Public Agenda 30XXPRELIMINARY AGENDAThursday, date
(CONFIDENTIAL – NOT FOR EXTERNAL RELEASE)
Public Utilities Commission of the State of California
Public Agenda 3052
Thursday, December 7, 2000, 10 a.m.
San Francisco, California
Commissioners
Loretta M. Lynch, President
Henry M. Duque
Josiah L. Neeper
Richard A. Bilas
Carl W. Wood
For each agenda item, a summary of the proposed action is included; the Commission’s decision may, however, differ from that proposed.
Website:
Scheduled Commission Meetings
505 Van Ness Avenue, San Francisco
Ratesetting Deliberative Meeting*Room 5305
(1:30 p.m.)
Closed to the Public / Commission Meeting
Auditorium
(10 a.m.)
Open to the Public
Monday, December 4 / Thursday, December 7
Monday, December 18 / Thursday, December 21
Tuesday, January 2 / Thursday, January 4
Tuesday, January 16 / Thursday, January 18
Monday, February 5 / Thursday, February 8
* Ratesetting Deliberative Meeting dates are reserved as noted but will be held only if there are ratesetting matters to be considered and a Commissioner has requested that a Ratesetting Deliberative Meeting be held. A “” next to the date indicates that the meeting will be held. A “” next to the item number on the Agenda indicates that the matter will be considered during the Ratesetting Deliberative Meeting.
A “” next to the item number on the Agenda indicates that the matter may be considered during Closed Session pursuant to Public Utilities Code Section 1701.2(c); thereafter the Commissioners will reconvene in Public Session to vote on the item.
Matters of Public InterestFor the convenience of the public and media representatives, items of widespread public interest will be taken up at the beginning of the meeting.
For further information contact the Public Advisor
415) 703-2074 E-mail:
Page 1
Public Agenda 3052Thursday, December 7, 2000
PUBLIC COMMENT
The following items are not subject to public comment:
- All items on the closed session agenda; these are HEX and EX items.
- CA-15, H-2, H-2a, H-2b, H-5, H-9, H-9a
CONSENT AGENDA
Items shown on the Consent Agenda will be taken up and voted on as a group in one of the first items of business of each Commission meeting. Items may be removed from the Consent Agenda for discussion on the Regular Agenda at the request of any Commissioner prior to the meeting.ORDERS AND RESOLUTIONS
CA-1 / Res TL-18952 - Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374(b) of the Public Utilities Code.CA-2 / Res ALJ-176-3052 - Ratification of preliminary 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.
CA-3 / R87-11-012 - Order Instituting Rulemaking to revise the time schedules for the rate case plan and fuel offset proceedings.
This decision modifies the rate case plan by requiring future rate design window filings by electric utilities to be docketed under new docket numbers. This proceeding is closed.
(Com Neeper - ALJ Stalder)
(Section 311(d))
CA-4 / C96-05-049 - Florsheim Brothers vs. Pacific Gas and Electric Company.
This decision grants Utility Design, Inc. an award of $35,669.00 from the Advocates Trust Fund in compensation for its contribution to D98-09-058. This proceeding is closed.
(Com Neeper - ALJ DeUlloa)
(Section 311(g)(1))
CA-5 / A96-12-009 - Pacific Gas and Electric Company (PG&E).
To identify and separate components of electric rates, effective January 1, 1998. A96-12-011, A96-12-019 - Related matters. This decision grants the Joint Petition of PG&E, San Diego Gas & Electric Company, and Southern California Edison Company (Joint Petitioners) for modification of D97-08-056. Joint Petitioners are relieved of the obligations created by that decision to collect information about the air emissions profiles of various generation resources and to provide such information to their customers, since Joint Petitioners do not have access to the information. These proceedings are closed.
(Com Duque - ALJ Vieth)
(Section 311(g)(1))
CA-6 / A00-03-010 - Pacific Gas and Electric Company (PG&E), City of Gilroy (City) and Gilroy Gang and Drug Abuse Prevention Task Force.
This decision grants PG&E, pursuant to Public Utilities Code Section 851, authority to sell to the City and the Gilroy Gang and Drug Abuse Prevention Task Force a 0.8 acre parcel of real property located in Santa Clara County. The property includes a service center building and a control building which have not been used for many years. This proceeding is closed.
(Com Wood - ALJ Patrick)
(Section 311(g)(1))
CA-7 / A99-11-027 - Pacific Pipeline System LLC (PPS).
This decision grants PPS authorization pursuant to Public Utilities Code Section 851 to grant certain third parties, including Qwest Communications International, access to its crude oil pipeline for purposes of installing fiber optic telecommunications facilities, subject to conditions designed to protect the environment. It reserves for a second phase of this proceeding the determination of whether PPS should be penalized or sanctioned for commencing construction on the fiber optic project without Commission approval.
(Com Wood - ALJ Thomas)
(Section 311(g)(1))
CA-8 / A00-07-043 - Pacific Gas and Electric Company (PG&E).
For authority, among other things, to increase rates and charges for electric and gas services effective on January 1, 2001, and on January 1, 2002.
PG&E seeks an increase of approximately $188 million starting January 1, 2001 as an attrition rate adjustment. Because the Commission cannot decide all the issues raised by this application before January 1, 2001, it issues this Interim Decision to authorize PG&E to increase rates as of January 1, 2001, should the Commission grant an increase after full hearing on the merits.
(Com ALJ Wood - ALJ Barnett)
(Section 311(g)(1))
CA-9 / A00-04-022 - Los Angeles to Pasadena Metro Blue Line Construction Authority (Applicant).
This decision grants Applicant’s request to construct two light rail transit tracks at separated grade above Cesar E. Chavez Avenue, LAUPT private passenger car tracks to southeasterly bound lanes of Vignes Street, Main Street, westbound lanes of Alpine Street, Alameda Street, Bruno Street and College Street in the City of Los Angeles, Los Angeles County. This proceeding is closed.
(Exam Koss)
CA-10 / A00-07-030 - City of Los Angeles (City), Harbor Department.
This decision grants City’s request to construct the Westmont Drive Grade Crossing, located in the Harbor District of the City, Los Angeles County. This proceeding is closed.
(Exam Koss)
CA-11 / Res T-16474 - EBS, Inc., dba Complete Telecom.
This resolution revokes the Non-Dominant Interexchange Carrier certificate of public convenience and necessity held by EBS, Inc., as requested by the company.
CA-12 / Res T-16475 - Insurance Information Exchange, L.L.C.
This resolution revokes the Non-Dominant Interexchange Carrier certificate of public convenience and necessity held by Insurance Information Exchange, L.L.C., as requested by the company.
CA-13 / Res T-16478 - One Point Services, L.L.C.
This resolution revokes the Non-Dominant Interexchange Carrier certificate of public convenience and necessity held by One Point Services, L.L.C., as requested by the company.
CA-14 / A00-07-052 - Cbeyond Communications, LLC. (Cbeyond).
This decision grants Cbeyond’s request for a certificate of public convenience and necessity as a competitive local carrier to offer resold local exchange services within the territories of Pacific Bell and Verizon California Inc., and statewide interexchange service, subject to the terms, conditions and restrictions included herein. This order also grants limited facilities-based authority, restricted to the use of unbundled network elements and the placement of equipment within or on previously existing buildings and structures. This proceeding is closed.
(Com Wood - ALJ Pulsifer)
CA-15 / (ECP) C00-08-029 - David Mitchell (Complainant) vs. Pacific Bell Telephone Company.
Complainant seeks a refund of $541.95 for overcharges in toll calls. Held: Relief denied. The toll calls in question were caused by Complainant’s calls to his Internet Service Provider using the services of a local exchange carrier other than Pacific Bell. This proceeding is closed.
(Com Duque - ALJ Barnett)
(Agenda 3051, Item CA-30, 11/21/00; Req - Commission)
CA-16 / A00-03-054 - Pacific Gas and Electric Company (PG&E) and Cassel Volunteer Fire Company, Inc. (Cassel).
This decision grants PG&E’s request to sell and convey pursuant to Public Utilities Code Section 851, a certain parcel of land in Shasta County to Cassel and book net gain on sale to the Transition Cost Balancing Account. This proceeding is closed.
(Com Wood - ALJ Rosenthal)
CA-17 / A00-04-052 - Orion Telecommunications Corp., dba New York Orion Telecommunications Corp.
This decision grants Orion Telecommunications Corp. a certificate of public convenience and necessity to provide facilities-based and resold interexchange service. This proceeding is closed.
(Com Wood - ALJ O’Donnell)
CA-18 / A00-06-007 - City of Sacramento (City).
This decision grants City’s request to construct a crossing at grade across the tracks of the Union Pacific Railroad Company in the City and County of Sacramento to be identified as PUC No. 3A-89.4. This proceeding is closed.
(Exam Koss)
CA-19 / A00-06-008 - City of Sacramento (City).
This decision grants City’s request to construct a crossing at separated grades under the tracks of the Union Pacific Railroad Company in the City and County of Sacramento to be identified as PUC No. 3A-89.3. This proceeding is closed.
(Exam Koss)
CA-20 / Res W-4238 - Central Camp Water Company (CCWC).
This resolution authorizes CCWC to file for recovery of two memorandum accounts after the year 2000.
CA-21 / Res W-4239 - East Pasadena Water Co., Inc.
This resolution authorizes a general increase in rates producing $245,843 or 21.38% additional annual revenue.
CA-22 / A99-08-021 - Pacific Fiber Link, L.L.C.
For modification of its certificate of public convenience and necessity to review proponent’s environmental assessment for compliance with the California Environmental Quality Act. This decision grants applicant’s motion to withdraw its petition for modification. This proceeding is closed.
(Com Duque - ALJ Walker)
CA-23 / A00-07-049 - City of Simi Valley, Public Works Department (City).
This decision grants City’s request to close a private grade crossing at the tracks of the Southern California Regional Rail Authority/Union Pacific Railroad Company and construct a public grade crossing in the City. This proceeding is closed.
(Exam Koss)
CA-24 / A00-08-006 - Pacific Gas and Electric Company (PG&E), and Stanford Ranch I, L.L.C.
This decision grants PG&E’s request to sell approximately 25.87 acres of land in Placer County designated by the Placer County Assessor as Assessor’s Parcel Number 017-112-290 to Stanford Ranch I, L.L.C. This decision also approves the ratemaking treatment requested by applicants. This proceeding is closed.
(Com Duque - ALJ Jones)
CA-25 / A00-07-024 - Mohammed Saeed (Transferee), dba Horizon Airporter, and Mohammed Saeed, Kamal Hamid Zeinelabdin, El Fatih Elyas Ahmed and Izzeldin Elyas Mohamed (Transferor), dba Horizon Airporter.
This decision grants Transferor’s request to extend its passenger stage certificate between Benicia, Vallejo and American Canyon and Oakland International Airport, and to transfer its passenger stage corporation to Transferee. This proceeding is closed.
(Exam Koss)
CA-26 / A00-08-011 - Amjad Hammoudeh and Jafar Hadid (Applicants), dba Silver Line Airporter.
This decision grants Applicants’ request to operate as a passenger stage corporation between points in the counties of San Francisco, Alameda, Contra Costa, San Mateo, and Marin, and the International Airports of San Francisco, Oakland, and San Jose, and to establish a Zone of Rate Freedom. This proceeding is closed.
(Exam Koss)
CA-27 / A00-08-019 - Amarjit Singh, Satinder P. Singh, Arminder Singh, and Davinder Kaur (Applicants), dba A.A.A. Airporter and Limo Service.
This decision grants Applicants’ request to operate as a passenger stage corporation between points in the counties of San Francisco, Alameda, Contra Costa, and Santa Clara, and the International Airports of San Francisco, Oakland, and San Jose, and to establish a Zone of Rate Freedom. This proceeding is closed.
(Exam Koss)
CA-28 / A00-08-027 - Avtar Singh, dba Jassi Transportation.
This decision grants Avtar Singh’s request to operate as a passenger stage corporation between points in the counties of San Francisco, Alameda, Contra Costa, and Santa Clara, and the International Airports of San Francisco, Oakland, and San Jose, and to establish a Zone of Rate Freedom. This proceeding is closed.
(Exam Koss)
CA-29 / A00-08-036 - Tracy Louie.
This decision grants Tracy Louie’s request to operate as a passenger stage corporation to transport children between points in Contra Costa County, and to establish a Zone of Rate Freedom. This proceeding is closed.
(Exam Koss)
CA-30 / A00-08-048 - Shahid H. Khan, dba All American Airporter Express.
This decision grants Shahid H. Khan’s request to operate as a passenger stage corporation between points in the counties of San Francisco, Alameda, Contra Costa, and Santa Clara, and the International Airports of San Francisco, Oakland, and San Jose, and to establish a Zone of Rate Freedom. This proceeding is closed.
(Exam Koss)
CA-31 / Res TL-18948 - Marta Cadena and Martin Villegas (Applicants), dba Mosquito Express.
This resolution grants Applicants’ request to suspend its passenger stage corporation certificate for six months.
CA-32 / Res TL-18951 - Diversified Paratransit, Inc., dba Inland Express.
This resolution grants Diversified Paratransit, Inc.’s request to suspend its passenger stage corporation certificate for one year.
CA-33 / A00-06-031 - Network Access Solutions Corporation (NAS).
This decision grants NAS’s request for a certificate of public convenience and necessity as a competitive local carrier to offer resold local exchange services within the territories of Pacific Bell, GTE California Incorporated, Roseville Telephone Company, and Citizens Telephone Company, and statewide interexchange service, subject to the terms, conditions, and restrictions included herein. This decision also grants limited facilities-based authority, restricted to the use of unbundled network elements and the placement of equipment within or on previously existing buildings and structures. This proceeding is closed.
(Com Wood - ALJ Pulsifer)
CA-34 / C00-09-019 - Dawn VanBuskirk vs. Arrowhead Manor Water Company.
This decision finds for complainant on allegations of inadequate water service and requires the defendant water company to complete repairs to complainant’s water system within 30 days or face formal hearing for the purpose of assessing a fine or other sanctions.
(Com Duque - ALJ Walker)
CA-35 / A97-06-002 - Pacific Gas and Electric Company, and Richard L. Wills and Donna M. Wills.
For an order authorizing the former to sell and convey to the latter two parcels of land in Alameda County pursuant to Public Utilities Code Section 851. Petition to modify D99-10-001 to formally transfer ratemaking issues in A97-06-002 from A98-11-023 to A00-09-002, as approved by all parties, is granted. This proceeding is closed.
(Com Bilas - ALJ Wright)
CA-36 / I00-08-002 - Order Instituting Investigation into the functioning of the wholesale electric market and associated impact on retail rates.
Order correcting errors in D00-09-040.
(Com Wood - ALJ Wetzell)
CA-37 / C00-01-017 - Robert Hambly, et al. vs. Hillsboro Properties and City of Novato.
This decision extends the 12-month deadline for resolution of adjudicatory proceeding, under Public Utilities Code Section 1701.2(d).
(Com Wood - ALJ Vieth)
CA-38 / A00-06-050 - Lodi Gas Storage, LLC (LGS).
LGS, a new participant in the competitive gas storage industry in California, seeks exemptions and waivers from certain project financing requirements of the Public Utilities Code and a general exemption related to the issuance and transfer of securities. No protests have been filed. This decision grants the relief requested as to current financing for the project but declines to grant general exemptions related to speculative future transactions. This proceeding is closed.
(Com Bilas - ALJ Walker)
CA-39 / R94-04-031 - Order Instituting Rulemaking on the Commission’s proposed policies governing restructuring California’s electric services industry and reforming regulation. I94-04-032 - Related matter.
This decision grants San Diego Gas & Electric Company’s petition to modify Section P.(1)(b) of Appendix A of D97-10-087 and Ordering Paragraph 2 of D98-02-030, subject to some minor language changes.
(Com Neeper - ALJ Wong)
(Section 311(g)(1))
(Agenda 3051, Item CA-4, 11/21/00; Req - Commission)
CA-40 / C99-06-034 - The Utility Consumers’ Action Network vs. MCI Telecommunications Corporation (MCI).
This decision approves a settlement agreement providing for MCI to pay $522,458.33. It also orders MCI to refund this amount to current customers. This proceeding is closed.
(Com Neeper - ALJ Bushey)
(Section 311(g)(1))
(Agenda 3051, Item CA-5, 11/21/00; Req - Commission)
CA-41 / I99-12-001 - Investigation on the Commission’s own motion into the operations, practices, and conduct of Coleman Enterprises, Inc. (“Coleman”) U-5891-C, doing business as Local Long Distance; Daniel Coleman, an individual, President, Chief Executive Officer and Director of Coleman; and QAI, Inc. U-5606-C, to determine whether they have violated the laws, rules, and regulations governing the manner in which California consumers are switched from one long distance carrier to another.
This decision approves two settlement agreements negotiated by the Consumer Services Division (CSD) with the respondents in this investigation. The first is dated March 16, 2000 and has been signed by Coleman Enterprises, Inc. (CEI) and all of the other respondents except QAI, Inc. (QAI). The March 16 agreement provides that CEI will contribute $45,000 toward the restitution of California customers who were slammed or crammed by CEI. The agreement also requires CEI to surrender the certificate of public convenience and necessity allowing it to operate in California, and not to reapply for such operating authority for at least five years. Finally, the March 16 agreement provides for a suspended fine of $500,000 that CSD may move to impose if any of the conditions of the settlement agreement are violated within five years after its approval. The second agreement is dated June 30, 2000 and was signed by CSD and QAI, which provided billing and third-party verification services for CEI. This settlement agreement requires QAI to contribute $200,000 toward the restitution of CEI’s customers, as well as an additional $25,850 for the purpose of hiring an independent legal claims administrator. QAI has also agreed to make a series of changes in its contracts with resellers and in its dealings with verification firms so that the marketing abuses alleged in the OII will be less likely to recur. Finally, the June 30 agreement provides for a suspended fine of $300,000, which CSD may move to impose if QAI violates any of the conditions of the settlement within three years after approval. This decision concludes that when considered as a package, the March 16 and June 30 settlement agreements meet the requirements of Rule 51.1(e) because they are reasonable in light of the whole record, consistent with law and in the public interest. Accordingly, the agreements are approved without modification. This proceeding is closed.
(Com Duque - ALJ McKenzie)
(Section 311(g)(1))
(Agenda 3051, Item CA-6, 11/21/00; Req - Commission)
CA-42 / Res E-3716 - San Diego Gas & Electric (SDG&E).
This resolution approves the Termination Agreement and Release of Claims between SDG&E and Yuma Cogeneration Associates, finding that ratepayer savings of between $14 and $20 million are expected. The resolution also approves a shareholder incentive payment of $1.4 million.
(Advice Letter 1236-E, filed July 11, 2000)
(Agenda 3051, Item CA-14, 11/21/00; Req - Commission)
CA-43 / A00-08-009 - Kulwinder Singh, dba Mother Teresa Airport Shuttle.
This decision grants Kulwinder Singh a certificate of public convenience and necessity to operate as a passenger stage corporation between points in Alameda, Santa Clara, and San Mateo counties, and San Francisco, Oakland, and San Jose International Airports. This proceeding is closed.
(Exam Koss)
(Agenda 3050, Item CA-17, 11/2/00; Agenda 3051, Item CA-19, 11/21/00; Req - Commission)
CA-44 / A99-11-019 - Pacific Gas and Electric Company (PG&E) and Northern District Pentecostal Ministries (Ministries).
For an order authorizing the former to sell and convey to the latter a certain parcel of land in Yuba County pursuant to Public Utilities Code Section 851. This decision grants with conditions PG&E’s request to sell property in Yuba County to Ministries. This proceeding is closed.
(Com Lynch - ALJ Thomas)
(Section 311(g)(1))
(Agenda 3048, Item CA-3, 10/5/00; Agenda 3049, Item CA-23, 10/19/00; Agenda 3050, Item CA-22, 11/2/00; Agenda 3051, Item CA-20, 11/21/00; Req - Commission)
CA-45 / C98-03-023 - Gina Guillamun DiResta vs. Esprit de Sol Apartments.
This decision dismisses complaint for lack of jurisdiction. This proceeding is closed.
(Com Neeper - ALJ Vieth)
(Section 311(g)(1))
(Agenda 3046, Item CA-28, 9/7/00; Agenda 3048, Item CA-15, 10/5/00; Agenda 3049, Item CA-25, 10/19/00; Agenda 3050, Item CA-23, 11/2/00; Agenda 3051, Item CA-21, 11/21/00; Req - Commission)
CA-46 / A99-03-049 - Southern California Gas Company (SoCalGas).
For recovery of costs related to the El Nino storms. This decision modifies the stipulation presented by SoCalGas and the Office of Ratepayer Advocates regarding SoCalGas’ recovery of certain costs through the Catastrophic Event Memorandum Account. It modifies the stipulation to allow SoCalGas to recover $4,713,616, reduced by $110,000 in disallowed costs, through 2002, as well as future carrying costs for the capital investments. It adopts The Utility Reform Network’s recommendation regarding allocation of revenue requirement among customer classes and directs, for this case only, that the costs be allocated to customers based upon function. It directs SoCalGas to address the issue of pipeline location, maintenance, and repair in its next cost-of-service or performance-based ratemaking proceeding. This proceeding is closed.
(Com Duque - ALJ Bytof)
(Section 311(d))
(Agenda 3047, Item CA-5, 9/21/00; Agenda 3048, Item CA-36, 10/5/00; Agenda 3049, Item CA-28, 10/19/00; Agenda 3050, Item CA-25, 11/2/00; Agenda 3051, Item CA-22, 11/21/00; Req - Commission)
CA-47 / Res W-4234 - Sereno Del Mar Water Company (Sereno).
This resolution authorizes Sereno to borrow $250,000 under the Safe Drinking Water State Revolving Fund, to add a surcharge to water rates to repay principal and interest, and to provide a sinking fund reserve equal to one year’s debt service.
(Advice Letter 25, filed September 20, 2000)
(Agenda 3051, Item CA-28, 11/21/00; Req - Commission)
CA-48 / A00-08-055 - Southern California Water Company (SCW).
This decision grants SCW’s request for authority to issue and sell $160,000,000 aggregate principal amount of Equity and Debt Securities and for exemption from the Competitive Bidding Rule for the sale of tax-exempt securities and structured transactions. This proceeding is closed.
(Exam Evans)
(Agenda 3051, Item CA-31, 11/21/00; Req - Commission)
CA-49 / A00-06-005 - Southern California Edison Company (SCE).
This decision grants SCE’s request to lease available land at SCE’s Malibu Substation to The Moshe Silagi Family Trust for a parking lot and office facilities. This proceeding is closed.
(Com Bilas - ALJ Wright)
CA-50 / A96-08-058 - Wild Goose Storage, Inc. (WGSI).
For a certificate of public convenience and necessity to construct facilities for gas storage operations. WGSI, a public utility offering gas storage services to the public, seeks modification of Decision 97-06-091 in order to relieve it of certain reporting requirements that it deems inapplicable to its operations. The petition for modification is unopposed. The petition is granted. This proceeding is closed.
(Com Bilas - ALJ Walker)
CA-51 / I99-10-024 - Order Instituting Investigation of USP&C to determine whether it has violated Public Utilities Code Section 2889.9 by failing to provide Commission staff with requested information and whether the Commission should order California Telephone Companies to cease providing billing and collection service to USP&C.
This decision extends statutory deadline for resolving proceeding.
(Com Neeper - ALJ Bushey)
REGULAR AGENDA