Daily Calendar California Public Utilities Commission Thursday, September 17, 1998 Page 30 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, September 17, 1998 ú Regular Commission Meetings ú Notices ú Glossary ú Subscription Information (Daily Calendar and Agenda) ú Commissioner Office Hours ú Public Meetings and Workshops ú New Filings ú Petitions for Modification and Applications for Rehearing ú Draft Decisions/Proposed Decisions/Alternates/Presiding Officer's Decisions/ Arbitrator's Reports ú Advice Letter Filings ú Miscellaneous Transportation Items ú Miscellaneous Telecommunication Matters 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 All-Party Meetings (PU Code 1701.3(c) ) ú Notice of Ex Parte Communications REGULAR COMMISSION BUSINESS MEETINGS September 17, 10 am San Francisco 1998 October 8, 10 am - 11 am Leisure World, Club 1998 Open Forum/Town Hall House 3, meeting with 23822 Avenida Savilla, Commissioners Laguna Hills, CA 11 am 92653 Commission meeting begins October 22, 10 am San Francisco 1998 COMMISSION RATESETTING DELIBERATIVE MEETINGS (Not Open to the Public) Ratesetting Deliberative Meeting dates are reserved as noted but will only be held if there are ratesetting matters to be considered. October 5, 1:30 pm San Francisco 1998 October 19, 1:30 pm San Francisco 1998 November 2, 1:30 pm San Francisco 1998 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. GLOSSARY After January 1, 1998, the California Public Utilities Commission is required by statute (SB 960) to categorize each case that comes before it. There are three categories, quasi- legislative, adjudicatory and ratesetting. If a case does not require hearings before it is resolved, the case is removed from the SB 960 category requirements. The legend below shows the abbreviation for each of the categories and provides a brief explanation. Q Quasi-legislative proceedings are proceedings that establish policy or rules (including generic ratemaking policy or rules) affecting a class of regulated entities, including those proceedings in which the Commission investigates rates or practices for an entire regulated industry or class of entities within the industry. A Adjudicatory proceedings are: (1) enforcement investigations into possible violations of any provision of statutory law or order or rule of the Commission; and (2) complaints against regulated entities, including those complaints that challenge the accuracy of a bill, but excluding those complaints that challenge the reasonableness of rates or charges, past, present, or future. RS Ratesetting proceedings are proceedings in which the Commission sets or investigates rates for a specifically named utility (or utilities), or establishes a mechanism that in turn sets the rates for a specifically named utility (or utilities). Ratesetting proceedings include complaints that challenge the reasonableness of rates or charges, past, present, or future. N/A Removed from the SB 960 category requirements. 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 cents 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 Sandra Graham at (213) 897-3544). Date/Time Commissioner Location September 25, Josiah L. State Office Building, 1998 Neeper 1350 Front Street, Room 4006 San Diego October 9, 1998 Josiah L. 107 South Broadway, Room Neeper 5109 Los Angeles PUBLIC MEETINGS & WORKSHOPS Workshop Notice - Energy Efficiency Program Needs for Residential Retrofit September17, 1998 PG&E Energy Center 9:30 am - 4 pm 851 Howard Street San Francisco and September 18, 1998 9 am - 3:30 pm The Technical Advisory Committee (TAC) to the California Board for Energy Efficiency will conduct a public workshop to collect input on desired program elements that would allow publicly funded energy efficiency programs to better serve the residential retrofit market. The contact person is Tom Eckhart, Phone: (425) 889-6485, Email: tom@ucons.com. Workshop Notice September 22, 1998 PG&E Energy Center 9:30 am - 4 pm 851 Howard Street San Francisco The Technical Advisory Committee (TAC) to the California Board for Energy Efficiency will meet to discuss program planning issues for 1999, review and assessment of 1998 programs, the residential and nonresidential standard performance contract programs, third party programs, upstream and downstream market transformation programs, self-generation issues, and TAC subcommittee reports. The meeting is open to the public. The contact person is Steve Taber, (415) 457-1848. Public Meeting September 22, 1998 Pacific Gas and Electric Company 10 am - 5 pm Energy Center 851 Howard Street (1 block west of the Moscone Center) San Francisco The Low Income Governing Board Advisory Committee (LIGBAC) will meet on the following agenda: Welcome and Introduction Chairperson's report, review meeting minutes, public comments, substitantiative program designs, other business. These meetings are open to the public. You can get the materials for this meeting by phoning the LIGBAC at 415 703- 2565 and leaving a message with your name, phone and fax number at least 24 hours in advance of the meeting time. Public Meeting September 23, 1998 Pacific Gas and Electric Company 8:30 am - 3 pm Energy Center 851 Howard Street (1 block west of the Moscone Center) San Francisco The Low Income Governing Board Advisory Committee (LIGBAC) will meet on the following agenda: Welcome and Introduction Chairperson's report, review meeting minutes, public comments, substitantiative program designs, other business. These meetings are open to the public. You can get the materials for this meeting by phoning the LIGBAC at 415 703- 2565 and leaving a message with your name, phone and fax number at least 24 hours in advance of the meeting time. Public Meeting CORRECTED ADDRESS September 23, 1998 Chicano Federation of San Diego 9:30 am - 3:30 pm County 610 - 22nd Street (At Market and 22nd Street) San Diego The ULTS Marketing Board (ULTSMB) will hold its regular meeting to discuss the following: Review/Approve Meeting Minutes, Review/Approve Administrative Report and Action Items, Review/Approve Administrative Expenses, PUC Report and Action Items, Review/Approve 1998 Annual Report, Final Review/Approve ULTSMB 1999 Budget, Review ULTSMB Correspondence and ACR Comments, Review/Approve Proposed Interim Marketing Plan and Budget, Review Previous Studies and Data, Review/Approve Request for Proposals (RFP) for ULTSMB Interim Marketing Program Advertising, Announcements, Set Future Agenda Items for Discussion and Hear Public Comments. This meeting is open to the public. The Board reserves the right to limit the time allocated to public comments and each speaker. If you would like to join the meeting by phone conference or in person, and/or receive a full meeting packet, please notify the ULTS Trust Office at (510) 452-2757. Workshop Notice September 23, 1998 Pacific Gas and Electric Company 10 am 77 Beale Street, Room 2420 San Francisco The Utilities Safety Branch staff will conduct a workshop to address the development and expansion of programs to increase public education and awareness of the hazards of the proximity of trees and vegetation to utility overhead power lines. The workshop is open to the public and meeting room is wheelchair accessible. For more information contact Fadi Daye at (213) 897-8420 or Byron Shovlain at (619) 525-4741. Workshop Notice September 24, 1998 Pacific Energy Center 8:30 am - 12 Pm 851 Howard Street (1 block west of Moscone Center) San Francisco The California Board for Energy Efficiency (CBEE) will conduct a public workshop to address issues associated with its advice letter filing for Program Year (PY 99) programs, including definition and inclusion of self-generation in PY99 programs, and recommendations for new or revised programs. The workshop will be facilitated by the CBEE's technical consultants. The workshop is open to the public and the room is wheelchair accessible. The contact person is Sara Steck Myers, (415) 387-1904. For further details about CBEE and this meeting consult the CBEE Web Page at www.cbee.org. Public Meeting September 24thth 1998 Pacific Energy Center 12 pm - 5 pm 851 Howard Street (1 block west of Moscone Center) San Francisco Agenda items for this meeting include discussion and potential resolution of the following topics: Efforts to secure support services for CBEE; the status of the Request for Proposals for Energy Efficiency Program Administrators (D. 98-07-036); follow up on requests emanating from the Sept 15th prehearing conference, draft reports produced as part of the CBEE program planning process for 1999; CBEE expectations for Interim Administrators' third quarterly status report, CBEE work plans, technical consultant work plans, and schedules, issues related to utility assets and liabilities, verification, measurement and assessment functions, and other reporting requirements, and the Technical Advisory Committee and Board operational matters. The contact person is Sara Steck Myers, (415) 387-1904. For further details about CBEE and this meeting consult the CBEE Web Page at www.cbee.org. Public Meeting September 24, 1998 Deaf and Disabled 1:30 pm - 4:30 pm Telecommunications Program 1939 Harrison Street Conference Room, Suite 555 Oakland The Speech-to-Speech Sub-Committee of the Deaf and Disabled Telecommunications Program will hold a 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 Elana Kalisher 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 September 25, 1998 California Public Utilities 9 am Commission 505 Van Ness Avenue Commission Auditorium San Francisco Pursuant to D.97-10-086, Ordering Paragraph 7, and D.97-12- 131, Ordering Paragraph 7.c., the Energy Division staff will conduct a workshop to discuss with the Utility Distribution Companies (UDCs) and other interested persons the following issues related to load profiling: To assess the impacts of requiring metering for customers with maximum demands between 20 and 50 kW, to determine whether the exemption allowing load profiles for 20 to 50 kW customers should continue past January 1, 1999, to examine any inconsistencies in the 20 kW load profile cut-off points. The workshop is open to the public and the Commission Auditorium is wheelchair accessible. For more information contact Steve Roscow of the Energy Division (phone: 415-703-2818). A complete copy of the Notice of Workshop may be obtained from the Commission's website at: http://162.15.5.2:80/wk-group/dai/lp/ Public Meeting September 25, 1998 Pacific Energy Center 9 am - 4 pm 851 Howard Street (1 block west of Moscone Center) San Francisco This meetings is a continuation of the California Board for Energy Efficiency meeting of September 24th, 1998. The agenda items listed below but not covered on September 24th will be continued and heard at this meeting on September 25th. Agenda items for the two day meetings include discussion and potential resolution of the following topics: Efforts to secure support services for CBEE; the status of the Request for Proposals for Energy Efficiency Program Administrators (D. 98-07-036); follow up on requests emanating from the Sept 15th prehearing conference, draft reports produced as part of the CBEE program planning process for 1999; CBEE expectations for Interim Administrators' third quarterly status report, CBEE work plans, technical consultant work plans, and schedules, issues related to utility assets and liabilities, verification, measurement and assessment functions, and other reporting requirements, and the Technical Advisory Committee and Board operational matters. The contact person is Sara Steck Myers, (415) 387-1904. For further details about CBEE and this meeting consult the CBEE Web Page at www.cbee.org. Workshop Notice (NUMBER POOLING) September 25, 1998 California Public Utilities 9 am - 5 pm Commission 505 Van Ness Avenue San Francisco) The Telecommunications Division of the California Public Utilities Commission will be holding a technical workshop on the efficient utilization of numbering resources. Number pooling offers the potential to reduce NXX demand by enabling multiple carriers to share numbers from a single NXX code. A workshop is scheduled to initiate a plan to implement number pooling within California in cooperation with the program underway at the national level. The September 25, 1998 initial workshop will address the formation of a number pooling task force and develop administrative protocol for the ongoing operation of the Task Force and for the submission of progress reports to the Commission. Participants should come prepared to nominate persons to the Task Force, develop the structure of the Task Force, define the mission of the Task Force, and deal with self-governance issues such as voting membership, multiple chairmenship, rotation of meeting locations, the taking of minutes and the filing of said minutes with the Commission, and other housekeeping issues that may arise. Please RSVP by September 23, 1998 to Mary Jo Borak,at 415/703-1879, Email: BOR@CPUC.CA.GOV or Risa Hernandez at 415/703-5331, Email: RHH@CPUC.CA.GOV Public Meeting September 25, 1998 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 Elana Kalisher 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 September 28, 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 Elana Kalisher 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 September 28 & 29, 1998 PG&E Energy Center 10 am - 4 pm 851 Howard Street HVAC Room Conference Call Information San Francisco September 28, 1998 dial in to (415) 356-0657 Note: If you experience Passcode = 2408347# problems trying to access this conference call please contact September 29, 1998 dial in to Confertech at 1-800-525-8244 (303) 633-1880 and have them verify the Dial- Passcode = 2408347# in # and Passcode scheduled under Master Reservation #4590512 for CH2M HILL (Sharon Weinberg is the designated Chairperson) The Low Income Governing Board will meet to discuss the following topics: report from the Chair, report on legislation (AB2461) and legal matters, subcommittee reports, direction to consultants, review and approval of meeting minutes, financial report, advisory committee report, address issues and comments related to the LIGB's milestone schedule, issues related to the LIGB's proposed schedule and process for transferring utility assets, liability, case flow and financial controls, LIGB operating budget for 1999, contractual and legal issues (closed session). An agenda for the meeting is being developed and can be obtained from the LIGB's website at www.ligb.org. The meeting is open to the public; however, this meeting may include a closed session to discuss legal and contractual issues. For more information contact Sharon Weinberg at (510) 251-2888, extension 2025. Public Meeting September 30, 1998 Deaf and Disabled 10 am - 3 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The DDTP HANDS FREE CORDLESS PHONE (HFCP) SUB-COMMITTEE of the Deaf and Disabled Telecommunications Program will hold a meeting. The HFCP Sub-committee will meet to develop specifications for acquiring 900 MHz cordless hands free phones. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher 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 2, 1998 Deaf and Disabled 9 am - 12 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The FINANCE SUB-COMMITTEE of the Deaf and Disabled Telecommunications Program will hold a 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 Elana Kalisher 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 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 Elana Kalisher 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 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 Elana Kalisher 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 15, 1998 Holiday Inn (Presidential Room) 9 am - 4:30 pm 275 S. Airport Blvd. Electric Education Trust South San Francisco The Administrative Committee of the Electric Education Trust (EET) meets to discuss and implement a CBO outreach (grant) program and an educational efforts plan, to address comments to the proposed plans filed pursuant to Decision 98-07-098, and to consider related matters. The contact person is William Schulte at (415) 703-2349. Public Meeting October 23, 1998 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 Elana Kalisher 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 3, 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 Elana Kalisher 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 12, 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 Elana Kalisher 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 20, 1998 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 Elana Kalisher 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 9/14/98 A98-09-021 County of Kern, State of California, to construct a public street across the railroad tracks of the San Joaquin Valley Railroad Company in County of Kern, State of California 9/15/98 A98-04-050 Amendment- Southern California Edison Company, for order approving agreements restructuring the negotiated parallel generation agreement between Southern California Edison Company and Sunlaw Cogeneration Partners I; to reflect an amendment to the execution agreement modifying the payment schedules 9/15/98 A98-04-050 Second Amendment- Southern California Edison Company, for order approving agreements restructuring the negotiated parallel generation agreement between Southern California Edison Company and Sunlaw Cogeneration Partners I; reflects the terms of a second amendment to the execution agreement between Edison and Citizens Power LLC PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 9/8/98 I87-11-033 CORRECTION FOR THE 9/16/98 DAILY CALENDAR. Commission investigation into alternative regulatory frameworks for local telecommunications exchange carriers, and A85-01-034 Pacific Bell, general rate increase for telephone service in the amount of $1,362,000,000, intrastate, and A87-01-002 General Telephone Co. of California, general rate increase for telecommunications services of approximately $52,133 million, intrastate, and< I85-03-078 Commission investigation into rates, etc., of Pacific Bell re: interconnection, and I87-02-025 Commission investigation into rates, etc., of General Telephone Co of California & Pacific Bell, and C87-07-024 General Telephone Co of California vs Wang Communications Inc, for cease and desist order directing defendant to refrain from commencing service in City of Industry without Commission authority, etc.; Petition for Modification of D97-04-083 by AT&T Communications of California, Inc. 9/8/98 R98-01-011 Commission Order Instituting Rulemaking, on the Commission's own motion to assess and revise the regulatory structure governing California's natural gas industry; Application for Rehearing of D98-08- 030 by Southern California Gas Company and San Diego & Electric Company 9/14/98 A96-03-031 Southern California Gas Company, for authority to revise its rates effective 1/1/97, in its Biennial Cost Allocation Proceeding, for a total reduction in annual revenue of approximately $147.9 million (5.7%), and A96-04-030 San Diego Gas & Electric Company, for authority to revise its rates effective January 1, 1997 in its Biennial Cost Allocation Proceeding for an approximately $42 million decrease over presently authorized revenues; Application for Rehearing D98-07-100 by Southern California Gas Company 9/14/98 Application for Rehearing D98-07-100 by Southern California Edison Company 9/14/98 Application for Rehearing D98-07-100 by Southern California Utility Power Pool and Imperial Irrigation District 9/16/98 C97-12-019 William Firschein, AIA vs. Continental Cablevision/Media One, for refusing to monitor and/or to verify the levels of electromagnetic radiation due to faulty equipment or installations; Application for Rehearing of D98-09-007 by William Firschein DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * PRESIDING OFFICER'S DECISION * ARBITRATOR'S REPORTS NONE ADVICE LETTER FILINGS NONE MISCELLANEOUS TRANSPORTATION ITEMS September 17, 1998 Filings with Rail Safety and Carriers Division NONE MISCELLANEOUS TELECOMMUNICATION MATTERS September 17, 1998 NONE ADJOURNMENTS * RESETTINGS * SUBMISSIONS A97-12- Wetzell-Pacific Gas and Electric 020 Company for authority to increase I97-11- rates and charges for electric and gas 026 service, and related matter, Evidentiary Hearing held and continued to September 17 A95-10- Econome-Pacific Gas and Electric 024 Company, for authorization to implement a plan of reorganization, Evidentiary Hearing held and continued to September 17 A98-01- Minkin-San Diego and Electric Company 014 for authority to implement a distribution peformance based ratemaking mechanism, Evidentiary Hearing held and submitted on Reply Briefs due October 23 A96-03- Gottstein-Southern California Gas 031 Company for authority to revise its A96-04- rates in its BCAP, and related matter, 030 Prehearing Conference held and completed REMOVALS FROM CALENDAR NONE NEW SETTINGS 10/1/98 10:00 (PHC)-Guerdon L. Churchill, for a ALJ a.m. certificate of public convenience and McVicar A98-07- necessity to construct a Public Comr 034 Utility Sewer System near Valley Neeper Springs in Calaveras County, Commission Courtroom, San Francisco 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 9/22/98 9:30 NONE SCHEDULED a.m. 9/29/98 9:30 NONE SCHEDULED a.m. 10/6/98 9:30 NONE SCHEDULED a.m. 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 (FOA) = Final Oral Argument (EH) = Evidentiary Hearing (WS) = Workshop (PPH) = Public Participation (FPH) = Full Panel Hearing Hearing (IAM) = Initial Arbitration (AH) = Arbitration Hearing Meeting (M) = Mediation (CA) = Closing Argument 9/17/98 9:00 a.m. (EH)-Pacific Gas and Electric Company ALJ A.97-12- for authority to increase rates and Wetzell 020 charges for electric and gas service Comr Bilas effective 1/1/99, I.97-11- (EH)-Commission Order Instituting 026 Investigation into the out of service status of Pacific Gas and Electric Company's El Dorado hydroelectric project and the need to reduce electric rates related to this non- functioning electric generating facility Commission Courtroom, Hearing Room A, San Francisco (also September 18, September 21-25, September 28-October 2, October 5-9, October 13-16, December 14-18, San Francisco) 9/17/98 9:00 a.m. (EH)-Pacific Gas and Electric ALJ A.95-10- Company, for authorization to Econome 024 implement a plan of reorganization Comr which will result in a holding Neeper company structure, Commission Courtroom, San Francisco; (also September 18, (Closing Argument before Assigned Commissioner) for 9:00 am, November 24) 9/21/98 1:00 p.m. (PHC)-San Diego Gas & Electric ALJ Wright A98-06- Company, for authority to recover ISO- Comr Duque 048 PX implementation delay memorandum account costs and to establish the reasonableness of certain utility operations and expenses, Commission Courtroom, San Francisco 9/21/98 2:00 p.m. (PHC)-Bert L. Tate vs. Pacific ALJ Bushey C.98-05- Telesis for violation of its tariffs Comr. 043 and provisions of the Public Utility Duque Code by improper installation of the second telephone line, Commission Courtroom, San Francisco 9/22/98 10:00 (PHC)-Shannon Lightfoot vs. Pacific ALJ a.m. Gas and Electric Company to remove Ryerson C.98-06- electric pole at PG&E's expense, Comr. 032 Telephone Conference, San Francisco Duque 9/22/98 9:30 a.m. (PHC)-Commission Instituting ALJ I.98-07- Investigation into the operations of Rosenthal 039 Mark K. Sneed and Jose Luis-Ayala- Comr Duque Aroche a partnership dba El Corre A.97-10- Caminos 069 (PHC)-Jose Luis Ayala-Aroche dba El Corre Caminos to aquire and Mark K. Sneed and Jose Luis Ayala Aroche, a partnership dba El Correo Caminos, to transfer a certificate of public convenience and necessity to operate as a passenger stage corporation and certain other assets, Commission Courtroom, San Francisco 9/23/98 9:30 a.m. (PHC)-Isam M. Alziq to transfer and A ALJ A.98-06- & M United Group, LLC to acquire a Rosenthal 051 certificate of public convenience and Comr necessity and certain other assets, Conlon Commission Courtroom, San Francisco 9/23/98 10:00 (PHC)-Commission Order Instituting ALJ Kenney a.m. Rulemaking to address the Comr R.95-01- requirements of Assembly Bill 3643 Knight 020 and to develop new rules regarding Universal Service, I.95-01- (PHC)-Investigation on the 021 Commission's Own Motion into Universal Service and to comply with the mandates of Assembly Bill 3643, Commission Courtroom, San Francisco 9/23/98 10:00 (OA)-Southern California Water Company ALJ a.m. for authority to increase rates by Walker A98-03- $661,700 or 34.51% by 1999; by Comr 029 $249,000 or 9.71% in 2000; and by Duque $258,800, or 9.19% in 2001 in Desert District, and A98-03- (OA)-Southern California Water Company 030 for authority to increase rates by $1,292,300 or 11.34% in 1999; $279,700 or 2.20% in 2000, and $313,300 or 2.41% in 2001 in the San Dimas A98-03- District, and 031 (OA)-Southern California Water Company for authority to increase rates by $1,193,900 or 25.84% in 1999; $160,800 or 2.78% in 2000; and $190,600 or A98-03- 3.22% in 2001 in the San Gabriel 032 Valley District . and (OA)-Southern California Water Company for authority to increase rates by $3,286,200 or 17.48% in 1999; A98-03- $1,120,200 or 5.06% in 2000, and 033 $1,19993,400 or 5.13% in 2001 Orange District, and (OA)-Southern California Water Company for authority to increase rates for water service in its Ojai customer service area and increase rates for the General Office Allocation in all of its customer service areas in this A98-03- application including: Arden-Cordova, 034 Bay Point , Clearlake, Los Osos, Santa Maria, Simi Valley, Claremont, Barstow, Calipatria, Wrightwood, and Bear Valley Electric, and (OA)-Southern California Water Company for authority to increase rates by $13,141,800 or 22.86% in 1999; $3,262,300 or 4.64% in 2000, and $3,455.200 or 4.70% in 2001 in Metropolitan District. Commission Courtroom, San Francisco 9/23/98 7:00 p.m. (PPH)-San Diego Gas and Electric ALJ Minkin A.98-01- Company for authority to implement a Comr 014 distribution performance based Neeper ratemaking mechanism, Council Chamber, 12th Floor, City Administration Building, 202 C Street, San Diego, (also September 24, 7:00 p.m., Council Chamber, City Hall, 201 N. Broadway, Escondido 9/24/98 10:00 (PHC)-Airporter Inc., dba Santa Rosa ALJ a.m. Airporter, for authority to amend and DeUlloa A.98-08- modify its passenger certificate by Comr 001 removing the "By Reservation Only' Neeper restriction for the cities of Novato, Marinwood, Terra Linda, San Rafael, Corte Madera, and Mill Valley, A.98-07- Airporter, Inc. dba Santa Rosa 035 Airporter to amend its authority to operate as a passenger stage corporation between Caltrans' Park and Ride Stop, at Rowland Boulevard and U.S. Highway 101 and the San Francisco and Oakland International Airports, Commission Courtroom, San Francisco 9/25/98 9:00 a.m. (WS)-Order Instituting Rulemaking on ALJ R.95-04- the Commission's Own Motion into Pulsifer 043 Competition for Local Exchange Comr Service, Conlon I.95-04- (WS)-Order Instituting Investigation 044 on the Commission's Own Motion into Competition for Local Exchange Service, Commission Training Room, San Francisco (also October 16, November 13) 9/25/98 10:00 (PHC)-Commission Order Instituting ALJ a.m. Investigation, into the operations, Bushey I98-08- practices, and conduct of Coral Comr 004 Communications, Inc. (Coral) and Duque Michael Tinari, President of Coral; William Gallo, Senior Vice President of Coral; Devon Porcella, Vice President of Sales and Operations of Coral; Neal Deleo, Vice President Finance and MIS of Coral to determine whether the corporation or its principals have operated within California without having a certificate to operate from the Commission and whether they have charged California subscribers for telecommunications services the subscribers never authorized, Commission Courtroom, San Francisco 9/28/98 10:00 (PHC)-Commission Order Instituting ALJ a.m. Investigation into the operations and McVicar I.98-09- practices of Pacific Gas and Electric Comr 007 Company in connection with compliance Duque with PU Code Section 451, General Comr Order 95, and other applicable Neeper standards governing tree-line clearances, Commission Courtroom, San Francisco 9/28/98 10:00 (EH)-San Diego Gas & Electric Company ALJ a.m. for authority to increase its Barnett A98-05- authorized return on common equity, Comr 019 to adjust its existing ratemaking Duque capital structure, to adjust its authorized embedded costs of debt and preferred stock, to decrease its overall rate of return, and to revise its electric distribution and gas rates accordingly, A98-05- (EH)-Pacific Gas and Electric Company 021 for authority to establish its authorized rates of return on common equity for electric distribution and gas distribution, and establish its unbundled rates of return for calendar year 1999 for electric distribution and gas distribution, A98-05- (EH)-Southern California Edison 024 Company for consideration of unbundled rate of return on common equity, capital structure, cost factors, for embedded debt and preferred stock, and overall rate of return for utility operations, Commission Courtroom, San Francisco (also, September 29-30; October 1-14, San Francisco) 9/28/98 10:00 (EH)-Rulemaking on the Commission's ALJ a.m. own motion into competition for local Pulsifer R95-04- exchange service, and Comr 043 (EH)-Investigation on the Conlon I95-04- Commission's own motion into 044 competition for local exchange service, Commission Courtroom, San Francisco (also September 29 and 30, and October 1 and 2, San Francisco) 9/28/98 2:00 p.m. (PHC)-The Utility Consumers' Action ALJ Bushey C.98-06- Network vs. MCI Metro Access Comr 016 Transmission Services, Inc., for Neeper unlawful pricing and billing practices, unlawful instances of slamming; and violations of privacy, Commission Courtroom, San Francisco 9/29/98 2:00 p.m. (PHC)-San Diego Gas and Electric ALJ A.98-07- Company and Southern California Gas Weissman 005 Company for approval of a gas Comr Bilas transmission service tariff, Commission Courtroom, San Francisco 9/30/98 10:00 (PHC) Michael Monasky, et. al. vs. ALJ Bushey a.m. Citizens Communications for failure Comr C.98-03- to identify measured service calls Neeper 008 and to justify high bills, California Energy Commission, Second Floor Conference Room, 1516 Ninth St., (corner of P St.) Sacramento 9/30/98 2:00 p.m. (PHC)-Commission's rulemaking to ALJ R.92-03- consider the line extension rules of Patrick 050 electric and gas utilities, Comr Bilas C.89-10- (PHC)-Utility Design, Inc. and 054 Utility Contractors, Inc. vs. Pacific Gas and Electric Company, that defendant is engaging in anti- competitive activities re installation of gas and electric line extensions, Commission Courtroom, San Francisco 10/1/98 10:00 (PHC)-Guerdon L. Churchill, for a ALJ a.m. certificate of public convenience and McVicar A98-07- necessity to construct a Public Comr 034 Utility Sewer System near Valley Neeper Springs in Calaveras County, Commission Courtroom, San Francisco 10/1/98 10:00 (EH)-The Home Owners Association of ALJ a.m. Lamplighter vs. The Lamplighter Weissman C.98-02- Mobile Home Park, et al for improper Comr 045 charges for capital improvements to a Conlon submetered system beyond what Lamplighter Mobile receives through the submetering discount, State Office Building, 50 D Street, Santa Rosa 10/1/98 10:00 (EH)-Leo Ferrick on behalf of the ALJ a.m. Laguna Shores Vacation Plan Owners DeUlloa C.98-03- Association vs. General Telephone for Comr 049 improperly charging commercial rates Knight for residential customers, City Hall, Council Chamber, 200 South Anaheim Blvd., Anaheim, California 10/1/98 2:00 p.m. (PHC)-Southern California Edison ALJ A98-05- Company to report on the valuation Patrick 014 process for certain generation- Comr related assets pursuant to D.97-11- Conlon A.98-05- 074, 022 (PHC)-Application of Pacific Gas and Electric Company to report assessment of inventory balances and to address appraisal of retained generation assets, Commission Courtroom, San Francisco 10/2/98 10:00 (PHC)-The Utility Consumers' Action ALJ a.m. Network vs. Pacific Bell for unlawful Bushey C.98-04- and deceptive sales program and Comr 004 practices, Neeper (PHC)-The Greenlining Institute and C.98-06- Latino Issues Forum vs. Pacific Bell, 003 for deceptive sales practices, false and deceptive advertising, unfair competition and invasion of privacy, (PHC)-The Utility Consumers' Action C.98-06- Network vs. Pacific Bell for unlawful 027 marketing and education of the Caller ID and related services, Commission Courtroom, San Francisco 10/2/98 10:00 (PHC)-Marna An Powell and Donna M. ALJ a.m. Hufford vs. GTE Northwest dba GTE West Walker C.97-09- Coast for enlargement of the 488 Comr. 056 prefix to include a toll free one-way Duque extended area services, (EH for 11:00 a.m.) Orick Community Center, 101 Swan Road, Orick 10/5/98 10:00 (PHC)-Universal Studios, Inc., vs. ALJ Minkin a.m. Southern California Edison Company Comr C.98-04- for non-compliance with AB-1890 for Conlon 037 improper transition charges, Telephone Conference, San Francisco 10/8/98 2:00 p.m. (PHC)-Pacific Gas and Electric ALJ A.98-05- Company to establish the eligibility Minkin 004 and seek recovery of certain electric Comr industry restructuring implementation Bilas costs as provided for in Public A.98-05- Utilities Code Section 376, 006 (PHC)-San Diego Gas and Electric Company for (1) a determination of eligibility for recovery under Public Utilities Code section 376 of certain cost categories and activities, (2) a finding of reasonableness of the costs incurred through 12/31/97, (3) approval of an audit methodology for verifying the eligibility of section A.98-05- 376 costs for recovery from 1998 015 through 2001, and (4) approval of a section 376 balancing account mechanism to recover eligible costs, (PHC)-Southern California Edison Company to address restructuring implementation costs pursuant to Public Utilities Code section 376 in compliance with Ordering Paragraph 18 of D97-11-074, Commission Courtroom, San Francisco (also (EH) 10:00 a.m., October 19-29; (EH and CA) 9:00 a.m., October 30) 10/19/98 10:00 (EH)-San Diego Gas and Electric ALJ a.m. Company for authority to revise line Gottstein A.98-06- loss factors for energy payments to Comr 045 qualifying facility generators, Neeper Commission Courtroom, San Francisco (also for 9:00 a.m., October 20-21) 10/22/98 9:00 a.m. (EH)-Richard Minetto vs. Sierra ALJ C.98-05- Pacific Power Company and Sierra Barnett 055 Pacific Energy Company for violations Comr of the affiliate transaction rules of Knight the Commission's Rulemaking R97-04- 011, City Hall, Council Chamber, Second Floor, 490 Center St., Reno 10/22/98 10:00 (EH)-Digital Cellular, Inc., vs. ALJ a.m. AirTouch Cellular for failure to DeUlloa C.98-07- convert the customer base in a timely Comr Duque 033 and appropriate manner, Commission Courtroom, Los Angeles (also October 23) 11/2/98 10:00 (EH)-Application of Pacific Gas and ALJ a.m. Electric Company for approval of Gottstein A.98-05- demand-side management shareholder Comr 001 incentives for 1997 program year Neeper accomplishments and second claim for incentives for 1996 program year accomplishments, A98-05- (EH)-San Diego Gas & Electric Company 005 to incrase its gas and electric revenue requirements to reflect its accomplishments for demand-side management program years 1996 and 1997 in the 1998 annual earnings A.98-05- assessment proceeding, 013 (EH)-Southern California Edison Company for approval of demand-side management shareholder incentives for 1997 program year accomplishments and the second installment of shareholder A.98-05- incentives for the 1996 program year, 018 (EH)-Southern California Gas Company for authority to increase its gas revenue requirements to reflect its accomplishments for demand-side management program years 1994, 1995, and 1996 in the 1997 annual earnings assessment proceeding Commission Courtroom, San Francisco (also for 9:00 a.m., November 3-5, 10:00 a.m., November 9, 9:00 a.m., November 10-13; (CA) 10:00 a.m., December 8 11/3/98 10:00 (EH)-Southern California Water ALJ Walker a.m. Company to increase rates in order to Comr A.96-11- recover costs resulting from Conlon 007 participation in the State Water Project under contract with the Central Coast Water Authority and other related costs to deliver water in its Santa Maria District, Commission Courtroom, San Francisco (also November 4-6) 11/4/98 7:00 p.m. (PPH)-In the matter of the ALJ Galvin A.98-05- application of Pacific Bell for Comr Duque 038 authority for pricing flexibility and to increase prices of certain operator services, to reduce the number of monthly directory assistance call allowances, and adjust prices for four centrex optional features, Council Chambers, 12th Floor, City Administration Building, 202 C Street, San Diego (also November 17, Ted C. Wills Community Center, 770 North San Pablo Avenue, Fresno; November 18, San Jose Unified School District, Board Room, 855 Lenzen Avenue, San Jose; November 24, Council Chambers, Room 247, 100 North Garfield Avenue, Pasadena; November 30, County Board Chamber, 700 H St., Suite 1450, Sacramento, Parking A & G; (EH) 10:00 a.m., December 7-9, Commission Courtroom, San Francisco) 11/16/98 10:00 (EH)-Pac-West Telecomm, Inc., vs. ALJ a.m. Evans Telephone Company and Volcano Pulsifer C.98-04- Telephone Company for unlawful acts Comr 046 of charging toll rates for local Neeper calls placed by their customers to complainant Pac-West customers, Commission Courtroom, San Francisco (also November 17-19) 11/16/98 10:00 (EH)-Internet Specialties West vs. ALJ Walker a.m. GTE for improper disconnection of Comr C.98-05- ISDN over Centranet services, Neeper. 054 Commission Courtroom, Los Angeles (also November 17) 12/7/98 10:00 (EH)-Pacific Bell for authority for ALJ a.m. pricing flexibility and to increase Galvin A.98-05- prices of certain operator services to Comr 038 reduce the number of monthly directory Duque assistance call allowances and adjust prices for four centrex optional features, Commission Courtroom, San Francisco (also December 8-9) 12/17/98 10:00 (EH)-Unocal California Pipeline ALJ a.m. Company for authority to remove its Barnett A.98-04- line 700B oil pipeline in Los Angeles Comr 015 County from carrier service, Bilas Commission Courtroom, Los Angeles (also December 18) 1/5/99 10:00 (EH)-San Diego Gas and Electric ALJ a.m. Company for authority to sell Barnett A.97-12- electrical generation facilities and Comr 039 power contracts, Conlon Commission Courtroom, San Francisco Comr Bilas (also January 6-8, January 11-14) 1/12/99 9:00 a.m. (PHC)-Pacific Gas and Electric ALJ A.98-04- Company for Commission order finding Stalder 003 that its electric operations during Comr Duque the reasonableness period from January 1, 1997 to December 31, 1997 as well as certain of its gas operations during the reasonableness periods from January 1, 1996 to December 31, 1996 and January 1, 1997 to December 31, 1997, were prudent; made to seek recovery of costs related to the ISO-PX Implementation Delay Memorandum Account, Commission Courtroom, San Francisco (also (EH) February 1-16) 1/18/99 10:00 (EH)-Rulemaking on the Commission's ALJ Walwyn a.m. Own Motion to Govern Open Access to Comr Bilas R.93-04- Bottleneck Services and Establish a Comr Duque 003 Framework for Network Architecture Development of Dominant Carrier Networks, I.93-04- (EH)-Investigation of the 002 Commission's Own Motion into Open Access and Network Architecture Development of Dominant Carrier Networks, Commission Courtroom, San Francisco (also January 19-22, 1999) 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 ALL-PARTY MEETINGS (PU Code 1701.3(c) ) NONE 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. 9/15/98 A97-11-004 Pacific Gas and Electric Company, to identify cost savings for revenue cycle services provided by other entities and to propose credits for end-use customers in such circumstances. A97-11-011 Southern California Edison Company, to identify cost savings for revenue cycle services provided by other entities and to propose net avoided cost credits for end-use customers in such circumstances for implementation on 1/1/99. A97-12-012 San Diego Gas & Electric Company, to identify cost savings for revenue cycle services provided by other entities and to propose credits for end-use customers in such circumstances for implementation no later than 1/1/99. Summary: On September 10, 1998 a representative of Southern California Edison ("SCE"), Bruce C. Foster, Vice President of Regulatory Policy & Affairs made oral ex parte comments before Commissioner Conlon and his advisor, James Hendry. The occasion was an all party meeting held at CPUC. SCE's Notice of Ex Parte Communications indicated that Pacific Gas & Electric (PG&E) initiated the meeting. In addition to the aforesaid two (2) entities, other attendees included representatives from CCUE, SoCalWater (dba BE), San Diego Gas & Electric, DGS, California Energy Commission, CellNet, Enron, and the Energy Divison of PUC. Mr. Foster stated SCE agreed with the administrative law judge's proposed decision ("PD") in regard to revenue cycle service ("RCS") calculation based on the utility's net avoided cost of providing those services. He said that Enron and CellNet failed in their burden of proving their methodology satisfies Commission policy regarding RCS cost credits. SCE is concerned, he said, that several methodological aspects of the PD will result in cost credits not accurately reflecting SCE's net avoided costs. One difference between SCE and San Diego Gas & Electric ("SDG&E"), according to Mr. Foster, is that SDG&E assumes all labor costs are available. But some labor costs cannot be avoided, he said, citing the example of meter reading and the necessity to drive to the route and then walk the route. Mr. Foster then said the PD incorrectly rejects proposed geographic deaveraging. He said that SCE's proposal was intended to mitigate the risk of improper "cherry picking" and cost shifting, as energy service providers ("ESP") move to serve average, as opposed to poor paying, customers. Mr. Foster concluded by saying SCE identified savings that could be accomplished if up to 10% penetration occurred, an assumption he said that errs on the side of providing too large a credit for 1999. Filer: Edison Fax (626) 302-3990 Contact: James M. Lehrer Phone: (626) 302-3252 Summary: LATE FILED. On September 8, 1998, Southern California Edison ("SCE") representatives Bruce C. Foster and Mike Hoover engaged in oral ex parte communications with Commissioner Neeper in a meeting at CPUC initiated by SCE. Mr. Foster praised the administrative law judge's proposed decision ("PD") with respect to revenue cycle service ("RCS") credits being calculated on the utility's net avoided cost of providing those services. He expressed concern, however, that several methodological aspects of the PD will result in cost credits not accurately reflecting SCE's net avoided costs. Mr. Foster further stated one of the significant differences between SCE and SDG&E with respect to the PD's methodology is that SDG&E assumes all labor costs are avoidable. Mr. Foster stated basing SCE's credits on SDG&E's methodology is contrary to the principle of accurately reflecting net avoided costs. Mr. Foster then pointed out the PD incorrectly rejects proposed geographic deaveraging. SCE, like the other utilities, identified savings that could be accomplished if up to 10% penetration occurred according to Mr. Foster's commentary. He concluded by saying this assumption, if anything, errs on the side or providing too large a credit for 1999, during which the penetration level is very likely to remain in the 1 to 2% range. Filer: Edison Fax (626) 302-3990 Contact: James M. Lehrer Phone: (626) 302-3252 9/15/98 A97-12-043 Southern California Edison Company, for order approving termination agreement for termination of Interim Standard Offer No. 4 Power Purchase Agreement with Harbor Cogeneration Company Summary: On September 10 and 11, 1998, Elizabeth M. Matthias, senior attorney for Southern California Edison ("SCE"), engaged in oral telephonic ex parte communications with Administrative Law Judge ("ALJ") Gottstein. On 9/10/98 Ms Matthias stated she would be sending to the ALJ a copy of a letter agreement between SCE and Harbor Cogeneration Company that was referenced in SCE's comments on the proposed decision ("PD"). She added the letter agreement amends the contract termination agreement in two ways..(and listed those ways). Ms Matthias expressed SCE's desire to have the PD voted upon by CPUC as soon as possible, and stated SCE's desire to cooperate to that end. In the telephone call of 9/11/98 initiated by the ALJ, Ms Matthias clarified that the letter agreement is a public document and that it was sent to all parties. Ms Matthias further discussed SCE intentions to file comments on the PD by fax, and that she (Ms Matthias) would advise the other parties to do the same. Filer: Edison Contact: Anthony Archer Phone: (626) 302-3104 9/15/98 A97-05-027 Southern California Edison Company, for an order approving the settlement agreements between Southern California Edison Company and winning bidders in Edison's biennial resource plan update auction. Summary: On September 10, 1998, Zond Systems, Inc. ("Zond") and others engaged in oral ex parte communications with Commissioner Knight and his advisor, Robert Lane, during a meeting held at CPUC. Zond initiated the meeting, and filed the Notice of Ex Parte Communications on behalf of all attendees. Zond was represented by attorney Sara Steck Myers, with the other representatives and parties: (a) attorney Steven F. Greenwald on behalf of Oxbow Power Company and Bowerman Renewable Power Partners, L.P. and Olinda Renewable Power Partners, L.P. and (b) Frank De Rosa (Vice President, Western Region), on behalf of U.S. Generating Company. The notice indicated Ms Myers and Mr. De Rosa updated the commissioner on the status of A97-05-027. Mr. De Rosa stated the settlements in the proceeding are consistent with the directives of both the PUC and the Federal Energy Regulatory Commission ("FERC") to settle the Biennial Resource Plan Update ("BRPU") in 1995 and are consistent with AB 1890. Both Mr. De Rosa and Mr. Greenwald indicated U.S. Generating and Oxbow are still honoring the option agreements and that the agreements are a backstop available to Southern California Edison ("Edison") and others in the event new, cost effective capacity did not materialize due to discontinuation of long term contracts. Ms Myers urged a decision be based on facts and law in effect at the time the parties were asked by PUC and FERC to settle, rather than litigate the BRPU. She stated Zond had wanted and intended to build a project in response to the BRPU auction and that, as a winning bidder, had a legally enforceable basis on which to proceed. Instead, she said, Zond had acted in response to PUC and FERC and, to resolve the matter, had settled with Edison. The three (3) representatives urged a Commission decision by the end of the year. Filer: Zond Systems, Inc. Contact: Sara Steck Myers Phone: (415) 387-1904 9/15/98 A97-07-015 Southwest Gas Corporation, to modify the terms and conditions of the certificate of public convenience and necessity granted in D95-04-075 to provide natural gas service in areas of El Dorado, Nevada, and Placer Counties Summary: On September 10, 1998, a Southwest Gas Corporation ("Southwest") official communicated in writing to each of the five (5) commissioners by providing them a copy of a letter written by the company to the Town Manager of Truckee. Southwest's Mr. James P. Kane (Senior Vice President/Operations) wrote to Town Manager Stephen L. Wright on 9/10/98, with a subject line on the letter of "Status of Truckee Expansion Project." In his letter, Mr. Kane told Town Manager Wright that Southwest was requesting from PUC a rehearing of D98-07-031, that the company had continued to engage in construction activities necessary to providing natural gas services to the Truckee area, and that Southwest denied any assertion they were disregarding D98-07-031. Mr.Kane indicated to Mr. Wright he had sent a letter on 7/9/98 to Jon Lander and was enclosing a copy for the town manager. In the letter's last paragraph Mr. Kane cited examples of the town's failure to cooperate with Southwest and indicated "Truckee's present posture will likely only contribute to more contention and to increased costs for all entities who are involved." A copy of Southwest's 9/10/98 letter is attached to the Notice of Ex Parte Communications. The 9/10/98 letter noted that the commissioners were not provided a copy of the 7/9/98 letter, e.g. "(w/o enc.)." Filer: Southwest Gas Corporation Contact: Keith Brown Phone: (702) 876-7157 9/15/98 A97-12-043 Southern California Edison Company, for order approving termination agreement for termination of Interim Standard Offer No. 4 Power Purchase Agreement with Harbor Cogeneration Company A98-04-003 Pacific Gas and Electric Company, for Commission order finding that its electric operations during the reasonableness period from January 1, 1997 to December 31, 1997, as well as certain of its gas operations during the reasonableness periods from January 1, 1996 to December 31, 1996 and January 1, 1997 to December 31, 1997, were prudent Summary: LATE FILED. On September 9, 1998 Sempra Energy representative Claudine Swartz on behalf of Southern California Gas Company ("SoCalGas") met with Michelle Cooke, advisor to Commissioner Duque, and conveyed oral ex parte communications to the advisor. Ms Swartz urged the Commission to consider the interests of gas ratepayers in the proposed decision for A97-12-043. She said the proposed decision ("PD") limits SoCalGas' ability to reach settlement with other qualifying facilities during the restructuring process as it did with Sunlaw Cogeneration. She said language should be added to clarify that SoCalGas is not preempted from participating in other specific qualifying facility restructuring cases. Before departing, Ms Swartz urged quick resolution of SoCalGas' motion for reconsideration of an assigned commissioner's ruling in A98-04-003. Filer: Sempra E-Mail: gbrooks@sempra.com Contact: Gwen Brooks Phone: (415) 202-9999 Summary: On September 10, 1998 Sempra Energy representative Claudine Swartz on behalf of Southern California Gas Company ("SoCalGas") spoke via telephone to David Gamson, advisor to Commissioner Neeper. Ms Swartz urged the addition of language in the proposed decision ("PD") to clarify that PUC is still considering the policy question of whether gas ratepayer interest should be considered in R94-04-031/I94-04- 032 as well as additional, specific qualifying facility restructuring cases. She urged consideration of interests of gas ratepayers in the PD. She explained the PD limits SoCalGas' ability to reach settlement with other qualifying facilities during the restructuring process as it did with Sunlaw Cogeneration. The PD should also clarify, she said, that PUC is considering whether gas ratepayer interests should be considered in R94-04-031/I94-04-032. Ms Swartz further said language should be added to clarify that SoCalGas is not preempted from participating in other specific qualifying facility restructuring cases. Before departing, Ms Swartz urged quick resolution of SoCalGas' motion for reconsideration of an assigned commissioner's ruling in A98-04-003. Filer: Sempra E-Mail: gbrooks@sempra.com Contact: Gwen Brooks Phone: (415) 202-9999