Daily Calendar California Public Utilities Commission Thursday, May 21, 1998 Page 33 Public Utilities Commission of the State of California Wesley M. Franklin, Executive Director Headquarters Southern California Office 505 Van Ness Avenue 107 So. Broadway, Room 5109 San Francisco, CA 94102 Los Angeles, CA 90012 (415) 703-2782 (213) 897-2973 Website: http://www.cpuc.ca.gov Daily Calendar Thursday, May 21, 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 21, 1998 10 am San Francisco June 4, 1998 10 am San Francisco June 18, 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 June 1, 1998 1:30 pm San Francisco June 15, 1998 1:30 pm San Francisco June 29, 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 6/12/98, 9 am - Josiah Neeper State Office Building 12 pm 1350 Front Street, Room 4006 San Diego PUBLIC MEETINGS & WORKSHOPS Workshop Notice May 18 through May 21, Pacific Bell 1998 370 3rd Street 9 am - 5 pm Parnassus Room San Francisco Pursuant to Rulemaking 97-10-016 and Investigation 97-10-017, Ordering Paragraph 6, the Telecommunications Division will direct the third and final portion of a workshop to develop Operations Support Systems performance measurements. The workshop may end before May 21 if the workshop discussion is deemed by Telecommunications Division to be complete prior to that date. For more information contact Telecommunications Division Staff member Robert Benjamin at (415) 703-1069. Public Meeting May 22, 1998 Pacific Gas and Electric Company 9:30 am - 4 pm Energy Center 851 Howard Street (1 blk west of Moscone Center) San Francisco The California Board for Energy Efficiency will meet to discuss the status of administrative and technical services to CBEE; the Interim Opinion: Policy Rules and Request for Proposals for Energy Efficiency Program Administrators (D. 98- 04-063); the Interim Opinion: Extension of Interim Administrators for Energy Efficiency and Low Income Programs in R.94-04-031/I.94-04-032; the status of Assembly Bill 2461 and related legislation; utility status reports on 1998 energy efficiency programs; and updates on and the status of the RFP for independent administration and associated Commission decisions, CBEE work plans and schedules, issues related to utility assets and liabilities, verification and other reporting requirements, and the Technical Advisory Committee and Board operational matters. The contact person is Sara Myers, (415) 387-1904. For further details about CBEE and this meeting consult the CBEE Web Page at www.cbee.org . If necessary, immediately following the conclusion of the public meeting, the CBEE 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), 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. Public Meeting RESCHEDULED MEETING - ORIGINALLY SET FOR 5/13/98 May 27, 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 the ULTS Trust Office at (510) 452-2757. Public Meeting: CARE and LIEE Committees of the Low Income Governing Board May 27, 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 Henry Knawls 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: address 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, take public comment and plan communication strategy with Advisory Committee. In addition, the LIEE Committee will consider a petition filed by the ICA. Public Meeting: The Low Income Governing Board (LIGB) May 27, 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 417954 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, receive public comments, review meeting minutes, address RHA proposal on R&D funding, discuss legal and contract issues, address budget planning/ financial status, receive report on Advisory Committee activities, receive report and recommendations from CARE and LIEE committees, discuss process for forwarding recommendations to Commission, 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 28, 1998 California Public Utilities 9:30 am - 2:30 pm Commission 505 Van Ness Avenue, Room 4206 San Francisco The Payphone Service Providers Enforcment Committee will conduct a monthly meeting. For more information, please contact Adam Thaler at (415) 703-1157. CALIFORNIA PUBLIC UTILITIES COMMISSION Workshop to Address ULTS Program Changes and General Order 153 Revisions AGENDA MAY 28, 1998 Morning 9:30 - 12:00 A. Opening Matters 1. Introductions 2. Purpose of the Workshop 3. Overview of Workshop Structure and Agenda B. ULTS Program Changes Implemented To Date Discussion of issues in Section A of Telecommunication Division's (TD) Summary of Issues for ULTS OIR and General Order 153 Revisions Lunch 12:00 - 1:15 Afternoon 1:15 - 4:30 C. Additional ULTS Program Changes Discussion of issues in Section B of TD's Summary of Issues for ULTS OIR and General Order 153 Revisions MAY 29, 1998 Morning 9:30 - 12:00 D. General Order (GO) 153 Revisions Discussion of TD's Proposed Draft of Revised GO 153 Lunch 12:00 - 1:15 Afternoon 1:15 - 4:30 D. General Order (GO) 153 Revisions (Cont.) E. Revised ULTS Monthly Report/Claims Form Discussion of TD's proposed ULTS Monthly Report and Claims Statement 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 TIMES! May 28, 1998 Deaf and Disabled 10 am - 3 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The FINANCE SUB-COMMITTEE of the Deaf and Disabled Telecommunications Program will hold a meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting May 28, 1998 Deaf and Disabled 3 pm - 5 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The NATURAL DISASTERS SUB-COMMITTEE of the Deaf and Disabled Telecommunications Program will hold a meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting 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 Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting June 2, 1998 Pacific Gas and Electric Company 9:30 am - 4 pm Energy Center 851 Howard Street (1 blk west of Moscone Center) San Francisco The California Board for Energy Efficiency will meet to discuss the status of administrative, legal and technical services to CBEE and CBEE comments as required; the status of legislation impacting energy efficiency issues and CBEE comments if necessary; the status of the RFP for independent administration and associated Commission decisions; issues related to utility assets and liabilities and verification and other reporting requirements; the Technical Advisory Committee and CBEE operational matters; a review of 1998 energy efficiency programs including research RFPs; and planning for 1999 energy efficiency programs and research necessary to aid that planning process. The contact person is Sara Myers, (415) 387-1904. For further details about CBEE and this meeting consult the CBEE Web Page at www.cbee.org . Public Meeting June 2, 1998 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The Administrative Committee of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting June 2, 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 Dennis Guido/PG&E To join via teleconference: Dial: (212) 293-3180 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, 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 June 4, 1998 Advocates for Consumer Equity 9 am - 3 pm Conference Room Electric Education Trust 225 West Hospitality Lane, Suite Outreach Subcommittee 200 San Bernardino The Outreach Subcommittee of the Electric Education Trust (EET) meets to prepare an implementation work-plan for receiving public input into the design of the EET's CBO grant program. The contact person is Geoffrey Meloche at (415) 703- 3372. Public Meeting June 10, 1998 Pacific Gas and Electric Company 9:30 am - 4 pm Energy Center 851 Howard Street (1 blk west of Moscone Center) San Francisco The California Board for Energy Efficiency will meet to discuss the status of administrative, legal and technical services to CBEE and CBEE comments as required; the status of legislation impacting energy efficiency issues and CBEE comments if necessary; the status of the RFP for independent administration and associated Commission decisions; issues related to utility assets and liabilities and verification and other reporting requirements; the Technical Advisory Committee and CBEE operational matters; a review of 1998 energy efficiency programs including research RFPs; and planning for 1999 energy efficiency programs and research necessary to aid that planning process. The contact person is Sara Myers, (415) 387-1904. For further details about CBEE and this meeting consult the CBEE Web Page at www.cbee.org . Public Meeting June 11, 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 Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting June 16, 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 Dennis Guido/PG&E To join via teleconference: Dial: (212) 293-3180 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, 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 June 24, 1998 Pacific Gas and Electric Company 9:30 am - 4 pm Energy Center 851 Howard Street (1 blk west of Moscone Center) San Francisco The California Board for Energy Efficiency will meet to discuss the status of administrative, legal and technical services to CBEE and CBEE comments as required; the status of legislation impacting energy efficiency issues and CBEE comments if necessary; the status of the RFP for independent administration and associated Commission decisions; issues related to utility assets and liabilities and verification and other reporting requirements; the Technical Advisory Committee and CBEE operational matters; a review of 1998 energy efficiency programs including research RFPs; and planning for 1999 energy efficiency programs and research necessary to aid that planning process. The contact person is Sara Myers, (415) 387-1904. For further details about CBEE and this meeting consult the CBEE Web Page at www.cbee.org . Public Meeting June 26, 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 Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting June 30, 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 Dennis Guido/PG&E To join via teleconference: Dial: (212) 293-3180 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, 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. NEW FILINGS NONE PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING NONE DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * ARBITRATOR'S REPORTS 5/20/98 A97-03-004 In the Matter of the Application of Pacific Bell (U 1001 C), a corporation, for approval of rate reductions to offset the explicit subsidy support ordered in Decision 96- 10-066; Proposed decision of ALJ Walwyn ADVICE LETTER FILINGS NONE MISCELLANEOUS TRANSPORTATION ITEMS May 21, 1998 Filings with Rail Safety and Carriers Division NONE ADJOURNMENTS * RESETTINGS * SUBMISSIONS A97-11- Malcolm-Pacific Gas and Electric 004 Company, to identify cost savings for A97-11- revenue cycle services, etc., and 011 related matters, Evidentiary Hearing A97-11- held and continued to 10 am, May 21, 012 San Francisco R93-04- McKenzie-Commission Order Instituting 003 Rulemaking on the Commission's own I93-04- motion to govern open access to 002 bottleneck services, etc., and related matter, Evidentiary Hearing held and continued to 9:15 am, May 21, San Francisco A97-07- Ramsey-Landmark Communications, Inc., 008 CPCN, hearing set for June 1, reset for 10 am, July 1, San Francisco REMOVALS FROM CALENDAR A97-12- Wetzell-Pacific Gas and Electric 020 Company, to increase rates, etc., I97-11- Prehearing Conference set for May 29 026 and Evidentiary Hearing set for June 8, removed from calendar NEW SETTINGS NONE LAW AND MOTION Law and Motion Hearings are held before Administrative Law Judge Steven Kotz at 9:30 am in one of the Commission's San Francisco Office Hearing Rooms, unless otherwise noted. Law and Motion procedures are governed by Resolution ALJ 164. Copies of Resolution ALJ 164 are available from the Commission's Documents Desk (415) 703-1713 or from Central Files (415) 703-2045 5/26/98 9:30 am NONE SCHEDULED 6/2/98 9:30 am NONE SCHEDULED 6/9/98 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 (OA) = Oral Argument Conference (EH) = Evidentiary Hearing (WS) = Workshop (PPH) = Public (FPH) = Full Panel Participation Hearing Hearing (IAM) = Initial Arbitration (AH) = Arbitration Meeting Hearing (M) = Mediation 5/20/98 10:00 am (EH)-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 (EH)-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, (EH)-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; (also May 21-22, 26-29, and June 1-5, San Francisco (OA) for 10:00 am, June 16, Commission Courtroom, San Francisco) 5/20/98 9:15 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 21-22, May 26-29, and June 1-5, San Francisco) 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)-Order Instituting Investigation ALJ Bennett I98-02- on the Commission's own motion into Comr Neeper 025 the operations, marketing and sales practices of GTE California's Foreign Language Assistance Center, Commission Courtroom, San Francisco 5/27/98 9:00 (PHC)-Los Alamitos Race Course, for an ALJ Ryerson a.m. order authorizing pedestrian-bikeway Comr Conlon A97-12- crossings at grade at the track of the 017 Union Pacific Railroad Company in the City of Cypress Council Chambers, 22 Civic Center Plaza, Santa Ana 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 (PHC)-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 2:00 pm (PHC)-Pacific Gas and Electric ALJ A98-05- Company, for approval of demand-side Gottstein 001 management shareholder incentives for Comr Neeper 1997 program year accomplishments, and second claim for incentives for 1996 program year accomplishments, and A98-05- (PHC)-San Diego Gas & Electric 005 Company, to 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 A98-05- assessment proceeding, and 013 (PHC)-Southern California Edison , for approval of demand-side management shareholder incentives for 1997 program year accomplishments and the second installment of shareholder A98-05- incentives for the 1996 program year, 018 and (PHC)-for authority to increase its gas revenue requirements to reflect its accomplishments for demand-side management program years 1994, 1995, and 1996, in the 1997 annual earnings assessment proceeding, Commission Courtroom, San Francisco 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 6/1/98 2:00 pm (PPH)-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; by $280,577 or 2.7% in 2001, Town Council Chambers, 14900 Apple Valley Road, Apple Valley (also 7:00 pm, Apple Valley) 6/8/98 10:00 am (PHC)-Commission Rulemaking to revise ALJ R87-11- time schedule for rate case plan and Stalder 012 fuel offset proceedings, Comr Commission Courtroom, San Francisco Neeper 6/8/98 10:00 am (EH)-CABAC, Inc., for authority to ALJ A97-06- operate as an "on-call" passenger Bennett 011 stage corporation pursuant to Section Comr Duque 1031 of the California Public Comr Utilities Code between pints in Los Neeper Angeles, Orange, Riverside, San Bernardino and Ventura Counties and Los Angeles International, Burbank, Long Beach, and John Wayne an Ontario Airports, San Pedro Harbor, and the Los Angeles Amtrack Terminal, and for a zone of rate freedom for its tariff rates, Commission Courtroom, Los Angeles (also June 9-12 and June 17-19, Los Angeles) 6/9/98 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 June 10 and 11, 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 6/15/98 10:00 am (EH)-Commission Order Instituting ALJ Ryerson I97-06- Investigation, on the Commission's own Comr Bilas 036 motion, into the operations and practices of Elite Moving and Storage, Inc. and its chairman, John Small and its President, Chad Price, as individuals, respondents, Commission Courtroom, San Francisco, (also June 16-17, San Francisco) 6/15/98 1:30 pm (PHC)-Richard L. Steiner vs. Southern ALJ C96-08- California Gas Company, and Palm Weissman 028 Springs Mobilehome Properties, dba Comr Sahara Mobilehome Park, for Conlon overcharges and rate discrimination, Commission Courtroom, San Francisco 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 A98-03-0 32 A98-03- 033 A98-03- 034 6/17/98 11:00 am (EH)-Credit Bureau Northern California ALJ Malcolm C94-12- vs. U.S. Sprint Communications Comr Knight 042 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 6/22/98 10:00 (PHC)-The Utility Consumers Action ALJ Kenney a.m. Network vs. Pacific Bell, for unlawful Comr C98-04- and deceptive sales programs and Neeper 004 practices Commission Courtroom, San Francisco 6/25/98 1:30 pm (PHC)-Pacific Bell Communications, ALJ Walker A96-03- for a certificate of public Comr 007 convenience and necessity to provide Neeper InterLATA and IntraLATA telecommunications services, Commissioin Courtroom, San Francisco 6/29/98 9:00 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 for 1999 and the attrition 009 year 2000 in the Larkfield District, and ((EH)-Citizens Utilities Company of California, for a general rate increase of $1,400,275 o 9.0%$ 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 Frtancisco 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) 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 ALJ A95-10- (PHC)-Pacific Gas and Electric Econome 024 Company, for authorization to Comr implement a plan of reorganization Neeper which will result in a holding 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) 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. 5/11/98 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: On May 7, 1998, Les Guliasi, Manager, Regulatory Relations, Pacific Gas and Electric Company (PG&E), met with Robert Lane, advisor to Cmmr. Knight, in San Francisco. Also present were: Dede Hapner, Vice President, Jana Corey, Director, and Kristel Frank, Director, Regulatory Relations, PG&E; and Scott Steffen, Assistant General Counsel, and Chris Mayer, Assistant General Manager, for Modesto Irrigation District (MID). Guliasi stated that the modified service area agreement between PG&E and MID will allow any form of distribution competition ordered by the Commission to be introduced into the MID service territory as well as into PG&E's service territory, expanding distribution competition. Further, Guliasi stated that the modified service area agreement will give the Commission express termination rights over the service area agreement. Steffen added that an agreement to sell a business or significant portion of the business's assets is often accompanied by a non-compete clause, and that this arrangement is consistent with those business arrangements. Filer: Pacific Gas and Electric Company and Modesto Irrigation District Contact: Heidi Holzhauer Phone: (415) 972-5611 5/11/98 A98-01-008 Pacific Gas and Electric Company, for authority to sell Hunters Point, Potrero, Pittsburg, and Contra Costa Power Plants and Geysers geothermal power plant and related assets. Summary: On May 6, 1998, Steven Greenwald, attorney for Calpine Corporation (Calpine), met with Cmmr. Bilas in San Francisco. Also present were: Julie Halligan and John Scadding, advisors to Cmmr. Bilas; Joseph Ronan, Vice President, Governmental and Regulatory Affairs, and Richard Zahner, divestiture project manager, for Calpine; and Joseph Malkin, attorney, and Kristel Frank, Director, Regulatory Relations, for Pacific Gas and Electric Company (PG&E). Written materials (attached to the notice) were used. Malkin urged the Commission to support the settlement. Malkin stated that Calpine filed a lawsuit regarding the assignability of the steam price contract and the pricing provisions contained in that contract. Malkin stated further that PG&E filed a motion at the Commission asking to assert jurisdiction and resolve the matter. Malkin noted that since then, the parties have met and resolved their dispute, and described actions that have been taken. Greenwald stated that settlement resolves all the litigation and allows the auction process to move forward unencumbered. Greenwald pointed out that a key benefit of the settlement is that all bidders know the terms and conditions of the steam contract, and that Calpine remains a viable steam supplier under rational contract terms. Filer: Pacific Gas and Electric Company and Calpine Geysers Company, L.P. Contact: Heidi Holzhauer Phone: (415) 972-5611 5/11/98 A98-05-022 Pacific Gas and Electric Company, to report assessments of inventory balances and to address appraisal of retained generation assets. Summary: On May 6, 1998, Kristel Frank of Pacific Gas and Electric Company (PG&E), met with Cmmr. Bilas in San Francisco. Also present were: Julie Halligan and John Scadding, advisors to Cmmr. Bilas; Steve Greenwald, attorney, Joseph Ronan, Vice Preseident, Governmental and Regulatory Affrairs, and Richard Zahner, divestiture project manager, for Calpine; and Joseph Malkin, attorney for Pacific Gas and Electric Company (PG&E). Frank stated that no specific decisions have been made with respect to disposition of PG&E's remaining generation assets, other than the facilities will not be retained by the regulated distribution utility. Filer: Pacific Gas and Electric Company Contact: Heidi Holzhauer Phone: (415) 972-5611 Summary: On May 4, 1998, Jana Corey, Director, Pacific Gas and Electric Company (PG&E), had a telephone conversation with Julie Halligan, advisor to Cmmr. Bilas. Corey stated that the PG&E's filing made May 1, 1998, to establish principles necessary to appraise retained assets, informs the Commission that PG&E does not intend to retain any of its remaining non-nuclear generating plants within the distribution utility company and therefore does not propose appraisal principles at this time. Filer: Pacific Gas and Electric Company Contact: Heidi Holzhauer Phone: (415) 972-5611 5/14/98 A97-12-023 Southern California Gas Company, Southern California Edison Company, San Diego Gas & Electric Company, Pacific Bell, and GTE California, Inc., for application for rehearing of Resolution L-258A Summary: On May 11, 1998, Joseph DeUlloa, attorney for the Office of Ratepayer Advocates (ORA), delivered a letter (attached to the notice) to ALJ Gottstein in San Francisco. The letter withdraws ORA's protest based on Southern California Edison Company's unconditional withdrawal of an incentive award and ORA's further analysis. Further, the letter addresses how the concerns raised in ORA's protest were resolved. Filer: Office of Ratepayer E-Mail: mnt@cpuc.ca.gov Advocates Contact: Susie Toy Phone: (415) 703-1858 Summary: On May 12, 1998, Meri Levy, staff person for the Office of Ratepayer Advocates (ORA), met with ALJ Gottstein in San Francisco. Also present was Joseph DeUlloa, attorney for ORA. Levy referred to a letter addressed to ALJ Gottstein on May 11, 1998 and explained that under the schedule of termination payments Southern California Edison Company had negotiated, headroom would increase during the rate freeze period and rates would possibly increase subsequent to the termination of the rate freeze. Filer: Office of Ratepayer E-Mail: mnt@cpuc.ca.gov Advocates Contact: Susie Toy Phone: (415) 703-1858 5/15/98 C97-08-004 Commission Instituting Investigation and Suspension of the Commission's own motion of tariff filed by Advice Letter No. 287 and 287- A of San Jose Water Company in Santa Clara County. Summary: On May 12, 1998, Thomas MacBride, Jr., counsel for Garcia Development Company (GDC), met with Cmmr. Duque in San Francisco. Also present was: Timothy Sullivan, advisor to Cmmr. Duque. MacBride stated that the proposed decision (PD) improperly shifted the burden of proof from San Jose Water Company (SJWC) to GDC. MacBride argued that since the PD found that SJWC's rate exhibit was deficient, SJWC's proposed rate should not be approved. MacBride stated that it was inappropriate to adopt the rate proposed by SJWC based on speculation that potable water customers might switch to raw water service if the rate proposed by GDC were adopted. MacBride noted that the cost to an existing potable water customer converting to raw water would be high because of the expense of installing a new "purple pipe" distribution system. MacBride explained that were the PD adopted the shareholders of SJWC would enjoy a windfall because the revenues from GDC to SJWC would so greatly exceed the variable cost to SJWC of providing new raw water service to GDC. Filer: Garcia Development Contact: Cindy Addad Phone: (415) 392-7900 5/15/98 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: LATE FILED. On May 11, 1998, Doug Hescox, the California Code Administrator, had a telephone conversation with Fassil Fenikile, advisor to Cmmr. Neeper. Hescox described responses from the public meetings related to the split/overlay plan, overlay and the proposed 3-way split plans. Hescox also provided potential dates under which an overlay area code might be implemented in the 619 NPA. Filer: PacBell Contact: Lila Tam Phone: (415) 543-3766 Summary: On May 13, 1998, Doug Garrett, Senior Director for Government Affairs for ICG Telecom Group, Inc. participated in a multi-party meeting with Cmmr. Knight in San Francisco. Also present were: Cmmr. Conlon; Jose Jimenez, advisor to Cmmr. Conlon; Lesla Lehtonen, Assitant General Counsel, and Alan Gardner, Vice President, Regulatory and Legal Affairs for the California Cable Television Association; Nelsonya Caubsy and Lori Ortenstone, for Pacific Bell; Nick Selby, for the California Rights-of-Way Coalition (F Coalition); Susan Rossi, GTE; Thomas Braun and Bruce Foster, Southern California Edison Company; Carl Lower and Keith Melville, San Diego Gas & Electric Company; Mark Schreiber, Roseville Telephone Company; Theresa Cabral and John Gutierrez, MediaOne; Randy Deutsch and Rhett Currier, AT&T; Lou Vincent, Pacific Gas and Electric Company; Kikayla Nail, MCI Telecommunications; Heidi Sieck, NEXTLINK California; and others. Selby stated that the Commission should not cause telecommunications carriers to pay a higher rate for identical pole and conduit attachments than cable operators under the Public Utilities Code (the Code) section 767.5. Selby argued that the Commission should not rule, when it did not need to rule, that it had no jurisdiction over building owners and managers who act as telephone corporations; and over the practices of local governments in restricting access to their rights-of-way and support structures. Selby pointed to section 10107 of the Code in support of the Commission's jurisdiction. Selby also referred to telecommunications carriers' statewide right-of-way under section 7901. Selby urged the Commission not to adopt reclamation as the default position if incumbent utilities need to place additional facilities on support structures, but instead to view expansion of existing facilities as the default position, in order to avoid disruption of service to existing competitive local carrier customers. Selby urged the Commission to set up a separate phase of this proceeding to address any safety issues. Filer: ICG Telecom Group, Inc. Contact: Nancy Post Phone: (650) 323-0990 5/15/98 R93-04- Commission Order Instituting Rulemaking 003 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- Commission Order Instituting 002 Investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks. R95-04- Rulemaking on the Commission's own 043 motion into competition for local exchange service, and I95-04- Investigation on the Commission's own 044 motion into competition for local exchange service. Summary: LATE FILED. On May 5, 1998, George Adams, President, Adams Steel, wrote a letter to Cmmr. Bilas. On May 6, 1998, Raquel Medina, Executive Director, Mission Economic Development Association, and Frank Nardo, President, Joslyn House Committee, wrote two separate letters to Cmmr. Bilas. Copies of the letters were also sent to Cmmrs. Conon, Knight, Neeper, and Duque, and to Executive Director Franklin. On May 11, 1998, Gladys Lee, Director, Pacific Clinics, Marvin Selter, Chairman of the Board, National Staff Network, and Christy Gronseth, Chairman, Redondo Beach Chamber of Commerce, wrote three separate letters to Cmmr. Bilas. Copies of the letters were also sent to Cmmrs. Conon, Knight, Neeper, and Duque, and to Executive Director Franklin. On May 12, 1998, Samuel Kephart, Executive Producer, Idyllwild Communications LLC, Cheryl Williams-Khoury, Vice President, Burbank Chamber of Commerce, and Phil Barnecut, Executive Director, Pico Rivera Chamber of Commerce, wrote three separate letters to Cmmr. Bilas. Copies of the letters were also sent to Cmmrs. Conon, Knight, Neeper, and Duque, and to Executive Director Franklin. On May 13, 1998, Joan Whitenack, Executive Director, Foothill Unity Center, Kimberly Wyard, Executive Director, Northeast Valley Health Corporation, wrote two separate letters to Cmmr. Bilas. Copies of the letters were also sent to Cmmrs. Conon, Knight, Neeper, and Duque, and to Executive Director Franklin. On the same date, May 13, 1998, Stan Oftelie, President and CEO, and Julle Puentes, Executive Vice President, Orange County Business Council, wrote a letter to Cmmr. Bilas. The foregoing letters (attached to the notice) expressed support for PacBell's entry in the long distance market. Filer: PacBell Contact: Lila Tam Phone: (415) 542-9268 Summary: On May 12, 1998, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), met with Ann Watson, advisor to Cmmr. Knight, in San Francisco. Also present were: Bob Lane, advisor to Cmmr. Knight; and Charlotte TerKeurst, vice-president, Competitive Strategy Group, for TURN. Written materials (attached to the notice) were used. TerKeurst stated that her analysis led to the following results: competitive local carriers (CLCs) using some of all of their own facilities have only 0.70% of total access lines and 0.02% of residential lines; CLCs using resale have only 1.5% of the access lines, but most of these lines are served by CLCs that have ceased marketing resale service; utilitazation of unbundled network elements is almost non-existent; competitive local exchange carriers (CLECs) usitng some or all of their own facilties would have only 4.9% of the access lines by 2000 if they achieve and sustain a 100% annual growth rate; and that the public interest standard in section 271(d)(3)c and the Track A requirements in section 271c(1)(A) have not been met. Filer: Utility Reform Network Contact: Daniel Cox Phone: (415) 929-8876-X307 Summary: On May 12, 1998, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), met with Cmmr. Neeper in San Francisco. Also present were: Fassil Fenikile, advisor to Cmmr. Neeper; and Charlotte TerKeurst, vice-president, Competitive Strategy Group, for TURN. Written materials (attached to the notice) were used. TerKeurst stated that her analysis led to the following results: competitive local carriers (CLCs) using some of all of their own facilities have only 0.70% of total access lines and 0.02% of residential lines; CLCs using resale have only 1.5% of the access lines, but most of these lines are served by CLCs that have ceased marketing resale service; utilitazation of unbundled network elements is almost non- existent; competitive local exchange carriers (CLECs) using some or all of their own facilities would have only 4.9% of the access lines by 2000 if they achieve and sustain a 100% annual growth rate; and that the public interest standard in section 271(d)(3)c and the Track A requirements in section 271c(1)(A) have not been met. Filer: Utility Reform Network Contact: Daniel Cox Phone: (415) 929-8876-X307 Summary: On May 12, 1998, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), met with Jose Jimenez, advisor to Cmmr. Conlon, in San Francisco. Written materials (attached to the notice) were used. On May 14, 1998, Long sent to Jose Jimenez an excerpt (attached to the notice) from affidavit of TernKeurst. During the May 12, 1998 meeting also present was Charlotte TerKeurst, vice-president, Competitive Strategy Group, for TURN. TerKeurst stated that her analysis led to the following results: competitive local carriers (CLCs) using some of all of their own facilities have only 0.70% of total access lines and 0.02% of residential lines; CLCs using resale have only 1.5% of the access lines, but most of these lines are served by CLCs that have ceased marketing resale service; utilitazation of unbundled network elements is almost non-existent; competitive local exchange carriers (CLECs) usitng some or all of their own facilties would have only 4.9% of the access lines by 2000 if they achieve and sustain a 100% annual growth rate; and that the public interest standard in section 271(d)(3)c and the Track A requirements in section 271c(1)(A) have not been met. The excerpt from TerKeurst's affidavit, sent on May 14, 1998 to Jose Jimenez, showed that, on a minutes of use basis, CLCs perform only 1.27% of traffic originations and terminations in Pacific Bell's service territory. Filer: Utility Reform Network Contact: Daniel Cox Phone: (415) 929-8876-X307 Summary: On May 12, 1998, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), met with Cmmr. Bilas in San Francisco. Also present were: Lester Wong, advisor to Cmmr. Bilas; and Charlotte TerKeurst, vice-president, Competitive Strategy Group, for TURN. Written materials (attached to the notice) were used. TerKeurst stated that her analysis led to the following results: competitive local carriers (CLCs) using some of all of their own facilities have only 0.70% of total access lines and 0.02% of residential lines; CLCs using resale have only 1.5% of the access lines, but most of these lines are served by CLCs that have ceased marketing resale service; utilitazation of unbundled network elements is almost non- existent; competitive local exchange carriers (CLECs) usitng some or all of their own facilties would have only 4.9% of the access lines by 2000 if they achieve and sustain a 100% annual growth rate; and that the public interest standard in section 271(d)(3)c and the Track A requirements in section 271c(1)(A) have not been met. Filer: Utility Reform Network Contact: Daniel Cox Phone: (415) 929-8876-X307 Summary: On May 12, 1998, Thomas Long, Senior Telecommunications Attorney for The Utility Reform Network (TURN), met with Cmmr. Duque in San Francisco. Also present were: Tim Sullivan, advisor to Cmmr. Duque; and Charlotte TerKeurst, vice-president, Competitive Strategy Group, for TURN. Written materials (attached to the notice) were used. TerKeurst stated that her analysis led to the following results: competitive local carriers (CLCs) using some of all of their own facilities have only 0.70% of total access lines and 0.02% of residential lines; CLCs using resale have only 1.5% of the access lines, but most of these lines are served by CLCs that have ceased marketing resale service; utilitazation of unbundled network elements is almost non- existent; competitive local exchange carriers (CLECs) usitng some or all of their own facilties would have only 4.9% of the access lines by 2000 if they achieve and sustain a 100% annual growth rate; and that the public interest standard in section 271(d)(3)c and the Track A requirements in section 271c(1)(A) have not been met. Filer: Utility Reform Network Contact: Daniel Cox Phone: (415) 929-8876-X307 5/14/98 A97-12-023 Southern California Gas Company, Southern California Edison Company, San Diego Gas & Electric Company, Pacific Bell, and GTE California, Inc., for application for rehearing of Resolution L-258A Summary: On May 11, 1998, Joseph DeUlloa, attorney for the Office of Ratepayer Advocates (ORA), delivered a letter (attached to the notice) to ALJ Gottstein in San Francisco. The letter withdraws ORA's protest based on Southern California Edison Company's unconditional withdrawal of an incentive award and ORA's further analysis. Further, the letter addresses how the concerns raised in ORA's protest were resolved. Filer: Office of Ratepayer E-Mail: mnt@cpuc.ca.gov Advocates Contact: Susie Toy Phone: (415) 703-1858 Summary: On May 12, 1998, Meri Levy, staff person for the Office of Ratepayer Advocates (ORA), met with ALJ Gottstein in San Francisco. Also present was Joseph DeUlloa, attorney for ORA. Levy referred to a letter addressed to ALJ Gottstein on May 11, 1998 and explained that under the schedule of termination payments Southern California Edison Company had negotiated, headroom would increase during the rate freeze period and rates would possibly increase subsequent to the termination of the rate freeze. Filer: Office of Ratepayer E-Mail: mnt@cpuc.ca.gov Advocates Contact: Susie Toy Phone: (415) 703-1858 5/15/98 I92-03- Commission Order Instituting 052 Investigation to determine methodology the commission should use to flow through tax savings to ratepayers available to possible overassessment of property owned by regulated utilities by the state board of equalization. Summary: On May 12, 1998, William Blase, Vice President- Regulatory for Pacific Bell (PacBell), met with Cmmr. Bilas in San Francisco. Also present were: Lester Wong, advisor to Cmmr. Bilas; and Jim Young, Assistant General Counsel, and Thomas Ballo, Senior Counsel, for PacBell. Written material (attached to the notice) was used. Blase urged the Commission to grant PacBell's application for rehearing of the interim opinion. Young stated that changes in property taxes which resulted from a settlement between PacBell and the State Board of Equalization (SBE) do not qualify as a Z-factor under PacBell's regulatory framework. Young asked the Commission to adopt the proposed decision which correctly determined that property tax changes were not caused by an exogenous event. Ballo explained that any property tax cost changes that occurred were the result of the settlement agreement between the utilities, the Counties and the SBE and that the settlement agreement was not an exogenous event. Ballo pointed out that the interim opinion improperly relied exclusively on a hearsay memo and, in addition, it misconstrued the plain reading of the memo. Filer: Pacific Bell Contact: Lila Tam Phone: (415) 542-3350 5/18/98 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: On May 13, 1998, Stanley Hulett, a representative of Southwest Gas Corporation (Southwest), initiated two separate meetings: with Cmmr. Knight and with David Gamson, advisor to Cmmr. Neeper, in San Francisco. During the first meeting, with Cmmr. Knight, Hulett referred to the all-party settlement Southwest entered into with the Office of Ratepayer Advocates and asked to support the alternate decision being prepared by Cmmr. Neeper. During the second meeting, with David Gamson, Hulett discussed a need for additional information to prepare the alternate decision adopting the all-party settlement. Filer: Southwest Gas Corp Contact: Keith Brown Phone: (702) 876-7157 5/18/98 A96-12-009 Pacific Gas and Electric Company, to identify and separate components of electric rates effective January 1, 1998, A96-12-011 San Diego Gas and Electric Company, for authority to unbundle rates and products, and A96-12-019 Southern California Edison Company, proposing the functional separation of cost components for energy, transmission and ancillary services, distribution, public benefit programs and nuclear decommissioning, to be effective 1/1/98 in conformance with D95-12-036 as modified by D96-01-009, the 6/21/96 ruling of assigned Commissioner Duque, D96-10-074, and AB 1890. Summary: LATE FILED. On May 7, 1998, Jeff Dasovich, Director of Government Affairs for Enron Corp. (Enron), met with Cmmr. Conlon in San Francisco. Also present was Rick Shapior, Vice President of Government Affairs - Retail Group, for Enron. The Enron representatives indicated support for the Commission's decision in D97-08-056 as it relates to the methodology for calculating the competitive transition cost share for direct access customers. Enron's representatives stated that they would be communicating that support to members of the legislature. Filer: Enron Corp. Contact: Betsie Diamond Phone: (415) 392-7900 5/18/98 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 May 13, 1998, Alan Gardner, Vice President, Regulatory and Legal Affairs for the California Cable Television Association (CCTA), participated in a multi-party meeting with Cmmr. Knight in San Francisco. Also present were: Jose Jimenez, advisor to Cmmr. Conlon; Lesla Lehtonen, Assitant General Counsel for CCTA; Nelsonya Caubsy and Lori Ortenstone, for Pacific Bell; Doug Garrett, ICG Communications; Nick Selby, ICG; Susan Rossi, GTE; Thomas Braun, Bruce Foster, John Hughes, and Florence Pinigis, Southern California Edison Company; Carl Lower and Keith Melville, San Diego Gas & Electric Company; Claudine Schwartz and Steven Patrick, Southern California Gas Company; Mark Schreiber, Roseville and Smaller ILECs; Greg Gierczak, Roseville Telephone Company; Theresa Cabral and John Gutierrez, MediaOne; Randy Deutsch and Rhett Currier, AT&T; Jill Miller-Robinett and Lou Vincent, Pacific Gas and Electric Company; Andy Jacobson, BOMA of California; Joe Guzman, California Water Association; Kikayla Nail, MCI Telecommunications; Heidi Sieck, NEXTLINK California; Alex Kositsky, Pacific Bell; Nathaniel Reed, Time Warner AxS; Julia Friedlander, City of San Francisco; Phuong Pham, Teligent, Inc.; and Debbie Waldbaum, TCG. Gardner stated that Public Utilities Code section 767.5 establishes cable television corporations' rights to attach to public utilities facilities and provides a minimum payment and a formula for determining any amount above the minimum. Gardner stated that the Commission took jurisdiction to the services provided by cable television corporations in 1978. Gardner explained that the statute is both a benefit and a burden, and noted that in a recent negotiation that actual estimated rate would have been below $2 per attachment, but the statutory minimum set a floor of $2.50 for cable corporations, which would have allowed other parties to enjoy an attachment rate below cable's using an appropriate cost methodology. Gardner finally stated that the embedded cost methodology is not static, since it is updated each year to include all new investment and both used and unused space on the pole. Filer: California Cable Television Association Contact: Frank Monti Phone: (510) 428-2225