CCC PPPPP U U CCC N N EEEEE W W W SSS C C P p U U C C NN N E W W W S S C P P U U C N N N E W W W S C PPPPP U U C N N N EEE W W W W SSS C P U U C N N N E WW WW S C C P U U C C N NN E W W S S COC P UUUU CCC N N EEEEE W W SSS California Public Utilities Commission 505 Van Ness Avenue, Room 5301 San Francisco, CA 94102 CONTACT: Armando Rendon April 24, 1996 CPUC-039 415-703-1366 (R95-04-043) CPUC COMMISSIONER ISSUES ALTERNATE DECISION ON PACIFIC/GTEC REQUEST FOR COMPENSATION Commissioner P. Gregory Conlon of the California Public Utilities Commission (CPUC) today issued an alternate decision on the Pacific Bell (Pacific) and GTE California (GTEC) requests to be compensated for revenues the companies say they'll lose due to local phone competition. Pacific is seeking $3.7 billion over five years. GTEC is asking for compensation as well, estimated at about $500 million. Both proposals will be considered for a vote on May 8. The Commissioner's alternate finds that the CPUC order to approve local phone competition along with recent state and federal legislation have disproportionately impacted California phone companies by making it difficult or impossible for them to recover their investments before they can be retired via approved depreciation schedules. However, his proposal defers any finding on whether the CPUC's order has drastically violated the Commission's duty to ensure Pacific and GTEC can earn investors a fair rate of return. His alternate differs from the proposed decision circulated by a CPUC Administrative Law Judge on April 8 on several key points. He defers the question of what a fair rate of return is for further hearings if and when Pacific and GTEC file for compensation. Following such hearings, the Commission would determine what might be the most appropriate rate of return to use as a benchmark for setting the lower range of a "fair" rate of return. Both proposals agree that while the introduction of competition into the local phone market in conjunction with regulation might not translate into a violation of their constitutional protection against uncompensated "takings" of property, a taking could occur, as the companies argue, if they were denied an opportunity to earn a fair rate of return on investment. -###-