Daily Calendar California Public Utilities Commission Friday, October 23, 1998 Page 32 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 Friday, October 23, 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 November 5, 10 am San Francisco 1998 November 19, 10 am San Francisco 1998 December 3, 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. November 2, 1:30 pm San Francisco 1998 November 16, 1:30 pm San Francisco 1998 November 30, 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 November 20, 1998 Josiah Neeper 1350 Front Street, Room 4006 9 am to noon San Diego PUBLIC MEETINGS & WORKSHOPS 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 (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 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 - REMOVED FROM CALENDAR AS OF 10/23/98 October 27, 1997 Pacific Energy Center 9 am - 4 pm 851 Howard Street 2nd Floor San Francisco The California Board for Energy Efficiency will conduct a Board Meeting. The Agenda items will be determined after the October 15, 1998 filing. Public Meeting October 28, 1998 Interim Administrative Committee 9:30 am - 12 pm California Public Utilities Commission 505 Van Ness Avenue, Room 3204 (Corner of Van Ness and McAllister) San Francisco The Interim Administrative Committee will hold a meeting. Purposes of the meeting are to: 1) review and approve public meeting minutes of 9/30/98; 2) continue to discuss process for reviewing and approving CHCF-B claims; 3) review and approve expenses and disbursements; 4) discuss process for the establishment of CHCF-B & CTF Trust; 5) discuss procedure to select a financial institution; 6) discuss the process for replacing a committee member; and 7) receive Public Comments. The contact person for this meeting is Hassan Mirza at (415) 703-1638. Public Meeting - REMOVED FROM CALENDAR AS OF 10/23/98 October 28, 1998 Pacific Energy Center 9:30 am -4 pm 851 Howard Street, 2nd Floor San Francisco The California Board for Energy Efficiency will conduct a Board Meeting. The Agenda items are yet to be determined. 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 3, 1998 Pacific Energy Center 12 noon - 5 pm 851 Howard Street, 2nd Floor San Francisco The California Board for Energy Efficiency will conduct a Board Meeting. The Agenda items are yet to be determined. Workshop Notice November 3, 1998 Conference Call - Dial 415-703- 10 am 1001 As a follow-up to the October 16, 1998 workshop conducted in A.97-11-004, et. al., Energy Division will hold a workshop via conference call to discuss SDG&E's October 21, 1998, Advice Letter on service fees for billing services pursuant to Ordering Paragraph 2 of D.98-09-070. In order to participate in the conference call parties are instructed to call (415) 703-1001 at 10 am, Tuesday November 3, 1998. The teleconference must end by 1 pm. The teleconferencing system can handle up to 30 separate calls dialing this number. Therefore, each party is limited to one call-in. If parties want to include their outside counsel in the conference call, the client and attorney need to be together as a single call-in. Each telephone participant will be responsible for their own telephone service and toll costs. Questions regarding this workshop/conference call should be addressed to Don Lafrenz of the Energy Division (phone: 415-703-1063; Fax: 415-703- 2200; email: "dlf@cpuc.ca.gov") Public Meeting - TIME CHANGE (REVISED AS OF 1023/98) November 4, 1998 Pacific Energy Center 9:30 am - 4 pm 851 Howard Street, 2nd Floor San Francisco The California Board for Energy Efficiency will conduct a Board Meeting. The Agenda items are yet to be determined. 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 12, 1998 Country Suites at Ontario Mills 9 am - 9 pm 4370 East Mills Mall Ontario and November 13, 1998 9 am - 3 pm Electric Education Trust The Administrative Committee of the Electric Education Trust (EET) meets to discuss and implement a CBO outreach grant program and an educational efforts plan, address any recent Commission action on the September 24 work plan, adopt a plan to receive community input into the grant process, discuss the Commission's consumer protection report, consider subcommittee recommendations on program design, fax newsletters and CSD activities in support of the EET, and related matters. The contact person is William Schulte at (415) 703-2349. 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 10/15/98 A98-10-031 San Diego Gas & Electric Company, for authority to revise its gas rates effective August 1, 1999, in its Biennial Cost Allocation Proceeding 10/16/98 A98-10-029 Arco Pipe Line Company, for an order authorizing the assignment of public utility oil pipeline facilities to Pacific Pipeline System LLC; the partial transfer of control; reissuance by Pacific Pipeline System LLC of rate tariffs applicable to the transferred facilities; and the release of Arco Pipe Line Company from its public utility obligations 10/20/98 A98-10-030 Pacific Gas and Electric Company and Mt. Poso Cogeneration Company, L.P., for order approving termination agreement of IS04 power purchase agreement between Pacific Gas and Electric Company and Mt. Poso Cogeneration Company, L.P. PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 10/19/98 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; Application for Rehearing of D98-09-070 by Commonwealth Energy Corporation 10/19/98 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; amendment to application made to reflect terms of the "letter agreement" amending the original agreement between Edison and Harbor Cogeneration Company; Application for Rehearing of D98-09-073 by Southern California Gas Company DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * PRESIDING OFFICER'S DECISION * ARBITRATOR'S REPORTS 10/21/98 A96-08-001 Application of Pacific Gas and Electric Company for Approval of Valuation and Categorization of Non- Nuclear Generation-Related Sunk Costs A96-08-006 Eligible for Recovery in the Competition Transition Charge; and Application of San Diego Gas & A96-08-007 Electric Company to identify and Value the Sunk Costs of its Non-Nuclear Generation Assets; and Application of Southern California Edison Company to Identify and Value A96-08-070 the Sunk Costs of its Non-Nuclear Generation Assets, in Compliance with A96-08-071 Ordering Paragraph No. 25 of D.95-12- 063 (as modified by D.96-01-009 and D.96-03-022); and Application of Pacific Gas and Electric Company To Establish the A96-08-072 Competition Transition Charge; and In the Matter of the Application of Southern California Edison Company to estimate its Transition Costs as of January 1, 1998 in Compliance with Ordering Paragraph 26 of D.95-12-063 (as modified by D.96-01-009 and D.96- 03-022), and related changes; and Application of San Diego Gas & Electric Company to Estimate Transition Costs and to Establish a Transition Cost Balancing Account; Proposed alternate decision of Commissioners Duque and Bilas ADVICE LETTER FILINGS To inquire about a filing, call the Energy Division (703- 1093), Telecommunications Division (703-1889) or Water Division (703-2028). To protest a filing, mail the original letter/telegram to the Chief of the appropriate division (i.e., "Chief, [Energy, Telecommunications or Water] Division"), to be received no later than 20 days after the date the Advice Letter was filed. "Effective TBD" means that the date is to be determined by further Commission action. A date listed as "anticipated effective" may be subject to change. An Advice Letter Supplement is not a new filing, and there is no protest period unless indicated. 10/05/98 Telecom 1 SAMSUNG DATA SYSTEMS AMERICA, INC, Provides interlata and intralata telcom service as a switchless reseller. (effective TBD) 10/15/98 Telecom 21- TIME WARNER CONNECT, Supplements A A.L.No.21, IntraLATA presubscription plan and request for suspension or modification of implementation of intraLATA presubscription (effective TBD) 10/15/98 Telecom 16 TIMEWARNER AXS OF CALIFORNIA, L.P., Rate changes for local switching; local transport; 800 data base access and billing and collection service (effective TBD) 10/15/98 Telecom 7-A TIMEWARNER AXS OF CALIFORNIA, L.P., Supplements A.L.No.7, IntraLATA Presubscription Plan (effective TBD) 10/16/98 Telecom 20 EXCEL TELECOMMUNICATIONS, INC., Introduces a new service offering known as EXCEL Simply 7 service for residential and small business customers. (effective TBD) 10/16/98 Telecom 49 ICG TELECOM GROUP, INC., Revises calling card offering (effective TBD) 10/16/98 Telecom 5 INTERCONTINENTAL COMMS. GROUP, INC., Transfer of control in ownership of ICLD common stock by Fusion Telecomms International, Inc. (effective TBD) 10/16/98 Telecom 21 MEDIAONE TELECOMMS OF CALIF, INC., Re- introduces MTC's promotion for Universal Lifeline Measured Rate Service, Promotion for MediaOne Measured Rate Service, Basic Exchange Service Packages, and Flat Rate Service. (effective TBD) 10/16/98 Telecom 14 OPERATOR SERVICE COMPANY, Rate revision to the Operator Service Intrastate Rate Schedule D. (effective TBD) 10/19/98 Telecom AT&T COMMUNICATIONS OF CALIFORNIA, INC, 1552 Introduces a service contract for AT&T Virtual Telecomms Network Service with Paine Webber Inc. (effective TBD) 10/19/98 Telecom 140 GTE COMMUNICATIONS CORP., Terminate promotion (effective TBD) 10/19/98 Telecom 460 GTE WEST COAST INC., Equal Access recovery charge (effective TBD) 10/19/98 Telecom 20 TOUCH 1 COMMUNICATIONS INC., Introduces new product and rate reduction to Business Touch product. (effective TBD) 10/20/98 Telecom GTE CALIFORNIA INCORPORATED, Toll 8870 Contract (effective TBD) 10/20/98 Telecom 1 LATIN AMERICAN ENTERPRISES, INC., INITIAL FILING (effective TBD) 10/20/98 Telecom 328 SPRINT COMMUNICATIONS COMPANY L.P., Introduce the Sprint Hospitality Connection Plus and Spring PublicFON Promotion II (effective TBD) 10/20/98 Telecom 329 SPRINT COMMUNICATIONS COMPANY L.P., Increase Sprint Sense Operator Services rate, make Text Changes (effective TBD) 10/20/98 Telecom 330 SPRINT COMMUNICATIONS COMPANY L.P., Introduce the Sprint Retail Prepaid Calling Card Option A, make Text Changes (effective TBD) 10/21/98 Energy PACIFIC GAS & ELECTRIC COMPANY, 1811E-A Supplements A.L.No.1811E, Revisions to electric rate schedule E-ESP, Services to Energy Service Providers. (effective TBD) 10/21/98 Energy 2110 PACIFIC GAS & ELECTRIC COMPANY, Deletion of Schedule G-INT, Interutility Transportation Service and minor revisions to other schedules. (anticipated effective 11/30/98) 10/21/98 Energy SAN DIEGO GAS & ELECTRIC COMPANY, 1128E Energy Service Provider - Non Discretionary Energy Service Fees. (anticipated effective 01/01/98) 10/21/98 Energy SAN DIEGO GAS & ELECTRIC COMPANY, 1129E Energy Service Provider - Non Discretionary Energy Service Fees (anticipated effective 01/01/99) 10/21/98 Energy SOUTHERN CALIFORNIA EDISON COMPANY, 1338E-A Supplements A.L.No.1338E, Establishment of Schedule ESP-NDSF, Energy Service Provider-Non Discretionary Service Fee. (effective TBD) 10/21/98 Telecom AT&T COMMUNICATIONS OF CALIFORNIA, INC, 1553 Introduces a Service Contract for AT&T Accunet T1.5 Service between AT&T Communications of California, Inc. and San Joaquin Valley Unified Air Pollution Control District (effective TBD) 10/21/98 Telecom AT&T COMMUNICATIONS OF CALIFORNIA, INC, 1554 Introduces a Service Contract for AT&T Accunet T1.5 Service between AT&T Communications of California, Inc. and CBC Credit Union (effective TBD) 10/21/98 Telecom 106 CABLE & WIRELESS INC., NAME CHANGE (effective TBD) 10/21/98 Telecom GTE CALIFORNIA INCORPORATED, Billing 8871 Adjustment (effective TBD) 10/21/98 Telecom PACIFIC BELL, Enhancement of Rating 19760 Capability for COPT Coin Line (effective TBD) 10/21/98 Telecom PACIFIC BELL, Compliance Filing: Annual 19761 Price Cap (effective TBD) 10/21/98 Telecom 432 ROSEVILLE TELEPHONE COMPANY, Contract to Provide Centrex Service (effective TBD) 10/21/98 Telecom 1-A TRANSAMERICAN TELEPHONE INC., Supplements A.L.No.1, Initial Local and Interexchange filing (effective TBD) 10/21/98 Water 17-W HAT CREEK WATER COMPANY, Establish Sch. F, Facilities Fees, pursuant to Resolution W-4110, dated September 3, 1998. (effective TBD) 10/22/98 Telecom 426- ROSEVILLE TELEPHONE COMPANY, A Supplements A.L.No.426, NRF Price Cap (effective TBD) ADVICE LETTER PROTESTS To inquire about a protest, call the Energy Division (703- 1093), Telecommunications Division (703-1889) or Water Division (703-2028). To obtain a copy of the protest, please direct your request to the protestor. 10/19/98 Telecom GTE CALIFORNIA INCORPORATED, Integrated 8846 Services Digital Network Service Late filed protest by Calif. Cable Television Assn. & AT&T. 10/21/98 Energy 2747 SOUTHERN CALIFORNIA GAS COMPANY, Implementation of annual PBR rate adjustment for 1999. Protest by SOCAL Edison. 10/21/98 Energy SOUTHERN CALIFORNIA EDISON COMPANY, 1337E 1999 Low-Income and California Alternate Rates for Energy (CARE) Program Plans. Protest by Southern Calf. Tribal Chairmen's Assn.. 10/21/98 Energy SAN DIEGO GAS & ELECTRIC COMPANY, 1124E|1 Request for approval of 1999 Low-Income Programs, Low-Income Energy Efficiency (LIEE) and California Alternate Rates for Energy (CARE) programs. Protest by Southern Calf. Tribal Chairmen's Assn. MISCELLANEOUS TRANSPORTATION ITEMS October 23, 1998 Filings with Rail Safety and Carriers Division NONE MISCELLANEOUS TELECOMMUNICATION MATTERS October 23, 1998 Rahmon Momoh has been nominated to be the ORA voting member on the Payphone Service Provider Enforcement Committee (PSPE Committee). The candidate's resume can be obtained from Mr. Momoh by calling him on (415) 703-1725. Within 30 days from the date hereof, comments on the candidate may be submitted in writing to Mr. Jack Leutza, Director, Telecommunications Division, 505 Van Ness Avenue, San Francisco, CA 94102. If you should have any questions, please contact me on 3- 2191. ADJOURNMENTS * RESETTINGS * SUBMISSIONS C98- 03- Correction to the daily calendar 049 DeUlloa-Leo Ferrick on behalf of the Laguna Shores Vacation Plan Owners Association vs. General Telephone, Evidentiary hearing held October 21 and completed C98-05- Barnett-Richard Minetto vs. Sierra 055 Pacific Power Company and Sierra Pacific Energy Company for violations of the affiliate transactions rules, Evidentiary hearing held and no report given A98-05- Minkin-Pacific Gas and Electric 004 Company to establish the eligibility A98-05- and seek recovery of certain electric 006 industry restructuring implementation A98-05- costs, and related matter, Evidentiary 015 hearing held and continued to October 23 A97-03- Ryerson-Island Boat Service for a 007 certificate of public convenience and necessity, Prehearing Conference held and no report given R96-11- Malcolm-Commission Order Instituting 004 Rulemaking to develop standards for electric system reliability, Prehearing Conference held and no report given REMOVALS FROM CALENDAR NONE NEW SETTINGS 10/26/98 2:00 p.m. (AH)-E. Spire for arbitration of an ALJ Reed A.98-08- interconnection agreement with Pacific Comr Duque 048 Bell pursuant to section 252 (b) of the Telecommunications Act of 1996, Commission Courtroom, San Francisco 11/17/98 9:00 a.m. (PHC)-California -American Water ALJ Kotz A.97-03- Company for a certificate that the Comr Duque 052 present and future public convenience and necessity requires applicant to construct and operate the 24,000 acre foot Carmel River Dam and Reservoir in the Monterey Division and to recover all present and future costs in connection therewith in rates, Hyatt Regency, Monterey Ballroom, Beach Room, One Old Golf Course Road, Monterey 11/24/98 10:00 (PHC)-Commission Order Instituting ALJ Bushey a.m. Rulemaking on the Commission's own Comr Duque R.97-10- motion to set rules and to provide Comr 049 guidelines for the Privatization and Neeper Excess Capacity as it relates to investor owned water companies 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 10/27/98 9:30 NONE SCHEDULED a.m. 11/3/98 9:30 NONE SCHEDULED 11/10/98 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 10/23/98 9:00 a.m. (EH)-Pacific Gas and Electric Company ALJ Minkin A98-05- to establish the eligibility r and Comr Bilas 004 seek recovery of certain electric industry restructuring implementation costs as proviced for in Public A.98-05- Utilities Code Section 376, 006 (EH)-San Diego Gas & 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 A.98-05- Section 376 costs for recovery from 015 1998 through 2001, and (4) approval of 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 26-30, November 2, November 3, 9:00 a.m.) 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 10/26/98 2:00 p.m. (AH)-E. Spire for arbitration of an ALJ Reed A.98-08- interconnection agreement with Pacific Comr Duque 048 Bell pursuant to section 252 (b) of the Telecommunications Act of 1996, 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 10:00 (PHC)-Delores Guyot, Jessie A. ALJ Kenney a.m. Wheeler, et al vs. Pacific Bell to Comr Duque C.98-05- establish an EAS for telephone area 045 code 707 prefix 777 in the Carlotta- Bridgeville area to call telephone prefixes in Carlotta, Hydesville, Fortuna and Eureka, Telephone Conference, San Francisco 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, San Knight 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) 11/3/98 9:30 a.m. (PHC)-The Utility Reform Network and ALJ C.97-09- Utility Consumers' Action Network vs. O'Donnell 043 SBC Communications Inc., Pacific Comr Telesis Group and Pacific Bell for Conlon violation of the service quality Comr requirements of D97-03-067 and the Neeper Public Utilities Code and for attempting to mislead the Commission with respect to Pacific Bell's Service quality performance, Commission Courtroom, San Francisco 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) 11/3/98 3:00 p.m. (PHC)-Sierra Club, Angeles Chapter vs ALJ Bushey C.98-09- Valencia Water Company for supplying Comr Duque 025 more consumers and/or greater number of acres than it can adequately supply reaching limits of its capacity to supply water and for overpumping from a common source of supply, Commission Courtroom, Los Angeles 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 Comr Bilas 011 regulatory structure governing California's natural gas industry, 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) 11/6/98 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 10:30 (EH)-Preferred Transportation, Inc. ALJ a.m. and Tamarack Transportation, Inc., to Rosenthal A.98-04- transfer and Supershuttle Comr 030 International, Inc. to acquire Conlon Preferred Transportation Inc. and Tamarack Transportation, Inc.. Commission Courtroom, Los Angeles (also November 10) 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)-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 assessment A.98-05- 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 13; 10:00 a.m., November 16-17) 11/13/98 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) 11/17/98 9:00 a.m. (PHC)-California -American Water ALJ Kotz A.97-03- Company for a certificate that the Comr Duque 052 present and future public convenience and necessity requires applicant to construct and operate the 24,000 acre foot Carmel River Dam and Reservoir in the Monterey Division and to recover all present and future costs in connection therewith in rates, Hyatt Regency, Monterey Ballroom, Beach Room, One Old Golf Course Road, Monterey 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 11/24/98 10:00 (PHC)-Commission Order Instituting ALJ Bushey a.m. Rulemaking on the Commission's own Comr Duque R.97-10- motion to set rules and to provide Comr 049 guidelines for the Privatization and Neeper Excess Capacity as it relates to investor owned water companies Commission Courtroom, San Francisco 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) 12/1/98 10:00 (PPH)- 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 East Los Angeles A.98-09- District, 014 (PPH)-California Water Service Company 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 A.98-09- 2.5% in the year 2001, and $334,800 or 015 2.5% in the year 2002 in the Bear Gulch district, (PPH)-California Water Company for an A.98-09- order authorizing it to increase rates 016 charged for water service in the Hermosa-Redondo district, (PPH)-California Water Service Company for an order authorizing it to increase rates charged for water service in the Visalia district Location to be announced 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 12/10/98 10:00 (EH)-Commission Order Instituting ALJ Bushey a.m. Investigation into the operations and Comr I.98-04- practices of affiliated companies Neeper 033 Future Net Inc., and Future Net Online, Inc., dba Future Electric Network and individuals Alan Setlin and Larry Huff, Commission Courtroom, San Francisco (also December 11, December 15 12/14/98 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 December 15-18, 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 1701.3c ) 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. 10/20/98 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. CORRECTION FOR THE DAILY CALENDAR OF 10/21/98 Summary: LATE FILED. On October 20, 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: 10/9/98: American G.I. Forum, San Jose, CA (David Rodriguez, Chairperson); 10/12/98 Pacific Coast Management, Long Beach, CA (Kenneth M. Douthit, President); 10/13/98 Jenesse Center, Inc. (Karen Earl, Executive Director); 10/14/98 The Beacon House Association, San Pedro, CA (Luis M. Lozano, Executive Director); 10/15/98 Unique People's Voting Project, Santa Monica, CA (Shawn Casey O'Brien, Executive Director), George Shirakawa, Jr. City Council, San Jose, CA; E. David Sierra, San Jose, CA, Strategic Marketing Alliance, Santa Monica, CA (Lee Jay Berman, Regional Manager, Harbor Free Clinic, San Pedro, CA (Louis Dominguez, Executive Director), The Antelope Valley Boys & Girls Club, Palmdale, CA (Jay R. Duke, Executive Director); 10/16/98 West Hollywood Russian Community Center, Los Angeles, CA (Helen Levin, Executive Director), North Bay Council, Novato, CA (Mary Jaeger, Executive Director), The Service Quality Department, Concord, CA (Jeffrey S. Kasper, Senior Partner), Hispanic Chamber of Commerce of Sonoma County, Santa Rose, CA (Estella M. Sterner, Executive Director), North Bay YMCA, Suisun City, CA (Robert Washington, Executive Director); 10/19/98 Perdomo & Sons, Inc., Los Angeles, CA (Samuel Perdomo, President), Sherry J. Hormozi, CEED Counselor, University of California at Los Angeles, Club Sport of San Ramon, San Ramon, CA (Dennis Garrison). Filer: Pacific Bell Contact: Lila Tam Phone: (415) 542-9268 10/21/98 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 16, 1998, ICG Telecom Group, Inc. representative Doug Garrett delivered to CPUC written ex parte material to all of the commissioners and their telecommunications advisors. In reference to the Commission's October 22, 1998 meeting, ICG's letter and accompanying handout discussed agenda item H-6 (ALJ's draft decision) and H-6A (draft alternate of Commissioner Duque), stating, inter alia, that "both H-6 and H-6A correctly find that local calls to ISPs are intrastate in nature and subject to and within this Commission's jurisdiction." The letter urged adoption of H-6. ICG said this ex parte communication "is to respond to some of the arguments advanced by Pacific.("Pacific Bell").in its recent ex parte communications." The handout was twelve (12) pages and consists of rebuttal to PacBell's earlier ex parte communications to PUC decision makers. One statement in the handout was "Pacific Bell's 9-slide ex parte presentations on Sept 23-24 resorted to misstatements and exaggeration to dissuade the Commission from adopting a sound policy decision." The handout also contained graphs and data on reciprocal compensation and issues related to local calls to Internet service providers ("ISP"). The letter and handout were attached to ICG's Notice of Ex Parte Communication. Filer: ICG Telecom Group, Inc. Contact: Nancy Post Phone: (650) 323-0990 10/22/98 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 19, 1998, ICG Telecom Group, Inc. ("ICG") attorney Nick Selby initiated and conducted two (2) ex parte sessions at CPUC with PUC decision makers. In addition to Mr. Selby, ICG representatives in attendance were Cindy Schonhaut and Doug Garrett. Both oral and written ex parte communications were conveyed in each session. The PUC officials receiving such communications were, respectively, (a) Commissioner Knight and his advisor, Dorothy Duda, and (b) Commissioner Neeper and his advisor, Fassile Fenikile. The ICG representatives urged the Commission to adopt agenda item H-6 during the October 22, 1998 meeting, but they further noted that both item H-6 and item H-6A correctly find that local calls originated by Pacific Bell and terminated by competitive local carriers ("CLC") are jurisdictionally intrastate calls. The representatives stated disagreement with Commissioner Neeper's alternative item H-6B that would find these calls to be interstate. ICG said the Commission should not cede jurisdiction to the Federal Communications Commission on what are a burgeoning number of local calling minutes associated with calls to Internet service providers ("ISP"). ICG said their $50 million investment in 1998 to new network facilities to serve ISP's were made in reliance on prior Commission decisions defining the nature of local calls and approving ICG's current interconnection agreement with Pacific Bell ("PacBell"). The ICG representatives concluded by saying PacBell's calculation of financial harm from reciprocal compensation were flawed. The ex parte handout was twelve (12) pages and consisted of rebuttal to PacBell's earlier ex parte communications to PUC decision makers. One statement in the handout was "Pacific Bell's 9- slide ex parte presentations on Sept 23-24 resorted to misstatements and exaggeration to dissuade the Commission from adopting a sound policy decision." The handout also contained graphs and data on reciprocal compensation and issues related to local calls to Internet service providers ("ISP"). The letter and handout were attached to ICG's Notice of Ex Parte Communication. Filer: ICG Telecom Group, Inc. Contact: Nancy Post Phone: (650) 323-0990 Summary: On October 19, 1998, MCIWorldCom representatives met ex parte in consecutive sessions with, respectively, (1) Commissisoner Duque and his advisor, Timothy Sullivan, and (2) Commissioner Knight and his advisors, Dorothy Duda and Robert Lane. The representatives were Gary Ball, William Harrelson, and Robert Munoz. The same oral and written communications were conveyed in each session. The representatives stated local calls to Internet service providers are local, the PUC has jurisdiction over such calls, the calls are subject to reciprocal compensation, and that Pacific Bell's ex parte handout on the same subject dated 9/22/98 was inaccurate and misleading. The written communications consisted of two sections: a five (5) page handout summarizing MCIWorldCom's position on these issues, and a two (2) page letter dated 10/8/98 from the president and CEO of Covad Communications Co. to MCIWorldCom. The introductory paragraph to the latter states "This is to clarify and place in context (and disavow portions of) the statements of Mr. McMinn reported in the trade press last month concerning the payment of reciprocal compensation by ILECs and CLECs for the transport of circuit-switches traffic to internet service providers ("ISPs").." Filer: MCIWorldCom Contact: Robert Munoz Phone: (415) 743-4975 Summary: On October 20, 1998, and again the next day (10/21/98) MCIWorldCom representative Robert Munoz engaged in oral ex parte communications with Robert Lane, advisor to Commissioner Knight. According to the filer's two Notice(s) of Ex Parte Communications, Mr. Munoz initiated a direct telephone call on the first day and left voice mail on the second day. Both communications conveyed the same question to Mr. Lane. That was whether the Commission intends to hold for some future Commission meeting their ruling on the California Telecommunications Coalition's motion seeking a determination of the jurisdiction and billing treatment of local telephone calls to Internet service providers. Filer: MCIWorldCom Contact: Robert Munoz Phone: (415) 743-4975 Summary: On October 20, 1998, MCIWorldCom representatives met with Commissisoner Neeper. The representatives were Gary Ball, David Marchant, and Robert Munoz. Oral and written communications were conveyed. The representatives stated local calls to Internet service providers are local, the PUC has jurisdiction over such calls, the calls are subject to reciprocal compensation, and that Pacific Bell's ex parte handout on the same subject dated 9/22/98 was inaccurate and misleading. The written communications consisted a five (5) page handout summarizing MCIWorldCom's position on these issues, including commentary from state regulatory commissions in Michigan, New York, Illinois, and Florida. Filer: MCIWorldCom Contact: Robert Munoz Phone: (415) 743-4959 Summary: On October 20, 1998, ICG Telecom Group, Inc. ("ICG") attorney Nick Selby initiated and conducted an ex parte session at CPUC with Commissioner Duque, his advisor, Tim Sullivan, and Jose Jimenez, advisor to Commissioner Conlon, and Lester Wong, advisor to Commission President Bilas. In addition to Mr. Selby, ICG representatives in attendance were Cindy Schonhaut and Doug Garrett. Both oral and written ex parte communications were conveyed. The ICG representatives urged the Commission to adopt agenda item H-6 during the October 22, 1998 meeting, but they further noted that both item H-6 and item H-6A correctly find that local calls originated by Pacific Bell and terminated by competitive local carriers ("CLC") are jurisdictionally intrastate calls. The representatives stated disagreement with Commissioner Neeper's alternative item H-6B that would find these calls to be interstate. ICG said the Commission should not cede jurisdiction to the Federal Communications Commission on what are a burgeoning number of local calling minutes associated with calls to Internet service providers ("ISP"). ICG said their $50 million investment in 1998 to new network facilities to serve ISP's were made in reliance on prior Commission decisions defining the nature of local calls and approving ICG's current interconnection agreement with Pacific Bell ("PacBell"). The ICG representatives concluded by saying PacBell's calculation of financial harm from reciprocal compensation were flawed. The ex parte handout was twelve (12) pages and consisted of rebuttal to PacBell's earlier ex parte communications to PUC decision makers. One statement in the handout was "Pacific Bell's 9- slide ex parte presentations on Sept 23-24 resorted to misstatements and exaggeration to dissuade the Commission from adopting a sound policy decision." The handout also contained graphs and data on reciprocal compensation and issues related to local calls to Internet service providers ("ISP"). The letter and handout were attached to ICG's Notice of Ex Parte Communication. Filer: ICG Telecom Group, Inc. Contact: Nancy Post Phone: (650) 323-0990