Daily Calendar California Public Utilities Commission Tuesday, January 12, 1999 Page 34 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 Tuesday, January 12, 1999 ú Regular Commission Meetings ú Notices ú Subscription Information (Daily Calendar and Agenda) ú Commissioner Office Hours ú Public Meetings and Workshops ú Notice of Draft Resolutions (PU Code 311(g)) ú New Filings ú Petitions for Modification of Applications for Rehearing ú Draft Decisions/Proposed Decisions/Alternates/Presiding Officer's Decisions/Arbitrator's Reports/ ú Advice Letter Filings ú Miscellaneous Transportation Items ú Miscellaneous Telecommunication Matters ú Adjournments/Resettings/Submissions ú Removals from Calendar ú New Settings ú Law and Motion Hearings ú Hearings ú Notice of Denial of Request for Ex Parte Meeting ú Notice of All-Party Meetings (PU Code 1701.3(c) ) ú Notice of Ex Parte Communications ALJ Resolution ALJ 176-3007 regarding ratification of preliminary determinations of category and notice of assignment is included in this calendar. REGULAR COMMISSION BUSINESS MEETINGS January 20, 10 am San Francisco 1999 February 4, 10 am San Francisco 1999 February 18, 10 am San Francisco 1999 REGULAR COMMISSION ADMINISTRATIVE MEETINGS Due to the fact there are now only 3 sitting Commissioners, the Commission has scheduled additional Commission Administrative Meetings to facilitate communications among Commissioners. Regularly scheduled Administrative Meetings will occur at 4 p.m. in the Commission Auditorium at 505 Van Ness Avenue, San Francisco, California, each Tuesday commencing January 19, 1999, and recurring until the appointment of at least one new Commissioner. The agenda for each such meeting will include the following: 1. Assignment of proceedings to Commissioners 2. Case management and scheduling, including such matters as co- ordination of proceedings, application of SB 960 and SB 779 rules 3. Commissioner, Executive Director, General Counsel and Director reports 4. Recent developments on pending legislation At these meetings the Commissioners will not deliberate on the merits of pending proceedings nor vote on any matters. Administrative Meeting dates are reserved as noted but will be held only if there are any administrative matters to be considered. For further information contact the Public Advisor (415) 703-2074 E-mail: public.advisor@cpuc.ca.gov January 19, 4 pm San Francisco 1999 January 26, 4 pm San Francisco 1999 February 2, 4 pm San Francisco 1999 February 9, 4 pm San Francisco 1999 February 16, 4 pm San Francisco 1999 February 23, 4 pm San Francisco 1999 March 2, 1999 4 pm San Francisco March 9, 1999 4 pm San Francisco March 16, 1999 4 pm San Francisco March 23, 1999 4 pm San Francisco March 30, 4 pm San Francisco 1999 COMMISSION RATESETTING DELIBERATIVE MEETINGS (Not Open to the Public) Ratesetting Deliberative Meeting dates are reserved as noted but will only be held if there are ratesetting matters to be considered. January 19, 1:30 pm San Francisco 1999 February 1, 1:30 pm San Francisco 1999 February 16, 1:30 pm San Francisco 1999 NOTICES Delivery of Formal Pleadings for Filing Unless otherwise directed, all courier-delivered documents submitted for filing as part of the formal record in a proceeding should be hand-carried directly to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue in San Francisco; Room 5109, 107 South Broadway in Los Angeles; or Room 4006, 1350 Front Street in San Diego. All documents sent through the mail for formal filing should be addressed ONLY to the Commission's Docket Office, Room 2001, 505 Van Ness Avenue, San Francisco, CA 94102. Charge for Commission Documents To purchase Commission documents, there is a charge of 20 cents a printed page (postage prepaid) with a minimum purchase of $2.00. SUBSCRIPTION INFORMATION Subscription Notice for Draft Agenda Items In compliance with Public Utilities Code Section 311.5, parties who wish to subscribe to receive draft agenda items may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one-year subscription to the entire public agenda package (which excludes Executive Session materials) is $1,000. You may also order a partial agenda package (energy agenda items only or telecommunication agenda items only) at the cost of $500 per year. The package you receive via mail will include only those agenda items available at the time of the agenda distribution date, which is usually 10 to 12 days prior to the Commission meeting. If agenda items (including revisions) are not ready on the distribution date, they will be made available at no charge in the lobby outside the Commission Auditorium at 9:00 a.m. on the morning of the Commission meeting, but not earlier. In addition, the Commission will make draft agenda items available for viewing and photocopying (at 20 cents per page) at the Commission's Central Files Office (Room 2002), 505 Van Ness Avenue, San Francisco, and in the Los Angeles, San Diego, and the following field offices: El Centro, Eureka, Sacramento and San Bernardino. Since the agenda package will be mailed to these locations, it will be available at these locations a day or two after the distribution date. These locations will not receive agenda items that are not ready on the distribution date. If an agenda item is held over to a subsequent Commission meeting, that agenda item and any revisions to that agenda item that were available on the morning of the initial Commission meeting (as well as any further available revisions) will be mailed in the Escutia package for the subsequent Commission meeting; the item and its revisions will also be available for viewing and photocopying in the Commission's Central Files Office and field offices as set forth above. Intervenors who have a financial hardship determination pending or granted shall be eligible to receive draft agenda item packets at no charge. The cost to receive the agenda only, without copies of draft agenda items, remains at $75 per year. Subscription Notice for Daily Calendar and/or Agenda Parties who wish to subscribe to the Daily Calendar and/or the Agenda may do so by writing to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The subscription cost for the Daily Calendar is $225 per year. The Biweekly Daily Calendar is $50 per year. The Agenda is $75 per year. Checks are to be made payable to the Public Utilities Commission. COMMISSIONER OFFICE HOURS (For further information or to make an appointment, please contact Sandra Graham at (213) 897-3544). Date/Time Commissioner Location NONE PUBLIC MEETINGS & WORKSHOPS Workshop Notice January 12, 1999 California Public Utilities 9 am - 4 pm Commission 505 Van Ness Avenue, training room (Corner of Van Ness Avenue and McAllister Street) San Francisco NXX CODE LOTTERY WORKSHOP The Telecommunications Division of the California Public Utilities Commission will be holding a second technical workshop on fine-tuning the NXX Code Lottery held each month at the CPUC. Decision 98-08-037 found there is a need for a fresh review of lottery procedures. In this second workshop, the lottery process will be reviewed to determine if there are ways to make the distribution of NXX codes among carriers more equitable, and more conducive to the development of competition. Specifically, the topic of increasing the percentage of initial codes assigned from the lottery from the current 60% to a higher amount will be explored. Participants should come prepared to address potential reform measures for the lottery, identify potential shortcomings and suggest ways to revise the lottery process to promote a more competitive market including potential revisions in the allocation between initial and growth codes. If you plan to attend the January 12, 1999 workshop please RSVP by January 8, 1999 to Mary Jo Borak, at 415/703-1879, Email: BOR@CPUC.CA.GOV or Risa Hernandez at 415/703-5331, Email: RHH@CPUC.CA.GOV If specialized accommodations for the disabled are needed, call the Public Advisor at (415) 703-2032 five working days in advance of the event. Public Meeting January 12, 1999 One Crow Canyon Court 10 am - 2 pm Building 7 - Conference Room San Ramon The Payphone Service Providers Enforcement Committee will conduct a monthly meeting. For more information, please contact Adam Thaler at (415) 703-1157. Public Meeting California Board for Energy Efficiency January 12, 1999 Sempra Energy (Formerly SDG&E 1 pm - 5 pm Electric Building) 101 Ash Street Teleconference San Diego Information: To obtain the access code, please This meeting is contact Elizabeth Gunn, Board accessible by Coordinator, at (415) 703-1956 teleconference. To call in dial: 1-888-550-5969. After the prompt, enter the access code followed by the pound sign. The California Board for Energy Efficiency (CBEE) will meet to discuss the following topics: Proposed Decision on Administrative Structures; Early 1999 Activities and Programs; Program Planning for 1999 and Utilities' November 16/17 Advice Letter Filings; Market Assessment and Evaluation (MA&E) Planning Process; Reporting Requirements; Board Functioning; Updates and Status Reports; Support Services; and Scheduling and Agenda Planning for Future Meetings. The meeting is open to the public. The contact person is Mark Thayer (619) 594-5510. For further information about the CBEE and this meeting consult the CBEE Web Page at www.cbee.org. Public Meeting California Board for Energy Efficiency January 13, 1999 Sempra Energy (Formerly SDG&E 9:30 am - 4 pm Electric Building) 101 Ash Street Teleconference San Diego Information: To obtain the access code, please This meeting is contact Elizabeth Gunn, Board accessible by Coordinator, at (415) 703-1956 teleconference. To call in dial: 1-888-550-5969. After the prompt, enter the access code followed by the pound sign. The California Board for Energy Efficiency (CBEE) will meet to discuss the following topics: Proposed Decision on Administrative Structures; Early 1999 Activities and Programs; Program Planning for 1999 and Utilities' November 16/17 Advice Letter Filings; Market Assessment and Evaluation (MA&E) Planning Process; Reporting Requirements; Board Functioning; Updates and Status Reports; Support Services; and Scheduling and Agenda Planning for Future Meetings. The meeting is open to the public. The contact person is Mark Thayer (619) 594-5510. For further information about the CBEE and this meeting consult the CBEE Web Page at www.cbee.org. Public Meeting January 14, 1999 Deaf and Disabled 9:30 am - 3:30 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The EQUIPMENT PROGRAM ADVISORY COMMITTEE (EPAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting January 15, 1999 California Public Utilities 1:30 pm -4:00 pm Commission 505 Van Ness Avenue, Room 3204 (Corner of Van Ness Avenue and McAllister Street) San Francisco The Universal Lifeline Telephone Service (ULTS) Administrative Committee will hold its regularly scheduled monthly meeting to address the following: Review/Approve Meeting Minutes, Review/Approve Telephone Claims, Review Approve ULTS/ULTSMB Administrative Expenses and Authorize Administrative Transfer, PUC Report and Action Items, Election of ULTS Chair and Vice- Chair, and Hear Public Comments. This meeting is open to the public. The Board reserves the right to limit the time allocated to public comments and each speaker. If you would like to join the meeting by phone conference and/or receive a meeting packet please notify the ULTS Trust Officer at (510) 452-2757. Public Meeting - LIGB Meeting Notice January 19, 1999 Hilton Universal City and 10 am - 4 pm (PST) Towers 555 Universal Terrace Parkway and Universal City January 20, 1999 Note: Southern California 10 am - 4 pm (PST) location of meeting. Conference Call Note: If you experience Information problems trying to access this January 19, 1999 conference call please contact Dial (415) 356-1430 Confertech at 1-800-314-3558 Passcode = 2408347# and have them verify the Dial- in # and Passcode scheduled January 20, 1999 under Master Reservation Dial (415) 356-0687 #10383502 for CH2M HILL (Sharon Passcode = 2408347# Weinberg is the designated Chairperson) The Board will meet to discuss the following topics: report from the Chair; subcommittee reports; financial status report; discussion of ACR (Draft or Final) Ruling; discuss/decide future direction and status for the Board and LIGB Advisory Committee (AC) including disbanding formal AC role; revision of the LIGB budget for 1999; discussion of Legal opinion on conflict of interest and what action is needed; discussion paper on needs assessment per Commission's directions; discuss LIEE & CARE performance incentives; submit work paper; discuss pilot projects per Commission's orders; critique and discuss Commission Decision on the four technical advice letter filings; discuss and prepare budgets for consultants; set future meeting dates; set content of future meetings; revision of milestones schedule; process for taking action between Board meetings; and review and approval of meeting minutes. An agenda for the meeting is being developed and can be obtained from the LIGB's website at www.ligb.org. The meeting is open to the public. For more information contact Sharon Weinberg at (510) 251-2888, extension 2025. Public Meeting January 20, 1999 California Public Utilities Lottery begins at 1:30 Commission pm 505 Van Ness Avenue, training room (Corner of Van Ness Avenue and McAllister Street) San Francisco LOTTERY FOR TELEPHONE NUMBER PREFIX ASSIGNMENTS IN THE 209/559, 213/323, 310, 408/831, 415, 510, 619, 650, 714, 805, 818, AND 909 NUMBERING PLAN AREAS The Telecommunications Division of the California Public Utilities Commission will be conducting a lottery to determine allocations of central office codes (NXXs) in the 209/559, 213/323, 310, 408/831, 415, 510, 619, 650, 714, 805, 818, and 909 area codes pursuant to the provisions of D.96-09-087. Applications should be submitted to the California Code Administrator prior to the close of business on January 12, 1999. All companies applying for central office codes must have a Jeopardy COCUS (Central Office Code Utilization Survey) on file with the California Code Administrator. For information on the Jeopardy COCUS filing, call (925) 363-8736. For information on the lottery process, call (415) 703- 1879. If specialized accommodations for the disabled are needed, call the Public Advisor at (415) 703-2032 five working days in advance of the event. Companies who wish to have a sealed envelope prepared for them on an ongoing basis containing their confidential letter designations for each NPA lottery drawing, should submit such a request in writing prior to the close of business on January 12, 1999 to: Mary Jo Borak, Telecommunications Division, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102. Public Meeting January 21, 1999 Public Utilities Commission 9:30 am 505 Van Ness Avenue Room 2204, Second Floor San Francisco The Administrative Subcommittee of the Electric Education Trust (EE T) Committee will be meeting on January 21, 1999 at 9:30 a.m. . The purpose of this meeting is to decide whether State agencies are available to assist the EET Committee with research and CBO grant administration through an Interagency Agreement (IA) and if not, the funding, procurement, hiring, and staffing mechanisms to procure these two services. The contact person is William Schulte at (415) 703-2349. Public Meeting CANCELLED AS OF 12/16/98 January 22, 1999 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The CALIFORNIA RELAY SERVICE ADVISORY COMMITTEE (CRSAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting January 25, 1999 DDTP 1999 JOINT MEETING 10 am - 4 pm Oakland Airport Hilton 1 Hegengerger Road Oakland NOTE: Contact Elana Kalisher before 15 (Room located on ground floor) January if you wish to attend the luncheon (12 pm - 1 pm) The ANNUAL DDTP JOINT MEETING (DDTPAC, CRSAC and EPAC) of the Deaf and Disabled Telecommunications Program will hold a meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting TIME CHANGED January 26, 1999 Deaf and Disabled 9 am - 3 pm Telecommunications Program Oakland Airport Hilton 1 Hegenberger Road, Pacific Room (Ground Floor) Oakland The CALIFORNIA RELAY SERVICE ADVISORY COMMITTEE (CRSAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting January 27, 1999 California Public Utilities 9:30 am -3:30 pm Commission 505 Van Ness Avenue, Room 3204 (Corner of Van Ness Avenue and McAllister Street) San Francisco The ULTS Marketing Board (ULTSMB) will hold its regular meeting to discuss the following: Review/Approve Meeting Minutes, Review/Approve Administrative Report and Action Items, Review ULTSMB Correspondences, PUC Report and Action Items, Review/Approve Errors and Omissions Insurance, Board Membership Discussion, Review Marketing Program Timeline, Update on the RFP Selection Committee, Discussion of Bidder's Conference Committee, Review Previous Studies and Data, Announcements, Set Future Agenda Items for Discussion and Hear Public Comments. Executive Session: Because the RFP has not been approved for release to the general public by the Commission, the ULTSMB will meet in Executive Session to discuss the Interim Marketing Program RFP Contract. This meeting is open to the public. The Board reserves the right to limit the time allocated to public comments and each speaker. If you would like to join the meeting by phone conference or in person, and/or receive a full meeting packet, please notify the ULTS Trust Office at (510) 452-2757. Public Meeting January 28, 1999 California Public Utilities 9 am - 5 pm Commission Room 2204 Outreach Subcommittee 505 Van Ness Avenue (at McAllister Electric Education Trust Street) San Francisco The Outreach Subcommittee of the Electric Education Trust (EET) meets with staff of the Consumer Services Division to discuss and approve for recommendation to the Administrative Committee (1) final logistics for outreach meetings to receive input into EET grant-program design, (2) schedules and expectations for staff and committee-member participation at outreach meetings, (3) report formats for outreach meetings, (4) content and logistics of preliminary mailing to community-based organizations, and (5) other matters related to the outreach meetings. Other members of the EET Administrative Committee may attend this subcommittee meeting. The contact person is Geoffrey Meloche at (916) 327- 3282. Public Meeting February 2, 1999 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The ADMINISTRATIVE COMMITTEE (DDTPAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting February 11, 1999 Deaf and Disabled 9:30 am - 3:30 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The EQUIPMENT PROGRAM ADVISORY COMMITTEE (EPAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting February 22, 1999 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The IFB SUB-COMMITTEE and the SPEECH-TO-SPEECH SUB-COMMITTEE of the Deaf and Disabled Telecommunications Program will hold a meeting. For more information about the meeting, or if 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 - TIME CHANGED February 25, 1999 Deaf and Disabled 10 am - 3 pm Telecommunications Program 1939 Harrison Street, Suite 555 Oakland The 711-SUB-COMMITTEE of the Deaf and Disabled Telecommunications Program will hold a meeting to discuss relay access. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. Public Meeting February 26, 1999 Deaf and Disabled 10 am - 4 pm Telecommunications Program 1939 Harrison Street DDTP Conference Room, Suite 555 Oakland The CALIFORNIA RELAY SERVICE ADVISORY COMMITTEE (CRSAC) of the Deaf and Disabled Telecommunications Program will hold its regular monthly meeting. For more information about the meeting, or if you plan to attend the meeting and need sign language interpretation or real-time captioning, contact Elana Kalisher at (510) 874-1410 VOICE or (510) 874-1411 TTY. Environmental Reminder: Please refrain from wearing perfumes or scents to DDTP meetings, because people with environmental illness or multiple chemical sensitivity must reduce their exposure in order to attend. NOTICE OF DRAFT RESOLUTIONS (Pursuant to PU Code 311(g)) Draft Resolution Increasing Household Goods Carrier Maximum Rates Available. A draft resolution of the Rail Safety and Carriers Division that increases the household goods carrier maximum rates contained in Maximum Rate Tariff 4 will be on the January 20, 1999 Commission meeting agenda. It is now available for public review and comment. For details on how to obtain a copy of the draft and file comments on it, refer to the notice that was published on this matter in the December 21, 1998 Daily Calendar. It is available through the Daily Calendar Archives on the Commission's web site: http://www.cpuc.ca.gov/divisions/alj/alj_div_cal.htm NEW FILINGS NONE PETITIONS FOR MODIFICATION AND APPLICATIONS FOR REHEARING 12/30/98 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; Petition for modification of D97-08-056 by Pacific Gas and Electric Company . 1/6/99 C96-01-019 The City of Vernon vs. the Atchison, Topeka and Santa Fe Railway; for non- compliance with zoning; Application for rehearing of D98-12-021 by the City of Vernon 1/8/99 A97-03-015 Southern California Gas Company for approval of a long term gas transmission service contract with Distribuidora de Gas Natural de Mexicali, S. de R.L. de C.V.; Application for rehearing of D98-12- 024 by the City of Long Beach 1/8/99 C98-02-020 Irvine Apartment Communities, Inc., by and through its agent, CoxCom Inc., dba Cox Communications 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; Application for rehearing of D98-12-023 by Pacific Bell DRAFT DECISIONS * PROPOSED DECISIONS * ALTERNATES * PRESIDING OFFICER'S DECISION * ARBITRATOR'S REPORTS NONE ADVICE LETTER FILINGS NONE MISCELLANEOUS TRANSPORTATION ITEMS January 12, 1999 Filings with Rail Safety and Carriers Division 12//30/98 TCP 8866-A Squaw Creek Transportation., Address: P. O. Box 3333, Olympic Valley, California 96146, Telephone No: (530)581-6628, Terminal address: 400 Squaw Creek Road, Olympic Valley, California 96146, Application filed for new Class A authority MISCELLANEOUS TELECOMMUNICATION MATTERS January 12, 1999 INVITATION FOR BID PUBLIC BID OPENING January 20, 1999 California Public Utilities 10:00 A. M. Commission 505 Van Ness Avenue, Training Room San Francisco, CA 94102 AGENDA: Introduction Procedure Bid Opening - Invitation For Bid Number IFB-1000. Financial Institution For Trust Accounts for California High Cost Fund-B and California Teleconnect Fund Protest Period Closing Comments/Questions ADJOURNMENTS * RESETTINGS * SUBMISSIONS A98-03- Ryerson-PCSTC Inc., dba Pacific Coast 035 Sightseeing Tours, for certificate of public convenience and necessity to operate as passenger stage corporation for scheduled and on-call service over the most direct routes, Evidentiary Hearing held and no report given R97-10- Walwyn-Commission Order Instituting 016 Rulemaking on the Commission's own I.97-10- motion into monitoring performance of 017 operations support systems, Workshop held and no report given REMOVALS FROM CALENDAR NONE NEW SETTINGS 1/29/99 10:00 (PHC)-James D. Korn vs. Pacific Bell ALJ DeUlloa a.m. for acting as billing and/or Comr Neeper C.98-10- collection agent for other companies; 025 and for slamming practices, Commission Courtroom, San Francisco LAW AND MOTION Law and Motion Hearings are held before Administrative Law Judge Steven Kotz at 9:30 am in one of the Commission's San Francisco Office Hearing Rooms, unless otherwise noted. Law and Motion procedures are governed by Resolution ALJ 164. Copies of Resolution ALJ 164 are available from the Commission's Documents Desk (415) 703-1713 or from Central Files (415) 703-2045 1/12/99 9:30 NONE SCHEDULED a.m. 1/19/99 9:30 NONE SCHEDULED a.m. 1/26/99 9:30 NONE SCHEDULED a.m. FINAL ORAL ARGUMENT NONE HEARINGS Dates in parentheses following the word "also" are subject to change without notice. the assigned Commissioner's name is listed next to the proceedings as matter of record; the assigned Commissioner may not be present at the hearing. (PHC) = Prehearing Conference (FOA) = Final Oral Argument (EH) = Evidentiary Hearing (WS) = Workshop (PPH) = Public Participation (FPH) = Full Panel Hearing Hearing (IAM) = Initial Arbitration (AH) = Arbitration Hearing Meeting (M) = Mediation (CA) = Closing Argument 1/12/99 9:00 a.m. (PHC)-Pacific Gas and Electric ALJ Stalder A.98-04- Company for Commission order finding Comr Duque 003 that its electric operations during the reasonableness period from January 1, 1997 to December 31, 1997 as well as certain of its gas operations during the reasonableness periods from January 1, 1996 to December 31, 1996 and January 1, 1997 to December 31, 1997, were prudent; made to seek recovery of costs related to the ISO-PX Implementation Delay Memorandum Account, Commission Courtroom, San Francisco (also (EH) February 1-16) 1/12/99 10:00 (PHC)-The Utility Consumers' Action ALJ Bushey a.m. Network vs. Pacific Bell for unlawful Comr Neeper C.98-04- and deceptive sales program and 004 practices, (PHC)-The Greenlining Institute and C.98-06- Latino Issues Forum vs. Pacific Bell, 003 for deceptive sales practices, false and deceptive advertising, unfair competition and invasion of privacy, (PHC)-The Utility Consumers' Action C.98-06- Network vs. Pacific Bell for unlawful 027 marketing and education of the Caller ID and related services, (PHC)-Telecommunications C.98-06- International Union, California Local 049 103, International Federation of Professional and Technical Engineers, (PHC)-Investigation on the I.90-02- Commission's Own Motion into the 047 Establishment of a forum to consider rates, rules, practices and policies of Pacific Bell and GTE, California, Inc., Commission Courtroom, San Francisco (also (EH) January 21-22, January 25) 1/13/99 9:00 a.m. (CA)- Pacific Gas and Electric ALJ Minkin A.98-05- Company, to establish the eligibility Comr Bilas 004 and seek recovery of certain electric industry restructuring implementation costs as provided for in Public A.98-05- Utilities Code Section 376, 006 (CA)-San Diego Gas & Electric Company, for (1) a determination of eligibility for recovery under Public Utilities Code Section 376 of certain cost categories and activities, (2) a finding of reasonableness of the costs incurred through 12/31/97, (3) approval of an audit methodology for verifying the eligibility of A.98-05- Section 376 costs for recovery from 015 1998 through 2001, and (4) approval of a section 376 balancing account mechanism to recover eligible costs, (CA)-Southern California Edison Company, to address restructuring implementation costs pursuant to Public Utilities Code Section 376, in compliance with Ordering Paragraph 18 of D.97-11-074, Commission Courtroom, San Francisco 1/13/99 9:30 a.m. (EH)-Pacific Bell vs. MCI ALJ DeUlloa C.98-06- Telecommunications Corp., Inc., and Comr Knight 028 MCI Metro Access Transmission Services, Inc., for breach of the interconnection agreement, Commission Courtroom, San Francisco, (also January 14-15) 1/13/99 10:00 (PHC)-Greg Roberts vs. Pacific Bell ALJ Ryerson a.m. and Southwestern Bell Corporation for Comr Neeper C.98-09- not providing repair services, 020 Commission Courtroom, Los Angeles 1/13/99 1:00 p.m. (PHC)-Application of Southern ALJ Patrick A.98-05- California Edison Company to report Comr Conlon 014 on the valuation process for certain generation-related assets pursuant to A.98-05- D.97-11-074, 022 (PHC)-Application of Pacific Gas and Electric Company to report assessments of inventory balances and to address appraisal of retained generation assets, Commission Courtroom, San Francisco 1/14/99 10:00 (ECP)-Clara Dovga vs. Southern ALJ Ryerson a.m. California Edison Company for C.98-10- overbilling, City Hall, Rains Room, 040 10500 Civic Center Drive, Rancho Cucamonga Please get a parking permit from the receptionist 1/14/99 10:00 (PHC)-Commission Order Instituting ALJ Bushey a.m. Investigation into the operations, Comr Duque I.98-08- practices and conduct of the Coral 004 Communications, Inc. (Coral) and Michael Tinari, President of the Coral; William Gallo, Senior Vice President of Coral; Devon Porcella, Vice President of Sales and Operations of Coral; Neal Deleo, Vice President Finance and MIS of Coral to determine whether the corporation or its principals have operated within California without having a certificate to operate from the Commission and whether they have charged California Subscribers for telecommunications services the subscribers never authorized, Commission Courtroom, San Francisco 1/14/99 2:00 p.m. (PHC)-Application of Red and White ALJ McVicar A.98-11- Ferries, Inc., for a certificate of Comr Duque 011 Public Convenience and Necessity to establish and operate vessel common carrier service between San Francisco on the one hand, and the Alameda Gateway Area and the Port of Oakland, on the other hand, Commission Courtroom, San Francisco 1/15/99 10:00 (PHC)-Rick E. Thurber vs. Pacific Gas ALJ Vieth a.m. and Electric Company and Pacific Comr Duque C.98-09- Bell, for permitting foreign 036 attachments as signs, posters, banners, decorations, wires, etc. upon their facilities, Commission Courtroom, San Francisco 1/15/99 9:30 a.m. (PHC)-In the Matter of the ALJ Stalder A.95-08- Application of SAN JOSE WATER COMPANY Comr Conlon 038 (U-168-W), a corporation, for an order authorizing it to increase rates charged for water service, Commission Courtroom, San Francisco 1/15/99 2:00 p.m. (PHC)-San Diego Gas and Electric ALJ A.98-10- Company for a permit to construct the Weissman 011 Friars Substation, Comr Neeper State Office Building, 1350 Front St., B107, San Diego 1/18/99 10:00 (EH)-Rulemaking on the Commission's ALJ Walwyn a.m. Own Motion to Govern Open Access to Comr Bilas R.93-04- Bottleneck Services and Establish a Comr Duque 003 Framework for Network Architecture Development of Dominant Carrier Networks, I.93-04- (EH)-Investigation of the 002 Commission's Own Motion into Open Access and Network Architecture Development of Dominant Carrier Networks, Commission Courtroom, San Francisco (also January 19-22) 1/19/99 10:00 (EH)-Commission Order Instituting ALJ a.m. Rulemaking on the Commission's own Weissman R.98-01- motion to assess and revise the Comr Knight 011 regulatory structure governing California's natural gas industry, Commission Courtroom, San Francisco, (also January 20-22, January 25-29, (OA) 1:00 p.m., February 10, (EH) March 1-5) 1/20/99 9:00 a.m. (EH)-Wesley Crawford Muhammad and ALJ Stalder C.98-07- Shontelle Crawford Muhammad vs. Comr Neeper 031 Pacific Gas and Electric Company, requesting to refund overcharged amounts, increase discounts, and to restore Medical baseline and LIRA baseline, Tax Service Center, Franchise Tax Board, Large Training Room, 1800 30th Street, Bakersfield Please ask for Linda Turner 1/25/99 10:00 (EH)-Pacific Gas and Electric Company ALJ Barnett a.m. for authorization to sell the El Comr Conlon A.98-04- Dorado Hydroelectric Project to El 016 Dorado Irrigation District, Commission Courtroom, San Francisco (also January 26-29) 1/26/99 9:30 a.m. (PHC)-Commission Order Instituting ALJ Bennett I.98-03- Investigation on the Commission's own Comr Duque 013 motion into whether existing standards and policies of the Commission regarding drinking water quality adequately protect the public health and safety with respect to contaminants such as Volatile Organic Compounds, Perchlorate, MTBEs, and whether those standards and policies are being uniformly complied with by Commission regulated utilities; compliance filing by utilities is due in 120 days from the date of the order, Commission Courtroom, San Francisco 1/26/99 10:00 (ECP)-Idowu S. Famuyiwa, Pako ALJ Wright a.m. Construction vs. Southern California C.98-12- Edison Company, Edison International 010 Co. for overcharges and disconnection of services, Library Lecture Hall, 101 West Manchester Blvd., Inglewood 1/26/99 10:00 (PHC)-Order Instituting Rulemaking on ALJ Patrick a.m. the Commission's Own Motion to Comr Conlon R.92-03- consider the line extension rules of 050 electric and gas utilities; and compliance with Ordering Paragraph 6 of D.98-09-070, Commission Courtroom, San Francisco 1/27/99 10:00 (ECP)-William H. Maple vs. Arrow Head ALJWright a.m. Manor Water Company for repairing of C.98-12- the water leakage, 034 County Complex, Conference Room, 26010 Highway 189, Twin Peaks 1/27/99 1:30 p.m. (PHC)-Pacific Bell vs. AT&T ALJ DeUlloa C.98-11- Communications of California, Comr Neeper 004 Commission Courtroom, San Francisco 1/29/99 10:00 (PHC)-James D. Korn vs. Pacific Bell ALJ DeUlloa a.m. for acting as billing and/or Comr Neeper C.98-10- collection agent for other companies; 025 and for slamming practices, Commission Courtroom, San Francisco 2/4/99 10:00 (EH)- In the matter of the ALJ Vieth a.m. application of CALIFORNIA WATER Comr Duque A.98-09- SERVICE COMPANY (U 60 W), a 013 corporation, for an order authorizing A.98-09- it to increase rates charged for 014 water service in the EAST LOST A.98-09- ANGELES district, and related 015 matters, Commission Courtroom, San A.98-09- Francisco, (also 9:00 a.m., February 016 5-8) 2/8/99 10:00 (PHC)-Order Instituting investigation ALJ a.m. into the power outage that occured on O'Donnell I.98-12- December 8, 1998 on Pacific Gas and 013 Electric Company's electric system, Commission Auditorium, San Francisco (also (EH) April 5, 1999) 2/8/99 10:00 (PHC)-Southern California Edison ALJ Econome a.m. Company for authority to adopt a Comr Bilas A.97-06- revenue-sharing mechanism for certain 021 other operating revenues, Commission Courtroom, San Francisco 2/9/99 10:00 (EH)-Southern California Water ALJ Walker a.m. Company for authority to assess a Comr Duque A.98-06- reservation fee for fire protection 005 for persons occupying or owning property within the service territory of the Desert District, February 10, Commission Courtroom, San Francisco) 2/9/99 1:30 p.m. (PHC)-Application of Pacific Gas and ALJ A.98-07- Electric Company to construct the Gottstein 007 Northeast San Jose Transmission Com Duque Reinforcement Project, Commission Courtroom, San Francisco 2/9/99 2:00 p.m. (PHC)-Order Instituting Rulemaking to ALJ Econome R.97-04- establish standards of conduct Comr Bilas 011 governing relationship between energy Comr Knight utilities and their affiliates, I.97-04- (PHC)- Order Instituting Rulemaking 012 to establish standards of conduct governing relationship between energy utilities and their affiliates, Commission Courtroom, San Francisco 2/10/99 9:30 a.m. (EH)-County of Riverside Department ALJ Bennett C.97-03- of Environmental Health vs. Spring Comr Neeper 034 Crest Water and Power Company, for failure to comply with minimum water quality and quantity requirements as contained in Title 22 of the California Code of Regulations, County Administration Center, Hearing Room, 82675 Highway 111, Indio 2/11/99 9:00 a.m. (OA)-Commission Order Instituting ALJ Bushey R.97-10- Rulemaking on the Commission's own Comr Duque 049 motion to set rules and to provide Comr Neeper guidelines for the Privatization and Excess Capacity as it relates to investor owned water companies, Commission Courtroom, San Francisco 2/11/99 9:30 a.m. (PHC)-Lodi Gas Storage, LLC for a ALJ Econome A.98-11- certificate of public convenience and Comr Bilas 012 necessity for construction and operation of gas storage facilities, Commission Courtroom, San Francisco 2/16/99 9:00 a.m. (EH)-Energy Alternatives vs. Pacific ALJ Bennett C.97-09- Gas and Electric Company for failure Comr Bilas 030 to conduct an open and fair bidding process with respect to the awarding of the Energy Partners program administrative contract for 1997, Commission Courtroom, San Francisco (also February 17) 2/22/99 9:00 a.m. (EH)-Commission Order Instituting ALJ McVicar I.98-09- Investigation into the operations and Comr Duque 007 prectices of Pacific Gas and Electric Comr Neeper Company in connection with compliance with PU Code Section 451, General Order 95, and other applicable standards governing tree-line clearances, Commission Courtroom, San Francisco, (also February 23-26, March 1-5) 2/24/98 9:30 a.m. (PHC)-Utility Audit Company, Inc., ALJ Econome C.93-07- vs. Southern California Gas Company Comr Bilas 046 for charging excessive rates for gas service relating to the multi-family sites and master meter accounts C.94-02- listed in complaint, 009 (PHC)-Utility Audit Company, Inc., vs. Southern California Gas Company for three years of overcharges relating to multi-family sites and master meter accounts; requests refunds plus interest, Commission Courtroom, San Francisco 2/25/99 10:00 (EH)-Application of RIDESHARE PORT ALJ Bushey a.m. MANAGEMENT, L.L.C. dba PRIME TIME Comr Duque A98-07- SHUTTLE, to provide on-call door-to- 043 door passenger stage service to the extent required to enter into a concessionaire agreement with Los Angeles International Airport, (EH)-Application of Xpress Management A.98-09- Systems L.L.C. to provide on-call 001 door-to-door passenger stage service to the extent required to enter into a concessionaire agreement with Los Angeles World Airport (LAX), Commission Courtroom, Los Angeles (also February 26) 3/1/99 10:00 (EH)-San Diego Gas & Electric Company ALJ Barnett a.m. for authority to sell electrical Comr Conlon A.97-12- generation facilities and power Comr Bilas 039 contracts, Commission Courtroom, San Francisco (also March 2-5, March 8-11 3/4/99 11:00 (PHC)-Commission Order Instituting ALJ Malcolm a.m. Rulemaking to develop standards for Comr Conlon R.96-11- electric system reliability and Comr Neeper 004 safety pursuant to D96-09-073, Commission Courtroom, San Francisco 3/8/99 9:00 a.m. (EH)-Southern California Edison ALJ Stalder A.89-03- Company for certificate to construct Comr Duque 026 and operate 220KV transmission line between Kramer substation and Victor Substation in San Bernardino County, Commission Courtroom, San Francisco (also March 9-12) 03/15/99 10:00 (EH)-Southern California Gas Company ALJ a.m. for authority to revise its rates Gottstein A.96-03- effective January 1, 1997 in its Comr Conlon 031 Biennial Cost Allocation Proceeding for a total reduction in annual revenues of approximately $147.9 million (5.7%), A.96-04- (EH)-San Diego Gas & Electric Company 030 for authority to revise its rates effective January 1, 1997 in its Biennial Cost Allocation Proceeding for an approximately $42 million decrease over presently authorized revenues, Commission Courtroom, San Francisco (also 9:00 a.m., March 16-19) 3/23/99 10:00 (PHC)-San Diego Gas and Electric ALJ Barnett a.m. Company and Southern California Gas Comr Bilas A.98-07- Company for approval of a gas 005 transmission service tariff, (PHC)-Southern California Gas Company A98-10- for authority to revise its rates 012 effective August 1, 1999 in its biennial cost allocation proceeding, (PHC)-Application of San Diego Gas & A.98-10- Electric Company for Authority to 031 revise its gas rates effective August 1, 1999, in its biennial cost allocation proceeding. Commission Courtroom, San Francisco (also (second PHC) 10:00 a.m., (EH) 1:30 p.m., April 5, (EH) April 6-9, April 12-16, April 19- 23, April 26-30) 3/29/99 10:00 (EH)-The Utility Reform Network and ALJ a.m. Utility Consumers' Action Network vs. O'Donnell C.97-09- SBC Communications Inc., Pacific Comr Conlon 043 Telesis Group and Pacific Bell for Comr Neeper violation of the service quality requirements of D97-03-067 and the Public Utilities Code and for attempting to mislead the Commission with respect to Pacific Bell's service quality performance, Commission Courtroom, San Francisco, (also March 30, April 2) 4/1/99 9:00 a.m. (EH)-Ralph Azevedo, Ronald Azevedo, ALJ Bushey C.98-09- and Albert Ferari, vs. Union Pacific Comr Neeper 011 Railroad Company and California Northern Railroad Company for replacement and/or maintenance of fence line, Commission Courtroom, San Francisco 4/16/99 10:00 (PHC)-Bayside Village, The Fillmore ALJ Bushey a.m. Center, and North Point Apartments Comr Knight C.95-08- vs. Pacific Bell for failure to take 039 responsibility for all building cross connects, Commission Courtroom, San Francisco 4/30/99 10:00 (PHC)-Pacific Gas and Electric ALJ Barnett a.m. Company to establish performance Comr Duque A.98-11- based ratemaking for electric and gas 023 utility distribution service effective January 1, 2000, Commission Courtroom, San Francisco 5/24/99 10:00 (EH)-In the Matter of the Application ALJ Galvin a.m. of Pacific Bell a corporation, for Comr Duque A98-07- Authority to Categorize Centrex as a 020 Category III Service, (EH)-In the Matter of the Application A.98-07- of Pacific Bell a corporation, for 029 Authority to Categorize Toll-Free (8XX) and Business MTS IntraLATA Toll Services as Category III Services, Commission Courtroom, San Francisco (also May 25-28, June 1-4) 6/14/99 10:00 (PHC)-Application of Pacific Gas and ALJ Minkin a.m. Electric Company for Review and Comr Duque A98-09- Recovery of the Costs and Revenues in Comr Conlon 003 the Transition Cost Balancing Account (U 39 E), (PHC)-Application of Southern A98-09- California Edison Company to Review 008 and Recovery Transition Cost Balancing Account Entries from January 1, 1998 through June 30, 1998 and Various Generation-Related Memorandum Account Entries, A98-09- (PHC)-Application of San Diego Gas & 009 Electric Company in the Annual Transition Cost Proceeding Regarding the Transition Cost Balancing Account (TCBA), Commission Courtroom, San Francisco (also (EH) June 21-25, June 28-30, July 1-2, July 5-8, (CA) 9:00 a.m., July 9 NOTICE OF DENIAL OF REQUEST FOR EX PARTE MEETING On September 20, 1996, the Commission adopted Resolution ALJ 169 regarding the "Filing of Notice of Denial of Request for Ex Parte Meeting". The resolution implements an interim procedure whereby a party whose written request for an ex parte meeting with a Commissioner has been denied will be allowed to file a notice of such denial. Copies of Resolution ALJ 169 are available from the Commission's Central Files Office at 505 Van Ness Avenue, Room 2002, San Francisco; telephone (415) 703-2045. Copies of tendered notices are available in the Central Files Office for review and/or reproduction under existing procedures. They are also available from the filing party who is under the obligation to provide copies of the notice without delay. NONE FILED NOTICE OF ALL-PARTY MEETINGS (PU Code 1701.3(c) ) NONE NOTICE OF EX PARTE COMMUNICATIONS Copies of tendered notices are available in the Central Files Office for review and/or reproduction under existing procedures. They are also available from the filing party who is under the obligation to provide copies of the notice without delay. 12/17/98 R93-04-003 Commission Order Instituting Rulemaking on Commission's own motion to govern open access to bottleneck services and establish a framework for network architecture development of dominant carrier networks and I93-04-002 Commission Order Instituting Investigation on the Commission's own motion into open access and network architecture development of dominant carrier networks. R95-04-043 Rulemaking on the Commission's own motion into competition for local exchange service and I95-04-044 Investigation on the Commission's own motion into competition for local exchange service. Summary: On December 14 and 15, 1998, Sprint Communications Co. L.P. ("Sprint") conducted three (3) ex parte sessions with PUC officials, conducting the same oral and written communications in each session. On 12/14/98 Sprint's Richard A. Purkey met with Timothy Sullivan, advisor to Commissioner Duque, and then with Fassil Fenikile, advisor to Commissioner Neeper. On 12/15/98, the Sprint representative met with Lester Wong, advisor to Commission President Bilas. In regard to "271" issues then scheduled to be discussed at the Commission's 12/17/98 meeting, Mr. Purkey stated Pacific will not be in compliance if intraLATA equal access is not implemented on 2/8/99. He said the Commission's procedure to allow further showing by parties after 2/8/99 is appropriate and does not prejudge issues still under consideration in I87- 11-033. Mr. Purkey stated the Commission should explicitly require Pacific adopt procedures that would ensure its employees not collect or disseminate the categories of carrier information identified during the collaboratives by the Joint Presenters for Pacific's own or its affiliate's marketing purposes. Mr. Purkey concluded by saying the 15 day response time provided in the draft order to respond to Pacific's compliance filing is too short. Mr. Purkey provided each PUC official two (2) written ex parte handouts. One was a one (1) page handout entitled "Suggested Modifications to the Draft Order," and the second was a packet labeled "confidential." The confidential packet was identified as selected portions of "Sprint's Response to the February 20, 1998 Joint Managing Commissioner's and Administrative Law Judge's Ruling on Pacific Bell's Compliance with Section 271 of the Act." Sprint reports that included among the confidential material was "Exhibit 17" to Sprint's response of 3/31/98. Sprint further reports that the ALJ's ruling of 3/23/98 authorizes the confidential status, and that Sprint's "Motion to Accept this Confidential information under seal" filed 3/31/98 effects that status. Both the unsealed and sealed written communications were filed by Sprint with its "Notice of Ex Parte Communications." Filer: Sprint Communications Company Contact: Kathy McMahon Phone: (415) 513-2717 12/30/98 A98-06-052 PDO Communications, Inc., for arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. Summary: On December 29, 1998, representatives from the High Speed Access Coalition ("HiSac") initiated a meeting at CPUC with Commissioner Neeper and advisor Fassil Fenikile. Oral ex parte communications were conveyed. The representatives were David Wilson and David Simpson. Others in attendance were Matt Stepovich of PDO Communications, Inc. and Jonathan Faber of ISP Networks, Inc. The parties urged PUC to reject and/or modify the arbitrator's decision which prohibited DSL line sharing. Under federal law and the FCC's first report and order, the parties said, CPUC possesses the authority to approve linesharing. Filer: High Speed Access Coalition Contact: Martina Hassett Phone: (415) 291-1970 1/6/99 A98-05-014 Southern California Edison Company, to report on the valuation process for certain generation-related assets pursuant to D97-11-074. Summary: On January 4, 1998, Tom Burham of Southern California Edison Co. ("Edison") engaged in oral ex parte communications at CPUC with Ann Watson and Dorothy Duda, advisors to Commission President Bilas. Mr. Burham stated Edison desires quick resolution of the current phase of the valuation proceeding, resulting in Commission approved appraisal principles for those assets subject to market evaluation. He further stated this process for Edison should not be consolidated with a similar proceeding involving Pacific Gas & Electric. Filer: Southern California Edison Company Contact: Anthony Vincent Phone: (626) 302-3104 Archer 1/6/99 A98-06-052 PDO Communications, Inc., for arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. Summary: On January 3, 1999, representatives of the California Cable Television Association (CCTA) attended an "all party" meeting at CPUC and conveyed oral ex parte communications to Commissioner Duque and advisor Timothy Sullivan. Alan J. Gardner and Glenn Semow attended for CCTA. Mr. Gardner stated CCTA's opposition to the proposal that PDO obtain free access to the loop. He also stated that Pacific Bell should be required to impute DSL costs for the loop to its own DSL service. In its Notice of Ex Parte Communication, CCTA included a copy of the "sign in" sheet of the parties attending the meeting. Filer: California Cable Television Association Contact: Frank Monti Phone: (510) 428-2225 1/7/99 A98-06-052 CORRECTION FROM THE DAILY CALENDAR OF 1/11/99. PDO Communications, Inc., for arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. Summary: On January 4, 1999, Nick Selby from ICG Telecom Group, Inc. ("ICG") engaged in oral ex parte communications at CPUC with Commissioner Duque and the commissioner's advisor, Timothy Sullivan. According to ICG's Notice of Ex Parte Communications, the meeting was initiated by David Simpson of the High Speed Access Coalition ("HiSac"), and others in attendance were representatives from PDO Communications, Inc., Pacific Bell ("PacBell"), California Cable Television Assoc., GTEC, ISP Networks, and PUC staff. Mr. Selby stated ICG and other interested parties should be allowed to participate and file legal arguments if the Commission was in effect modifying its arbitration rules to permit HiSac, a non party to the arbitration between PDO and PacBell, to file legal arguments on PDO's motion to reject the conformed arbitrated interconnection agreement in this case. Mr. Selby stated PDO's request for "line sharing" or "unbundled spectrum" for its digital subscriber line ("DSL") services raises major policy issues on which PUC should allow other parties to be heard. He said access to unbundled spectrum on Pacific's loops should be priced on the incremental cost standard of the Telecommunications Act, and should not be free as PDO asserts. Mr. Selby concluded by saying the Commission should determine the incremental cost of "line sharing" through frequency multiplexing and require PacBell to include such cost in the price of its ADSL service. Filer: ICG Telecom Group, Inc Contact: Nancy Post Phone: (650) 323-0990 Summary: On January 4, 1998, Pacific Bell ("PacBell") representatives Dan Jacobsen and Bill Blase attended an "all party" meeting at CPUC and orally conveyed the following ex parte communications to Commissioner Duque and his advisor, Timothy Sullivan. The PacBell representatives stated that the interconnection requested by PDO should not be granted because carriers are entitled to exclusive use of facilities, and that free use of spectrum would establish a disincentive to facilities based investment. It was further stated PDO should not have free use of the loop. It is PacBell that bears the full cost of the loop, it was stated, and the company must cover this cost by offering other services such as ADSL. The representatives concluded by saying PacBell is also concerned that PDO's serving arrangement could jeopardize the quality of voice service. A list of all attendees was provided in the Notice of Ex Parte Communications. Filer: Pacific Bell Contact: Lila Tam Phone: (415) 542-3820 1/8/99 A97-10-024 Southern California Edison Company, for authority to recover capital additions to its fossil generating facilities made between 1/1/96 and 12/31/96. Summary: On January 5, 1999, Southern California Edison Co. ("SCE") conducted two consecutive meetings at CPUC and engaged in oral ex parte communications in each. The SCE representatives conducting the communications were Bruce C. Foster and Michael R. Hoover. In the first meeting, Commission President Bilas and advisors Maryam Ebke and Dorothy were present. In the second meeting, Commissioner Neeper and advisor David Gamson were present. In each meeting Mr. Foster said that the last minute changes to the proposed decision ("PD") would result in an additional disallowance of over $6 million. Detailed project by project analyses were not required, he said, for projects under $100,000 and blanket spare parts work orders. He urged the Commission to reject the recommendations contained in the last minute changes to the PD. Filer: Southern California Edison Company Contact: Anthony Vincent Phone: (626) 302-2304 Archer 1/8/99 A98-06-052 PDO Communications, Inc., for arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. Summary: On January 6, 1999, the California Cable Television Association ("CCTA") and ICG Telecom Group, Inc. ("ICG") sent a joint letter to all of the commissioners and their telecommunication advisors. In their page and a half letter, Alan J. Gardner of CCTA and Earl Nicholas Selby of ICG said PDO's position that it should be provided free access to Pacific Bell's ("PacBell") local loops to provide its own DSL service would be antithetical to the Commission's interest in promoting facilities based alternatives to PacBell's local infrastructure. They stated PacBell's use of its own local infrastructure at zero costs for the provision of its ADSL service is of even greater concern. They further stated PacBell failed to mention at the "all party" meeting that no party can efficiently compete using its own facilities if it must compete against PacBell's ADSL service, which uses PacBell's loop infrastructure for free. They added "just as PDO cannot purchase the use of a loop free of cost, Pacific cannot be allowed to avoid imputing the cost of that loop in its own ADSL service." CCTA and ICG stated the need for a proceeding which addresses the costing and pricing of PacBel's'ADSL offering, and that PUC rehear its Resolution T- 16191. Alternatively, Messrs Selby and Gardner recommended an expedited rulemaking process to review these issues. The letter was attached to the filer's "Notice of Ex Parte Communication." Filer: California Cable Television Association Contact: Frank Monti Phone: (510) 428-2225 1/11/99 A98-06-052 PDO Communications, Inc., for arbitration pursuant to Section 252 of the Federal Telecommunications Act of 1996 to establish an interconnection agreement with Pacific Bell. Summary: On January 6, 1999, Matt Stepovich of PDO Communications, Inc. ("PDO"), wrote a three (3) page letter to Commissioner Duque, and provided copies of the letter to Commission President Bilas, Commissioner Neeper, and all PUC advisors. The letter stated that PDO wished to make two points among the many that were discussed at the January 4, 1999 meeting among the arbitrating parties and others present at the meeting. The PDO letter stated "the first and most important point is that the Arbitrator's December 30th draft opinion, in attempting to cure the mistake of law that had been the major hurdle in this arbitration, has created another legal error that will prevent the Commission from exercising its responsibilities under the Telecommunications Act of 1996. The second point is that there is no `free ride' according to Pacific's own testimony before the Commission in which Pacific acknowledges that adding data to a loop creates no additional loop costs." The remainder of the letter amplifies these points, and contains two (2) sections entitled, respectively, "The Commission Must Decide All Substantive Issues Raised in this Arbitration." and "PDO Would Agree to a Fair Apportionment." The letter is attached to PDO's Notice of Ex Parte Communication. Filer: PDO Communications, Inc. Contact: Karen M. Wonnell Phone: (415) 394-7500 RESOLUTION REGARDING RATIFICATION OF PRELIMINARY DETERMINATIONS OF CATEGORY For purposes of Rule 63.2(c), notice of the assignment is the day the assignments associated with this preliminary categorization document appear in the Daily Calendar following the Commission business meeting. 1/7/99 ALJ-176- Ratification of preliminary 3007 determinations of category for proceedings initiated by application. The preliminary determinations are pursuant to Article 2.5, Rules 4 and 6.1 of the Commission's Rules of Practice and Procedure. (See also Rule 63.2(c) regarding notice of assignment.) Adopted. The preliminary determination schedule is shown below. PRELIMINARY DETERMINATION SCHEDULES Resolution ALJ-176-3007 (1/7/99) ASSIGNMENTS NUMBER PROPOSED PRELIM. TITLE CATEGORY CATEGORY HEARIN COMR ALJ G A98-12-009 * * * Not Legal Assigne Division CITY OF El PASO d DE ROBLES for rehearing of resolution E- 3573 ordering dismissal of protests to advice letter 1791-E A98-12-016 Ratesett Ratesetti NO Neeper O'Donnel ing ng l PRE-PAID PHONES, LTD. for a certificate of public convenience and necessity to offer resold local exchange, access and interexchange services PRELIMINARY DETERMINATION SCHEDULES Resolution ALJ-176-3007 (1/7/99) ASSIGNMENTS NUMBER PROPOSED PRELIM. TITLE CATEGORY CATEGORY HEARIN COMR ALJ G A98-12-017 Ratesett Ratesetti NO Not Examiner ing ng Assigne Koss CITY OF SAN d CARLOS for an order to construct a new crossing at separated grades to be known as Arroyo Avenue Pedestrian Undercrossing under the tracks of Peninsula Corridor Joint Powers Board Commuter service main line at Railroad Mile Post E-23.6 south of Arroyo Avenue in the City of San Carlos, County of San Mateo A98-12-018 Ratesett Ratesetti NO Not Examiner ing ng Assigne Leutza TELECOMMUNICA- NDIEC d TIONS COOP. Registra NETWORK, INC., tion dba TCN, INC. Applicat for ion registration as an interexchange carrier telephone corporation pursuant to the provisions of PU Code section 1013 A98-12-019 Ratesett Ratesetti NO Duque Weiss ing ng WEST SAN MARTIN WATER WORKS, INC. for authority under Public Utilities Code Section 851 to sell a portion of its public utility water system in San Martin, Santa Clara County to the San Martin County Water District PRELIMINARY DETERMINATION SCHEDULES Resolution ALJ-176-3007 (1/7/99) ASSIGNMENTS NUMBER PROPOSED PRELIM. TITLE CATEGORY CATEGORY HEARIN COMR ALJ G A98-12-020 Ratesett Ratesetti NO Neeper Rosentha ing ng l LITICHEVSKY, DMITRY, QUAKE CITY SHUTTLE, INC. , SHAPIRO, VLADIMIR , VAKSMAN, NAUM to transfer and Quake City Shuttle, Inc., Kogen, Aleksandr, Nudelman, Aleksandr, and Kravetski, Felix, to acquire their stock interests and all other assets in Quake City Shuttle, Inc., pursuant to Section 851 of the Cal. Public Utilities Code A98-12-021 Ratesett Ratesetti YES Duque Gottstei ing ng n SOUTHERN CALIFORNIA EDISON COMPANY for an order approving termination agreement for termination of a negotiated power purchase agreement between Southern California Edison Company and O'Brien California Cogen Limited A98-12-022 Ratesett Ratesetti YES Neeper Walker ing ng GTE CALIFONRIA INCORPORATED for approval to lease assets pursuant to Section 851 of the Public Utilities Code PRELIMINARY DETERMINATION SCHEDULES Resolution ALJ-176-3007 (1/7/99) ASSIGNMENTS NUMBER PROPOSED PRELIM. TITLE CATEGORY CATEGORY HEARIN COMR ALJ G A98-12-023 Ratesett Ratesetti YES Neeper Weissman ing ng SAN DIEGO GAS & ELECTRIC COMPANY for a permit to construct the Pico Substation A98-12-024 Ratesett Ratesetti NO Neeper O'Donnel ing ng l MOHAVE COOPERATIVE SERVICES, INC. for a certificate of public convenience and necessity to provide resold competitive local exchange services and interexchange services A98-12-026 Ratesett Ratesetti NO Neeper Mattson ing ng ROSEVILLE TELEPHONE COMPANY to approve annual rate depreciation A98-12-027 Ratesett Ratesetti NO Not Examiner ing ng Assigne Leutza ASIA ACCESS d TELECOM, INC. for registration as an interexchange carrier telephone corporation pursuant to the provisions of the Public Utilities Code Section 1013 PRELIMINARY DETERMINATION SCHEDULES Resolution ALJ-176-3007 (1/7/99) ASSIGNMENTS NUMBER PROPOSED PRELIM. TITLE CATEGORY CATEGORY HEARIN COMR ALJ G A98-12-028 Rateset Ratesetti YES Duque Walker ting ng ELK GROVE WATER WORKS for an order authorizing it to increase rates for water service for its total service area, and approving its planned water filtration plant installation (N9811028) A98-12-029 Ratesett Ratesetti NO Not Examiner ing ng Assigne Leutza ATN NDIEC d COMMUNICATIONS, Registra INC. for tion registration as Applicat an ion interexchange carrier telephone corporation pursuant to the provisions of Public Utilities Code section 1013 and D97-06-107 *Application for Rehearing of Resolution assigned to Legal Division. Categorization/Need for Hearing will be addressed as necessary if the Commission subsequently grants rehearing.