Daily Calendar California Public Utilities Commission Monday, December 28, 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 Monday, December 28, 1998 ú Regular Commission Meetings ú Notices ú Subscription Information (Daily Calendar and Agenda) ú Commissioner Office Hours ú Public Meetings and Workshops ú Notice of Draft Resolutions (PU Code 311(g)) 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 Final Oral Argument 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 January 7, 10 am San Francisco 1999 January 20, 10 am San Francisco 1999 February 4, 10 am San Francisco 1999 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. January 4, 1:30 pm San Francisco 1999 January 19, 1:30 pm San Francisco 1999 February 1, 1:30 pm San Francisco 1999 NOTICES Delivery of Formal Pleadings for Filing Unless otherwise directed, all courier-delivered documents submitted for filing as part of the formal record in a proceeding should be hand-carried directly to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue in San Francisco; Room 5109, 107 South Broadway in Los Angeles; or Room 4006, 1350 Front Street in San Diego. All documents sent through the mail for formal filing should be addressed ONLY to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue, San Francisco, CA 94102. Charge for Commission Documents To purchase Commission documents, there is a charge of 20 cents a printed page (postage prepaid) with a minimum purchase of $2.00. SUBSCRIPTION INFORMATION Subscription Notice for Draft Agenda Items In compliance with Public Utilities Code Section 311.5, parties who wish to subscribe to receive draft agenda items may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one-year subscription to the entire public agenda package (which excludes Executive Session materials) is $1,000. You may also order a partial agenda package (energy agenda items only or telecommunication agenda items only) at the cost of $500 per year. The package you receive via mail will include only those agenda items available at the time of the agenda distribution date, which is usually 10 to 12 days prior to the Commission meeting. If agenda items (including revisions) are not ready on the distribution date, they will be made available at no charge in the lobby outside the Commission Auditorium at 9:00 a.m. on the morning of the Commission meeting, but not earlier. In addition, the Commission will make draft agenda items available for viewing and photocopying (at 20 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 January 4, 1999 Deaf and Disabled 1 pm - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The IFB SUB-COMMITTEE and 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 your 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 January 5, 1999 California Public Utilities 9:30 am - 3:30 pm Commission 505 Van Ness Avenue, Room 3212 (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, Review/Approve Administrative Expenses, Review ULTSMB Correspondences, PUC Report and Action Items, Review/Approve Errors and Omissions Insurance, Board Membership, Review Marketing Program Timeline, Update on the RFP Selection Committee, Discussion of Bidder's Conference Committee, Review Previous Studies and Data, Announcements, Set Future Agenda Items for Future Discussion and Hear Public Comments. Executive Session: Because the RFP has not been approved for release to the general public by the Commission, the ULTSMB will meet in Executive Session to discuss and render final approval of the Interim Marketing Program RFP and Contract. 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: California Board for Energy Efficiency January 5, 1999 California Public Utilities 9:30 am to 4 pm Commission 505 Van Ness Avenue, Room 5012 Teleconference (Corner of Van Ness Avenue and Information: McAllister Street) San Francisco This meeting is accessible by teleconference. To call in, dial: 1-888-550-5969. After the prompt, enter the access code followed by the pound sign. To obtain the access code, please contact Elizabeth Gunn, Board Coordinator, at (415) 703-1956, or by e-mail at egunn@cpuc.ca.gov. The California Board for Energy Efficiency (CBEE) will meet to discuss the following topics: CBEE Filings Submitted on December 17; Proposed Decision on Administrative Structures; Program Planning for 1999 and Utilities' November 16/17 Advice Letter Filings; Market Assessment and Evaluation (MA&E) Planning Process; Reporting Requirements; Board Functioning; Updates and Status Reports; Scheduling and Agenda Planning for Future Meetings. The meeting is open to the public. The contact person is Mark Thayer (619) 594- 5510. For further information about the CBEE and this meeting consult the CBEE Web Page at www.cbee.org. Public Meeting January 5, 1999 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The ADMINISTRATIVE COMMITTEE (DDTPAC) 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 - Technical Advisory Committee January 6, 1999 Pacific Energy Center 9:30 am - 4 pm 851 Howard Street, 1st Floor San Francisco The Technical Advisory Committee for the California Board for Energy Efficiency will conduct a meeting. The following agenda items will be discussed: CPUC Draft Decision, Future Program Planning, Implementation of 1999 Programs, Res Contractors Program, Res Workshops, Shareholder Incentives, CREATE Program, Market Assessment and Evaluation (MA&E) Reports Submitted to CBEE, Coordination of Utility/Local Government Initiatives, Updates on 11/16 and 11/17 IOU Filings Comments by CBEE and Other Parties, 1999 DSM Program Plans, Long-term Planning of TAC, Cost Effectiveness Evaluation. For more information contact Wm. Stevens Taber, Jr., Chairman, at (415) 457-7498. Public Meeting January 6 and 7, 1999 California Public Utilities 9 am - 5 pm Commission 505 Van Ness Avenue, 1st Floor Training Room Corner of Van Ness Avenue and McAllister Street) San Francisco The Administrative Committee of the Electric Education Trust (EE T) meets to discuss and implement a CBO outreach grant program and an educational efforts plan, address any recent Commission action on the September 24th 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, discuss and plan public forum meetings tentatively planned for Spring 1999, and related matters. The contact person is William Schulte at (415) 702-2349. Public Meeting January 8, 1999 California Public Utilities 1:30 pm - 4 pm Commission 505 Van Ness Avenue, Room 3212 (Corner of Van Ness Avenue and McAllister Street) San Francisco ADMINISTRATIVE COMMITTEE CHCF-A, CHCF-B, and CTF AGENDA Introduction and Public Comments Approve Public Meeting Minutes Of 12/1/98 Status of the Selection of a Financial Institution(s) for Trusts for California High Cost Fund B and the California Teleconnect Fund Review and Approve CHCF-B Claims and Expenses Discuss Concerns Regarding Available Data Base For Reviewing CHCF-B Claims Status Report of CHCF-B Resolution adopting 1999 Budget and Surcharge Review and Approve CHCF-A Claims and Expenses Discuss financial condition of CHCF-A trust Status Report of CHCF-A Resolution adopting 1999 Budget Review and Approve CTF Expenses Status Report of the CTF Fund and Claims Process Discussion of Relationship of CTF Program with Federal E-rate Program Public Meeting January 11, 1999 Deaf and Disabled 10 am - 2 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The VIDEO RELAY TRIALS 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 January 14, 1999 Deaf and Disabled 9:30 am - 3:30 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The EQUIPMENT PROGRAM ADVISORY COMMITTEE (EPAC) 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 January 12, 1999 California Public Utilities 9 am - 4 pm Commission 505 Van Ness Avenue, training room (Corner of Van Ness Avenue and McAllister Street) San Francisco NXX CODE LOTTERY WORKSHOP The Telecommunications Division of the California Public Utilities Commission will be holding a second technical workshop on fine-tuning the NXX Code Lottery held each month at the CPUC. Decision 98-08-037 found there is a need for a fresh review of lottery procedures. In this second workshop, the lottery process will be reviewed to determine if there are ways to make the distribution of NXX codes among carriers more equitable, and more conducive to the development of competition. Specifically, the topic of increasing the percentage of initial codes assigned from the lottery from the current 60% to a higher amount will be explored. Participants should come prepared to address potential reform measures for the lottery, identify potential shortcomings and suggest ways to revise the lottery process to promote a more competitive market including potential revisions in the allocation between initial and growth codes. If you plan to attend the January 12, 1999 workshop please RSVP by January 8, 1999 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. Public Meeting - LIGB Meeting Notice January 19, 1999 Hilton Universal City and 10 am - 4 pm (PST) Towers 555 Universal Terrace Parkway and Universal City January 20, 1999 Note: Southern California 10 am - 4 pm (PST) location of meeting. Conference Call Note: If you experience Information problems trying to access this January 19, 1999 conference call please contact Dial (415) 356-1430 Confertech at 1-800-314-3558 Passcode = 2408347# and have them verify the Dial- in # and Passcode scheduled January 20, 1999 under Master Reservation Dial (415) 356-0687 #10383502 for CH2M HILL (Sharon Passcode = 2408347# Weinberg is the designated Chairperson) The Board will meet to discuss the following topics: report from the Chair; subcommittee reports; financial status report; discussion of ACR (Draft or Final) Ruling; discuss/decide future direction and status for the Board and LIGB Advisory Committee (AC) including disbanding formal AC role; revision of the LIGB budget for 1999; discussion of Legal opinion on conflict of interest and what action is needed; discussion paper on needs assessment per Commission's directions; discuss LIEE & CARE performance incentives; submit work paper; discuss pilot projects per Commission's orders; critique and discuss Commission Decision on the four technical advice letter filings; discuss and prepare budgets for consultants; set future meeting dates; set content of future meetings; revision of milestones schedule; process for taking action between Board meetings; and review and approval of meeting minutes. An agenda for the meeting is being developed and can be obtained from the LIGB's website at www.ligb.org. The meeting is open to the public. For more information contact Sharon Weinberg at (510) 251-2888, extension 2025. Public Meeting January 20, 1999 California Public Utilities Lottery begins at 1:30 Commission pm 505 Van Ness Avenue, training room (Corner of Van Ness Avenue and McAllister Street) San Francisco LOTTERY FOR TELEPHONE NUMBER PREFIX ASSIGNMENTS IN THE 209/559, 213/323, 310, 408/831, 415, 510, 619, 650, 714, 805, 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, 619, 650, 714, 805, 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 January 12, 1999. 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. Companies who wish to have a sealed envelope prepared for them on an ongoing basis containing their confidential letter designations for each NPA lottery drawing, should submit such a request in writing prior to the close of business on January 12, 1999 to: Mary Jo Borak, Telecommunications Division, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102. Public Meeting CANCELLED AS OF 12/16/98 January 22, 1999 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The CALIFORNIA RELAY SERVICE ADVISORY COMMITTEE (CRSAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact 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 January 25, 1999 DDTP 1999 JOINT MEETING 10 am - 4 pm Oakland Airport Hilton 1 Hegengerger Road Oakland NOTE: Contact Elana Kalisher before 15 (Room located on ground floor) January if you wish to attend the luncheon (12 pm - 1 pm) The ANNUAL DDTP JOINT MEETING (DDTPAC, CRSAC and EPAC) 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 January 26, 1999 Deaf and Disabled 10 am - 4 pm Telecommunications Program Oakland Airport Hilton 1 Hegenberger Road, Pacific Room (Ground Floor) Oakland The CALIFORNIA RELAY SERVICE ADVISORY COMMITTEE (CRSAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact 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 February 2, 1999 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The ADMINISTRATIVE COMMITTEE (DDTPAC) 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 February 11, 1999 Deaf and Disabled 9:30 am - 3:30 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The EQUIPMENT PROGRAM ADVISORY COMMITTEE (EPAC) 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 February 25, 1999 Deaf and Disabled 10 am - 2 pm Telecommunications Program 1939 Harrison Street, Suite 555 Oakland The 711-SUB-COMMITTEE of the Deaf and Disabled Telecommunications Program will hold a meeting to discuss relay access. 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 February 26, 1999 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The CALIFORNIA RELAY SERVICE ADVISORY COMMITTEE (CRSAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact 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. NOTICE OF DRAFT RESOLUTIONS (Pursuant to PU Code 311(g)) Draft Resolution Approving Interagency Memorandum Of Understanding Between The California Public Utilities Commission And The California Electricity Oversight Board Pursuant to the Daily Calendar Notice of December 18, 1998, a draft resolution (L-276) of the Legal Division, approving an Interagency Memorandum of Understanding (MOU) Concerning Responsibilities Related to the Electricity Industry Between the California Public Utilities Commission (CPUC) and the California Electricity Oversight Board will be on the agenda at the Commission meeting of January 20, 1999. Members of the public may obtain a copy of L-276 for review and submission of written comments, which are due January 8, 1999. An copy of the December 18, 1998, Calendar Notice, draft resolution and MOU is available on the Commission's web site: http://www.cpuc.ca.gov/electric_restructuring/osb/index.htm Members of the public without access to the Commission's Web site may also contact Charlene Lundy at (415) 703-1186) at the Commission to request copies. Draft Resolution Increasing Household Goods Carrier Maximum Rates Available. A draft resolution of the Rail Safety and Carriers Division that increases the household goods carrier maximum rates contained in Maximum Rate Tariff 4 will be on the January 20, 1999 Commission meeting agenda. It is now available for public review and comment. For details on how to obtain a copy of the draft and file comments on it, refer to the notice that was published on this matter in the December 21, 1998 Daily Calendar. It is available through the Daily Calendar Archives on the Commission's web site: http://www.cpuc.ca.gov/divisions/alj/alj_div_cal.htm NEW FILINGS 12/21/98 A98-12-022 GTE California Incorporated, for approval to lease assets pursuant to Section 851 of the Public Utilities Code PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 12/22/98 A98-07-008 Landmark Communications, Inc., for certificate of public convenience and necessity to resell interLATA, intraLATA telecommunications services; Application for Rehearing of D98-11-054 by Landmark Communications, Inc. 12/23/98 A94-11-015 Pacific Gas and Electric Company for authority to revise its gas rate under the biennial cost allocation proceeding (BCAP) for increase by approximately $173 million beginning 10/1/1995, and ending 9/30/1997; Application for Rehearing of D98-11- 068 by The Utility Reform Network 12/23/98 C97-02-027 Pacific Bell vs. MCI Telecommunications Corporation, for failure to remit the pay station service charge (PSSC) to Pacific Bell for intraLATA non- sent-paid calls originating on Pacific Bell payphones; and for engaging in unfair competition by providing intraLATA service to its customers without imposing PSSC; Application for Rehearing of D98-11-063 by MCI Telecommunications Corporation 12/23/98 I98-08-004 Commission Order Instituting Investigation into the operations, practices, and conduct of Coral Communications, Inc. (Coral) and 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 authorize; Application for Rehearing of D98-12- 010 by Easy Access International, Inc. 12/23/98 R95-04-043 Order Instituting Rulemaking on the Commission's own motion into the competition for local exchange service. I95-04-044 Order Instituting Investigation on the Commission's own motion into competition for local exchange service; Application for Rehearing of D98-11-066 by the Office of Ratepayer Advocates - Grau and Ulmer DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * PRESIDING OFFICER'S DECISION * ARBITRATOR'S REPORTS NONE ADVICE LETTER FILINGS To inquire about a filing, call the Energy Division (703- 1093), Telecommunications Division (703-1889) or Water Division (703-2028). To protest a filing, mail the original letter/telegram to the Chief of the appropriate division (i.e., "Chief, [Energy, Telecommunications or Water] Division"), to be received no later than 20 days after the date the Advice Letter was filed. "Effective TBD" means that the date is to be determined by further Commission action. A date listed as "anticipated effective" may be subject to change. An Advice Letter Supplement is not a new filing, and there is no protest period unless indicated. 12/22/98 Water 82 DEL ORO WATER CO., INC., [Ferndale, Johnson Park, Lime Saddle, Magalia and Paradise Pines Districts]Add a surcharge to recover the Dept. of Health Services fees and water testing expenses. (effective TBD) 12/22/98 Water 1047- SOUTHERN CALIFORNIA WATER COMPANY, W [Los Osos District]Increase rates to offset the cost for the completed Calle Cordoniz reservoir. (effective TBD) 12/22/98 Water 1048- SOUTHERN CALIFORNIA WATER COMPANY, W [San Dimas District]Compliance filing to increase rates pursuant to D. 98- 12-070, dated December 17, 1998. (anticipated effective 01/01/99) 12/22/98 Water 1049- SOUTHERN CALIFORNIA WATER COMPANY, W [San Gabriel District]Compliance filing to increase rates pursuant to D.98-12-070, dated Decembe 17, 1998. (anticipated effective 01/01/99) 12/22/98 Water 1050- SOUTHERN CALIFORNIA WATER COMPANY, W [Orange County District]Compliance filing to increase rates pursuant to Decision 98-12-070, dated December 17, 1998. (anticipated effective 01/01/99) 12/22/98 Water 1051- SOUTHERN CALIFORNIA WATER COMPANY, W [Ojai District]Compliance filing to increase rates pursuant to D.98-12- 070, dated December 17, 1998. (anticipated effective 01/01/99) 12/22/98 Water 1052- SOUTHERN CALIFORNIA WATER COMPANY, W [Metropolitan District]Compliance filing to increase rates pursuant to D.98-12-070, dated December 17, 1998. (anticipated effective 01/01/99) 12/22/98 Water 31 STIRLING BLUFFS CORPORATION, Add a surcharge to recover the Dept. of Health Services fees and water testing expenses. (effective TBD) 12/23/98 Energy PACIFIC GAS & ELECTRIC COMPANY, 1834E Notice of the relocation of power lines in the City of Fairfield. (anticipated effective 01/01/99) 12/23/98 Energy PACIFIC GAS & ELECTRIC COMPANY, 1835E Revise Preliminary Statement Part BB, Competition Transition Charge Responsibility for All Customer and CTC Procedure for Departing Loads. (anticipated effective 01/01/98) 12/23/98 Energy 2127 PACIFIC GAS & ELECTRIC COMPANY, Revised Core gas rates. (anticipated effective 01/01/99) 12/23/98 Energy SOUTHERN CALIFORNIA EDISON COMPANY, 1344E-A Supplements A.L.No.1344E, Performance- Based Ratemaking (PBR) Distribution Rates. (anticipated effective 12/12/98) 12/23/98 Energy SOUTHERN CALIFORNIA EDISON COMPANY, 1358E Agreements for infrastructure improvement project management with the United States Government under General Services Administration and basic ordering agreement guidelines. (anticipated effective 02/01/99) 12/23/98 Energy SOUTHERN CALIFORNIA EDISON COMPANY, 1359E Revision to Preliminary Statement, Competition Transition Charge Responsibility. (anticipated effective 01/01/99) 12/23/98 Energy 2773 SOUTHERN CALIFORNIA GAS COMPANY, Amendments 1 and 2 of long term storage contract for BC Gas Utility. (anticipated effective 02/01/99) 12/23/98 Energy 2774 SOUTHERN CALIFORNIA GAS COMPANY, Long term storage contract with Sempra Energy Trading Corporation. (anticipated effective 01/01/99) 12/23/98 Energy 2775 SOUTHERN CALIFORNIA GAS COMPANY, Revised Retail Core and Wholesale Standby Procurement Charges and Buy- Back rates for December 1998. (anticipated effective 12/31/98) 12/24/98 Water 77 ALCO WATER SERVICE, [Moss Landing Division]Acquire the Moss Landing Heights Mutual Water System and to add its facilities to the division's service area. (effective TBD) 12/24/98 Water 12-W ARROYO CENTER WATER CO., INC., Add a surcharge to recover the Dept. of Health Services fees and water testing expenses, and to offset increase in the Consumer Price Index. (effective TBD) ADVICE LETTER PROTESTS To inquire about a protest, call the Energy Division (703- 1093), Telecommunications Division (703-1889) or Water Division (703-2028). To obtain a copy of the protest, please direct your request to the protestor. NONE MISCELLANEOUS TRANSPORTATION ITEMS December 28, 1998 Filings with Rail Safety and Carriers Division NONE MISCELLANEOUS TELECOMMUNICATION MATTERS December 28, 1998 NONE ADJOURNMENTS * RESETTINGS * SUBMISSIONS NONE REMOVALS FROM CALENDAR NONE NEW SETTINGS 1/15/99 10:00 (PHC)-Rick E. Thurber vs. Pacific Gas ALJ Vieth a.m. and Electric Company and Pacific Comr Duque C.98-09- Bell, for permitting foreign 036 attachments as signs, posters, banners, decorations, wires, etc. upon their facilities, 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 12/29/98 9:30 NONE SCHEDULED a.m. 1/5/99 9:30 NONE SCHEDULED a.m. 1/12/99 9:30 NONE SCHEDULED a.m. FINAL ORAL ARGUMENT NONE 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 1/4/99 10:00 (EH)- Pacific Gas and Electric ALJ Minkin a.m. Company, to establish the eligibility Comr Bilas A.98-05- and seek recovery of certain electric 004 industry restructuring implementation costs as provided for in Public Utilities Code Section 376, A.98-05- (EH)-San Diego Gas & Electric 006 Company, for (1) a determination of eligibility for recovery under Public Utilities Code Section 376 of certain cost categories and activities, (2) a finding of reasonableness of the costs incurred through 12/31/97, (3) approval of an audit methodology for verifying the eligibility of Section 376 costs for recovery from A.98-05- 1998 through 2001, and (4) approval 015 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 January 5-8, (CA) 9:00 a.m., January 13) 1/5/99 10:00 (PHC)-Pacific Gas and Electric ALJ Barnett a.m. Company to establish performance Comr Duque A.98-11- based ratemaking for electric and gas 023 utility distribution service effective January 1, 2000, Commission Courtroom, San Francisco 1/7/99 10:00 (PHC)-Commission Order Instituting ALJ Malcolm a.m. Rulemaking to develop standards for Comr Conlon R.96-11- electric system reliability and Comr Neeper 004 safety pursuant to D96-09-073, Commission Courtroom, San Francisco 1/7/99 2:00 p.m. (OA)-San Diego Gas & Electric Company ALJ Barnett A.98-05- for authority to increase its Comr Duque 019 authorized return on common equity, to adjust its existing ratemaking capital structure, to adjust its authorized embedded costs of debt and preferred stock, to decrease its A.98-05- overall rate of return and to revise 021 its electric distribution and gas rates accordingly, (OA)-Pacific Gas and Electric Company for authority to establish its authorized rates of return on common A.98-05- equity for electric distribution and 024 gas distribution and establish its unbundled rates of return for calendar year 1999 for electric distribution and gas distribution, (OA)-Southern California Edison Company for consideration of unbundled rate of return on common equity, capital structure, cost factors for embedded debt and preferred stock and overall rate of return for utility operations, Commission Courtroom, San Francisco 1/8/99 2:00 p.m. (PHC)-Snow Valley, Inc. vs. Southern ALJ Bennett C.97-09- California Edison Company for unjust, Comr Knight 024 unreasonable and discriminatory rates and charges; for improper charges for construction of a power substation, Telephone Conference, Room 5012, San Francisco 1/8/99 9:30 a.m. (PHC)-County of Riverside Department ALJ Bennett C.97-03- of Environmental Health vs. Spring Comr Neeper 034 Crest Water and Power Company, for failure to comply with minimum water quality and quantity requirements as contained in Title 22 of the California Code of Regulations Telephone Conference, Room 5012, San Francisco 1/11/99 10:00 (PHC)-The Utility Consumers' Action ALJ Bushey a.m. Network vs. Pacific Bell for unlawful Comr Neeper C.98-04- and deceptive sales program and 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 (also (EH) January 21-22) 1/11/99 10:00 (EH)- Application of Pacific Gas & ALJ Malcolm a.m. Electric Company to Recover 1997 and Comr Bilas A.98-07- 1998 Non-Nuclear Generation Capital 058 Additions in the Competition Transition Charge Pursuant to PU Code Section 367, A.98-08- (EH)-Application of San Diego Gas & 012 Electric Company (U 902-E) for Competition Transition Charge ("CTC") Recovery of Capital Additions, Commission Courtroom, San Francisco, (also January 12-14) 1/11/99 10:00 (EH)-Isam M. Alziq to transfer and ALJ a.m. A&M United Group, L.L.C. to acquire a Rosenthal A.98-06- certificate of public convenience and Comr Conlon 051 necessity and certain other assets, pursuant to Section 851, et. seq. of the California Public Utilities Code, Commission Courtroom, Los Angeles (also January 12-15) 1/11/99 1:30 p.m. (WS)-Commission Order Instituting ALJ Walwyn R.97-10- Rulemaking on the Commission's own Comr Bilas 016 motion into monitoring performance of operations support systems, I.97-10- (WS)-Commission Order Instituting 017 Investigation on the Commission's own motion into monitoring performance of operations support systems, Commission Courtroom, San Francisco 1/12/99 9:00 a.m. (PHC)-Pacific Gas and Electric ALJ Stalder A.98-04- Company for Commission order finding Comr Duque 003 that its electric operations during the reasonableness period from January 1, 1997 to December 31, 1997 as well as certain of its gas operations during the reasonableness periods from January 1, 1996 to December 31, 1996 and January 1, 1997 to December 31, 1997, were prudent; made to seek recovery of costs related to the ISO-PX Implementation Delay Memorandum Account, Commission Courtroom, San Francisco (also (EH) February 1-16) 1/12/99 10:00 (EH)- California Water Service ALJ Vieth p.m. Company for a general rate increase Comr Duque A.98-09- to increase revenues by $897,400 or 013 6.1% 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 A.98-09- Los Angeles District, 014 (EH)-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 2.5% in the year 2001, and $334,800 A.98-09- or 2.5% in the year 2002 in the Bear 015 Gulch district, (EH)-California Water Company for an order authorizing it to increase A.98-09- rates charged for water service in 016 the Hermosa-Redondo district, (EH)-California Water Service Company for an order authorizing it to increase rates charged for water service in the Visalia district, Commission Courtroom, San Francisco (also 9:00 a.m., January 13-15) 1/13/99 9:30 a.m. (EH)-Pacific Bell vs. MCI ALJ DeUlloa C.98-06- Telecommunications Corp., Inc., and Comr Knight 028 MCI Metro Access Transmission Services, Inc., for breach of the interconnection agreement, Commission Courtroom, San Francisco, (also January 14-15) 1/13/9 10:00 (PHC)-Greg Roberts vs. Pacific Bell ALJ Ryerson a.m. and Southwestern Bell Corporation for Comr Neeper C.98-09- not providing repair services, 020 Commission Courtroom, Los Angeles 1/13/99 1:00 p.m. (PHC)-Application of Southern ALJ Patrick A.98-05- California Edison Company to report Comr Conlon 014 on the valuation process for certain generation-related assets pursuant to A.98-05- D.97-11-074, 022 (PHC)-Application of Pacific Gas and Electric Company to report assessments of inventory balances and to address appraisal of retained generation assets, Commission Courtroom, San Francisco 1/14/99 10:00 (PHC)-Commission Order Instituting ALJ Bushey a.m. Investigation into the operations, Comr Duque I.98-08- practices and conduct of the Coral 004 Communications, Inc. (Coral) and Michael Tinari, President of the 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 1/14/99 2:00 p.m. (PHC)-Application of Red and White ALJ McVicar A.98-11- Ferries, Inc., for a certificate of Comr Duque 011 Public Convenience and Necessity to establish and operate vessel common carrier service between San Francisco on the one hand, and the Alameda Gateway Area and the Port of Oakland, on the other hand, Commission Courtroom, San Francisco 1/15/99 10:00 (PHC)-Rick E. Thurber vs. Pacific Gas ALJ Vieth a.m. and Electric Company and Pacific Comr Duque C.98-09- Bell, for permitting foreign 036 attachments as signs, posters, banners, decorations, wires, etc. upon their facilities, Commission Courtroom, San Francisco 1/18/99 10:00 (EH)-Rulemaking on the Commission's ALJ Walwyn a.m. Own Motion to Govern Open Access to Comr Bilas R.93-04- Bottleneck Services and Establish a Comr Duque 003 Framework for Network Architecture Development of Dominant Carrier Networks, I.93-04- (EH)-Investigation of the 002 Commission's Own Motion into Open Access and Network Architecture Development of Dominant Carrier Networks, Commission Courtroom, San Francisco (also January 19-22) 1/19/98 10:00 (EH)-Commission Order Instituting ALJ a.m. Rulemaking on the Commission's own Weissman R.98-01- motion to assess and revise the Comr Knight 011 regulatory structure governing California's natural gas industry, Commission Courtroom, San Francisco, (also January 20-22, January 25-29, (OA) 1:00 p.m., February 10, (EH) March 1-5) 1/22/99 10:00 (ECP)-Idowu S. Famuyiwa, Pako ALJ Wright a.m. Construction vs. Southern California C.98-12- Edison Company, Edison International 010 Co. for overcharges and disconnection of services, Library Lecture Hall, 101 West Manchester Blvd., Inglewood 1/25/99 10:00 (EH)-Pacific Gas and Electric Company ALJ Barnett a.m. for authorization to sell the El Comr Conlon A.98-04- Dorado Hydroelectric Project to El 016 Dorado Irrigation District, Commission Courtroom, San Francisco (also January 26-29) 1/26/99 9:30 a.m. (PHC)-Commission Order Instituting ALJ Bennett I.98-03- Investigation on the Commission's own Comr Duque 013 motion into whether existing standards and policies of the Commission regarding drinking water quality adequately protect the public health and safety with respect to contaminants such as Volatile Organic Compounds, Perchlorate, MTBEs, and whether those standards and policies are being uniformly complied with by Commission regulated utilities; compliance filing by utilities is due in 120 days from the date of the order, Commission Courtroom, San Francisco 1/26/99 10:00 (PHC)-Order Instituting Rulemaking on ALJ Patrick a.m. the Commission's Own Motion to Comr Conlon R.92-03- consider the line extension rules of 050 electric and gas utilities, Commission Courtroom, San Francisco 2/8/99 10:00 (PHC)-Order Instituting investigation ALJ a.m. into the power outage that occured on O'Donnell I.98-12- December 8, 1998 on Pacific Gas and 013 Electric Company's electric system, Commission Auditorium, San Francisco (also (EH) April 5, 1999) 2/9/99 10:00 (EH)-Southern California Water ALJ Walker p.m. Company for authority to assess a Comr Duque A.98-06- reservation fee for fire protection 005 for persons occupying or owning property within the service territory of the Desert District, February 10, Commission Courtroom, San Francisco) 2/9/99 1:30 p.m. (PHC)-Application of Pacific Gas and ALJ A.98-07- Electric Company to construct the Gottstein 007 Northeast San Jose Transmission Com Duque Reinforcement Project, Commission Courtroom, San Francisco 2/11/99 9:00 a.m. (OA)-Commission Order Instituting ALJ Bushey R.97-10- Rulemaking on the Commission's own Comr Duque 049 motion to set rules and to provide Comr Neeper guidelines for the Privatization and Excess Capacity as it relates to investor owned water companies, Commission Courtroom, San Francisco 2/16/99 9:00 a.m. (EH)-Energy Alternatives vs. Pacific ALJ Bennett C.97-09- Gas and Electric Company for failure Comr Bilas 030 to conduct an open and fair bidding process with respect to the awarding of the Energy Partners program administrative contract for 1997, Commission Courtroom, San Francisco (also February 17) 2/22/99 9:00 a.m. (EH)-Commission Order Instituting ALJ McVicar I.98-09- Investigation into the operations and Comr Duque 007 prectices of Pacific Gas and Electric Comr Neeper Company in connection with compliance with PU Code Section 451, General Order 95, and other applicable standards governing tree-line clearances, Commission Courtroom, San Francisco, (also February 23-26, March 1-5) 3/1/99 10:00 (EH)-San Diego Gas & Electric Company ALJ Barnett a.m. for authority to sell electrical Comr Conlon A.97-12- generation facilities and power Comr Bilas 039 contracts, Commission Courtroom, San Francisco (also March 2-5, March 8-11 3/8/99 9:00 a.m. (EH)-Southern California Edison ALJ Stalder A.89-03- Company for certificate to construct Comr Duque 026 and operate 220KV transmission line between Kramer substation and Victor Substation in San Bernardino County, Commission Courtroom, San Francisco (also March 9-12) 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 Conlon 031 Biennial Cost Allocation Proceeding 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) 3/23/99 10:00 (PHC)-San Diego Gas and Electric ALJ Barnett a.m. Company and Southern California Gas Comr Bilas A.98-07- Company for approval of a gas 005 transmission service tariff, (PHC)-Southern California Gas Company A98-10- for authority to revise its rates 012 effective August 1, 1999 in its biennial cost allocation proceeding, (PHC)-Application of San Diego Gas & A.98-10- Electric Company for Authority to 031 revise its gas rates effective August 1, 1999, in its biennial cost allocation proceeding. Commission Courtroom, San Francisco (also (second PHC) 10:00 a.m., (EH) 1:30 p.m., April 5, (EH) April 6-9, April 12-16, April 19- 23, April 26-30) 3/29/99 10:00 (EH)-The Utility Reform Network and ALJ a.m. Utility Consumers' Action Network vs. O'Donnell C.97-09- SBC Communications Inc., Pacific Comr Conlon 043 Telesis Group and Pacific Bell for Comr Neeper violation of the service quality requirements of D97-03-067 and the Public Utilities Code and for attempting to mislead the Commission with respect to Pacific Bell's service quality performance, Commission Courtroom, San Francisco, (also March 30, April 2) 4/16/99 10:00 (PHC)-Bayside Village, The Fillmore ALJ Bushey a.m. Center, and North Point Apartments Comr Knight C.95-08- vs. Pacific Bell for failure to take 039 responsibility for all building cross connects, Commission Courtroom, San Francisco 5/24/99 10:00 (EH)-In the Matter of the Application ALJ Galvin a.m. of Pacific Bell a corporation, for Comr Duque A98-07- Authority to Categorize Centrex as a 020 Category III Service, (EH)-In the Matter of the Application A.98-07- of Pacific Bell a corporation, for 029 Authority to Categorize Toll-Free (8XX) and Business MTS IntraLATA Toll Services as Category III Services, Commission Courtroom, San Francisco (also May 25-28, June 1-4) 6/14/99 10:00 (PHC)-Application of Pacific Gas and ALJ Minkin a.m. Electric Company for Review and Comr Duque A98-09- Recovery of the Costs and Revenues in Comr Conlon 003 the Transition Cost Balancing Account (U 39 E), (PHC)-Application of Southern A98-09- California Edison Company to Review 008 and Recovery Transition Cost Balancing Account Entries from January 1, 1998 through June 30, 1998 and Various Generation-Related Memorandum Account Entries, A98-09- (PHC)-Application of San Diego Gas & 009 Electric Company in the Annual Transition Cost Proceeding Regarding the Transition Cost Balancing Account (TCBA), Commission Courtroom, San Francisco (also (EH) 6/21-25, 6/28-30, 7/1-2, 7/5-8, (CA) 7/9, 9:00 a.m. 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. 12/7/98 A97-05-027 Southern California Edison, for an order approving the settlement agreements between Southern California Edison Company and winning bidders in Edison's biennial resource plan update auction. Summary: AUGMENTATION REQUIRED. On November 30, 1998, Elena Schmid, director of The Office of Ratepayer Advocates (ORA), and Jonathan A. Bromson, attorney for ORA, attended an all- party meeting with Cmmrs. Bilas, Conlon; and Maryam Ebke, interim adv. to Cmmr. Bilas. Bruce Foster of Southern California Edison (Edison); Steven Greenwald of Oxbow Power and Bowerman/Olinda; Bill Booth and Frank DeRosa of U.S. Generating Company; Bob Fineklstein of The Utility Reform Network (TURN); Jan Smutny-Jones of the Independent Energy Producers (IEP); Edward Maddox of Sea West; Peter A. Casicato of CalWind; and Sara Steck Myers of Zond Systems, Inc., were present at the meeting. ORA inadvertently forgot to file a notice of ex parte communication within three days of the meeting. ORA believes no party will be prejudiced by acceptance of this late filed notice because all active parties in the proceeding were present at the meeting. Filer: ORA Contact: Susie Toy Phone: (415) 703-1858 12/7/98 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 December 9, 1998, Francis Chin, General Counsel for the Metropolitan Transportation Commission (MTC), met with Cmmr. Bilas in San Francisco. Also present were: Lester Wong, advisor to Cmmr. Bilas; and Ann Flemer, Manager, Transit Coordination and Access, Emily Van Wagner, Project Manager, and Jose Guzman, Jr., attorney, for MTC. MTC representatives discussed the proposed decision on MTC's motion for the assignment of the 817 NXX block to support its TravInfoT travelers' information service in all new area codes opened in the Bay Area. MTC representatives stated that any carrier with a block of NXX numbers would use all or substantially all of them to serve its customers. MTC representatives explained that its motion was consistent with the public interest in the TravInfoT service. MTC also noted the substantially greater costs involved with switching the TravInfoT service to a toll free service and the substantial investment it already has made in hardware to operate its current system and in marketing. Filer: Metropolitan Transportation Commission Contact: Jose E. Guzman, Jr. Phone: (415) 398-3600 Summary: On December 2, 1998, Michael Morris of AT&T Communications of California, Inc. (AT&T), met with Cmmr. Neeper. Joseph Faber of AT&T was also present. Morris explained the critical importance of physical collocation to facility-based CLECs, and noted a number of concerns with the draft decision. Filer: AT&T Communications of California, Inc. Contact: Doretta Dea Phone: (415) 442-2985 Summary: On December 2, 1998, John Sumpter of AT&T Communications of California, Inc. (AT&T), met with Cmmr. Conlon, and his adv. Jose Jiminez. Michael Morris, and Joseph Faber of AT&T, Chris Poschl of Northpoint Communications, and Christine Mailloux, counsel for Accelerated Connections Inc., were also present. Morris explained the critical importance of physical collocation to facility-based CLECs, and noted a number of concerns with the draft decision. Filer: AT&T Communications of California, Inc. Contact: Doretta Dea Phone: (415) 442-2985 Summary: On December 2, 1998, Michael Morris of AT&T Communications of California, Inc. (AT&T), met with Lester Wong, adv. to Cmmr. Bilas. Joseph Faber of AT&T was also present. Morris explained the critical importance of physical collocation to facility-based CLECs, and noted a number of concerns with the draft decision. Filer: AT & T Communications of California, Inc. Contact: Dorothy Dea Phone: (415) 442-2985 Summary: On December 2, 1998, Michael Morris of AT&T Communications of California, Inc. (AT&T), met with Cmmr. Duque, and Tim Sullivan, adv. to Cmmr. Duque. Joseph Faber of AT&T was also present. Morris explained the critical importance of physical collocation to facility-based CLECs, and noted a number of concerns with the draft decision. Filer: AT & T Communications of California, Inc. Contact: Dorothy Dea Phone: (415) 442-2985 12/14/98 A98-06-052 PDO Communications, Inc., for arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. Summary: On December 11, 1998, Christine Maillou, counsel for PDO Communications, Inc. (PDO) initiated a telephone conversation with Tim Sullivan, advisor to Cmmr. Duque. Mailloux discussed a hold of the final decision during the December 17 meeting and general procedural status of the arbitration and options for the Commission. Mailloux explained a proposal to hold the final decision until Federal Telecommunications Commission action on the matter. Filer: PDO Communications, Inc. Contact: Karen Wonnell Phone: (415) 394-7500 12/14/98 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 December 3, 1998, Dennis Rodman, President, Amador Economic Development Corporation, Jackson, wrote a letter to Cmmr. Bilas. Copies of the letter were also sent to Cmmrs. Conlon, Duque, Neeper, and Knight. On December 7, 1998, Gene Milanowksi, Owner, PC Phone Works, Long Beach, Steven Kilstofte, Partner, Cayer, Kilstofte & Craton, Long Beach, and William Bentson, President, El Monte/South El Monte Chamber of Commerce, wrote 3 separate letters to Cmmr. Bilas. Copies of the letters were also sent to Cmmrs. Conlon, Duque, Neeper, and Knight. A copy of the last letter was also sent to Executive Director Franklin. On December 8, 1998, Debra Watkins, President, Santa Clara Alliance of Black Educators, San Jose, Brenda Russo, CEO, BKR Group, Rocklin, Henry Ernst, President and CEO, AD Com Group, Inc., Concord, Joe Watson, Monterey Peninsula Branch NAACP Resolution, Salinas, and William Mason, President, El Segundo Chamber of Commerce, wrote five separate letters to Cmmr. Bilas. Copies of the last December 8, 1998 letter were also sent to Cmmrs. Conlon, Duque, Neeper, Knight, and Executive Director Franklin. On December 9, 1998, Jim Ventress, Executive Director, Boys & Girls Club of Santa Clarita Valley, and Patricia Mayorga, Prsident, Baldwin Park Chamber of Commerce, wrote two separate letters to Cmmr. Bilas. Copies of the last December 9, 1998 letter were also sent to Cmmrs. Conlon, Duque, Neeper, Knight, and Executive Director Franklin. On December 11, 1998, Robert E. Caine, Managing Director, Actors Alley, North Hollywood, Jeri Gerner, Executive Vice President, Rovner Gerner & Associates, Woodland Hills, and Jason Tae Chung, Chung Oriental Medicine Clinic, West Hollywood, sent three separate letters to Cmmr. Bilas. Copies of the letters were also sent to Cmmrs. Conlon, Duque, Neeper, and Knight. A copy of the last letter was also sent to Executive Director Franklin. On the same date, December 11, 1998, Rob Stump, President, Sierra Instruments, Monterey, sent a letter to Cmmr. Bilas. On December 14, 1998, Howard Uller, Executive Director, Toberman Settlement House, Inc., San Pedro, sent a letter to Cmmr. Bilas. Copies of the letter were also sent to Cmmrs. Conlon, Duque, Neeper, and Knight and to Executive Director Franklin. The foregoing letters (attached to the notice) expressed support for Pacific Bell's entry in the long distance market. Filer: Pacific Bell Contact: Lila Tam Phone: (415) 542-9268 12/15/98 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: On December 10, 1998, Karen Potkul, Vice President - Legal and Regulatory Affairs for Nextlink California (Nextlink), met with Cmmr. Bilas in San Francisco. Also present were: Lester Wong, advisor to Cmmr. Bilas; Mack Gibson, Director - Process Integration and Supplier Management for Nextlink; and Doug Garrett, Senior Director - Government Affairs for ICG Telecom Group, Inc. Written materials (attached to the notice) on the issues discussed in the meeting were used. The group discussed issues regarding Pacific Bell's application pursuant to Section 271 of the Telecommunications Act of 1996. Filer: Nextlink California and ICG Telecom Group, Inc. Contact: Heidi Sieck Phone: (510) 580-5815 Williamson 12/18/98 A98-03-012 MHC Acquisition One, L.L.C., for a certificate of public convenience and necessity to continue to construct a public utility water system and a public utility sewer system within the City of Santa Cruz in Santa Cruz County and to establish rates for an interim application period and on- going rates for water and sewer service. Summary: On December 16, 1998, William Booth, counsel for the De Anza Santa Cruz Homeowners' Association (De Anza), on two separate occasions, contacted Fassil Fenikile, advisor to Cmmr. Neeper, and Maryam Ebke, advisor to Cmmr. Bilas, by telephone. Booth explained that the proposed decision (PD) is premised on a fundamental mistake with respect to the law and facts. Booth stated that it has mistakenly concluded that in 1993, when the park operator elected to separate water and sewer charges from rent pursuant to Civil Code section 798.41, the election effectively removed all costs incurred by the park operator associated with the provision of water and sewer services from rent. Booth explained that this mistaken premise led the ALJ to conclude that the Commission and public utility status represents that sole avenue for the park operator to recover such costs. Booth further explained that Section 798.41 permits the separation from rent of the charges a park operator pays its underlying provider of utility services only, and does not permit the separation of the costs of operating in-park distribution systems. Booth also stated that the evidence demonstrates that the election in 1993 separated only the so-called "pass-through" costs and did not separate out the costs of owning and operating the in- park systems, and that such costs are still recovered through rents. Booth noted that the approval of utility rates which include such costs will result in a double recovery from tenants. Booth also warned that approval of the PD is likely to bring forth an avalanche of similar requests for public utility status from mobile home park operators. Filer: De Anza Santa Cruz Homeowners' Association Contact: Susan Arce Phone: (415) 433-1950 12/18/98 A98-04-008 Pacific Gas and Electric Company, for an order under Section 701 of the Public Utilities Code granting Pacific Gas and Electric Company permission to use natural gas-based financial instruments to manage market risks associated with California gas transmission's assets. Summary: On December 15, 1998, Eric Eisenman, Director, Regulatory Relations, Pacific Gas and Electric Company (PG&E), met with Maryam Ebke, advisor to Cmmr. Bilas, and with James Hendry, advisor to Cmmr. Conlon, in two separate meetings in San Francisco. Also present were: Jann Huie-King, Director, Risk Management, and Daniel Thomas, Manager, Products and Sales, for PG&E. Written materials (attached to the notice) were used. Thomas explained that PG&E has requested the authority to use natural gas-based financial instruments in order to manage the risks associated with its natural gas transmission. Huie-King requested that the second sentence of Ordering paragraph 1d be deleted and stated that the language in the proposed decision may limit the number of financial coutnerparties that can participate in risk management transactions with PG&E. Huie-King added that this would create larger positions with fewer financial counterparties, which may create a discernible impact in the market. Filer: Pacific Gas and Electric Company Contact: Sandra Ciach Phone: (415) 972-5611 12/18/98 R98-06-029 Commission Instituting Rulemaking into the service quality standards for all telecommunications carriers and revisions to General Order 133-B. Summary: On December 15, 1998, Tony DiTirro, Senior Manager of Regulatory Affairs for MCI Telecommunications Corporation (MCI), sent an identical letter (attached to the notice) to all five Commissioners on behalf of the California Telecommunications Coalition, including the California Cable Television Association, the California Association of Competitive Telecommunications Company, MCI, Covad Communications, ICG Telecom Group, Inc., NEXTLINK California, AT&T Communications of California, Inc., AT&T Wireless of California, Inc., NorthPoint Communications, Inc. The letter explains why the service quality standards proposed in the draft decision of Cmmr. Conlon should not be applied to competitive carriers. The letter states that the record is inadequate to support application of these standards to competitive carriers; competitive carrier customers can always "vote with their feet"; competitive carriers can not recover the costs of compliance, unlike incumbent carriers; because competitive carriers are reliant on ILEC, the Commission cannot set standards for competitive carriers until ILEC wholesale standards are set. Filer: MCI Telecommunications Corporation Contact: Michelle de Villers Phone: (415) 228-1199 12/21/98 A97-05-027 Southern California Edison Company, for an order approving the settlement agreements between Southern California Edison Company and winning bidders in Edison's biennial resource plan update auction. Summary: LATE FILED. On December 14, 1998, Jonathan Bromson, attorney for the Office of Ratepayer Advocates (ORA), met with Robert Lane, advisor to Cmmr. Knight, James Hendry, advisor to Cmmr. Conlon, Michelle Cooke, advisor to Cmmr. Duque, and Maryam Ebke, advisor to Cmmr. Bilas, in four separate meetings in San Francisco. Bromson expressed ORA's continued support for the draft decision of ALJ Econome, and its strong preference for the alternate of Cmmr. Conlon over the alternate of Cmmrs. Bilas and Neeper. Bromson noted that the Bilas/Neeper alternate relied upon a finding of fact regarding the avoidance of litigation that was contradicted by language in biennial resource plan update (BRPU) settlements that allowed Southern California Edison Company (Edison) to challenge the BRPU in proceedings at the Federal Energy Regulatory Commission (FERC). Bromson stated that such litigation resulted in the FERC's issuance of an advisory opinion in February, 1995 that led to the Commission's suspension of the BRPU solicitation and of consideration of the early-submitted BRPU settlements, pending further instructions of the Commission. The July 5, 1995 assigned commissioner's ruling held itself out to be such an order of the Commission, and directly referenced the settlements that had been submitted, thus clearly applying its guidelines to all BRPU settlements. Filer: ORA-Bromson Contact: Susie Toy Phone: (415) 703-1858