The contact person is Beverly Coleman (415) 564-3082. Public Meeting December 18, 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 (CRSAC) of the Deaf and Disabled Telecommunications Program will hold scheduled interviews for CRSAC Open Committee Seats. 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. Workshop Notice December 19, 1997 California Public Utilities 9:30 am Commission 505 Van Ness Avenue Training Room San Francisco The Energy Division staff will conduct a workshop to address compliance issues associated with utility advice filings ordered in ordering paragraph 1 of Decision (D)97-12-039. The workshop is open to the public and the training room is wheelchair accessible. For more information contact Steve Layman at (415) 703-3332. 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 (CRSAC) 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 January 6, 1998 Deaf and Disabled 10 am - 4 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 January 8, 1998 California Public Utilities (Thursday) Commission 505 Van Ness Avenue, Room 3204 9:30 am - 12:00 noon (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 9th meeting to discuss the status of 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 January 8, 1998 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 January 9, 1998 San Diego Gas & Electric Company 10 am 601 Van Ness Avenue, Suite 2060 San Francisco San Diego Gas & Electric Company will hold a settlement conference for their 1997 Annual Energy Cost Adjustment Clause (ECAC) A96-10-022, in accordance with Rule 51.1 of the Commission's Rules of Practice and Procedure. Please RSVP to Monica Wiggins at (619( 696-4056 no later than Monday, January 5, 1998. NEW FILINGS 12/8/97 A97-12- Los Alamitos Race Course, for an 017 order authorizing pedestrian-bikeway crossings at grade at the track of the Union Pacific Railroad Company in the City of Cypress 12/8/97 A97-12- Atlas Equity, Inc. dba Performance 018 Telecom, for exemption from the tariffing requirements for its non- dominant interexchange carrier service 12/10/97 C97-12- William Firschein, AIA vs. 019 Continental Cablevision/Media One, for refusing to monitor and/or to verify the levels of electromagnetic radiation due to faulty equipment or installations 12/12/97 A97-12- Pacific Gas and Electric Company, for 020 authority to increase rates and charges for electric and gas service effective 1/1/99 PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * ARBITRATOR'S REPORTS NONE ADVICE LETTER FILINGS NONE MISCELLANEOUS TRANSPORTATION ITEMS December 16, 1997 Filings with Safety and Enforcement 12/10/97 TCP-11533- Phoenix, Inc., 17592 Webster Avenue, B Irvine, CA 92614, Tel. No. (714) 552- 0368, application to transfer TCP Class B Certificate from TCP-8445-B, Terry Hiroshi Takatore, dba Phoenix Travel USA ADJOURNMENTS * RESETTINGS * SUBMISSIONS NONE REMOVALS FROM CALENDAR NONE NEW SETTINGS NONE 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. 12/16/7 9:30 am NONE SCHEDULE 12/23/97 9:30 am NONE SCHEDULE 12/30/97 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 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) 12/19/97 10:30 am Bennett-Whiskey Run Homeowners ALJ C97-10- Association vs. Kirkwood Gas and Bennett 077 Electric Company, for relief from the Comr Bilas payment for electricity used by a commercial unit not associated with the homeowners association, Office of Governmental Affairs, 1227 O Street, Fourth Floor, Sacramento 12/19/97 2:00 pm (PHC)-Brook Fiber Communications of ALJ Bushey C97-11- Fresno, Inc., Brooks Fiber Comr Duque 018 Communications of Stockton, Inc., Brook Fiber Communications of Bakersfield, Inc., Brooks Fiber Communications of San Jose, Inc. and Brooks Fiber Communications of Sacramento, Inc. vs. Pacific Bell, for unreasonable and unlawful anti- competitive activities, Commission Courtroom, San Francisco 12/22/97 10:00 am (PHC)-Catalina Channel Express, Inc., ALJ A97-09- for such additional authority as may Ryerson 040 be necessary to affirm its scheduled Comr Duque service certificate of public convenience and necessity to operate as a common carrier by vessel between Dana Point and Avalon/Two Harbors and for authority to file a tariff and timetable to commence such service, Commission Courtroom, San Francisco 12/22/97 10:00 am (PHC)-California Cable Television ALJ Walwyn C97-03- Association vs. Pacific Bell, for Comr Duque 049 offering and promoting the bundled offering of the basic exchange service and Internet service in violation of due procedures and without authorization, Commission Courtroom, San Francisco 1/7/98 9:00 am (EH)-Carl Brandstetter vs. Holiday ALJ C97-08- Retreats, Inc., Paul Derebery, McVicar 054 Surinder S. Dang, and Gurinder Singh, Comr Duque for serving water without authority, Council Chambers, City Hall, 3900 Main Street, Riverside 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, Comr Commission Courtroom, Los Angeles, Neeper 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 Comr Duque Building, 107 S. Broadway, 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 1/12/98 10:00 am (EH)-Southern California Edison ALJ A96-05- Company, for authority to freeze Patrick 045 rates t their current levels by ALJ deferring a $1.7 million rate Stalder decrease, plus interest Comr to 1998, for a finding that 1/1/97 Conlon balances in the energy cost adjustment clause (ECAC) and electric revenue adjustment mechanism (ERAM) accounts are reasonable, for authority to set aside overcollection in the ECAC and ERAM accounts as of 12/31/96 to reduce the level of competition transition cost, for authority to revise its incremental A97-05- energy rate, the energy reliability 050 index and avoided capacity cost pricing, and for a review of the reasonableness of Edison's operat8ons during the period from April 1, 1995, through March 31, 1996, and (EH)-Southern California Edison Company, for review of the reasonableness of operations during the period from April 1 1996, through March 31, 1997 (Reasonableness Phase), Commission Courtroom, San Francisco 1/13/98 10:00 am (EH)-San Diego Gas & Electric ALJ A96-10- Company, for annual energy cost Henderson 022 adjustment clause for the period from Comr 5/1/97 to 4/30/98, Neeper 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 1/15/98 1:30 pm (PHC)-Pacific Gas and Electric ALJ A97-11- Company, for authority to increase Patrick 012 the price of water delivered to the Comr Bilas El Dorado Irrigation District from the El Dorado Project, effective in 1998 and 1999, Commission Courtroom, San Francisco 1/16/98 7:00 pm (PHC)-Marna An Powell and Donna M. ALJ Walker C97-09- Hufford vs. GTE Northwest, dba GTE Comr Duque 056 West Coast, for enlargement of the 488 prefix to include a toll free one- way extended area service, Orick Community Center, 101 Swan Road, Orick 12/19/97 10:30 am Bennett-Whiskey Run Homeowners ALJ C97-10- Association vs. Kirkwood Gas and Bennett 077 Electric Company, for relief from the Comr Bilas payment for electricity used by a commercial unit not associated with the homeowners association, Office of Governmental Affairs, 1227 O Street, Fourth Floor, Sacramento 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), 1/27/98 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 January 28, San Francisco) 1/30/98 7:00 p.m. (PHC)-Robert W. Merwin vs. Citizens ALJ Walker C97-09- Communications, for arbitrary Comr Duque 054 definition of service areas, Jean Harvie Community Center, 14273 River Road, Walnut Grove 2/3/98 10:00 am (EH)-Pacific Bell, for authority to ALJ A95-12- increase and restructure certain Malcolm 043 rates of its Integrated Services Comr Duque Digital Network services, Commission Courtroom, San Francisco 2/5/98 1:00 pm (PHC)-San Diego Gas & Electric ALJ A97-09- Company, for a permanent gas Wetzell 049 procurement performance-based Comr ratemaking mechanism, Conlon Commission Courtroom, 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 2/10/98 10:00 am (PHC)-Pacific Gas and Electric ALJ A97-10- Company, for recovery of 1996 capital Malcolm 014 additions costs, and, Comr Bilas A97-10- (PHC)-San Diego Gas & Electric 015 Company, for competition transition charge recovery of 1996 capital additions, and A97-10- (PHC)-Southern California Edison 024 Company, for authority to recover capital additions to its fossil generating facilities made between 11/1/96 AND 12/31/96, Commission Courtroom, San Francisco (EH) for 10 am, March 9, San Francisco (also March 10-13, San Francisco 2/18/98 9:30 am (EH)-Tel-Save, Inc. of Pennsylvania, ALJ Garde A96-12- dba The Phone Company, for a Comr 050 certificate of public convenience and Neeper necessity to operate as a reseller of local exchange service, Commission Courtroom, San Francisco (also February 19, San Francisco) 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. 12/11/97 A97-05-011 PacificCorp, for approval of transition plan. Summary: On December 8, 1997, John Bohling, Anne Eakin, Bruce Hellebuyck, D.J. Smith and James F. Fell, representatives of PacifiCorp had three separate meetings with Cmmrs. Duque, Bilas, and Neeper. The first one was with Cmmr. Duque. Attendee were: Michelle Cooke, adv. to Cmmr. Duque; David Norris, Dan Ahrens, Doug Ponds, and Bill Branch from Sierra Pacific Power Company; Pat Schmiege, representing SoCal Water; Dan Carroll, representative of Kirkwood Gas and Electric Company; Jonathon Bromson and Chris Danforth, representatives of Office of Rate Advocates (ORA); and Margaret Rostker, representative of Enron. The second meeting was with Cmmr. Bilas. Attendees were: Julie Halligan, adv. to Cmmr. Bilas; Jonathon Bromson and Chris Danforth, representatives of ORA. Third meeting was with Cmmr. Neeper. Attendees were: David Gamson, adv. to Cmmr. Neeper; Jonathon Bromson and Chris Danforth, representatives of Office of Ratepayer Advocates. On December 9, 1997, Bruce Hellebuyck, James F. Fell and James C. Paine, representatives of PacifiCorp, had a telephone conference with Dorothy Duda, adv. to Cmmr. Knight. Also present was Chris Danforth, ORA- representative. During all meetings representatives of PacifiCorp addressed PacifiCorp's current California price and stranded cost situation, the Company's Preferred and Alternate proposals set forth in its May 2, 1997 Transition Plan filing, and the ORA-PacifiCorp stipulation. PacifiCorp representatives also described the holdings of the Proposed Decision (PD), the rate impacts should the PD be adopted, and PacifiCorp's Comments and proposed modifications to the PD. A three-page outline used by PacifiCorp representatives in addressing the topics is attached to this notice. Filer: PacificCorp E-Mail: jcpaine@stoel.com Contact: James C. Paine Phone: (503) 294-9246 Summary: THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED ON 12/4/97 AND APPEARED IN THE CALENDAR OF 12/8/97--On December 1, 1997, Bruce Hellebuyck, Regulatory Policy Director for PacifiCorp, spoke with Michelle Cooke, advisor to Cmmr. Duque, via telephone. Hellebuyck described PacifiCorp's current California price and stranded cost situation, the Company's Preferred and Alternate proposals set forth in its May 2, 1997 Transition Plan filing, and the ORA-PacifiCorp stipulation which was rejected in the Proposed Decision (PD) in A97-05-011. Hellebuyck also described the holdings of the PD, and PacifiCorp's comments and proposed modifications to the PD. Filer: PacificCorp E-Mail: jcpaine@stoel.com Contact: James C. Paine Phone: (503) 294-9246 12/11/97 R93-04-003 Commission order instituting rulemaking on Commission's own motion to govern open access to bottleneck services and establish a framework for network architecture development of dominant carrier networks and I93-04-002 Commission order instituting investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks; opening comments to be field by 5/21/93. Summary: On December 8, 1997, Richard B. Severy, Director, Public Policy, for MCI Telecommunications Corporation (MCI) met with Jose Jimenez, adv. to Cmmr. Conlon in San Francisco. Anthony J. DiTirro, Senior Regulatory Manager, for MCI was also present. Severy expressed MCI's concern with the high "interim" nonrecurring charges (NRCs) contained in interconnection agreements that act as an effective economic barrier to local competitive entry in California. Severy stated that recent cost studies and depositions in the OANAD proceeding include acknowledgments by Pacific Bell that the forward-looking costs associated with NRCs are significantly lower than current rates. MCI indicated that it would soon file a motion requesting the Commission to reduce the interim NRCs immediately to more appropriate levels, based on Pacific Bell's own reported costs, rather than await the final outcome of OANAD. Severy proposed that the new interim rates be subject to a "true-up" at the conclusion of OANAD. Filer: MCI Telecommunications Corporation Contact: Dorothy L. Maddux Phone: (415) 228-1245 12/11/97 R93-04-003 Commission order instituting rulemaking on Commission's own motion to govern open access to bottleneck services and establish a framework for network architecture development of dominant carrier networks; opening comments to be filed by 5/21/93, I93-04-002 Commission order instituting investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks; opening comments to be field by 5/21/93, R95-04-043 Commission order instituting rulemaking on the Commission's own motion into competition for local exchange service, and I95-04-044 Commission order instituting rulemaking on the Commission's own motion into competition for local exchange service. Summary: On December 9, 1997, representatives of The California Telecommunications Coalition met with Cmmr. Bilas and his adv. Lester Wong, in the Cmmr.'s office. Present were Richard B. Severy, Director, Public Policy, for MCI Telecommunications Corporation; Rick Witherington, Vice President, Pacific Region, for AT&T; and Richard A. Purkey, Director, State Regulatory/West for Sprint. The purpose of the meeting was to discuss the Motion filed by the Coalition and the Telecommunications Resellers Association on October 23, 1997. A written two-page summary of the Coalition's key positions was distributed, and is attached to this notice. The Coalition urged the Commission to require SBC/Pacific Bell to notify the Commission 90 days in advance of the filing of its FCC application, and to conduct a thorough fact- finding evaluation thereafter. The Coalition explained that the Commission has some flexibility in fashioning procedures and conducting hearings, but emphasized that the process will be more efficient and successful if SBC/Pacific Bell is required to submit all of the materials upon which it will rely to justify grant of Section 271 authority. The Coalition explained that there is no need for the Commission to issue a Section 311 Proposed Decision. The Commission's role in the Congressionally-mandated Section 271 process is to provide informed comment to the FCC, not to issue a traditional regulatory decision applicable in California, and that the Commission frequently files comments in federal regulatory proceedings without engaging in the formality of first issuing Section 311 Proposed Decision. Filer: California Telecommunications Coalition Contact: Dorothy L. Maddux Phone: (415) 228-1245 12/12/97 A97-05-016 Pacific Gas and Electric Company, for authority to (i) establish its authorized rate of return on common equity, (ii) establish its authorized capital structure, and (iii) establish its overall rate of return for calendar year 1998. Summary: LATE FILED. On December 2, 1997, Ronald Knecht, Intervenor, spoke with Julie Halligan, advisor to Cmmr. Bilas, via telephone. Knecht stated a brief review of reasons why the proposed decision (PD) in describing the evidence presented by Knecht and Ray Czahar, and included a statement that the primary result in the PD was correct and consistent with our showing and a request that the matter be held to crrect the problem with the description of our showing. Filer: Ronald L. Knecht Contact: Ronald L. Knecht Phone: (415) 922-3824 12/12/97 A96-12-009 Pacific Gas and Electric Company, to identify and separate components of electric rates effective January 1, 1998, A96-12-011 San Diego Gas & Electric Company, for authority to unbundle rates and products, and A96-12-019 Southern California Edison Company, proposing the functional separation of cost components for energy, transmission and ancillary services, distribution, public benefit programs and nuclear decommissioning, to be effective 1/1/98 in conformance with D95-12-036 as modified by D96-01-009, the 6/21/96 ruling of assigned Commissioner Duque, D96-10-074, and AB 1890. Summary: On December 9, 1997, Bruce Foster,, Edison's Vice President of Regulatory Policy and Affairs, met with Michelle Cooke, advisor to Cmmr. Duque, in San Francisco. Also present was: Michael Hoover, Edison's Manager of Regulatory Policy and Affairs. Foster stated that payments to the ISO for must-run generation costs should be recovered under CPUC jurisdiction, and that page 45 of the ratesetting decision contains language directing utilities to do this. Foster stated that a memo account should be established to record the payments until such time as FERC rules on the jurisdictional issue. Filer: Southern California Edison Company Contact: Bobbie Cao Phone: (626) 302-2310 12/15/97 A96-12-009 Pacific Gas and Electric Company, to identify and separate components of electric rates effective January 1, 1998, A96-12-011 San Diego Gas & Electric Company, for authority to unbundle rates and products, and A96-12-019 Southern California Edison Company, proposing the functional separation of cost components for energy, transmission and ancillary services, distribution, public benefit programs and nuclear decommissioning, to be effective 1/1/98 in conformance with D95-12-036 as modified by D96-01-009, the 6/21/96 ruling of assigned Commissioner Duque, D96-10-074, and AB 1890. Summary:. On December 10, 1997, Bruce Foster, Vice President of Regulatory Policy and Affairs for Southern California Edison Company (Edison), spoke with David Gamson, advisor to Cmmr. Neeper, via telephone. Foster stated Edison's position that payments to the ISO for must-run generation costs should be recovered under CPUC jurisdiction, and that page 45 of the ratesetting decision contains language directing the utilities to do this. Foster stated that in the alternative, a memorandum account should be established to record the payments until such time as FERC rules on the jurisdictional issue. Filer: Southern California Edison Company Contact: Bobbie Cao Phone: (626) 302-2310 12/15/97 A96-08-001 Pacific Gas and Electric Company, for approval of valuation and categorization of non-nuclear generation related sunk costs eligible for recovery in the competition transition charge, A96-08-006 San Diego Gas & Electric Company, to identify and value the sunk costs of its non-nuclear generation assets, A96-08-007 Southern California Edison Company, to identify and value the sunk costs of its non-nuclear generation assets, A96-08-070 Pacific Gas and Electric Company, to establish the competition transition charge, A96-08-071 Southern California Edison Company, to estimate transition costs and establish a transition cost balancing account; transition cost executive summaries; transition cost policy; transition cost collection; 1998 market price used to determine transition costs; transition costs for nuclear generation; transition costs for fossil generation; fuel and fuel transportation contract obligations; plant- related sunk costs and rate base for fossil generation; transition costs for hydro generation; transition costs arising from interutility contracts; transition costs for regulatory assets, obligations, and balancing accounts; early retirement, severance, and retraining transition costs; and transition costs ratemaking attached, and A96-08-072 San Diego Gas & Electric Company, to estmate transition costs and establish a transition cost balancing account; prepared direct testimony attached. Summary: On December 11, 1997, Bruce Foster, Vice President of Regulatory Affairs for Southern California Edison Company (Edison), sent a letter (attached to notice) to Cmmrs. Conlon, Neeper, Duque, Knight, and Bilas. Copies were also sent to: Commissioner advisors James Hendry, John Scadding, Robert Lane, Dorothy Duda, Michelle Cooke, David Gamson, and Julie Halligan; and ALJ Minkin. Foster stated that Michael Uberuaga's letter advocated an interpretation of PUC Code Section 369 contrary to that recently adopted by the Commission in D97-12-039. Foster stated that Section 369 reflects a Legislative determination that transition costs should be collected from "all existing and future consumers" in the utility's service territory except to the extent a specific exemption has been provided. Foster stated that to the extent exemptions are granted, the resulting shortfall in transition cost collection must be borne by other utility customers or by shareholders. Foster stated that the City of San Diego is complaining because the cogeneration projects it has committed to will not qualify under the specific exemption provisions for cogeneration projects in PUC Code Section 372, because of what it characterizes as "arbitrary deadlines" in that statute "that put public projects at a disadvantage." Foster stated that the Legislature had to balance many interests in enacting AB 1890, and that municipalities were active participants in the legislative process. Foster stated that if the City of San Diego is now unhappy with what it describes as the "arbitrary deadlines" of the cogeneration exemption provisions of Section 372, its remedy lies with the Legislature or an arrangement with San Diego Gas and Electric Company, not by asking the Commission to adopt a wrong interpretation of Section 369. Filer: Southern California Edison Company Contact: Bobbie Cao Phone: (626) 302-2310