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 September 20, 1996 CPUC-042 415-703-1366 (R95-04-043) CPUC DENIES PACIFIC/GTEC COMPENSATION CLAIMS The California Public Utilities Commission (CPUC) today rejected Pacific Bell (Pacific) and GTE California (GTEC) requests for billions of dollars in rate increases to make up for the revenues they said would be lost due to local phone competition in their service areas. Calling the companies' projections "highly speculative," the Commission nevertheless permits the firms to file no earlier than January 1, 1997, an application to show that competition will deprive them of the opportunity to earn a fair return on their regulated assets. Pacific sought $3.7 billion over five years, GTEC an estimated $500 million. Citizens Utilities Company also joined in arguing for compensation, but did not project a specific loss amount. The companies had argued that because of the introduction of competition into local phone markets, their shareholders would be denied an opportunity to earn a fair return on investment, amounting to a violation of their claimed constitutional protection against uncompensated "takings" of property. At the time Pacific and GTEC requested compensation for what they called "franchise impacts," proceedings dealing with major components of a revised regulatory program, such as universal service and equal access rules, had not been completed. An insufficient record exists at this time, the Commission concluded, about the outcomes of these other related proceedings so it would be premature to determine now whether the new regulatory program will adversely affect rates of return. The companies' testimony, therefore, was found to be too speculative. The Commission will allow the companies to submit evidence that CPUC policy has resulted in investor losses. Evidence need only cover regulated assets of the two firms. ###