Daily Calendar California Public Utilities Commission Wednesday, May 6, 1998 Page 29 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 Wednesday, May 6, 1998 ú Regular Commission Meetings ú Notices ú Glossary ú Subscription Information (Daily Calendar and Agenda) ú Commissioner Office Hours ú Public Meetings and Workshops ú New Filings ú Petitions for Modification and Applications for Rehearing ú Draft Decisions/Proposed Decisions/Alternates/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 All-Party Meetings (PU Code 1701.3(c) ) ú Notice of Ex Parte Communications REGULAR COMMISSION BUSINESS MEETINGS May 7, 1998 10 am San Francisco May 21, 1998 10 am San Francisco June 4, 1998 10 am San Francisco **Will be held at the State Board of Equalization, 450 N Street, Sacramento, CA 95814 COMMISSION RATESETTING DELIBERATIVE MEETINGS (Not Open to the Public) ú Ratesetting Deliberative Meeting dates are reserved as noted but will only be held if there are ratesetting matters to be considered. ú May 18, 1998 1:30 pm San Francisco June 1, 1998 1:30 pm San Francisco June 15, 1998 1:30 pm San Francisco 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. Charge for Commission Documents To purchase Commission documents, there is a charge of 20 cents a printed page (postage prepaid) with a minimum purchase of $2.00. GLOSSARY After January 1, 1998, the California Public Utilities Commission is required by statute (SB 960) to categorize each case that comes before it. There are three categories, quasi- legislative, adjudicatory and ratesetting. If a case does not require hearings before it is resolved, the case is removed from the SB 960 category requirements. The legend below shows the abbreviation for each of the categories and provides a brief explanation. Q Quasi-legislative proceedings are proceedings that establish policy or rules (including generic ratemaking policy or rules) affecting a class of regulated entities, including those proceedings in which the Commission investigates rates or practices for an entire regulated industry or class of entities within the industry. A Adjudicatory proceedings are: (1) enforcement investigations into possible violations of any provision of statutory law or order or rule of the Commission; and (2) complaints against regulated entities, including those complaints that challenge the accuracy of a bill, but excluding those complaints that challenge the reasonableness of rates or charges, past, present, or future. RS Ratesetting proceedings are proceedings in which the Commission sets or investigates rates for a specifically named utility (or utilities), or establishes a mechanism that in turn sets the rates for a specifically named utility (or utilities). Ratesetting proceedings include complaints that challenge the reasonableness of rates or charges, past, present, or future. N/A Removed from the SB 960 category requirements. SUBSCRIPTION INFORMATION Subscription Notice for Draft Agenda Items In compliance with Public Utilities Code Section 311.5, parties who wish to subscribe to receive draft agenda items may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one-year subscription to the entire public agenda package (which excludes Executive Session materials) is $1,000. You may also order a partial agenda package (energy agenda items only or telecommunication agenda items only) at the cost of $500 per year. The package you receive via mail will include only those agenda items available at the time of the agenda distribution date, which is usually 10 to 12 days prior to the Commission meeting. If agenda items (including revisions) are not ready on the distribution date, they will be made available at no charge in the lobby outside the Commission Auditorium at 9:00 a.m. on the morning of the Commission meeting, but not earlier. In addition, the Commission will make draft agenda items available for viewing and photocopying (at 20 cents per page) at the Commission's Central Files Office (Room 2002), 505 Van Ness Avenue, San Francisco, and in the Los Angeles, San Diego, and the following field offices: El Centro, Eureka, Sacramento and San Bernardino. Since the agenda package will be mailed to these locations, it will be available at these locations a day or two after the distribution date. These locations will not receive agenda items that are not ready on the distribution date. If an agenda item is held over to a subsequent Commission meeting, that agenda item and any revisions to that agenda item that were available on the morning of the initial Commission meeting (as well as any further available revisions) will be mailed in the Escutia package for the subsequent Commission meeting; the item and its revisions will also be available for viewing and photocopying in the Commission's Central Files Office and field offices as set forth above. Intervenors who have a financial hardship determination pending or granted shall be eligible to receive draft agenda item packets at no charge. The cost to receive the agenda only, without copies of draft agenda items, remains at $75 per year. Subscription Notice for Daily Calendar and/or Agenda Parties who wish to subscribe to the Daily Calendar and/or the Agenda may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703- 1798. The subscription cost for the Daily Calendar is $225 per year. The Biweekly Daily Calendar is $50 per year. The Agenda is $75 per year. Checks are to be made payable to the Public Utilities Commission. COMMISSIONER OFFICE HOURS (For further information or to make an appointment, please contact, 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 5/13/98, 1 pm - 3 Henry Duque City Hall, 2nd floor pm 13230 East Penn Street Whittier 5/15/98, 9 am - Josiah Neeper State Office Building 12 pm 1350 Front Street, Room 4006 San Diego PUBLIC MEETINGS & WORKSHOPS Public Meeting May 6, 1998 California Public Utilities 10 am - 3 pm Commission 505 Van Ness Avenue, Room 4206 San Francisco The TDD Placement Interim Committee will conduct a monthly meeting. For more information, please contact Adam Thaler at (415) 703-1157. Public Meeting May 7 - 8, 1998 California Public Utilities 9 am - 5 pm Commission 505 Van Ness Avenue Training Room San Francisco The Commission Energy Division will conduct a workshop required by Assigned Commissioner Ruling of March 11, 1998 in the matter of Southern California Edison Company application A98-12-047. The purpose of the workshop is to explore performance standards for maintenance, repair and replacement of distribution facilities. For more information contact Sarv Randhawa at (415) 703-2274 or Richard Myers at (415) 703- 1228. Workshop Notice May 11, 1998 California Public Utilities 10:00 am Commission 505 Van Ness Avenue Training Room San Francisco The Utilities Safety Branch of the Consumer Services Division will convene the first meeting of the Revenue Cycle Services Safety Working Group. The purpose of the working group, as directed in the Assigned Commissioners' Ruling on Market Conditions Report and Other Matters, Rulemaking 98-01-011, issued on April 23, 1998, is to address safety concerns related to the unbundling of meters, meter reading and servicing, and services beyond the meter. This workshop is open to the public and the training room is wheelchair accessible. For further information or to suggest agenda topics, contact Raffy Stepanian at (213) 897-3334 or e- mail rst@cpuc.ca.gov. Public Meeting May 12, 1998 Pacific Gas and Electric Company 10 am - 4 pm Energy Center 851 Howard Street (1 block west of Designated Conference the Moscone Center) Leader: San Francisco Louise Perez/PG&E To join via teleconference: Reservation No. 4074787 Dial: (212) 748-2858 Passcode: 3823526# As provided for in Public Utilities Commission D.97-09-117, one or more LIGB Advisory Committee members may be participating in this meeting via teleconference. Members of the public may participate in the meeting by calling the above number on the day of the meeting. If you experience difficulty in trying to access this conference call, please contact Confertech at 1-800-252-5150. The Low Income Governing Board Advisory Committee (LIGBAC) will meet on the following agenda: Welcome and Introduction Chairperson's report, review meeting minutes, public comments, substitantiative program designs, and other business. These meetings are open to the public. You can get the materials for this meeting by phoning the LIGBAC at 415 703-2565 and leaving a message with your name, phone and fax number at least 24 hours in advance of the meeting time. Public Meeting May 13, 1998 California Public Utilities 9:30 am - 3 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: Review/Approval of Meeting Minutes, Review/Approval of Administrative Report and Expenses, Review/Approval of Market Study RFP, Review/Approval of Bidders Conference Sub-Committee and Meeting Items, PUC Report and take follow-up actions to Commissioner Knight's meeting, Anti-Smoking Marketing Campaign Update, Set future Agenda items for Discussion and hear Public comments. If you would like to join the meeting by phone conference or in person, and/or receive a copy of the full agenda and meeting materials, please notify Vivien Wright, Executive Assistant at (510) 452-2757. Public Meeting: CARE and LIEE Committees of the Low Income Governing Board May 13, 1998 Pacific Gas and Electric Company 10 am - 1:30pm Energy Center 851 Howard Street (1 block west of the Moscone Center) San Francisco To join via teleconference for the CARE Committee Dial (415) 904-8843 Pass Code 2368254# Reservation Number 4103965 To join via teleconference for the LIEE Committee Dial (415) 904-8834 Pass Code 5844919# Reservation Number 4103851 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 participate in the meeting by calling the above number on the day of the meeting. Parties experiencing difficulty may contact Confertech at (800) 252-5150 and provide the applicable reservation number listed above. Katherine McKenney is the conference leader for the CARE Committee call and Yvette Vazquez is the conference leader for the LIEE call. The CARE Committee and the LIEE Committee of the Low Income Governing Board will each meet on the following agenda: to begin planning process for making policy/program revisions for 1999 low income programs, including determining policy areas to investigate, outline workplan, designate tasks, identify needed information, identify sources of information, plan communication strategy with Advisory Committee. Public Meeting: The Low Income Governing Board (LIGB) May 13, 1998 Pacific Gas and Electric Company 1:30 pm - 4 pm Energy Center 851 Howard Street (1 block west of the Moscone Center) San Francisco To join via teleconference Dial (212) 293-3133 Pass Code 3146936# Reservation Number 4179547 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 participate in the meeting by calling the above number on the day of the meeting. Parties experiencing difficulty may contact Confertech at (800) 252-5150 and provide the applicable reservation number listed above. Henry Knawls is the conference leader for the call. The LIGB will meet on the following agenda: Chairperson's report, review meeting minutes, discuss legal and contract issues, develop alternatives for continuing LIGB work following February 4 State Personnel Board (SPB) letter ruling, address budget planning/ financial status, receive report on Advisory Committee activities, receive report on CARE and LIEE committee recommendations, review status of legislation, discuss policy planning issues, develop agenda for next Board meeting, and schedule future meetings. This meeting is open to the public; materials may be requested at least 24 hours in advance by calling 415-703-2565 and leaving a fax number. If necessary, immediately following the conclusion of the public meeting, the LIGB will hold an Executive Session (closed session) to discuss pending litigation regarding letters of agreement for outside consulting services, including the SPB's letter ruling of February 4, 1998, and the related case -- California State Employees Association et al. v. California State Personnel Board et al., Case No. 978CS03024 (Sacramento County Superior Court). The closed session is conducted pursuant to Government Code Sections 11126(e)(1), 11126(e)(2)(B)(i), and 11126(f)(6). Public Meeting May 14, 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 May 19, 1998 Pacific Gas and Electric Company 10 am - 4 pm Energy Center 851 Howard Street (1 block west of the Moscone Center) Designated Conference San Francisco Leader: Louise Perez/PG&E To join via teleconference: Dial: (212) 748-2858 Reservation No. 4074787 Passcode: 3823526# As provided for in Public Utilities Commission D.97-09-117, one or more LIGB Advisory Committee members may be participating in this meeting via teleconference. Members of the public may participate in the meeting by calling the above number on the day of the meeting. If you experience difficulty in trying to access this conference call, please contact Confertech at 1-800-252-5150. The Low Income Governing Board Advisory Committee (LIGBAC) will meet on the following agenda: Welcome and Introduction Chairperson's report, review meeting minutes, public comments, substitantiative program designs, and other business. These meetings are open to the public. You can get the materials for this meeting by phoning the LIGBAC at 415 703-2565 and leaving a message with your name, phone and fax number at least 24 hours in advance of the meeting time. Public Meeting May 20, 1998 California Public Utilities 1:30 pm Commission 505 Van Ness Avenue, Training Room San Francisco LOTTERY FOR TELEPHONE NUMBER PREFIX ASSIGNMENTS IN THE 209, 213/323, 310, 408/831, 415, 510/925, 619, 714/949, 805, 818/626, 909, 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, 213/323, 310, 408, 415, 510/925, 619, 714/949, 805, 818/626, 909, 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 MAY 12, 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 May 26, 1998 Pacific Gas and Electric Company 10 am - 4 pm Energy Center 851 Howard Street (1 block west of Designated Conference the Moscone Center) Leader: San Francisco Louise Perez/PG&E To join via teleconference: Reservation No. 4074787 Dial: (212) 748-2858 Passcode: 3823526# As provided for in Public Utilities Commission D.97-09-117, one or more LIGB Advisory Committee members may be participating in this meeting via teleconference. Members of the public may participate in the meeting by calling the above number on the day of the meeting. If you experience difficulty in trying to access this conference call, please contact Confertech at 1-800-252-5150. The Low Income Governing Board Advisory Committee (LIGBAC) will meet on the following agenda: Welcome and Introduction Chairperson's report, review meeting minutes, public comments, substitantiative program designs, and other business. These meetings are open to the public. You can get the materials for this meeting by phoning the LIGBAC at 415 703-2565 and leaving a message with your name, phone and fax number at least 24 hours in advance of the meeting time. Workshop Notice May 28 and 29, 1998 California Public Utilities 9:30 am - 4:30 pm Commission 505 Van Ness Avenue Training Room San Francisco The Telecommunications Division will conduct a workshop to identify the scope of issues to be included in an order instituting rulemaking regarding the Universal Lifeline Telephone Service (ULTS) program changes and General Order 153 revisions, as per Resolution T-16128. Workshop-related documents which have been mailed to all telecommunications carriers, and parties in the service list of the Universal Service Proceeding (R.95-01-020/.95/01-021) and OII 83-11-05 on May 4, 1998, are available for downloading in the CPUC web site (www.cpuc.ca.gov). Interested parties may comment on these documents and on any other issues which they believe should be included in the OIR process and the revised GO 153, to the Director of the Telecommunications Division and to the service lists of the Universal Service Proceeding and OII 83- 11-05, on or before May 15, 1998. The agenda for the workshop will be posted in the Commission's web site by May 18, 1998. Please contact the following Telecommunications Division staff if you have any further questions: Joseph Abhulimen at (415) 703-1458, fax (415) 703-4405, e-mail jaa@cpuc.ca.gov or Zenaida Conway at (415) 703-2005, e-mail ztc@cpuc.ca.gov. The Commission's policy is to hold workshops in locations that are accessible to people with disabilities. If specialized accommodations are needed, please call the Public Advisor at (415) 703-2074 or TDD # (415) 703-2032 no later than Public Meeting PLEASE NOTE: NEW DATE! May 29, 1998 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The California Relay Service Advisory Committee (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 4/24/98 A98-04- City of Roseville, to remove the Berry 060 Street crossing of the Union Pacific Railroad Company tracks and construct a new improved crossing in the City of Roseville, County of Placer 5/1/98 A98-05- Pacific Gas and Electric Company, for 001 approval of demand-side management shareholder incentives for 1997 program year accomplishments, and second claim for incentives for 1996 program year accomplishments 5/1/98 A98-05- Southwest Gas Corporation, to maintain 003 its authorized rate of return adopted in D94-12-022 and to integrate further review of applicant's rate of return into its next general rate case filing 5/1/98 A98-05- Pacific Gas and Electric Company, to 004 establish the eligibility and seek recovery of certain electric industry restructuring implementation costs as provided for in Public Utilities Code Section 376 5/1/98 A98-05- San Diego Gas & Electric Company, to 005 increase its gas and electric revenue requirements to reflect its accomplishments for demand-side management program years 1996 and 1997 in the 1998 annual earnings assessment proceeding PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 4/29/98 A97-08-008 Washington Water Power Company ; for an order authorizing (a) the issuance, sale, delivery, and/or guarantee of of Debt Securities, in one or more series, with an aggregate stated value of up to and including $250,000,000; (b) the issuance, sale, delivery, and/or guarantee of Conservation Bonds through the use of a special purpose entity, in one or more series 3 with an aggregate stated value of up to and including $60,000,000; (c) the refunding of tax- exempt debt securities currently outstanding, in one or more series, with an aggregate stated value of up to and including $85,000,000; and (d) the issuance and sale of up to and inlcuding $45,000,000 of outstanding short-term debt in excess of the amount provided in PU Code section 823; Petition for Modification of D97- 10-054 by Washington Water Power Company DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * ARBITRATOR'S REPORTS 5/5/98 A97-07-030 Application of PACIFIC GAS AND ELECTRIC COMPANY for Authorization to Sell Electric Distribution and Transmission Facilities Serving the Cities of Ripon, Escalon, Riverbank and Oakdale and Surrounding Rural Areas to the Modesto Irrigation District Pursuant to the Public Utilities Code Section 851 and for Approval of Service Area Agreement Under Public Utilities Code Section 8101. (Electric) (U 39 E); Alternate Order of Commissioner Neeper 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. 04/29/98 Energy SOUTHERN CALIFORNIA GAS COMPANY, 2682-A Supplements A.L.No.2682, Affiliate Transfer (effective TBD) 04/30/98 Energy PACIFIC GAS & ELECTRIC COMPANY, 2080 Revised rates for Monthly Gas Price Filing, Noncore. (anticipated effective 05/01/98) 04/30/98 Energy PACIFIC GAS & ELECTRIC COMPANY, Update 2706 Preliminary Statement Part VI and add language to Schedule GS and GSL. (anticipated effective 06/09/98) 04/30/98 Energy SAN DIEGO GAS & ELECTRIC COMPANY, 1092E|1095 Revision of Existing Line and Service G Extension Rules pursuant to Decision s 97-12-098 and 97-12-099. (effective TBD) 05/01/98 Energy PACIFIC GAS & ELECTRIC COMPANY, 2070-G-A Supplements A.L.No.2070, Proposed list of Core transport agents to include PG&E affiliate. (anticipated effective 04/27/98) 05/01/98 Energy SAN DIEGO GAS & ELECTRIC COMPANY, 1093 Revision of Monthly Average PX Prices for May 1998. (effective TBD) 05/01/98 Energy 572 SOUTHWEST GAS CORPORATION, Revisions to comply with Decisions 97-12-098 and 97-12-099 to revise Rules 13, Temporary Service; Rule 15, Gas Main Extensions; Rule 16, Gas Service Extensions. (effective TBD) 05/01/98 Telecom 34 FIRST WORLD ANAHEIM, This Filing extends the "One Month Free" promo (anticipated effective 05/06/98) 05/01/98 Telecom 14 FIRSTWORLD SOCAL (SPECTRANET ORANGE), This filing extends the "One Month Free" promo through May 1998. (anticipated effective 05/06/98) 05/01/98 Telecom HAPPY VALLEY TELEPHONE CO., To change 192 the income level for eligible Universal service customers (anticipated effective 06/01/98) 05/01/98 Telecom HORNITOS TELEPHONE COMPANY, To Change 167 the income level for eligible Universal Service customers (anticipated effective 06/01/98) 05/01/98 Telecom 85 MCIMETRO ATS, INC. (WESTERN UNION ATS), To increase Directory Assistance charge for residential customers and revise Billing and Collection of charges section (anticipated effective 06/01/98) 05/01/98 Telecom PACIFIC BELL, Amendment No. 2 to the 19410 IC Agreement with associated Group, Inc. dba Teligent (anticipated effective 05/31/98) 05/01/98 Telecom PACIFIC BELL, Amendment No. 3 to the 19411 IC Agreement with Associated Group dba Teligent (anticipated effective 05/31/98) 05/01/98 Telecom PACIFIC BELL, Amendment No. 4 to the 19412 Local IC Agreement with AT&T Communictions of California, Inc. (anticipated effective 05/31/98) 05/01/98 Telecom PACIFIC BELL, Express contract for 19413 DDD, VPP and Custom 8 Service (anticipated effective 05/15/98) 05/01/98 Telecom PACIFIC BELL, ULTS Income Limitations 19414 (anticipated effective 06/01/98) 05/01/98 Telecom PACIFIC BELL, Promotion-Advantages of 19415 Advantage 1000 (anticipated effective 06/10/98) 05/01/98 Telecom 4 PREFERRED CARRIER SERVICES INC., To inform the Cpuc that the Company will also be operating under its fictitious business name Phones For All and/or Telephonos Para Todos. (anticipated effective 05/01/98) 05/01/98 Telecom 27 QWEST COMMUNICATIONS CORP (SO. PACIFIC), To introduce new product offering (anticipated effective 06/14/98) 05/01/98 Telecom 29 QWEST COMMUNICATIONS CORP (SO. PACIFIC), To introduce several new rate plans, revisions to CA Intrastate Tariff (anticipated effective 05/07/98) 05/01/98 Telecom THE PONDEROSA TELEPHONE COMPANY, ULTS 245 Income Limit Increase (anticipated effective 06/01/98) 05/01/98 Telecom 87 WINTERHAVEN TELEPHONE COMPANY, To change the income level for eligible Universal Service Customers (anticipated effective 06/01/98) 05/04/98 Energy PACIFIC GAS & ELECTRIC COMPANY, 2070-A Supplements A.L.No.2070, Proposed list of Core transport agents to include PG&E affiliate. (anticipated effective 04/27/98) 05/04/98 Energy SOUTHERN CALIFORNIA EDISON COMPANY, 1309E Modification of Existing Line and Service Extension Rules Pursuant to Decision Nos. 97-12-098 and 97-12-099. (effective TBD) 05/04/98 Telecom CALAVERAS TELEPHONE COMPANY, ULTS 196 INCOME LIMITATIONS (anticipated effective 06/01/98) 05/04/98 Telecom CALIFORNIA OREGON TELEPHONE CO., ULTS 216 INCOME LIMITATIONS (anticipated effective 06/01/98) 05/04/98 Telecom DUCOR TELEPHONE COMPANY, ULTS INCOME 217 LIMITATIONS (anticipated effective 06/01/98) 05/04/98 Telecom EVANS TELEPHONE COMPANY, ULTS INCOME 273 LIMITATIONS (anticipated effective 06/01/98) 05/04/98 Telecom KERMAN TELEPHONE COMPANY, ULTS INOME 249 LIMITATIONS (anticipated effective 06/01/98) 05/04/98 Telecom PINNACLES TELEPHONE COMPANY, ULTS 133 INCOME LIMITATIONS (anticipated effective 06/01/98) 05/04/98 Telecom THE VOLCANO TELEPHONE COMPANY, ULTS 231 INCOME LIMITATIONS (anticipated effective 06/01/98) 05/04/98 Water 24 LAS FLORES WATER WORKS, Offset increase in the Consumer Price Index pursuant to D.92-03-093. (effective TBD) 05/04/98 Water 12 MIRA MONTE WATER COMPANY, Offset increase in the Consumer Price Index pursuant to D.92-03-093. (effective TBD) 05/04/98 Water 20 VISTA GRANDE WATER SYSTEM, Offset increase in the Consumer Price Index pursuant to D.92-03-093. (effective TBD) 05/05/98 Telecom GTE CALIFORNIA INCORPORATED, PBX/DID 8716 Contract (anticipated effective 05/18/98) 05/05/98 Telecom PACIFIC BELL, Express contract for 19416 DDD, VPP and Calling Card Service (anticipated effective 05/18/98) 05/05/98 Water 38 PENNGROVE WATER COMPANY, Add a surcharge to recover expenses paid for Dept. of Health Services fees and water testing costs resulting from EPA regulations. (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. 04/01/98 Energy PACIFIC GAS & ELECTRIC COMPANY, 2068 Revised monthly rates for core gas schedules. Late filed protest by Johnson Ranches, Inc.. 04/01/98 Energy PACIFIC GAS & ELECTRIC COMPANY, 2065 Revisions to Core Rates. Late filed protest by Johnson Ranches, Inc. MISCELLANEOUS TRANSPORTATION ITEMS May 6, 1998 Filings with Rail Safety and Carriers Division NONE ADJOURNMENTS * RESETTINGS * SUBMISSIONS I98-04- Bushey-Commission Order Instituting 033 Investigation, Future Net, Inc. hearing set for May 11, reset for 9 am, June 16, San Francisco C94-12- Malcolm-Credit Bureau Northern 042 California vs. U.S. Spring Communications Co. hearing set for June 17, in San Francisco, reset for 10 am, June 17, Council Chambers, City of Sonoma, 177 First Street, Sonoma A97-10- McVicar-Southern California Water 083 Company , to recover in rates the costs of replacement water rights in its Barstow District, Evidentiary Hearing held and submitted REMOVALS FROM CALENDAR NONE NEW SETTINGS 6/19/98 10:00 am (EH)-Utility Resource Management Group ALJ C97-10- on behalf of the Las Virgenes Unified Ryerson 059 School District vs. Southern Comr California Edison Company, for Neeper overbilling due to erroneous classification as TOU-8 instead of I-6 Commission Courtroom, Los Angeles LAW AND MOTION Law and Motion Hearings are held beforeAdministrative 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 . 5/12/98 9:30 am NONE SCHEDULED 5./19/98 9:30 am NONE SCHEDULED 5/26/98 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 5/7/98 10:00 am (PHC)-For authority to unbundle core ALJ A97-12- interstate pipeline transportation, Malcolm 048 Commission Courtroom, San Francisco Comr (also (EH) for 10 am, May 12 (also Knight May 13-15, San Francisco) 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 5/8/98 10:00 am (PHC)-Dominguez Water Company, ALJ Weiss A98-03- Russian River Management Company, dba Comr Duque 020 Rancho Del Paradiso Water Company, and Philip, Janet, Jesse and Gaye Guidotti, for an ex parte order authorizing the acquisition of substantially all of the utility 10:30 am assets of Rancho Del Paradiso Water A98-03- Company by Dominguez Water Company, 021 and (PHC)-Dominguez Water Company, Russian River Management Company, dba Armstrong Valley Water Company, and Philip, Janet, Jesse and Gaye 11:00 am Guidotti, for an ex parte order A98-02- authorizing the acquisition of 028 substantially all of the utility assets of Armstrong Valley Water Company by Dominguez Water Company, and (PHC)-Dominguez Water Corporation, Lucerne Water Company, and Robert and Nadine Strauss, for an order authorizing the acquisition of substantially all of the utility assets of Lucerene Water Company by Dominguez Water Corporation, Commission Courtroom, San Francisco 5/8/98 11:30 am (PHC)-Apple Valley Ranchos Water ALJ Weiss A98-03- Company, for authority to increase Comr 024 rates by $1,295,453 or 15.1% in 1999; Neeper $279,216 or 2.8% in 2000, and by $280,577 or 2.7% in 2001, Commission Courtroom, San Francisco 5/11/98 10:00 am (EH)-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 (EH)-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 fort 1999 and the attrition 009 year 2000 in the Larkfield District, and (EH)-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, Commission Courtroom, San Francisco (also May 12-15, San Francisco) 5/11/98 1:30 pm (PHC)-Pacific Gas and Electric ALJ A97-11- Company, to identify cost savings for Malcolm 004 revenue cycle services provided by Comr Duque other entities and to propose credits for end-use customers in such A97-11- circumstances, and 011 (PHC)-Southern California Edison Company, to identify cost savings for revenue cycle services provided by other entities and to propose net avoided-cost credits for end-use A97-11- customers in such circumstances for 012 implementation on 1/1/99, and, (PHC)-San Diego Gas & Electric Company, to identify cost savings for revenue cycle services provided by other entities and to propose credits for end-use customers in such circumstances for implementation no later than 1/1/99, Phase 2, Commission Courtroom, San Francisco; (EH) for 10 am, May 18, San Francisco (also May 19-22, 26-29, and June 1-5, San Francisco 5/12/98 10:00 am (PHC)-Order Instituting Investigation ALJ I98-02- on the Commission's own motion into Bennett 025 the operations, marketing and sales Comr practicves of GTE California's Neeper Foreign Language Assistance Center, Commission Courtroom, San Francisco 5/12/98 10:00 am (EH)-Southern California Gas Company, ALJ A97-12- for authority to unbundle core Malcolm 048 interstate pipeline transportation, Comr Commission Courtroom, San Francisco Knight also May 13-15, San Francisco) 5/12/98 10:00 am (PHC)-City of Bakersfield vs. Union ALJ Ryerson C98-02- Pacific Railroad Company, for failure Comr Conlon 047 and refusal to maintain certain at grade railroad crossings in a safety manner in the City of Bakersfield, C98-02- and 048 (PHC)-City of Bakersfield vs. Burlington Northern Santa Fe Corporation, for failure and refusal to maintain certain at-grade C98-02- railroad crossings in a safety manner 049 in the City of Bakersfield. (PHC)-City of Bakersfield vs. Southern Pacific Railroad Company, for failure and refusal to adequately maintain properties located within the corporate limits of the city of Bakersfield Council of Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield 5/12/98 10:00 am (PHC)-Eric Diesel vs. Pacific Gas and ALJ Weiss C98-01- Electric Company, for failure to Comr Duque 032 comply with a California Public Utilities Commission decision and for failure to exercise good faith in installing power lines on complainant's property, Commission Courtroom, San Francisco 5/13/98 1:30 pm (PHC)-Southern California Water AJ Walker A96-11- Company, to increase rates in order Comr 007 to recover costs resulting from Knight participation in the State Water Project under contractwith the Central Coast Water Authority and other related costs to deliver water in its Santa Maria District, Commission Courtroom, San Francisco 5/14/98 2:00 pm (PHC)-Southern California Edison ALJ A96-06- Company, for a certificate of public Careaga 033 convenience and necessity to Comr construct electrical facilities with Neeper voltages between 50 kV and 200 kV Big Bear City Community Services District, 301 W Big Bear Boulevard, Big Bear City 5/15/98 9:00 am (PHC)-Mark Baker vs. Pacific Bell, ALJ Bushey C97-12- for improper switch service and not Comr 032 providing busy signal; request to Knight restore digital service to 128K State Office Building, Office of Administrative Hearings, Room 6022, 1350 Front Street, San Diego 5/15/98 9:30 am (PHC)-Westmount Condominium ALJ C98-03- Association vs. Southern California Careaga 007 Edison Company, for failure to Comr reinstall meter in a timely manner, Conlon Commission Courtroom, Los Angeles 5/15/98 10:00 am (PHC)-Pacific Bell, application to ALJ A97-11- modify certin affiliate transaction Rosenthal 040 rules as contained in D.87-12-067, Comr D.92-07-072, and D.86-01-026, to Conlon facilitate the post-mergr consolidation of support services, Commission Courtroom, San Francisco 5/18/98 10:00 am (EH)-Christopher Gray vs Pacific Bell ALJ C97-11- and GTE California, for failure to McVicar 028 provide payphone pricing information Comr Duque which is accessible to blind customers in violation of Federal and State laws regarding equal access to telecommunications facilities, Commission Courtroom, San Francisco (also May 19-22. San Francisco) 5/18/98 10:00 am (EH)-Commission Order Instituting ALJ R93-04- Rulemaking on Commission's own motion McKenzie 003 to govern open access to bottleneck Comr Duque I93-04- services and establish a framework 002 for network architecture development of dominant carrier networks, and (EH)-Commission Order Instituting Investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks, and related matter, Commission Courtroom, San Francisco (also May 19-22, May 26-29, and June 1-5, San Francisco) 5/19/98 10:00 am (EH)-W. Victor vs. GTE California and ALJ Walker C92-02- Does 2001-2010, for correction of Comr Duque 032 telephone billing of $65.04 due to (And billing errors, and related matters, related Commission Courtroom, Los Angeles matters) (also May 19-22, Los Angeles) 5/26/98 10:00 am (EH)-Southern California Edison ALJ A97-12- Company, for an order approving Gottstein 043 termination agreement for termination Comr Duque of Interim Standard Offer No. 4 Power Purchase Agreement with Harbor Cogeneration Company, Commission Courtroom, San Francisco (also May 27-29, San Francisco (OA) July 14, San Francisco) 5/27/98 10:00 am (PHC) Norman Phillips vs. Southern ALJ Ryerson C97-05- Pacific Transportation Company, for Comr Conlon 003 rehabilitation of nine crossings in Orange County, pursuant to GO 72-B, Council Chambers, 22 Civic Center Plaza, Santa Ana, 5/27/98 2:00 pm (PHC)-Airport Cruiser to transfer and ALJ Ryerson A97-05- Buslink Corp to acquire the passenger Comr Bilas 049 stage certificate and for finding of revocation of PSC-5877 error, City of Santa Ana, Council Chambers, 22 Civic Center Plaza, Santa Ana 5/27/98 2:00 pm (EH)-Preferred Transportation, Inc., ALJ Ryerson A97-11- dba SuperShuttle, for authority to Comr Bilas 006 extend its existing passenger stage certificate to include: scheduled service over the most direct routes from points in communities in Orange County, on the one hand, and Los Angeles International Airport and Orange County Airport, on the other hand (1430) South Anaheim Boulevard, Anaheim Council Chambers, 22 Civic Center Plaza, Santa Ana 5/28/98 10:00 am (PHC)-Commission Order Instituting ALJ Bushey I98-03- Investigation into the operations, Comr Neeper 039 practices and conduct of America's Tele-Network Corp. (ATN), John W. Little, president of ATN, and Geri Clary, Controller of ATN, to determine whether the corporation or its principals have violated Rule 1 of the Commission's Rules of Practice and Procedure or have violated the laws, rules and regulations governing the manner in which California consumers are switched from one long- distance carrier to another, Commission Courtroom, San Francisco 5/29/98 9:30 am (PHC)-Pacific Gas and Electric ALJ Wetzell A97-12- Company, for authority to increase Comr Bilas 020 rates and charges for electric and 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 (also (EH) June 8-12, June 15-19, June 22-26, June 29-30, July 1-3, July 6-10 July 13-17, July 20-24, July 27-31, San Francisco; Rebuttal Hearings August 17-21, Update Hearings November 9-13 and November 16, San Francisco) 6/1/98 10:00 am (EH)-Landmark Communications, Inc., ALJ Ramsey A97-07- for certificate of public convenience Comr Bilas 008 and necessity to resell interLATA and intraLATA telecommunications services, Commission Courtroom, San Francisco (also June 2-5, San Francisco) 6/9/98 10:00 am (EH)-Irvine Apartment Communities, ALJ Walker C98-02- Inc., by and through its agent, Comr 020 CoxCom Inc., dba Cox Communications Knight Orange County and Cox California Telcom, Inc. vs. Pacific Bell, for violation of tariff obligations and failure to comply with request to reconfigure existing wiring and to install a cross-connect facility, Commission Courtroom, San Francisco (also June 10-12, San Francisco) 6/12/98 12:30 pm (ECP)-Rodney W. Lucas and LaDonna M. ALJ Barnett C98-03- Lucas vs. Southern California Gas 055 Company, for refund of the overbilled amount of $194.91, Commission Courtroom, Los Angeles 6/16/98 9:00 am (EH)-Commission Order Instituting ALJ Bushey I98-04- Investigation into the operations and Comr Neeper 033 practices of affiliated companies Future Net Inc. and Future Net Online, Inc. dba Future Electric Network and individuals Alan Setlin and Larry Huff, Commission Courtroom, San Francisco 6/16/98 2:00 pm (PHC)-Southern California Water ALJ Walker A98-03- Company, for authority to increase Comr Duque 029 rates by $661,700 or 34/51% in 1999; A98-03- by $249,000 or 9.71% in 2000; and by 030 $258,800 or 9.19% in 2001 in the A98-03- Desert District, and related matters, 031 Commission Courtroom, San Francisco A98-03- 0332 A98-03- 033 A98-03- 034 6/17/98 10:00 am (EH)-Credit Bureau Northern ALJ Malcolm C94-12- California vs. U.S. Sprint Comr Knight 042 Communications Company, for failure to comply with the terms of Agreement; to refund service charges of over $20,000 and sign up rebate of $10,000, Council Chambers, City of Sonoma, 177 First Street, Sonoma 6/19/98 10:00 am Utility Resource Management Group on ALJ C97-10- behalf of the Las Virgenes Unified Ryerson 059 School District vs. Southern Comr California Edison Company, for Neeper overbilling due to erroneous classification as TOU-8 instead of I-6 Commission Courtroom, Los Angeles 7/6/98 10:00 am (EH)-Reliable Payphone Company vs. ALJ Galvin C97-12- Pacific Bell, for refusal to transfer Comr 041 payphone ANI's to New LEC; for Neeper fraudulent representations; for unlawful or improper termination of service; for improper late charges; for unlawful retaliation, Room B-107, State Office Building, 1350 Front Street, San Diego (also July 7-8, San Diego) 7/22/98 9:30 am (PHC)-Pacific Gas and Electric ALJ A95-10- Company, for authorization to Econome 024 implement a plan of reorganization Comr which will result in a holding Neeper company structure, Commission Courtroom, San Francisco;(EH) for 10 am, July 27, San Francisco (also July 28-31;August 3-7 and 10-14) Closing Argument before Assigned Commissioner for 9 am, October 15, San Francisco 7/15/98 10:00 am (EH)-Rulemaking on the Commission's ALJ R95-04- own motion into competition for local Pulsifer 043 exchange service, and Comr I95-04- (EH)-Investigation on the Conlon 044 Commission's own motion into competition for local exchange service, Commission Courtroom, San Francisco (also July 16-17, 20-24, San Francisco) 8/3/98 10:00 am (PHC)-Pacific Bell, for authority to ALJ Galvin A98-02- categorize business inside wire Comr 017 repair, interexchange carrier Conlon directory assistance, and limited call control service as Category III services, Commission Courtroom, San Francisco (also August 4-7, San Francisco) 8/3/98 A95-05- (EH)-Southern California Edison ALJ Barnett 049 Company, for authority to revise its Comr Knight A94-05- energy cost adjustment bill factors, 044 its electric revenue adjustment A93-05- billing factorts, its low-income rate 044 assistance, and its base rate levels effective 1/1/1996; to revise the incremental energy rate, the energy reliability index, and avoidable capacity cost pricing, etc., and related matters , Commission Courtroom, San Francisco (also August 4 and 5, San Francisco) 8/10/98 10:00 am (EH)-San Diego Gas & Electric ALJ Minkin A98-01- Company, for authority to implement a Comr 014 distribution performance ratemaking Neeper mechanism, Commission Courtroom, San Francisco (also August 11-14,, 17-21, and September 14-16, San Francisco (PPH) for September 23 and 24 with places to be announced 9/28/98 10:00 am (EH)-Rulemaking on the Commission's ALJ R95-04- own motion into competition for local Pulsifer 043 exchange service, and Comr I95-04- (EH)-Investigation on the Conlon 044 Commission's own motion into competition for local exchange service, Commission Courtroom, San Francisco (also September 29 and 30, and October 1 and 2, San Francisco) 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. 5/1/98 A97-07-015 Southwest Gas Corporation, to modify the terms and conditions of the certificate of public convenience and necessity granted in D95-04-075 to provide natural gas service in areas of El Dorado, Nevada, and Placer Counties. Summary: AUGMENTATION REQUIRED. On April 28, 1998, Edward Zub, Senior Vice President/Rates and Product Pricing of the Southwest Gas Corporation (Southwest), spoke to Cmmr. Bilas. On April 29, 1998, Edward Zub participated in a meeting with Julie Halligan, advisor to Cmmr. Bilas. In the meeting of April 29, 1998, also participated: Roger Montgomery, Director/Rates and State Regulatory Affairs, and James Kane, Senior Vice President/Operations, for Southwest; and Mark Pocta of the Office of Ratepayer Advocates. Filer: Southwest Gas Corporation Contact: Keith Brown Phone: (702) 876-7157 5/1/98 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 April 17, 1998, Andrew Barrera of Huntington Park Business Assistance Center wrote a letter (attached to the notice) to Cmmr. Bilas. Copies of the letter were sent to Cmmrs. Conlon, Duque, Knight, and Neeper. On April 24, 1998, Ronald Banks of the City of Inglewood Police Department wrote a letter (attached to the notice) to Cmmr. Bilas. Copies of the letter were sent to Cmmrs. Conlon, Duque, Knight, and Neeper. On April 30, 1998, Connie Rich of Women's Opportunities Resources and Knowledge wrote a letter (attached to the notice) to Cmmr. Bilas. Copies of the letter were sent to Cmmrs. Conlon, Duque, Knight, and Neeper. On April 30, 1998, Ruben Hernandez of Unification of Disabled Latin Americans wrote a letter (attached to the notice) to Cmmr. Bilas. Copies of the letter were sent to Cmmrs. Conlon, Duque, Knight, and Neeper. The foregoing letters expressed support for Pacific Bell's entry in the long distance market. Filer: Pacific Bell Contact: Lila Tam Phone: (415) 542-9268 5/1/98 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 April 29, 1998, Rick Witherington, Vice President of Government Affairs for AT&T Communications of California, Inc. (AT&T), met with Cmmr. Duque in San Francisco. Also present were: Tim Sullivan, advisor to Cmmr. Duque; and Robert Kargoll, AT&T Regulatory Advocate. Witherington urged the Commission to reject the SBC-Pacific Bell (PacBell) request for entrance into the long distance market until SBC-PacBell fully implements the 14-point competitive checklist. Witherington suggested not to eliminate the incentive of long distance relief before sustainable competition in the local exchange market is assured. Witherington noted that SBC-PacBell's own data demonstrates their monopoly position. Witherington attributed the paucity of local competition directly to wholesale prices and UNE rates that are not cost-based, and to SBC-PacBell's failure to implement the 14-point checklist. Witherington explained that the possibility of future local exchange carrier (LEC) involvement in the long distance market is a powerful incentive for SBC-PacBell cooperation in the local market competition. Witherington warned that once the LEC is allowed into the long distance market, SBC-PacBell's incentive to cooperate will disappear, local competition would stall, and long distance competition would be threatened. Filer: AT&T Communications of California, Inc. Contact: Doretta Dea Phone: (415) 442-2985 5/4/98 A97-07-030 Pacific Gas and Electric Company, to sell and Modesto Irrigation District to acquire electric distribution and transmission facilities serving the Cities of Ripon, Escalon, Riverbank, Oakdale, and surrounding rural areas. Summary: LATE FILED. On April 28, 1998, Robert Kinosian, project manager for the Office of Ratepayer Advocates (ORA), met with Cmmr. Neeper in San Francisco. Also present were Hallie Yacknin, Staff Counsel for Office of Ratepayer Advocates, and David Gamson, advisor for Cmmr. Neeper. ORA stated that the proposed decision does not overturn Redding II, but rather distinguishes it on its facts from the present case. ORA stated that it would be inconsistent with D97-09-047, which places Pacific Gas and Electric Company (PG&E) at some risk for competing for distribution customers and allocates the benefits of such competition to competitive transition cost (CTC), to give PG&E the gain on sale for selling the distribution facilities instead of competing. ORA noted that PG&E's assertion that the net gain on sale is minimal because $34 million of the $37.8 million will be paid to MID misstates the issue and that how PG&E would spend its gain on sale, if allocated to it, is irrelevant to whether the gain should be allocated to shareholders. ORA suggested that if the Commission were to consider how PG&E would spend the gain on sale, PG&E's claim that the $34 million payment to MID is to settle litigation belies the fact that litigation in question was initiated by PG&E against MID. ORA stated further that the record indicates the payment is to entice MID to enter into the agreement not to compete with PG&E, and that does not justify award of the gain on sale to PG&E shareholders. Filer: Office of Ratepayer E-Mail: mnt@cpuc.ca.gov Advocates Contact: Susie Toy Phone: (415) 703-1858 Summary: On April 29, 1998, Robert Kinosian, project manager for the Office of Ratepayer Advocates (ORA), met with Cmmr. Knight in San Francisco. Also present was Hallie Yacknin, Staff Counsel for ORA. ORA stated that the proposed decision does not overturn Redding II, but rather distinguishes it on its facts from the present case. ORA stated that it would be inconsistent with D97-09-047, which places Pacific Gas and Electric Company (PG&E) at some risk for competing for distribution customers and allocates the benefits of such competition to competitive transition cost (CTC), to give PG&E the gain on sale for selling the distribution facilities instead of competing. ORA noted that PG&E's assertion that the net gain on sale is minimal because $34 million of the $37.8 million will be paid to MID misstates the issue and that how PG&E would spend its gain on sale, if allocated to it, is irrelevant to whether the gain should be allocated to shareholders. ORA suggested that if the Commission were to consider how PG&E would spend the gain on sale, PG&E's claim that the $34 million payment to MID is to settle litigation belies the fact that litigation in question was initiated by PG&E against MID. ORA stated further that the record indicates the payment is to entice MID to enter into the agreement not to compete with PG&E, and that does not justify award of the gain on sale to PG&E shareholders. Filer: Office of Ratepayer E-Mail: mnt@cpuc.ca.gov Advocates Contact: Susie Toy Phone: (415) 703-1858 Summary: LATE FILED. On April 28, 1998, Robert Kinosian, project manager for the Office of Ratepayer Advocates (ORA), met with Cmmr. Bilas in San Francisco. Also present were: Julie Halligan and John Scadding, advisors to Cmmr. Bilas; and Hallie Yacknin, Staff Counsel for ORA. ORA stated that the proposed decision does not overturn Redding II, but rather distinguishes it on its facts from the present case. ORA stated that it would be inconsistent with D97-09-047, which places Pacific Gas and Electric Company (PG&E) at some risk for competing for distribution customers and allocates the benefits of such competition to competitive transition cost (CTC), to give PG&E the gain on sale for selling the distribution facilities instead of competing. ORA noted that PG&E's assertion that the net gain on sale is minimal because $34 million of the $37.8 million will be paid to MID misstates the issue and that how PG&E would spend its gain on sale, if allocated to it, is irrelevant to whether the gain should be allocated to shareholders. ORA suggested that if the Commission were to consider how PG&E would spend the gain on sale, PG&E's claim that the $34 million payment to MID is to settle litigation belies the fact that litigation in question was initiated by PG&E against MID. ORA stated further that the record indicates the payment is to entice MID to enter into the agreement not to compete with PG&E, and that does not justify award of the gain on sale to PG&E shareholders. Filer: Office of Ratepayer E-Mail: mnt@cpuc.ca.gov Advocates Contact: Susie Toy Phone: (415) 703-1858