Daily Calendar California Public Utilities Commission Thursday, October 15, 1998 Page 31 Public Utilities Commission of the State of California Wesley M. Franklin, Executive Director Headquarters Southern California Office 505 Van Ness Avenue 107 So. Broadway, Room 5109 San Francisco, CA 94102 Los Angeles, CA 90012 (415) 703-2782 (213) 897-2973 Website: http://www.cpuc.ca.gov Daily Calendar Thursday, October 15, 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 October 22, 10 am San Francisco 1998 November 5, 10 am San Francisco 1998 November 19, 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 19, 1:30 pm San Francisco 1998 November 2, 1:30 pm San Francisco 1998 November 16, 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 NONE PUBLIC MEETINGS & WORKSHOPS 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 15, 1998 California Public Utilities 1:30 pm - 4 pm Commission 505 Van Ness Avenue, Room 3204 (Corner of Van Ness and McAllister Street) San Francisco The Universal Lifeline Telephone Service (ULTS) Administrative Committee will hold its regularly scheduled monthly meeting to address the following: Review/Approve Meeting Minutes, Review/Approve Telephone Claims, Review/Approve ULTS/ULTSMB Administrative Expenses and Authorize Administrative Transfer, PUC Report and Action Items, Review/Acceptance of the Amervest Report, Review/Approve Administrative Report and Action Items, Review/Approve ULTS 1999 Administrative Budget, 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, and/or receive a meeting packet, please notify the ULTS Trust Office at (510) 452-2757. Public Meeting October 16, 1998 California Public Utilities 9 am - 4 pm Commission 505 Van Ness Avenue, Training Room (Corner of Van Ness and McAllister Street) 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 October 16, 1998 second workshop will further 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. Proposals regarding voting membership and mechanisms, and what constitutes consensus of the Task Force, should be E- mailed to all participants by October 9, 1998, so participants will have time to review all proposals. Participants should come prepared to adopt a definition of consensus and rules regarding voting membership and mechanisms at the October 16, 1998 meeting. Commission staff will E-mail a participants list to all concerned by October 2, 1998. Participants must E-mail their proposals to everyone on the participants list by October 9, 1998. Any persons interested in being included on the participants list who were not in attendance at the September 25, 1998 meeting should contact Mary Jo Borak, at 415/703-1879, Email: BOR@CPUC.CA.GOV or Risa Hernandez at 415/703-5331, Email: RHH@CPUC.CA.GOV Participants should come prepared to nominate persons to the Task Force, and adopt self-governance rules regarding voting membership and mechanisms. Following the adoption of the above matters, the Task Force will then begin its work dealing with the substantive issues associated with implementing number pooling in California. If you plan to attend the October 16, 1998 workshop please RSVP by October 14, 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 If specialized accommodations for the disabled are needed, call the Public Advisor at (415) 703-2032 five working days in advance of the event. Workshop Notice October 16, 1998 California Public Utilities 10 am Commission 505 Van Ness Avenue Commission Auditorium San Francisco Pursuant to D.98-09-070, Ordering Paragraph 2, the Energy Division staff will conduct a workshop to discuss the Utility Distribution Company (UDC) Advice Letters implementing service fees for billing services. Workshop objectives are as follows: To clearly define the service fees proposed by each utility. To map and match between utilities the activities that underlie the service fees, noting where differences lie. To clearly define the positions of other interested parties and the reasons for the inclusion or exclusion of an activity or estimate. To resolve as many issues as possible regarding the level of the service fees to be implemented by Commission Resolution on or before January 1, 1999. The workshop is open to the public and the Commission Auditorium is wheelchair accessible. For more information contact Kathryn Auriemma of the Energy Division (phone: 415- 703-2072). Public Meeting - REVISED AS OF 9/30/98 October 20, 1998 Pacific Gas and Electric Company 10 am - 4 pm Energy Center 851 Howard Street (1 block west of Designated Conference the Moscone Center) Leader: San Francisco Sharon Weinberg/PG&E To join via teleconference: Dial: (415) 904-8907 Reservation No. #4590512 Passcode: 2408347# As provided for in Public Utilities Commission D.97-09-117, one or more LIGB Advisory Committee members may be participating in this meeting via teleconference. Members of the public may participate in the meeting by calling the above number on the day of the meeting. If you experience difficulty in trying to access this conference call, please contact Confertech at 1-800-314-3558. 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 October 20,, 1998 CPUC Office Of Ratepayer Advocates- 12 noon to 6 pm Sacramento Union Bank Building 10th Floor 770 "L" Street (corner of 8th & L) Suite 1050 Sacramento, CA 95814 The California Board For Energy Efficiency Agenda items listed below but not covered on October 13th will be continued and heard at this meeting. Discussion and potential resolution of the following topics: the status of the Request for Proposals for Energy Efficiency Program Administrators (D. 98-07-036); 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 Mark Thayer (619) 594-5510. For further details about CBEE and this meeting consult the CBEE Web Page at www.cbee.org. Public Meeting - TIME CHANGE (REVISED AS OF 9/30/98) October 21, 1998 Pacific Gas and Electric Company 9 am - 3 pm Energy Center 851 Howard Street (1 block west of Designated Conference the Moscone Center) Leader: San Francisco Sharon Weinberg/PG&E To join via teleconference: Dial: (415) 904-8907 Reservation No. #4590512 Passcode: 2408347# As provided for in Public Utilities Commission D.97-09-117, one or more LIGB Advisory Committee members may be participating in this meeting via teleconference. Members of the public may participate in the meeting by calling the above number on the day of the meeting. If you experience difficulty in trying to access this conference call, please contact Confertech at 1-800-314-3558. 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 - DATE CHANGE (REVISED AS OF 10/14/98) October 21, 1998 California Public Utilities 9:30 am -3:30 pm Commission 505 Van Ness Avenue, Room 3204 (Corner of Van Ness Avenue and McAllister Street) San Francisco 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, PUC Report and Action Items, Proposed Interim Marketing Program Discussion and Planning, Review/Approve Request For Proposals (RFP) for ULTSMB Interim Marketing Program Advertising, Review Previous Studies and Data, Presentation/Information on 800 call center by the Consumer Services Division, Presentation/Information on RFP Requirements by Barbara Morton, 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. Public Meeting October 21, 1998 California Public Utilities Lottery begins at 1:30 Commission pm 505 Van Ness Avenue, Training Room (Corner of Van Ness and McAllister Street) San Francisco LOTTERY FOR TELEPHONE NUMBER PREFIX ASSIGNMENTS IN THE 209/559, 213/323, 310, 408/831, 415, 510/925, 619, 714/949, 805/661, 818, AND 909 NUMBERING PLAN AREAS The Telecommunications Division of the California Public Utilities Commission will be conducting a lottery to determine allocations of central office codes (NXXs) in the 209/559, 213/323, 310, 408/831, 415, 510/925, 619, 714/949, 805/661, 818, and 909 area codes pursuant to the provisions of D.96-09-087. Applications should be submitted to the California Code Administrator prior to the close of business on October 13, 1998. All companies applying for central office codes must have a Jeopardy COCUS (Central Office Code Utilization Survey) on file with the California Code Administrator. For information on the Jeopardy COCUS filing, call (925) 363-8736. For information on the lottery process, call (415) 703- 1879. If specialized accommodations for the disabled are needed, call the Public Advisor at (415) 703- 2032 five working days in advance of the event. Public Meeting October 22, 1998 Deaf and Disabled 1:30 pm - 4:30 pm Telecommunications Program 1939 Harrison Street DDTP 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. 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. Workshop Notice - REVISED AS OF 10/14/98 October 26, 1998 Southern California Gas Company 10 am - 4 pm Tower 555 West Fifth Street, Room 2A Los Angeles, CA (Secured Building Site: You must register with security desk for access to meeting located on the 2nd floor) October 27, 1998 California Public Utilities 9 am - 4pm Commission 505 Van Ness Avenue, Hearing Room C San Francisco, CA Conference Call Note: If you experience problems Information trying to access this conference For October 26 & 27, call please contact Confertech at 1998 dial (415) 904-8907 1-800-525-8244 and have them Passcode: 2408347# verify the Dial-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: Review and approve agenda, public comment, Chairperson's report, review and approval of meeting minutes (9/28-29, 10/13-14), Subcommittee reports, legislative update, preparation for Commission public hearing, and discuss program changes for CARE and LIEE. Agendas for both meetings are being developed and can be obtained from the LIGB's website at www.ligb.org. The October 27, 1998 meeting will adjourn into the Commission's public hearing at 10 am and reconvene if the Commission's public hearing adjourns before 4 pm. The meetings are open to the public. For more information contact Sharon Weinberg at (510) 251-2888, extension 2025. Public Meeting October 28, 1998 California Public Utilities 10 am - 3 pm Commission 505 Van Ness Avenue, Room 4206 (Corner of Van Ness and McAllister Street) San Francisco The TDD Placement Interim Committee will conduct a monthly meeting. For more information, please contact Adam Thaler at (415) 703-1157. Public Meeting October 29, 1998 Deaf and Disabled 2 pm - 5 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 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 9, 1998 Pacific Gas and Electric Company 8:30 am - 12 pm Energy Center 851 Howard Street (1 block west of Designated Conference the Moscone Center) Leader: San Francisco Sharon Weinberg/PG&E To join via teleconference: Dial: (415) 904-8907 Reservation No. #4590512 Passcode: 2408347# As provided for in Public Utilities Commission D.97-09-117, one or more LIGB Advisory Committee members may be participating in this meeting via teleconference. Members of the public may participate in the meeting by calling the above number on the day of the meeting. If you experience difficulty in trying to access this conference call, please contact Confertech at 1-800-314-3558. 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 - TIME CHANGE (REVISED AS OF 9/26/98) November 12, 1998 Deaf and Disabled 9:30 am - 4:30 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 9/30/98 I95-04-044 Petition #125, Rocky Mountain Broadband, Inc., for a certificate of public convenience and necessity to provide a competitive resold and facilities-based local exchange carrier service 10/1/98 A98-10-014 Airporter, Inc., dba Santa Rosa Airporter, for rehearing of Resolution TL-18864 granting Marin Airporter route revision request for an additional service point at the Embassy Suites Hotel in San Rafael (300 Larkspur Landing Circle, Larkspur, CA 94939; (415) 461-4203) PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * PRESIDING OFFICER'S DECISION * ARBITRATOR'S REPORTS NONE ADVICE LETTER FILINGS NONE MISCELLANEOUS TRANSPORTATION ITEMS October 15, 1998 Filings with Rail Safety and Carriers Division NONE MISCELLANEOUS TELECOMMUNICATION MATTERS October 15, 1998 Date Filed Subject October 1, Notice of filing of 1998 annual reports and 1998 proposed 1999 budgets by the Universal Lifeline Telephone Service Marketing Board and the Universal Lifeline Telephone Service Administrative Committee. Protests or comments should be made within 20 days from the date of this Daily Calendar and should be sent to the Director of Telecommunications Division - Jack Leutza in Room 3210. To obtain a copy of this request contact Ms. Terry Gray at (510) 452-2757 or 1970 Broadway, Suite 650, Oakland, CA 94612. October 1, Notice of filing by the California 1998 Teleconnect Fund (CTF) Administrative Committee of a proposed 1999 CTF budget and the suggested surcharge rate. Protests or comments should be made within 20 days from the date of this Daily Calendar and should be sent to the Director of Telecommunications Division - Jack Leutza in Room 3210. To obtain a copy of this budget contact Hassan Mirza at (415) 703-1638 or 505 Van Ness Avenue, San Francisco, CA 94102. October 1, Notice of filing by the California High Cost 1998 Fund-B (CHCF-B) Administrative Committee of a proposed 1999 CHCF-B budget and the suggested surcharge rate. Protests or comments should be made within 20 days from the date of this Daily Calendar and should be sent to the Director of Telecommunications Division - Jack Leutza in Room 3210. To obtain a copy of this budget contact Hassan Mirza at (415) 703-1638 or 505 Van Ness Avenue, San Francisco, CA 94102. 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 for October 15 A98-05- Barnett-San Diego Gas & Electric 019 Company for authority to increase its A98-05- authorized return on common equity, 021 and related matter, Evidentiary A98-05- Hearing held 024 and continued for October 15 C98-05- Walker-Internet Specialties West vs. 054 GTE California Inc., hearing set for November 16-17, reset for January 27- 28, 1999 REMOVALS FROM CALENDAR C98-02- Ryerson-City of Bakersfield vs. Union 047 Pacific Railroad Company for failure and refusal to maintain certain at- grade railroad crossings, hearing set for October 21 removed from calendar NEW SETTINGS 11/18/98 10:00 (EH)-For rehearing of Resolution G- ALJ a.m. 3233, Malcolm A.98-05- Commission Courtroom, San Francisco Comr Bilas 023 LAW AND MOTION Law and Motion Hearings are held before Administrative Law Judge Steven Kotz at 9:30 am in one of the Commission's San Francisco Office Hearing Rooms, unless otherwise noted. Law and Motion procedures are governed by Resolution ALJ 164. Copies of Resolution ALJ 164 are available from the Commission's Documents Desk (415) 703-1713 or from Central Files (415) 703-2045 10/20/98 9:30 NONE SCHEDULED a.m. 10/27/98 9:30 NONE SCHEDULED a.m. 11/3/98 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 10/15/98 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 Com`r effective 1/1/99, Bilas 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 October 16, December 14-18, San Francisco) 10/15/98 9:00 a.m. (EH)-San Diego Gas & Electric Company ALJ A.98-05- for authority to increase its Barnett 019 authorized return on common equity, Comr Duque A.98-05- (EH)-Pacific Gas and Electric Company 021 for authority to establish its authorized rates of return on common equity, A.98-05- (EH)-Southern California Edison 024 Company for consideration of unbundled rate of return on common equity, Commission Courtroom, San Francisco 10/15/98 1:30 p.m. (PHC)-Order Instituting Investigation ALJ I.97-04- into the operations and practices of Rosenthal 046 Future Telephone Communications and Comr. its President Manuel G. Zepeda, Jr., Bilas and Vice-President Carlos G. Zepeda, Commission Courtroom, San Francisco 10/16/98 10:00 (PHC)- California Water Service ALJ Vieth a.m. Company for a general rate increase to Comr Duque A.98-09- increase revenues by $897,400 or 6.1% 013 in the year 1999, $307,400 or 2.0%, in the year 2000, $369,000 or 2.3% in the year 2001, and $377,000 or 2.3% in the year 2002 in the Los Angeles District, A.98-09- (PHC)-California Water Service Company 014 for a general rate increase to increase revenues by $1,371,800 or 12.3% in the year 1999, $353,500 or 2.8% in the year 2000, $325, 100 or 2.5% in the year 2001, and $334,800 or A.98-09- 2.5% in the year 2002 in the Bear 015 Gulch district, (PHC)-California Water Company for an order authorizing it to increase rates A.98-09- charged for water service in the 016 Hermosa-Redondo district, (PHC)-California Water Service Company for an order authorizing it to increase rates charged for water service in the Visalia district Commission Courtroom, San Francisco 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) 10/21/98 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 S. Anaheim Blvd., Anaheim 10/21/98 10:00 (PHC)-Commission Order Instituting ALJ a.m. Investigation into the operations and Bushey I.98-04- practices of affiliated companies Comr 033 Future Net Inc., and Future Net Neeper Online, Inc., dba Future Electric Network and individuals Alan Setlin and Larry Huff, Commission Courtroom, San Francisco (also (EH) December 10- 11, December 15 10/21/98 10:00 (EH)-Pacific Gas and Electric Company ALJ Minkin a.m. to establish the eligibility r and Comr Bilas A98-05- seek recovery of certain electric 004 industry restructuring implementation costs as proviced for in Public Utilities Code Section 376, A.98-05- (EH)-San Diego Gas & Electric Company, 006 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 376 costs for recovery from A.98-05- 1998 through 2001, and (4) approval of 015 a Section 376 balancing account mechanism to recover eligible costs, (EH)-Southern California Edison Company, to address restructuring implementation costs pursuant to Public Utilities Code Section 376, in compliance with Ordering Paragraph 18 of D.97-11-074, Commission Courtroom, San Francisco (also October 22-23, October 26-30, November 2, November 3, 9:00 a.m.) 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 1:30 p.m. (PHC)-Island Boat Service for a ALJ A.97-03- certificate of public convenience and Ryerson 007 necessity to operate as an "on-call" Comr vessel common carrier between points Knight at and offshore of Santa Catalina Island, Commission Courtroom, Los Angeles 10/22/98 2:00 p.m. (PHC)-Commission Order Instituting ALJ R.96-11- Rulemaking to develop standards for Malcolm 004 electric system reliability and Comr safety pursuant to D96-09-073 Conlon consolidated with I95-02-015, Commission Courtroom, San Francisco 10/26/98 9:00 a.m. (PHC)-Michael A. Titell vs. GTE of ALJ Kenney C.96-09- California Inc., for unreasonable Comr Duque 035 telephone rates and charges, Telephone Conference, Commission Courtroom, San Francisco 10/27/98] 10:00 (EH)-Order Instituting Rulemaking on ALJ a.m. the Commission,'s proposed policies Gottstein R.98-07- and programs governing energy Comr 037 efficiency, low-income assistance, Neeper renewable energy and research development and demonstration, Commission Auditorium, San Francisco 10/28/98 10:00 (ECP)-Rosalinda M. Villarreal vs. ALJ Wright a.m. Pacific Gas and Electric Company, C.98-09- City Council Chambers, 1710 Tucker 028 St., Selma 10/29/98 1:30 p.m. (ECP)-Carmen E. Didley vs. GTE ALJ C.98-08- California, Inc., for improper Barnett 047 billings for calling card telephone service charges, Pomona Unified School District, Education Center, Room 116, 800 South Garey Avenue, Pomona 10/30/98 10:00 (PHC)-Pacific Bell vs. MCI ALJ a.m. Telecommunications Corporation and MCI DeUlloa C.98-06- Metro Access Transmission Services, Comr 028 Inc., Commission Courtroom, Knight San Francisco 10/30/98 10:00 (PHC)-Blue & Gold, L.P. for authority ALJ a.m. to increase fare levels for the McVicar A.98-07- transportation of passengers in vessel Comr Duque 047 common carriers service between Sausalito on the one hand, and authorized points in San Francisco, on the other hand, A.98-07- (PHC)-Blue and Gold Fleet, L.P. for 049 authority to increase fare levels for the transportation of passengers in vessel common carriers service between Tiburon, on the one hand, and authorized points in San Francisco, on A.98-07- the other hand, 050 (PHC)-Blue and Gold Fleet, L.P. for authority to increase fare levels for the transportation of passengers in vessel common carriers service between Angel Island, on the one hand, and authorized points in San Francisco on the other hand, Commission Courtroom, San Francisco 10/30/98 11:00 (ECP)-Carroll S. Hayes vs. R.R. Lewis ALJ Wright a.m. Small Water Company, City Council C.98-09- Chamber, 277 North Second Avenue, 022 Oakdale 11/2/98 10:00 (PHC)-Pacific Bell, Pacific Bell ALJ Kenney a.m. Public Communications vs. AT&T Comr Duque C.98-06- Communications of California, Inc., 008 for violation of the Commission's decisions and resolution 15782 by failing to remit the PSSC to Pacific Bell for intraLATA non-sent-paid calls originating on Pacific Bell payphones and for other related violations, Commission Courtroom, San Francisco (also (EH) November 30, December 1-2) 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 10:30 (EH)-Jose Luis Ayala-Aroche dba El ALJ a.m. Corre Caminos to acquire and Mark K. Rosenthal A.97-10- Sneed and Jose Luis Ayala-Aroche, a Comr Duque 069 partnership dba El Corre Caminos to transfer a certificate of public convenience and necessity to operate as a passenger stage corporation and I.98-07- certain other assets, 039 (EH)-Commission Instituting Investigation into the operations of Mark K. Sneed and Jose Luis Ayal- A.98-07- Aroche, a partnership dba El Corre 063 Caminos, (EH)-Mark K Sneed and Jose Luis Ayala- Arocha dba El Corre Caminos to amend certificate of Public Convenience and Necessity to operate as a passenger stage corporation (PO Box 1557, San Anselmo, CA 94979, (415) 455-9151), San Diego Service Center, Employment Development Department, 6145 Imperial Avenue, Room F, San Diego (also November 4-5) 11/3/98 11:00 (EH)-Southern California Water Company ALJ Walker a.m. to increase rates in order to recover Comr A.96-11- costs resulting from participation in Conlon 007 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 11:00 (PHC)-Commission Order Instituting ALJ a.m. Rulemaking on the Commission's own Weissman R.98-01- motion to assess and revise the ALJ 011 regulatory structure governing Malcolm California's natural gas industry, Comr Bilas Commission Courtroom, San Francisco (also (EH) 10:00 a.m., December 7-11) 11/4/98 9:00 a.m. (EH)-Wesley Crawford Muhammad and ALJ C.98-07- Shontelle Crawford Muhammad vs. Stalder 031 Pacific Gas and Electric Company Comr requesting to refund overcharged Neeper amounts, increase discounts and to restore medical baseline and LIRA baseline, County Administrative Building, 1115 Truxtun Ave., 5th Floor, Bakersfield 11/4/98 9:00 a.m. (EH)-Wesley Crawford Muhammad and ALJ C.98-07- Shontelle Crawford Muhammad vs. Stalder 031 Pacific Gas and Electric Company Comr requesting to refund overcharged Neeper amounts, increase discounts and to restore medical baseline and LIRA baseline, County Administrative Building, 1115 Truxtun Ave., 5th Floor, Bakersfield 11/4/98 7:00 p.m. (PPH)-In the matter of the application ALJ Galvin A.98-05- of Pacific Bell for authority for Comr Duque 038 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) 11/5/98 10:00 (PHC)-The Utility Consumers' Action ALJ Bushey a.m. Network vs. Pacific Bell for unlawful Comr C.98-04- and deceptive sales program and Neeper 004 practices, (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 11/6/98 9:00 a.m. (PHC)-Pacific Gas and Electric ALJ Minkin A.98-09- Company for review and recovery of the Comr Duque 003 costs, and recovery of the costs and Comr revenues in the transition cost Conlon A98-09- balancing account, 008 (PHC)-Southern California Edison Company to review and recover transition cost balancing account A98-09- entries and various generation-related 009 memorandum account entries, (PHC)-San Diego Gas and Electric Company for review and find reasonableness in the annual transition cost proceeding regarding the transition cost balancing account, Commission Courtroom, San Francisco 11/6/98 10:00 (EH)-Pamela Gruszka vs. San Diego Gas ALJ Wright a.m. and Electric Company, Council Chamber, Comr C.98-07- 202 C Street, San Diego Neeper 032 11/9/98 10:00 (ECP)-Rodney W. & LaDonna M. Lucas vs. ALJ Wright a.m. Southern California Gas Company, Comr C.98-03- Commission Courtroom, Los Angeles Conlon 055 11/12/98 10:00 (EH)-Pacific Gas and Electric Company ALJ a.m. to identify and separate components of Malcolm A.96-12- electric rates effective January 1, Comr Duque 009 1998, (EH)-San Diego Gas & Electric Company A.96-12- for authority to unbundle rates and 011 products, (EH)-Southern California Edison A.96-12- Company proposing the functional 019 separation of cost components for energy, transmission and ancillary services, distribution, public benefit programs, and nuclear decommissioning to be effective January 1, 1998 in conformance with D.95-12-036 as modified by D.96-01-009, the June 21, 1996 ruling of assigned Commissioner Duque, D.96-10-074, and Assembly Bill 1890, Commission Courtroom, San Francisco 11/13/98 9:00 a.m. (PHC)-Commission Order Instituting ALJ I98-08- Investigation, into the operations, Bushey 004 practices, and conduct of Coral Comr 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 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) 11/18/98 10:00 (EH)-For rehearing of Resolution G- ALJ a.m. 3233, Malcolm A.98-05- Commission Courtroom, San Francisco Comr Bilas 023 11/23/98 1:00 p.m. (EH)-Bunteang Chay and Tha Chan vs. ALJ Weiss C.98-04- Pacific Gas and Electric Company for Comr 056 estopping from collecting a debt Conlon resulting from the complainant's alleged use of unmetered energy, City Hall, Council Chamber, 2600 Fresno St., Fresno 11/30/98 10:00 (PHC)-Southern California Gas Company ALJ a.m. for authority to sell its storage Stalder A.98-01- field in Montebello, California, Comr 015 Commission Courtroom, San Francisco Conlon (also (EH) 9:00 a.m., December 7-9) 12/1/98 10:00 (EH)-San Diego Gas and Electric ALJ a.m. Company for approval of consolidated Malcolm A.98-07- changes in 1999 authorized revenue Comr 006 and revised rate components, the CTC Bilas rate component and associated headroom calculations, RGTCOMA balances, credit computations, disposition of various balancing/memorandum accounts, and A.98-07- electric revenue allocation and rate 003 design changes, (EH)-Pacific Gas and Electric Company for verification, consolidation, and A.98-07- approval of costs and revenues in the 026 Transition Revenue Account, (EH)-Southern California Edison Company to consolidate authorized rates and revenue requirements, verify residual competition transition charge revenues, review and dispose of amounts in various balancing and memorandum accounts, verify regulatory balances transferred to the transition cost balancing account on 1/1/98; and propose rate recovery for Santa Catalina Island Diesel fuel costs, Commission Courtroom, San Francisco, (also December 2-4, 9:00 a.m., December 7-10, 9:00 a.m.) 12/1/98 10:00 (EH)-George W. Goldthorpe, as general ALJ a.m. partner of Goldthorpe Partnership for Walker A.98-04- an exemption from the Moratorium on Comr 065 new water service connections in the Walker Montara Moss Beach District as set out in D86-05-078, Commission Courtroom, San Francisco (also December 2) 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 Comr 038 to reduce the number of monthly Duque directory assistance call allowances and adjust prices for four centrex optional features, Commission Courtroom, San Francisco (also December 8-9) 12/8/98 7:00 p.m. (PPH)-Southern California Water ALJ A.98-06- Company for authority to assess a Walker 005 reservation fee for fire protection Comr for persons occupying or owning Duque property within the service territory of the Desert District, Morongo Valley Elementary School, 10951 Hess Blvd., Morongo (also (EH) 10:00 a.m., February 9-10, Commission Courtroom, San Francisco) 12/10/98 9:00 a.m. (CA)-Pacific Gas and Electric Company, ALJ A.95-10- for authorization to implement a plan Econome 024 of reorganization which will result in Comr a holding company structure, Neeper Commission Courtroom, San Francisco 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 Bilas 015 County from carrier service, 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 Company ALJ A.98-04- for Commission order finding that its Stalder 003 electric operations during the Comr Duque 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 Commission's 002 Own Motion into Open Access and Network Architecture Development of Dominant Carrier Networks, Commission Courtroom, San Francisco (also January 19-22, 1999) 1/19/99 1:30 p.m. (EH)-Southern California Edison ALJ A.98-05- Company for Orders approving contract Barnett 033 amendments necessitated by Industry Comr Restructuring between Southern Neeper California Edison Company and AES Placerita, Brea Power Partners, Kern River Cogeneration Company, Midway Sunset Cogeneration, OLS-Camarillo, OLS-Chino, Ontario Cogeneration, Sycamore Cogeneration, and Watson Cogeneration, Commission Courtroom, San Francisco (also January 20-21) 1/27/99 10:00 (EH)-Internet Specialties West vs. GTE ALJ Walker a.m. for improper disconnection of ISDN Comr C.98-05- over Centranet services, Neeper 054 Commission Courtroom, Los Angeles (also January 28) 2/16/99 9:00 a.m. (EH)-Energy Alternatives vs. Pacific ALJ C.97-09- Gas and Electric Company for failure Bennett 030 to conduct an open and fair bidding Comr Bilas process with respect to the awarding of the Energy Partners program administrative contract for 1997, Commission Courtroom, San Francisco (also February 17) 03/15/99 10:00 (EH)-Southern California Gas Company ALJ a.m. for authority to revise its rates Gottstein A.96-03- effective January 1, 1997 in its Comr 031 Biennial Cost Allocation Proceeding Conlon for a total reduction in annual revenues of approximately $147.9 million (5.7%), A.96-04- (EH)-San Diego Gas & Electric Company 030 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, Commission Courtroom, San Francisco (also 9:00 a.m., March 16-19) 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. 10/8/98 R98-03-040 Commission Order Instituting Rulemaking, on the Commission's own motion, into the third triennial review of the regulatory framework adopted in Decision 89-10-031 for GTE California Incorporated and Pacific Bell. Summary: October 7, 1998, Mr. Tony DiTirro of MCI conveyed oral ex parte remarks to Commissioner Conlon and his advisor, Jose Jimenez, and to Dorothy Duda, advisor to Commissioner Knight. The occasion was a meeting at CPUC in which representatives from the following entities also attended: Pacific Bell, GTE California, California Manufacturer's Association, and the Office of Ratepayer Associates ("ORA"). MCI's Notice of Ex Parte Communication indicated Mr. DiTirro attended the meeting jointly with AT&T's representative, Gary Beckman, and that the AT&T representative concurred with the statements of Mr. DiTirro. Mr. DiTirro said MCI saw two problems with the draft NRF decision: (1) it would leave the Commission with no ability to ensure reasonable rates for Category I monopoly services, and (2) retention of the ILEC's ability to seek recovery of stranded investment must end with the elimination of depreciation reviews. Amplifying comments were added to support both contentions. Mr. DiTirro then stated the Commission prohibited parties from submitting evidence on the status of competition in this proceeding, and therefore the record in this case will not contain that element. PUC must base its findings on a public interest standard, Mr. DiTirro concluded. Filer: MCI Telecommunications Corporation and AT&T Communications of California Contact: Michelle deVillers Phone: (415) 228-1199 10/9/98 A96-08-001 CORRECTION FOR THE DAILY CALENDAR OF OCTOBER 14, 1998. 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 October 6, 1998, the "Parties" (see below) initiated two meetings and subsequently met with: (1) Commission President Bilas and his advisor, Ms Julie Halligan, and (2) Commissioner Neeper and his advisor, David Gamson at CPUC. The content of the ex parte communication was the same in each meeting. The parties urged support for the proposed decision ("PD") of Administrative Law Judge ("ALJ") Minkin. Designating themselves as the "parties" were representatives from Enron Capital & Trade Resources, Enron Energy Services, City and County of San Francisco, State of California Department of General Services, and Independent Energy Producers. The representatives involved were Michael B. Day, counsel for Enron; Ms Dian Grueneich and Ms Traci Grundon of Grueneich Resources; counsel for the City and County of San Francisco, and Mr. Andrew Brown of Ellison & Schneider, counsel for the Department of General Services and Independent Energy Producers. The parties stated ancillary or standby services provided to a customer whose new or incremental load was eligible for 369 exemption would be provided under separate tariff or standby agreement and that such agreements are not part of the direct access transaction defined in AB 1890. Thus, the parties said, the direct transaction itself would not "otherwise" utilize utility transmission or distribution facilities. They said AB 1890 states a preference for a reliable and integrated statewide electric grid. The alternate decision, which they said provides a financial incentive for customers to construct isolated "islands" of electric service, is inconsistent with that preference and would be less reliable. Finally, the parties said, the PD's interpretation would benefit only a limited number of direct access projects, and that the utilities' collective recovery of CTC would not be threatened. Filer: Enron Capital & Trade Resources and Enron Energy Services; City and County of San Francisco, State of California Department of General Services, and Independent Energy Producers Contact: Betsie Diamond Phone: (415) 392-7900 10/9/98 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 October 6, 1998, Pacific Gas & Electric ("PG&E") representatives Jana Corey, David Rubin, and Jack Fallin initiated a meeting at CPUC with Commission President Bilas. Mr. Fallin said that CTC exemptions distort competition by adversely affecting existing and future competitors who are not excused from its payment, and that standby service is "insurance" and is used all the time, not just when back-up energy is consumed. Other assertions were made, including that the "contract only" theory would not work for self generation, that the 369 only refers to the overall "transaction" in the critical phrase, that "otherwise required use" is intended to cover all factually required use, and that the Legislature's intention to cover CTC exemptions for new loads served by co-gen and self-cogen is 372 confirms 369's narrow scope. The broad intent of the restructuring legislation is what the Commission should rely upon, according to Mr. Fallin, and it starts with the premise that CTC should be equally shared among all existing and future consumers. Section 369 is the unique exception, according to PG&E, where that responsibility could be fairly avoided because there is no use whatever of utility facilities. Ms Corey added additional comments, including that with shared CTC responsibility, no competitor receives an unearned advantage. She said any decision on the matter should reflect the broad principle so cited. Filer: Pacific Gas and Electric Company Contact: Heidi Holzhauer Phone: (415) 972-5611 Summary: On October 6, 1998, Pacific Gas & Electric ("PG&E") representatives Jana Corey and Jack Fallin initiated a meeting at CPUC with James Hendry, advisor to Commissioner Conlon. Mr. Fallin said standby service is "insurance" and is used all the time, not just when back-up energy is consumed.. Mr. Fallin added "otherwise required use" was intended to cover all factually required use and that the Legislature's intention to cover CTC exemption for new loads served by co- gen and self-cogen in 372 confirms 369's narrow scope. Ms Corey said PUC should rely on the broad intent of restructuring legislation which provides utilities an opportunity to recover above market generation costs and starts with the premise that CTC should be equally shared among all existing and future consumers. These principles require exemptions be restricted she added. Ms Corey said interpreting 369 more broadly would introduce a new class of exemptions in opposition to the fundamental elements in AB 1890. Ms Corey stated with shared CTC responsibility, no competitor receives an unearned advantage and that the exception in 369 was only for the unique situation where that responsibility could be fairly avoided because there was no use whatever of utility facilities. In reference to other parties' stated desire to use 369 for CTC avoidance, Mr. Fallin stated 369 bars any use of the utility grid involved, in any way, in the supply process. Filer: Pacific Gas and Electric Company Contact: Heidi Holzhauer Phone: (415) 972-5611 10/13/98 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. R95-04-043 Rulemaking on the Commission's own motion into competition for local exchange service and I95-04-044 Investigation on the Commission's own motion into competition for local exchange service. Summary: LATE FILED. On October 13, 1998, Pacific Bell ("PacBell) filed a Notice of Ex Parte Communications containing copies of letters sent to all commissioners and the PUC executive director expressing support for PacBell's entry into the long distance market. The dates of such letters and their originators were as follows: 7/8/98 Marin YMCA (Seth Goldman, Executive Director), 7/9/98 Bank of Marin (W. Robert Griswold, Jr., President and CEO), West Covina Chamber of Commerce (Dr. Lee Laue, President), 10/6/98 sole proprietor businessman Charles J. Wilhelm, 10/7/98 City of Cudahy (Deputy City Clerk conveyed City Council Resolution No. 98-28 supporting PacBell's initiative), 10/8/98 City of Bell Garden Association of Merchants and Commerce (James Pollock, President), 10/8/98 Mexican American Chamber of Commerce, Stockton, CA. (Oscar Anzaldo, President), 10/8/98 Korean American Family Service Center, Los Angeles, CA (Youngbin Kim, Executive Director), 10/8/98 Pets Are Wonderful Support, Los Angeles, CA (Nadia Sutton, Executive Director), 10/9/98 Tel-Tec Security Systems, Inc. (Morgan E. Clayton, President), and 10/9/98 Foundation HOUSE Transitional Group (Mark Supper, Associate Executive Director). Filer: Pacific Bell Contact: Lila Tam Phone: (415) 542-9268 10/13/98 R95-04-043 Rulemaking on the Commission's own motion into competition for local exchange service and I95-04-044 Investigation on the Commission's own motion into competition for local exchange service. Summary: On October 9, 1998 Bill Blase of Pacific Bell ("PacBell") called Commissioner Conlon and told him it is PacBell's position that reciprocal compensation for Internet calls is not appropriate because it creates an inequitable flow of funds from originating carriers to carriers serving Internet service providers. He said these calls are not local, but inter-exchange. Filer: Pacific Bell Contact: Lila Tam Phone: (415) 542-3820 Summary: THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION WHICH WAS FILED ON 10/8/98 AND APPEARED IN THE CALENDAR OF OCTOBER 13, 1998. On October 6, 1998, the attorney for the Building Owners & Managers Association of California ("BOMA") sent a letter to all of the commissioners, their advisors, and certain PUC staff. After augmentation, a copy of the letter signed by C. Gregg Ankenman and accompanying legal memorandum, are now attached to BOMA's Notice of Ex Parte Communication. The writings express opposition to the provisions of the draft decision ("DD") issued on 9/16/98. Mr. Ankenman states the DD would effectively force private property owners to permit free, unfettered and uncompensated access to private property to scores of individual telecommunications operators. He adds that the Commission's methodology proposed in the DD would be a draconian and unconstitutional threat of terminating telecommunications service to specific properties. He said imposition of this methodology would result in immediate litigation, and urges the Commission to recognize the limits of its jurisdiction. Mr. Ankenman's legal memorandum amplifies the aforesaid comments, and contains commentary on suppression of free speech, takings, the Commerce Clause, the Contract Clause, and due process. Filer: Building Owners & Managers Association of California Contact: Rose Bie Phone: (510) 834-6600