Daily Calendar California Public Utilities Commission Friday, January 23,1998 Page 39 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, January 23, 1998 ú Regular Commission Meetings ú Notices ú Subscription Information (Daily Calendar and Agenda) ú Commissioner Office Hours ú Public Meetings and Workshops ú New Filings ú Petitions for Modification of Applications for Rehearing ú Draft Decisions/Proposed Decisions/Alternates/Arbitrator's Reports ú Advice Letter Filings ú Miscellaneous Transportation Items ú Adjournments/Resettings/Submissions ú Removals from Calendar ú New Settings ú Law and Motion Hearings ú Hearings ú Notice of Denial of Request for Ex Parte Meeting ú Notice of Ex Parte Communications Commission Decisions and Resolutions for the Conference of January 7, 1998 and ALJ Resolution ALJ-176-2985 regarding ratification of preliminary determinations of category are included in this calendar. REGULAR COMMISSION MEETINGS February 4, 10 am San Francisco 1998 February 19, 10 am 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. The Payphone Service Provider's Enforcement Committee has proposed a Charter for approval by the CPUC. A protest must be made in writing and received within 20 days from the date of this calendar item. Protest must be delivered to Director, Telecommunications Division, 505 Van Ness Ave., Room 3203, San Francisco, CA, 94102. Filing: Letter Seeking Approval Date Filed: December 26, 1997 Filed With: Telecommunications Division Public Advocates on behalf of the Signatory coalitions, requests approval of the Organizational Charter filed on December 26, 1997, implementing D.97-03-067 Community Partnership Commitments. Comments/protests must be delivered to Director, Telecommunications Division, 505 Van Ness Avenue, Room 3203, San Francisco, CA 94102 by February 2, 1998. The contact person is Linda Rochester at (415) 703- 2770. 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, Michelle Diamonon at (707) 445-7875 for Eureka and Chico locations, and Sandra Graham at (213) 897-3544 for other locations). Date/Time Commissioner Location 2/25/98, 1 pm - 4 Henry M. Duque State Office Building pm 107 So. Broadway, Room 5109 Los Angeles 3/13/98, 9 am - Josiah Neeper State Office Building 12 pm 1350 Front Street, Room 4006 San Diego 4/17/98, 9 am - Josiah Neeper State Office Building 12 pm 107 So. Broadway, Room 5109 Los Angeles 5/15/98, 9 am - Josiah Neeper State Office Building 12 pm 1350 Front Street, Room 4006 San Diego PUBLIC MEETINGS & WORKSHOPS Public Meeting January 23, 1998 California Public Utilities 9:30 am - 4 pm Commission 505 Van Ness Avenue, Room 5305 (Corner of Van Ness Avenue and McAllister Street) San Francisco The California Board for Energy Efficiency will meet to discuss the proposed RFP for independent administrators and governing rules, analysis and evaluation plans; utility 1998 program plans and associated reports to and decisions by the ALJ; utility third-party programs; standard performance contracting programs; consultant workplans; 1998 energy efficiency budgets; development of a CBEE logo; reports from or direction to the technical consultants and Technical Advisory Committee, Board operational matters, and other Board filings. The contact person is Sara Myers, (415) 387- 1904. Public Meeting January 23, 1998 Deaf and Disabled Telecommunications Program (REVISED DATE) 1939 Harrison Street 10 am - 4 pm DDTP Conference Room, Suite 555 Oakland The California Relay Service Advisory Committee (CRSAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Workshop Notice January 26, 1998 California Public Utilities 9 am Commission 505 Van Ness Avenue, Training Room (Corner of Van Ness Avenue and McAllister Street) San Francisco The Energy Division staff will conduct a workshop to discuss technical criteria related to load profiling. This workshop is being held pursuant to an Assigned Commissioners' Ruling dated January 13th, 1998. The workshop is open to the public and the training room is wheelchair accessible. For more information contact Steve Roscow of the Energy Division (phone: 415-703-2818). Public Meeting January 27, 1998 San Diego Gas & Electric Company Various times. (See 8306 Century Park Court, Building Schedule below.) 4 San Diego With a Break for Lunch (A brief break will be To join via teleconference: called prior to lunch) Dial: 303-633-0782 Passcode: 1505225# Advisory Committee Topic Area Discussions Topic Area 1: Administration Issues 9 am - 10 am Topic Area 2: Financial/Fiscal Management 10 am - 11 am Topic Area 3: Data Systems 11 am - 12 pm As provided for in Public Utilities Commission D97-09-117, one or more LIGB members may be participating in this meeting via teleconference. Members of the public may also participate in the meeting on January 27, 1998 by calling 303 633-0782. The Low Income Governing Board Advisory Committee will meet to discuss the following agenda items: review meeting minutes administrative/membership issues briefing on Board retreat legal issues, issues related to the transition of services topic area reports outreach to customers and develop agenda for next meeting These meeting are open to the public. You can get the materials for this meeting from the LIGB website at www.ligb.org under "Advisory Committee". Amy Hopper is the contact person at (510) 251-2888, extension 2015. Workshop Notice January 28, 1998 California Public Utilities 9 am Commission 505 Van Ness Avenue, Commission Auditorium (Corner of Van Ness Avenue and McAllister Street) San Francisco The Energy Division staff will conduct a workshop to discuss formation of a Direct access "Rule 22 Tariff Review Group". This workshop is being held pursuant to D.97-10-087, Ordering Paragraph 11. The workshop is open to the public and the Commission Auditorium is wheelchair accessible. For more information contact Steve Roscow of the Energy Division (phone: 415-703- 2818). Public Meeting January 28, 1998 California Public Utilities 10:00 am - 5 pm Commission 505 Van Ness Avenue, Room 3204 (Corner of Van Ness Avenue and McAllister Street) San Francisco The ULTS Marketing Board (ULTSMB) will hold its regular meeting to discuss/approve the following: Draft Charter, Draft 1998 Budget, results of previous ULTS Marketing Studies/Campaigns, election of Chairperson and Vice-Chair, and other general administrative matters. If you would like to join the meeting by phone conference or receive a copy of the full agenda please notify Vivien Wright, Executive Assistant, five (5) working days in advance of the meeting at (510) 452-2757. Workshop Notice January 29, 1998 California Public Utilities 9 am Commission 505 Van Ness Avenue, Hearing Room (Corner of Van Ness Avenue and McAllister Street) San Francisco The Energy Division staff will conduct a workshop to discuss formation of a "Universal Node Identifiers System" Working Group. This workshop is being held pursuant to D.97-12-090, Ordering Paragraph 1.a. The workshop is open to the public and the training room is wheelchair accessible. For more information contact Steve Roscow of the Energy Division (phone: 415-703-2818). Public Meeting January 29, 1998 Deaf and Disabled 10 am - 3 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 scheduled interviews for EPAC Open Committee Seats. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410/VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting January 29, 1998 Sacramento Municipal Utility 10 am - 4 pm District Sequoia Room 1 & 2 With a Break for Lunch 6301 S Street (A brief break will be Sacramento called prior to lunch) To join via teleconference: Dial: 303-633-0782 Passcode: 1505225# As provided for in Public Utilities Commission D97-09-117, one or more LIGB members may be participating in this meeting via teleconference. Members of the public may participate in the meeting by calling 303-633-0782 on January 29, 1998. The Low Income Governing Board will meet to discuss the following agenda items: Chairperson's report, review meeting minutes, discuss legal issues, Technical Consultants projects, address budget planning/financial status, update on the Advisory Committee, debrief about Board retreat, address policy planning issues on critical path, and develop agenda for next Board meeting. These meetings are open to the public. You can get the materials for this meeting from the LIGB website at www.ligb.org. Amy Hopper is the contact person at (510) 251-2888, extension 2015. Workshop Notice January 30, 1998 California Public Utilities 9 am Commission 505 Van Ness Avenue, Commission Auditorium (Corner of Van Ness Avenue and McAllister Street) San Francisco The Energy Division staff will conduct a workshop to discuss formation of a "Permanent Standards Working Group" for meter standards under direct access. This workshop is being held pursuant to D.97-12-048, Ordering Paragraph 7. Workshop Notice January 30, 1998 Pacific Gas and Electric Company 9:30 am - 3:30 pm Energy Center 851 Howard Street San Francisco The Commitments Committee of the California Board for Energy Efficiency will hold a public workshop to discuss development of a common set of definitions for itemized utility assets and liabilities. The workshop is part of the first phase of the transfer of utility assets and liabilities related to energy efficiency programs, which involves identifying, defining and categorizing the specific assets and liabilities to be transferred. Subsequent phases involve audit and verification of assets and liabilities, and identification of the mechanism and time frame over which the assets are physically or financially transferred. The contact person is Nancy Licht, (707 522-1457. Public Meeting January 30, 1998 California Public Utilities 10 am - 4 pm Commission and 505 Van Ness Avenue, Training Room February 23 through (Corner of Van Ness Avenue and February 27, 1998 McAllister Street) 10 am - 4 pm San Francisco The Commission Energy Division is convening rate of return workshops on the topic of developing methodologies to match rate of return on equity to regulated and nonregulated utility services. The workshop setting will allow utilities and other parties to share their progress in unbundling costs of capital methodologies. The workshop is open to the public. Access and facilities for the disabled are available. The Commission will maintain an interactive area on the Commission's website for this workshop. The address of the Commission's website is www.CPUC.CA.GOV. Once on the Commission's website, parties should go to the Energy Division's Library to find the Unbundling the Costs of Capital Workshop area of the website. Parties are invited to post a copy of their proposal the Unbundling the Costs of Capital Workshop area of the Commission's website. Instructions for posting proposals and comments in the Unbundling the Costs of Capital Workshop area of the Commission's website are posted in that area of the website. If you have any questions, please contact Donna Wagoner at 415-703-3175. Public Meeting February 2, 1998 Deaf and Disabled 10:30 am - 4:30 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The Finance 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 Sara Brucker at (510) 874-1410/Voice or (510) 874-1411/TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting February 3, 1998 Pacific Gas and Electric Company Various times. (See Energy Center Schedule below.) 851 Howard Street (1 block west of the Moscone Center) With a Break for Lunch San Francisco (A brief break will be called prior to lunch) To join via teleconference: Dial: 303-633-0782 Passcode: 1505225# Advisory Committee Topic Area Discussions Topic Area 1: Administration Issues 9 am - 10 am Topic Area 2: Financial/Fiscal Management 10 am - 11 am Topic Area 3: Data Systems 11 am - 12 pm Full Advisory Committee Meeting 12:30 pm - 4 pm (Lunch is provided for advisory committee members) As provided for in Public Utilities Commission D.97-09-117, one or more LIGB members may be participating in this meeting via teleconference. Members of the public may also participate in the meeting on February 3, 1998 by calling 303 633-0782. The Low Income Governing Board Advisory Committee will meet to discuss the following agenda items: review meeting minutes administrative/membership issues briefing on Board retreat legal issues, issues related to the transition of services topic area reports outreach to customers and develop agenda for next meeting These meeting are open to the public. You can get the materials for this meeting from the LIGB website at www.ligb.org under "Advisory Committee". Amy Hopper is the contact person at (510) 251-2888, extension 2015. Public Meeting February 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 Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting February 6, 1998 California Public Utilities 9:30 am - 12 noon Commission 505 Van Ness Avenue, Room 3209 (Corner of Van Ness Avenue and McAllister Street) San Francisco The Interim Administrative Committee for the California High Cost Fund B (CHCF-B) and the California Teleconnect Fund (CTF) will hold its 10th meeting and the CHCF Trust Administrative Committee will hold its 2nd meeting. The meeting will discuss (1) tax exempt status for the CHCF B and CTF, (2) the funding levels and surcharge rate for the CTF, (3) the investment and disbursement policies of the CHCF-A, and (4) other administrative matters. The contact person for this meeting is Brian Roberts at (415) 703-2837. Workshop Notice February 9, 1998 California Public Utilities 9 am Commission 505 Van Ness Avenue, Training Room (Corner of Van Ness Avenue and McAllister Street) San Francisco The Energy Division staff will conduct a workshop to discuss load profiling issues related to the process for segmenting the current customer rate schedules into more segmented rate categories. This workshop is being held pursuant to D.97-10- 086, Ordering Paragraph 6. The workshop is open to the public and the training room is wheelchair accessible. For more information contact Steve Roscow of the Energy Division (phone: 415-703-2818). Workshop Notice February 10, 1998 California Public Utilities 9 am Commission 505 Van Ness Avenue, Training Room (Corner of Van Ness Avenue and McAllister Street) San Francisco The Energy Division staff will conduct a workshop to determine whether there should be dynamic load profiles for agricultural customers. This workshop is being held pursuant to D.97-10-086, Ordering Paragraph 8. The workshop is open to the public and the training room is wheelchair accessible. For more information contact Steve Roscow of the Energy Division (phone: 415-703-2818). Workshop Notice February 11, 1998 California Public Utilities 9 am Commission 505 Van Ness Avenue, Training Room (Corner of Van Ness Avenue and McAllister Street) San Francisco The Energy Division staff will conduct a workshop to discuss data and information necessary to assess the effects of load profiling, and to determine how load profiling methodologies and administration can be improved. This workshop is being held pursuant to D.97-10-086, Ordering Paragraph 10 (a). The workshop is open to the public and the training room is wheelchair accessible. For more information contact Steve Roscow of the Energy Division (phone: 415-703-2818). Public Meeting February 12, 1998 Deaf and Disabled 9:30 am - 3:30 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The Equipment Program Advisory Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting February 18, 1998 California Public Utilities 1:30 pm Commission 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, 213, 310, 408, 415/650, 510/925, 619, 714/949, 805, 818/626, AND 916/530 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, 213, 310, 408, 415/650, 510/925, 619, 714/949, 805, 818/626, and 916/530 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 February 10, 1998. For information on the lottery process, call (415) 703- 1879. If specialized accommodations for the disabled are needed, call the Public Advisor at (415) 703-2032 five working days in advance of the event. Public Meeting February 18, 1998 California Public Utilities 1:30 pm - 4 pm Commission 505 Van Ness Avenue, Room 3204 and other various dates (Corner of Van Ness Avenue and (See Schedule below.) McAllister Street) San Francisco The Universal Lifeline Telephone Service (ULTS) Administrative Committee will hold its regularly scheduled monthly meetings (see dates listed below) to approve the payment of telephone claims, review and approve administrative expenses, authorize administrative transfer, and other general administrative matters. If you would like to join the meeting by phone conference or receive a copy of the full agenda please notify Vivien Wright, Executive Assistant, five (5) working days in advance of the meeting at (510 452-2757. February through June 1998 ULTS Administrative Committee Meetings Wednesday, February 18, 1998 Wednesday, March 18, 1998 Thursday, April 16, 1998 Monday, May 18, 1998 Thursday, June 18, 1998 Public Meeting February 27, 1998 Deaf and Disabled Telecommunications Program (REVISED DATE) 1939 Harrison Street 10 am - 4 pm DDTP Conference Room, Suite 555 Oakland The California Relay Service Advisory Committee (CRSAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Sara Brucker at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. NEW FILINGS 1/15/98 A98-01- Southern California Gas Company, for 012 a limited exemption to the Commission's Affiliate Transaction Rules 1/15/98 A98-01- U.S. Payphone, Inc., for registration 013 as an interexchange carrier telephone 1/16/98 A98-01- San Diego Gas & Electric Company, for 014 authority to implement a distribution performance-based ratemaking mechanism PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 1/15/98 R97-04-011 Commission order instituting rulemaking, to establish standards of conduct governing relationships between energy utilities and their affiliates and I97-04-012 Commission order instituting investigation, to establish standards of conduct governing relationships between energy utilities and their affiliates; Application for rehearing of D97-12-088 by Washington Water Power Company 1/15/98 Petition for modification of D97-12- 088 by San Diego Gas & Electric Company 1/15/98 Petition for modification of D97-12- 088 by Southern California Edison Company 1/20/98 A97-05-016 Pacific Gas and Electric Company, for authority to establish its authorized rate of return on common equity, (ii) establish its authorized capital structure, and (iii) establish its overall rate of return for calendar year 1998; Application for Rehearing of D97-12- 089 by the Utility Reform Network 1/20/98 R92-03-050 Commission order instituting rulemaking, to consider the line extension rules of electric and gas utilities; Application for Rehearing of D97-12-098 by the California Building Industry Association 1/20/98 A96-07-009 Southern California Edison Company, to adopt performance based ratemaking and incentive based ratemaking mechanisms as specified in D95-12-063, as modified by D96- 01-009, with related changes in D89- 01-040, D92549 and D88-01-063, and A96-07-018 Pacific Gas and Electric Company, for approval of proposed hydroelectric/geothermal performance-based ratemaking (PBR) mechanisms, effective 1/1/98 and to change electric revenue requirements subject to PBR, also effective 1/1/98; Application for Rehearing of D97-12-096 by Pacific Gas and Electric Company 1/20/98 R97-04-011 Commission order instituting rulemaking, to establish standards of conduct governing relationships between energy utilities and their affiliates, and I97-04-012 Commission order instituting investigation, to establish standards of conduct governing relationships between energy utilities and their affiliates; Application for Rehearing of D97-12-088 by Wild Goose Storage, Inc. DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * ARBITRATOR'S REPORTS NONE ADVICE LETTER FILINGS NONE MISCELLANEOUS TRANSPORTATION ITEMS January 23, 1998 Filings with Safety and Enforcement 1/8/98 TCP-10517- Beau Limousine Service Inc. DBA Beau A Limousine Tours and Transportation, 999 South Novato, CA 94947, Tel. (415) 884-3770, Terminal address: same, application for Class A certificate ADJOURNMENTS * RESETTINGS * SUBMISSIONS A97-03- Econome-Pacific Gas and Electric 002 Company, to revise gas rates and tariffs, Prehearing Conference held and continued to 9 am, January 27; (EH) for 1:30 pm, January 27 REMOVALS FROM CALENDAR I97-04- McKenzie-Commission Order Instituting 014 Investigation, Guy W. Martens, dba Western Cellular, Inc., hearing set for January 26, removed from calendar NEW SETTINGS 2/13/98 10:00 am (PHC)-Brooks Fiber Communications of ALJ Bushey C97-11- Fresno, Inc., Brooks Fiber Comr Duque 018 Communications of Stockton, Inc., Brooks Fiber Communications of Bakersfield, Inc., Brooks Fiber Communications of San Jose, Inc., Brooks Fiber Communications of Sacramento, Inc., vs. Pacific Bell, for unreasonable and unlawful anti- competitive activities, Commission Courtroom, San Francisco 3/17/98 10:00 am (OA)-ARCO Products Company, Mobil Oil ALJ Careaga C97-04- Corporation, Texaco Refining and Comr Duque 025 Marketing Inc., vs. SFPP, L.P., for violation of Section 451 of the Public Utilities Code by charging rates that are not just and reasonable for the intrastate transportation of refined petroleum products, Commission Courtroom, San Francisco 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. (Temporarily, ALJ Janet Econome will preside January 13-23; ALJ Robert Ramsey, January 26-30; and ALJ Jacqueline Reed, February 2-13.) 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 . 1/27/98 9:30 am NONE SCHEDULED 2/3/98 9:30 am NONE SCHEDULED 2/10/98 9:30 am NONE SCHEDULED HEARINGS Dates in parentheses following the word "also" are subject to change without notice. the assigned Commissioner's name is listed next to the proceedings as matter of record; the assigned Commissioner may not be present at the hearing. (PHC) = Prehearing Conference (OA) = Oral Argument (EH) = Evidentiary Hearing (WS) = Workshop (PPH) = Public Participation (FPH) = Full Panel Hearing Hearing (IAM) = Initial Arbitration (AH) = Arbitration Meeting Hearing (M) = Mediation 1/26/98 10:00 am (EH)-California Water Service ALJ Garde A97-09- Company, for a general rate increase Comr Bilas 010 to increase revenues by $126,700 or 7.1% in 1998 in the Selma District, A97-09- and 011 (EH)-California Water service Company, for a general rate increase to increase gross revenue by $59,100 or 2.8% in the year 1998; and for annual rate increases or decreases for 1999-2003 based on annual changes A97-09- in the Consumer Price Index for water 009 in the Oroville District, and (EH)-California Water Service Company, for a general rate increase to increase revenues by $408,900 or 6.6% in 1998, $108,200 or 1.7% in 1999, and by $108,200 or 1.6% in both 2000 and 2001, in the South San Francisco District, Commission Courtroom, San Francisco (also January 27-30, San Francisco) 1/26/97 2:00 pm (PHC)-Pamee Tina Collette and ALJ A97-08- Lawrence R. Vanoni to sell the Coast McVicar 011 Springs Water Company, Inc. and Comr Duque Joseph R. Bonamico, Sr. To acquire the Coast Water Springs Water Company, Inc., Commission Courtroom, San Francisco 1/27/98 9:00 am (PHC)-Pacific Gas and Electric ALJ A97-03- Company, for authority to revise its Econome 002 gas rates and tariffs to be effective Comr Bilas 1/1/98, pursuant to D.89-01-040, D.90- 09-089, D.91-05-029, D.93-12-058, D.94-07-024, and D.95-12-053, Commission Courtroom, San Francisco (EH), for 1:30 pm, January 27, San Francisco (also January 28-30 and February 2-6, San Francisco), 1/27/98 10:00 am (PHC)-Southern California Utility ALJ Bushey C97-10- Power Pool and Imperial Irrigation Comr Duque 082 District vs. Southern California Gas Company, for violation of Rule 8 of the final rules, Commission Courtroom, San Francisco 1/27/98 10:00 am (EH)-San Jose Water Company, for ALJ A95-08- authority to increase rates by Stalder 038 $3,867,000 or 4.16% in 1995; Comr $4,348,000 or 4.43% in 1996; and Conlon $1,713,000 or 1.67% in 1997, in Los Gatos, Saratoga, Monte Sereno, Campbell, portions of San Jose, Cupertino and Santa Clara, and in territory within the County of Santa Clara surrounding and adjacent in these municipalities, Commission Courtroom, San Francisco (also January 28, San Francisco) 1/27/98 7:00 pm (PPH)-California Water Service ALJ Garde A97-09- Company, for a general rate increase Comr Bilas 009 to increase revenues by $408,900, or 6.6%, in 1998; $108,200, or 1.7%, in 1999; and by $108,200, or 1.6%, in both 2000 and 2001, in the South San Francisco District, City of South San Francisco Municipal Services Building, 33 Arroyo Drive, South San Francisco 1/28/98 1:30 pm (EH)-Castlerock Estates Inc., Bruce ALJ Weiss C92-04- B. Breiholz vs. Toro Water Service, Comr 034 Inc., California Utilities Service, Conlon Inc., and Robert T. Adcock, for refunds of taxes and contributions for plant and facilities made in 1988, Commission Courtroom, San Francisco 1/29/98 9:30 am (PHC)-Pacific Gas and Electric ALJ A97-12- Company, for authority to increase Wetzell 020 rates and charges for electric and Comr Bilas gas service effective 1/1/99, and I97-11- (PHC)-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, San Francisco 1/30/98 7:00 p.m. (PHC)-Robert W. Merwin vs. Citizens ALJ Walker C97-09- Communications, for arbitrary Comr Duque 054 definition of service areas, Jean Harvie Community Center, 14273 River Road, Walnut Grove 2/2/98 10:00 am (EH)-Southern California Edison ALJ A89-03- Company, for a certificate to Stalder 026 construct and operate a 220-kV line Comr Duque between the Kramer Substation and the Victor Substation, Commission Courtroom, San Francisco (also February 3-6, San Francisco) 2/3/98 10:00 am (PHC)-Commission Order Instituting ALJ Garde I97-07- Investigation for the purpose of Comr Bilas 014 establishing a list for the fiscal year 1998-99 and 1999-2000 of existing and proposed crossings at grade of city streets, county roads, or state highways in need of separation, or projects effecting the elimination of grade crossings by removal or relocation of streets or railroad tracks, or existing separations in need of alterations or reconstruction in accordance with Section 2452 of the streets and highways code, Commission Courtroom, San Francisco 2/3/98 10:00 am (EH)-Pacific Bell, for authority to ALJ A95-12- increase and restructure certain Malcolm 043 rates of its Integrated Services Comr Duque Digital Network services, and C96-02- (EH)-Compaq Computer Corporation and 002 Intel Corporation vs. Pacific Bell, for unjust and unreasonable rates and charges and practices, and inadequate service for its Integrated Services Digital Network service, Commission Courtroom, San Francisco 2/3/98 7:00 pm (PPH)Citizens Utilities Company of ALJ A97-11- California, for a general rate McVicar 007 increase of $210,305 or 31.97% for Comr Duque the year 1998; $34,846 or 4.0% for the year 1999; attrition revenue increase of 3.8% for the year 2000 in A97-11- the Felton District, and 008 (PPH)-Citizens Utilities Company of California, for a general rate increase of $481,362 or 38.3%, for the year 1998; no increase is being A97-11- requested for 1999 and the attrition 009 year 2000 in the Larkfield District, and (PPH)-Citizens Utilities Company of California, for a general rate increase of $1,400,275 or 9.0% for the year 1998; $1,274,163 or 7.4% for the year 1999, an attrition revenue increase of 6.9% for the year 2000 in the Sacramento District, Felton Community Hall, 6191 Highway 9, Felton; (also February 4, 7:00 pm, Luther Burbank Center, Gold Room, 50 Mark West Springs Road, Santa Rosa; and February 5, 7:00 pm, Encina High School Cafeteria, 1400 Bell Street, Sacramento) 2/4/98 10:00 am (PHC)-Watertek Inc., for approval of ALJ Garde A97-10- acquisition of Spreckels Sewer System Comr Duque 051 and rate request of $37.70 per month for residential service and industrial rates, City of Salinas Council Chambers, 200 Lincoln Avenue, Salinas 2/4/98 2:30 pm (FPH)-Southern California Edison ALJ A91-05- Company (U 338 E) for review of the Barnett 050 reasonableness of Edison's operations Comr during the period from April 1, 1990 Neeper through March 31, 1991. (Limited to argument regarding the Mojave cogeneration contract.) Commission Courtroom, San Francisco 2/5/98 9:30 am (EH)-Ambler Park Water Utility and ALJ Garde A7-07-058 California-American Water Company, Comr for an order authorizing Ambler Park Conlon Water Utility to sell and California- American Water Company to acquire the water utility assets of Ambler Park Water Utility, Monterey Public Library Community Room, 625 Pacific Street, Monterey 2/5/98 1:00 pm (PHC)-San Diego Gas & Electric ALJ A97-09- Company, for a permanent gas Wetzell 049 procurement performance-based Comr ratemaking mechanism, Conlon Commission Courtroom, San Francisco 2/10/98 10:00 am (PHC)-Pacific Gas and Electric ALJ A97-10- Company, for recovery of 1996 capital Malcolm 014 additions costs, and, Comr Bilas A97-10- (PHC)-San Diego Gas & Electric 015 Company, for competition transition charge recovery of 1996 capital additions, and A97-10- (PHC)-Southern California Edison 024 Company, for authority to recover capital additions to its fossil generating facilities made between 11/1/96 AND 12/31/96, Commission Courtroom, San Francisco (EH) for 10 am, March 9, San Francisco (also March 10-13, San Francisco 2/18/98 9:30 am (EH)-Tel-Save, Inc. of Pennsylvania, ALJ Garde A96-12- dba The Phone Company, for a Comr 050 certificate of public convenience and Neeper necessity to operate as a reseller of local exchange service, Commission Courtroom, San Francisco (also February 19, San Francisco) 2/23/98 10:00 am (PHC& EH)-Southern California Water Comr Neeper A97-12- Company (SoCalWater), for an order to 016 form a holding company structure and for approval of the sale of certain non-utility assets by or from SoCal Water to Cal Cities Water Company, Commission Courtroom, San Francisco 2/24/98 10:00 am (EH)-Utility Audit Company, Inc., vs. ALJ Garde C97-02- Southern California Gas Company, for Comr Bilas 015 improper billing resulting in overcharges to customers of the Le Parc Simi Valley Homeowners Association, Commission Courtroom, Los Angeles 2/26/98 9:00 am (EH)-Florsheim Bros. vs. Pacific Gas ALJ Patrick C96-05- and Electric Company, for excessive Comr Neeper 049 charges in connection with the electric portion of trenching and related costs and fees, all of which were non-refundable, in both Golf Course Terrace #9 and #10 subdivisions in Stockton, Commission Courtroom, San Francisco (also February 27, San Francisco) 3/9/98 10:00 am (EH)-CABAC, Inc., for authority to ALJ Bennett A97-06- operate as an "on-call passenger Comr Duque 011 stage corporation pursuant to Section Comr Neeper 1031 of the California Public Utilities Code between points in Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties and Los Angeles International, Burbank, Long Beach, John Wayne and Ontario Airports, San Pedro Harbor, and the A97-06- Los Angeles Amtrak Terminal, and for 012 a zone of rate freedom for its tariff rates, and (EH)-B.A.D.D.J., Inc., for authority to operate as an "on-call" passenger stage corporation pursuant to Section 1031 of the California Public Utilities Code between points in Los Angeles, Orange, Riverside, San Bernardino, Santa Barbara and Ventura Counties, on the one hand, and Los A97-06- Angeles International, Burbank, Long 013 Beach, John Wayne, Ontario, Santa Barbara and Oxnard Airports, San Pedro Harbor, and the Los Angeles Amtrak Station, on the other, and for a zone of rate freedom for its tariff rates, and (EH)-AMRAT, Inc., for authority to operate as an "on-call" passenger stage corporation pursuant to Section A97-07- 1031 of the California Public 041 Utilities Code between points in Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties and Los Angeles International, Burbank, Long Beach, John Wayne and Ontario Airports, San Pedro Harbor, and the Los Angeles Amtrak Terminal, and for a zone of rate freedom for its tariff rates; and (EH)-Rideshare Port Management LLC, A97-09- dba Prime Time Shuttle, for authority 031 to operate as a passenger stage corporation between points in Los Angeles, Orange, Riverside, San Bernardino, Santa Barbara and Ventura Counties, on the one hand, and Los Angeles International, Burbank, Long Beach, John Wayne, Ontario, Palm Springs, Santa Barbara, and Oxnard Airports, San Pedro Harbor, and the Los Angeles Amtrak Station, on the other hand, and for a zone of rate freedom for its tariff rates, and (EH)-David Regwan, dba Prime Time Shuttle of Ventura, Orange and Los Angeles Counties, to sell, and AMRAT, Inc., a California Corporation, to purchase, the Passenger Stage Certificate granted by D.90-03-066 in Application 89-08-029, pursuant to Sections 854 and 1036(b) of the California Public Utilities Code, and establish a zone of rate freedom, Commission Courtroom, Los Angeles (also March 10 and 11, Los Angeles) 3/16/98 9:00 am (EH)-U.S. Long Distance, Inc. vs. ALJ Bushey C96-12- Pacific Bell, for losses in excess of Comr 043 $100,000 due to defendants improper Knight administration of billing and collection services edit called "scan and reject edit," Commission Courtroom, San Francisco (also March 17-18, San Francisco) 3/23/98 7:00 pm, (PPH)-Pacific Gas and Electric, for a ALJ A97-04- permit to construct the Vasona Patrick 043 Substation pursuant to General Order Comr 131-D, Knight Town Hall, 110 East Main Street, Los Gatos) 3/30/98 10:00 am (EH)-Southern California Gas Company, ALJ A97-03- for approval of a long-term gas Patrick 015 transmission service contract with Comr Bilas Distribudora de Gas Natural de Mexicali, s. de R.L. de C.V., Commission Courtroom, San Francisco (also March 31, and April 1-3, San Francisco) 4/6/98 10:00 am (EH)-Pacific Gas and Electric, for a ALJ A97-04- permit to construct the Vasona Patrick 043 Substation pursuant to General Order Comr 131-D, Knight Commission Courtroom, San Francisco (also April 7 and 8, San Francisco) 4/17/98 10:00 am (PHC)-California Cable Television ALJ Walwyn C97-03- Association vs. Pacific Bell, for Comr Duque 049 offering and promoting the bundled offering of the basic exchange service and Internet service in violation of due procedures and without authorization, Commission Courtroom, San Francisco 4/21/98 10:00 am The City of Vernon vs. The Atchison, ALJ C96-01- Topeka and Santa Fe Railway, for non- Careaga 019 compliance with zoning, Comr Commission Courtroom, San Francisco Neeper 5/7/98 10:00 am (EH)-Snow Valley, Inc. vs. Southern ALJ C97-09- California Edison Company, for Bennett 024 unjust, unreasonable and Comr discriminatory rates and charges and Knight for improper charges for construction of a power substation, Riverside City Hall, 3900 Main Street, Seventh Floor, Riverside NOTICE OF DENIAL OF REQUEST FOR EX PARTE MEETING On September 20, 1996, the Commission adopted Resolution ALJ 169 regarding the "Filing of Notice of Denial of Request for Ex Parte Meeting". The resolution implements an interim procedure whereby a party whose written request for an ex parte meeting with a Commissioner has been denied will be allowed to file a notice of such denial. Copies of Resolution ALJ 169 are available from the Commission's Central Files Office at 505 Van Ness Avenue, Room 2002, San Francisco; telephone (415) 703-2045. Copies of tendered notices are available in the Central Files Office for review and/or reproduction under existing procedures. They are also available from the filing party who is under the obligation to provide copies of the notice without delay. NONE FILED NOTICE OF EX PARTE COMMUNICATIONS Copies of tendered notices are available in the Central Files Office for review and/or reproduction under existing procedures. They are also available from the filing party who is under the obligation to provide copies of the notice without delay. 1/21/98 A96-08-001 Pacific Gas and Electric Company, for approval of valuation and categorization of non-nuclear generation related sunk costs eligible for recovery in the competition transition charge, A96-08-006 San Diego Gas & Electric Company, to identify and value the sunk costs of its non-nuclear generation assets, A96-08-007 Southern California Edison Company, to identify and value the sunk costs of its non-nuclear generation assets, A96-08-070 Pacific Gas and Electric Company, to establish the competition transition charge, A96-08-071 Southern California Edison Company, to estimate transition costs and establish a transition cost balancing account; transition cost executive summaries; transition cost policy; transition cost collection; 1998 market price used to determine transition costs; transition costs for nuclear generation; transition costs for fossil generation; fuel and fuel transportation contract obligations; plant- related sunk costs and rate base for fossil generation; transition costs for hydro generation; transition costs arising from interutility contracts; transition costs for regulatory assets, obligations, and balancing accounts; early retirement, severance, and retraining transition costs; and transition costs ratemaking attached, and A96-08-072 San Diego Gas & Electric Company, to estmate transition costs and establish a transition cost balancing account; prepared direct testimony attached. Summary: On January 15, 1998, Diane Fellman, attorney for NEO Corporation, met with Michelle Cooke, adv. to Cmmr. Duque in San Francisco. Written material (attached to this notice) was distributed. Also present were Catherine George, attorney for Enron Corp., and Andrew Skaff, attorney for Electric Clearinghouse, Inc. and Destec Energy, Inc. Fellman stated that Section 369 establishes a threshold test for determining applicability of CTC to direct transactions which do not use utility facilities. George stated there is no reason that new customers who have never expected to use utility facilities nor caused the utility to incur costs to serve its generation load should pay for the utilities' stranded costs. Skaff stated that no dispute exists about whether a customer taking standby service using utility facilities should pay CTC on that standby service. Filer: Enron Corp. Contact: Betsie Diamond Phone: (415) 781-0701 Summary: On January 15, 1998, Diane Fellman, attorney for NEO Corporation, met with David Gamson, adv. to Cmmr. Neeper in San Francisco. Written material (attached to this notice) was distributed. Also present were Karen Edson, representing IEP; Catherine George, attorney for Enron Corp.; and Andrew Skaff, attorney for Electric Clearinghouse, Inc. and Destec Energy, Inc. Fellman discussed the Commission's draft decision interpreting Section 369 of the California Public Utilities Code. Fellman agreed that the Commission does not have jurisdiction over a completely private direct access transaction to require submission of accurate data for CTC calculation. George stated there is no reason that new customers who have never expected to use utility facilities nor caused the utility to incur costs to serve its generation load should pay for the utilities' stranded costs. Skaff stated that no dispute exists about whether a customer taking standby service using utility facilities should pay CTC on that standby service. Filer: Enron Corp. Contact: Betsie Diamond Phone: (415) 781-0701 Summary: On January 15, 1998, Diane Fellman, attorney for NEO Corporation, met with Julie Halligan, adv. to Cmmr. Bilas, and James Hendry, adv. to Cmmr. Conlon in San Francisco. Written material (attached to this notice) was distributed. Also present were Catherine George, attorney for Enron Corp., and Andrew Skaff, attorney for Electric Clearinghouse, Inc. and Destec Energy, Inc. Fellman discussed the Commission's draft decision interpreting Section 369 of the California Public Utilities Code. Fellman stated that the Commission does not have jurisdiction over a completely private direct access transaction to require submission of accurate data for CTC calculation. George stated there is no reason that new customers who have never expected to use utility facilities nor caused the utility to incur costs to serve its generation load should pay for the utilities' stranded costs. Skaff stated that no dispute exists about whether a customer taking standby service using utility facilities should pay CTC on that standby service. Filer: Enron Corp. Contact: Betsie Diamond Phone: (415) 781-0701 Summary: On January 15, 1998, Diane Fellman, attorney for NEO Corporation, met with Robert Lane, adv. to Cmmr. Knight, in San Francisco. Written material (attached to this notice) was distributed. Also present were Karen Edson, representing IEP, Catherine George, attorney for Enron Corp. and Andrew Skaff, attorney for Electric Clearinghouse, Inc. and Destec Energy, Inc. Fellman discussed the Commission's draft decision interpreting Section 369 of the California Public Utilities Code. Fellman agreed that the Commission does not have jurisdiction over a completely private direct access transaction to require submission of accurate data for CTC calculation. George stated there is no reason that new customers who have never expected to use utility facilities nor caused the utility to incur costs to serve its generation load should pay for the utilities' stranded costs. Skaff stated that no dispute exists about whether a customer taking standby service using utility facilities should pay CTC on that standby service. Filer: Enron Corp. Contact: Betsie Diamond Phone: (415) 781-0701 1/21/98 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: On January 15, 1998, Steven F. Greenwald, attorney for Oxbow, Bowerman Renewable Power Partners, L.P. and Olinda Renewable Power Partners, L.P., participated in a meeting with James Hendry, adv. to Cmmr. Conlon in San Francisco. Also in attendance were Jonathan A. Bromson, attorney for Office of Ratepayer Advocates (ORA); Frank De Rosa, Vice President of U.S. Generating Company; Russell Worden , Regulatory Policy and Affairs Manager for the Southern California Edison Company (Edison); Russell Swartz and James Woodruff, attorneys for Edison; and Robert Finkelstein, attorney for The Utility Reform Network (TURN). At the meeting, the participants explained the settlement which has been reached between Edison and ORA with respect to Edison's Motion for Protective Order and whether it would be possible to enter into factual stipulations in order to enable ORA to withdraw its request for evidentiary hearings. Filer: Oxbow Power Corporation Southern California Edison Company Contact: Barbara Bridges Phone: (415) 276-6517 Summary: On January 15, 1998, Jonathan A. Bromson, attorney for Office of Ratepayer Advocates (ORA), participated in a meeting with James Hendry, adv. to Cmmr. Conlon in San Francisco. Also in attendance were Steve Greenwald, attorney for Oxbow Power Company and Bowerman Renewable Power Partners, L.P./Olinda Renewable Power Partners, L.P.; Frank De Rosa, representing U.S. Generating Company; Russell Worden , Regulatory Policy and Affairs Manager for the Southern California Edison Company (Edison); Russell Swartz and James Woodruff, attorneys for Edison; and Robert Finkelstein, attorney for The Utility Reform Network (TURN). The meeting was intended to discuss progress in resolving issues associated with Edison's still-pending Motion for a Protective Order and ORA's Protest to the Motion. Bromson and Woodruff indicated that a resolution was virtually completed with respect to the issue of what information should be made public. Bromson noted that, with respect to the issue of a possible stipulation of facts to be considered by the Commission when assessing the reasonableness of the Edison settlements in lieu of a formal evidentiary hearing, one potential problem might be associated with the posture of the two Wining Bidders in Edison's BRPU auction, Magma and SeaWest/Toyo. Bromson further indicated that a possible inconsistency between the negotiating position of the Winning Bidders between the proceedings. Filer: Office of Ratepayer Advocates E-Mail: mnt@cpuc.ca.gov Contact: Susie Toy Phone: (415) 703-1858 1/21//98 C97-11-017 California Cable Television Association vs. Southern California Edison Company, for Southern California Edison's efforts to restrict the types of services cable operaters deliver over facilities attached to Southern California Edison poles. Summary: On January 16, 1998, John P. Hughes, Manager of Regulatory Affairs, Southern California Edison Company (Edison), met with Jose Jimenez, adv. to Cmmr. Conlon in San Francisco. Handouts were provided and are attached to this notice. Hughes discussed the contents to the handouts focusing on the fact that the cable television operators are paying a pole license fee below others using Edison poles for communication purposes. He also stated Edison does not want to prevent cable television operators from providing two-way communication services, but believes that Edison's ratepayers and shareholders should not be subsidizing that two-way service. Further, Hughes explained that if the cable operators only offer cable television programming, then a rate under Section 767.5 is applicable. However, if a service other than cable television is being provided, then this rate should not apply. Filer: Southern California Edison Company Contact: Bobbie Cao Phone: (626) 302-2310 EXECUTIVE ORDERS SIGNED 12/29/97 D97-12-128 A97-11-027 - AmericaTel Corporation. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications service as a switchless reseller. Granted. This proceeding is closed. D97-12-129 A97-11-030 - Financial IntraNet, Inc. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications service as a switchless reseller. Granted. This proceeding is closed. 12/30/97 D97-12-130 C97-05-040 - Renette King v. Pacific Bell. For improper billing and crossed line. Dismissed under written and unopposed request of complainant. 12/31/97 D97-12-132 C97-10-078 - Fariborz Hamzei v. Pacific Bell. For unauthorized ISDN calls. Dismissed under written and unopposed request of all parties. Funds deposited by complainant shall be disbursed to complainant. 1/5/98 D98-01-027 A97-12-002 - ACSI Local Switched Services, Inc. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications service as a switchless reseller. Granted. This proceeding is closed. D98-01-028 A97-12-003 - Business Calling Plan, Inc. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications service as a switchless reseller. Granted. This proceeding is closed. 1/8/98 D98-01-029 A97-10-045 - Worldcom, Inc. For approval to acquire control of MCI Communications Corporation. Dismissed upon written request of the applicant. D98-01-030 C97-08-025 - Johhny H. Lambert v. Lands of Promise Water System. For inadequate supply of water; failure to inform customers of bacterial contamination, and failure to repair facilities. Dismissed upon written and unopposed request of complainant. 1/12/98 D98-01-031 C95-02-020 - Accuforms, Inc. v. Industrial Freight System, Inc. For violation of P.U. Codes Section 451 and 453 by assessing unreasonable and discriminatory intrastate undercharges . Upon written and unopposed request, the following complainants are dismissed: Berlin Packaging; Colonial Engineering, Inc.; Cotter & Co., Inc.; First Distributors, Inc.; Hardy Media, Inc., dba Hardy Diagnostics; International Envelope Company; LA Gear Incorporated; Lozier Corporation; Master-Halco; National Business Furniture, Inc.; Natural Oils International, Inc.; Norelco Consumer Products Company; Oatey, aka Oatey Co.; Red Line Synthetic Iol' Sealed Air Corporation; Sportmart Inc.; Sterling Plumbing Group, Inc.; Sunrise Medical, Inc.; Thompson Manufacturing; and Wilson's House of Suede, Inc. This proceeding remains open. D98-01-032 A97-07-052 - Atlas Communications, Ltd. Dba Atlas Services. For a certificate of public convenience and necessity to provide resold local exchange services. Corrects errors in D97-12-068, as set forth. This proceeding is closed. D98-01-033 A97-08-038 - EZ Phone, Inc. For a certificate of public convenience and necessity to offer resold local and interexchange services. Corrects errors in D97-12-073, as set forth. This proceeding is closed. D98-01-034 R84-12-028 - Rulemaking on the Commission's own motion. For purposes of compiling the Commission's rules of procedure in accordance with P.U. Code Section 322 and considering changes in the Commission's Rules of Practice and Procedure. Corrects D97-11-021 to show Cmmr. Conlon's dissent, as set forth. 1/13/98 D98-01-035 A97-12-011 - Nexstar Communications, Inc. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications service as a switchless reseller. Granted. This proceeding is closed. D98-01-036 A97-12-006 - National Telecom Inc. dba Nations Telecom Network. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications service as a switchless reseller. Granted. This proceeding is closed. D98-01-037 A97-12-013 - TRI-M Communications, Inc. dba TMC Communications. For a certificate of public convenience and necessity to provide interLATA and intraLATA telecommunications service as a switchless reseller. Granted. This proceeding is closed. COMMISSION MEETING OF JANUARY 7, 1998 12/30/97 D97-12-131 R94-04-031 - Order instituting rulemaking on the Commission's policies governing restructuring California's electric services industry and reforming regulation. I94-04-032, A96-12-009, A96-12-011, A96-12-019, A97-05-011, A97-06-046, A97-07-005, A97-08-064 - Related Matters. Modifies D96-01-009, D96-04- 054, D97-05-040, D97-08-056, D97-08- 064, D97-10-086, D97-12-093, and D97- 12-090, as set forth. Modifies dates for implementation of Direct Access. 1/7/98 D98-01-001 A97-09-046 - Mini-Bus Systems, Inc. dba SuperShuttle San Gabriel. For authority to establish a Zone-of-Rate- Freedom. Granted, as set forth. This proceeding is closed. D98-01-002 A97-10-023 - Momentum Telecom, Inc. For authority to provide local exchange services as a reseller. Granted, as set forth. This proceeding is closed. D98-01-003 A97-07-016 - Pacific Gas & Electric Company and Energy Reserve. For an order approving the applicant's settlement agreement. Granted, as set forth. This proceeding is closed. D98-01-004 A97-03-008 - City of Vista. To construct Vista Village Drive, a public street, and to close West Vista Way grade crossing, across the railroad tracks of the north San Diego County transit development board, in the city of Vista, county of San Diego. Granted, as set forth. This proceeding is closed. D98-01-005 C95-03-047 - Shareholders and Users of the lands of Promise Water System v. Janet Brown, conservator for Ellen Morck. Lands of Promise Water System shall credit to customers the amounts shown as overcharges in Appendix A to this decision in approximately equal installments over a 4-month period to commence with billings in January, 1998. This proceeding is closed. D98-01-006 A97-09-053 - Preferred Carrier Services, Inc. For a certificate of public convenience and necessity to provide competitive local exchange services on a resold basis. Granted, as set forth. This proceeding is closed. D98-01-007 R94-04-031 - Order instituting rulemaking on the Commission's proposed policies governing restructuring California's electric services industry and reforming regulation. I94-04-032 - Related matter. For their substantial contributions to D97-02-014, California/Nevada Community Action Association is awarded $89,708.58, Environmental Defense Fund is awarded $22,245.30, the Natural Resources Defense Council is awarded $43,043.18, and the Union of Concerned Scientists is awarded $37,878.20, plus interest, in compensation. Pacific Gas & Electric Company, San Diego Gas & Electric Company and Southern California Edison shall pay to each intervenor that pro rata portion of each intervenor's award, as set forth. D98-01-008 A97-07-050 - Easton Telecom Services, Inc. For a certificate of public convenience and necessity to provide resold competitive local exchange service. Granted, as set forth. This proceeding is closed. D98-01-009 A95-02-008 - Pacific Gas and Electric Company. For approval of natural gas transportation service agreement with USS-POSCO, Inc. A95-02-010 - Related matter. This decision closes these proceedings, which were left open only to fully determine the percentage of revenue shortfalls borne by ratepayers and shareholders. This issue has been determined in D97- 08-055. D98-01-010 C94-08-044 - Robert Bixler vs. Robert T. Adcock, Alco Water Service, and Alisal Water Corporation. For breach of contract by failing to reconnect broken water line and water supply. This decision grants the Commission's Consumer Services Division's request to withdraw petition to modify D.95- 02-083 because the company is now in compliance with Commission regulations. This proceeding is closed. D98-01-011 A97-06-012 - B.A.D.D.J. For authority to operate as a passenger stage corporation pursuant to Section 1031 of the California Public Utilities Code between points in Los Angeles, Orange, Riverside, San Bernardino, Santa Barbara and Ventura Counties on the one hand and Los Angeles International, Burbank, Long Beach, John Wayne, Ontario, Santa Barbara and Oxnard Airports, San Pedro Harbor, and the Los Angeles Amtrak station on the other, and for a zone of rate freedom for its tariff rates. This decision dismisses the application for lack of prosecution. This proceeding is closed. D98-01-012 A97-10-042 - Abbas Khoobiyary dba Metropolo Transportation. For authority to establish Zone of Rate Freedom (ZORF) for its tariff rates. Applicant is authorized to establish ZORF fares of $10 above and below his present fares. This proceeding is closed. D98-01-013 A97-06-019 - Privatenet, LLC. For arbitration of a pole and conduit license agreement with Pacific Bell. Dismissed with prejudice. This proceeding is closed. D98-01-014 C95-12-084 - The City of Monterey Park vs. Pacific Bell. C96-03-006 - Related matter. Petition for modification of D96-11-061 filed by the City of Glendale, California to allow certain Glendale customers on the 626 side of the 818/626 number plan area (NPA) split to receive service in the 818 NPA. Denied. These proceedings are closed. D98-01-015 A97-07-028 - Focal Communications Corporation of California. For a certificate of public convenience and necessity to provide switched and dedicated, resale and facilities based, interexchange and local exchange telecommunications services in California. This decision grants authority to resell intraLATA and interLATA telecommunications services within California, as well as certified local carriers authority within territories of Pacific Bell and GTE California Incorporated. That part of the application which seeks authority to provide facilities based telecommunications services to be considered in a separate decision. This proceeding remains open to consider application for authority to provide facilities based telecommunications services. D98-01-016 A97-10-006 - Pacific Gas and Electric Company (PG&E). For an order approving an amendment to the power purchase agreement for long- term energy and capacity between PG&E and Crockett Cogeneration, a California Limited Partnership (Crockett). This decision grants PG&E's application for approval of a Third Amendment to the Interim Standard Offer No. 4 (ISO4) power purchase agreement (PPA) between PG&E and Crockett Cogeneration, A California Limited Partnership. This proceeding is closed. D98-01-017 A96-10-002 - City of Fresno (City). For authority to construct two crossings at separated grades between Shaw Avenue and Marks Avenue and the tracks of the Burlington Northern and Santa Fe, formerly the Atchison, Topeka and Santa Fe Railway Company, in the City, Fresno County. Granted, as set forth. This proceeding is closed. D98-01-018 A97-06-030 - State of California, Department of Transportation (Caltrans). For authority to widen the existing North Delano Overhead over Union Pacific Railroad Company's Main Line track in the City of Delano, Kern County. Caltrans proposes to widen the outside shoulder to a maximum of approximately 7 feet 9 inches on both sides of the bridge and the median to approximately 38 feet 0 inches to provide for the increased capacity and traffic volume, as provided by additional lanes, concrete safety barrier and 10-foot inside shoulder. Granted, as set forth. This proceeding is closed. D98-01-019 A97-08-017 - Riverside County Transportation Commission (RCTC). For authority to construct a pedestrian overcrossing above four Burlington Northern Santa Fe Railway Company tracks and one RCTC track at the Downtown Metrolink Station in Riverside, Riverside County. As part of the project to construct a new south side station platform, RCTC proposes to construct a pedestrian overcrossing to connect the new platform to the north side parking facilities and the existing north side platform. Without the overcrossing, the new south side platform would only be accessible to pedestrians by crossing the tracks at grade level. Granted, as set forth. This proceeding is closed. D98-01-020 R94-04-031 - Order instituting rulemaking on the Commission's proposed policies governing restructuring California's electric service industry and reforming regulation. I94-04-032 - Related matter. The Electric Education Trust (EET) was authorized in D97-03-069 and D97-08-064 to design and oversee community-based outreach and education efforts in connection with the statewide customer education program. This decision establishes a funding mechanism to permit the EET to carry out its authorized tasks. Until the EET is formally created as a legal entity, San Diego Gas & Electric Company shall pay all of the authorized expenses incurred in connection with the operation of the EET, as set forth. D98-01-021 R97-09-035 - Rulemaking on the Commission's own motion for the purpose of amending the Commission's conflict of interest code as set forth in 20 Cal. Adm. Code, Chapter 1, Subchapter 2, Appendix. This decision adopts a new Conflict of Interest Code setting forth the financial disclosure requirements for Commission employees who are involved in decisionmaking activities in the agency. The existing code was adopted in 1977 and has been changed in only modest ways over the last 20 years. The new code contains an expanded list of designated employees and broader reporting requirements to reflect changes within the organization and in the industries affected by the Commission's regulation. The version adopted here differs only slightly from the proposed version attached to the Order Instituting Rulemaking issued September 24, 1997. The list of employees required to report under Category 1, the broadest category, has been changed so that it includes only employees who report directly to commissioners or to the Commission. Two clarifications have been added. One highlights the fact that, for reporting purposes, gifts are treated as income. The other identifies the portion of the Fair Political Practices Commission's regulations that defines "consultants" covered by the code. After adopting the code, we will send it to the Fair Political Practices Commission for final approval. This proceeding is closed. D98-01-022 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for local exchange service. I95-04-044 - Related matter. This decision directs Pacific Bell and GTE California Incorporated to establish memorandum accounts for billings for directory listings services subject to later true-up once applicable rates are established in the Open Access and Network Architecture Development proceeding, as set forth. This decision is issued pursuant to the directive in D97-01- 042. D98-01-023 R95-01-020 - Rulemaking on the Commission's own motion into Universal Service and to comply with the mandates of Assembly Bill 3643. I95-01-021 - Related matter. This decision authorizes the Interim Administrative Committee for the California High Cost Fund-B (CHCF-B) and the California Teleconnect Fund (CTF) to apply to the Internal Revenue Service for private letter rulings granting tax-exempt status to the CHCF-B and CTF. This decision also instructs telecommunications carriers to place into interest-bearing accounts the CHCF-B and CTF surcharge revenues they are collecting and to remit the interest so earned to the CHCF-B and CTF. Finally, this decision orders that carriers are to receive interest on payments owed to them for services rendered under the CTF program. D98-01-024 R95-04-043 - Order instituting rulemaking on the Commission's own motion into competition for local exchange service. I95-04-044 - Related matter. Directs Pacific Bell and GTE California to keep separate books and records for their competitive local carrier operations in conformance with the Uniform System of Accounts, distinct from their incumbent local exchange carrier operations, as set forth. D98-01-025 A94-08-050 - Disposition of the application filed by Sesco, Inc. for rehearing of Resolution G-3134 regarding Southern California Gas Company's bidding protocol for its direct assistance program. Denied, as set forth. This proceeding is closed. D98-01-026 A92-12-043 - Disposition of the applications filed separately by Toward Utility Rate Normalization (now, The Utility Reform Network "TURN") and by El Paso Natural Gas Company for rehearing of D94-12-058. The rehearing applications were filed with regard to the Commission's determinations in D94-12-058 on the Line 401 Expansion Project of Pacific Gas and Electric Company. , A93-03- 038, A94-05-035, A94-06-034 - related matters. Dismisses TURN's and El Paso's applications for rehearing of D94-12-058 as moot. I98-01-004 - Order instituting investigation into whether to revoke the operating authority issued to Felipa Garza Fuentes, dba Fuentes Tours. RESOLUTIONS 12/30/97 T-16112 Advice Letter 19130 of Pacific Bell.. Request authority to bifurcate the A5 tariff section into business and residence sections, and to eliminate residence foreign exchange PBX and off- premise service, for which there are no existing customers with these services. Granted. T-16113 Advice Letter 19081 of Pacific Bell. Request to withdraw Pacific Telephone List Rental Service, Schedule Cal. PUC No. A-12, an obsolete service no longer supported by the manufacturer. Granted as amended by Advice Letter 19081-A. 1/7/98 ALJ-176 Ratification of preliminary determinations of category for proceedings initiated by application. The preliminary determinations are pursuant to Article 2.5, Rules 4 and 6.1. Adopted. E-3493 Pacific Gas and Electric Company (PG&E). Requests two separate deviations from California Public Utilities Code Section 320 in the City of Placerville. PG&E is authorized the relocation of one pole near Blairs Lane and Baco Drive. PG&E is denied the relocation of two poles near Mosquito Road and Anderson Way. Both sites are within the Highway 50 Scenic Corridor. Adopted. L-265 Disposes of Public Records Act request by California Alliance for Utility Safety and Education and Karen Johanson for authority to inspect and/or copy all utility incident reports filed with the Commission in the past ten years by Pacific Gas and Electric Company, Southern California Edison Company, San Diego Gas and Electric Company, Sierra Pacific Power Company, and Pacific Power and Light. Granted. L-266 This resolution would authorize the release of information, including data which is not subject to public inspection pursuant to section 583 of the Public Utilities Code and General Order No. 66C, in response to the administrative summons served on the Commission by the Department of the Treasury, Internal Revenue Service. The summons seeks audit papers and supporting documentation in the possession of the Commission which reflect the taxable sales of telephone service during the period January 1, 1989 to December 31, 1995 for MTC Telemanagement Corporation (MTC) and further requests documentation that identifies the persons responsible for collecting, accounting for, paying over, or filing telecommunication excise returns for MTC, Marin Telemanagement Corporation, NetSource Communications Inc, or the predecessor, successor, parent, or subsidiary of those companies. Granted. SX-14 San Diego Metropolitan Transit Development Board. For authorization to deviate from the provisions of Section 7.8 of General Order 75-C by modifying the sounding of bells on grade crossing protection devices equipped with gates on the north-south line, in the cities of San Diego and San Ysidro, San Diego County. Granted. T-16108 Advice Letter 19128 of Pacific Bell (Pacific). Request for approval of an interconnection agreement between Pacific and GTE Communications Corporation pursuant to Section 252 of the Telecommunications Act of 1996. Adopted. T-16109 Advice Letter 8592 of GTE California (GTE). Request for approval of an interconnection agreement between Automated Telecom and GTE pursuant to Section 252 of the Telecommunications Act of 1996. Adopted. T-16111 Advice Letter 8593 of GTE California, Inc (GTEC). Request for approval of an interconnection agreement between GTEC and North County Communications Corporation pursuant to Section 252 of the Telecommunications Act of 1996. Adopted. TL-18829 Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374 (b) of the Public Utilities Code. Granted. TL-18830 Resolution denying issuance of charter- party authority or household goods carrier authority for failure to satisfy statutory provisions of the Public Utilities Code and Commission General Orders. Adopted. W-4084 Curtis Water Company (CWC). Order recognizing M. Green and Company as the court-appointed receiver for CWC. Adopted. W-4085 Lakeview Water Company. Order authorizing a general rate increase producing additional annual revenue of $1,250, or 100% in 1998, and additional annual revenue of $1,250, or 50% in 1999. Granted. W-4086 Slide Inn//Snobowl Water Company. Order authorizing a general rate increase producing additional annual revenues of $27,642 or 97.4% in 1997. Granted. W-4087 Mineral City Water Company. Order authorizing rate base offset increase producing additional annual revenues of $18,682 or 48.59%. Adopted. RESOLUTION REGARDING RATIFICATION OF PRELIMINARY DETERMINATIONS OF CATEGORY For purposes of Rule 63.2(c), notice of the assignment is the day this preliminary categorization appears in the Daily Calendar following the Commission business meeting. 1/21/98 ALJ-176- Ratification of preliminary determinations of 2985 category for proceedings initiated by application. The preliminary determinations are pursuant to Article 2.5, Rules 4, 6.1 and 63.2(c). Adopted. The preliminary determination schedule is shown below. PRELIMINARY DETERMINATION SCHEDULES PROPOSED PRELIMINARY HEARING NUMBER SHORT TITLE CATEGORY DETERMINATIO EXPECTE COMR ALJ N D A98-01- Starways *RATESETTIN RATESETTING NO NONE EXAMINER 003 Telecommunic G LEUTZA ations, Inc. Registration as an Interexchang e Carrier Telephone Corporation A98-01- Savecom *RATESETTIN RATESETTING NO NONE EXAMINER 005 Internationa G LEUTZA l USA, Inc. Registration as an Interexchang e Carrier Telephone Corporation A98-01- Level 3 *RATESETTIN RATESETTING NO NONE EXAMINER 006 Communicatio G LEUTZA ns, LLC. Registration as an Interexchang e Carrier Telephone Corporation A98-01- ACS Systems, *RATESETTIN RATESETTING NO NONE EXAMINER 007 Inc. G LEUTZA Registration as an Interexchang e Carrier Telephone Corporation A98-01- Pacific Gas RATESETTING RATESETTING APPLICAN CONLON CAREAGA 008 and Electric T / Company, for REQUESTS BILAS authority to NO sell Hunters HEARINGS Point, Potrero, Pittsburg, and Contra Costa Power Plants and Geysers geothermal power plant and related assets A98-01- NTTA.COM, *RATESETTIN RATESETTING NO NONE EXAMINER 009 INC. G LEUTZA Registration as an Interexchang e Carrier Telephone Corporation A98-01- ITELSA *RATESETTIN RATESETTING NO NONE EXAMINER 010 (USA), INC. G LEUTZA Registration as an Interexchang e Carrier Telephone Corporation