Results of Public Agenda 3205

Meeting Held on Thursday, December 20, 2007 10:00 a.m.

San Francisco, California

Michael R. Peevey, President

John A. Bohn

Rachelle B. Chong

Dian M. Grueneich

Timothy Alan Simon

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, January 07, 2008 (San

Francisco)

Thursday, January 10, 2008 (San

Francisco)

Thursday, January 31, 2008 (San

Francisco)

Monday, January 28, 2008 (San

Francisco)

Thursday, February 14, 2008 (San

Francisco )

Friday, February 08, 2008 (San

Francisco)

Monday, February 25, 2008 (San

Francisco)

Thursday, February 28, 2008 (San

Francisco)

Monday, March 10, 2008 (San

Francisco)

Thursday, March 13, 2008 (San

Francisco)

*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.

This location is accessible to people with disabilities.  If specialized accommodations for the disabled

are needed, e.g. sign language interpreters, please call the Public Advisor at (415) 703-2074 or TTY#

(415) 703-5282 or toll free # 1-866-836-7825 three business days in advance of the meeting.

The following items are not subject to public comment:

· All items on the closed session agenda; these are HEX and EX items.

·

1

[7119]

For authority, among other things, to increase rates and charges for electric and gas service effective

on January 1, 2007. I06-03-003 - Related matters. This decision awards The Utility Reform Network

$436,920.55 in compensation for its substantial contributions to D06-06-014 and D07-03-044 and

$27,883.10 in compensation for its substantial contributions to D07-05-058.  These proceedings

remain open.

(Comr Bohn - ALJ Kenney)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

2

[7219]

Ratification of preliminary determination of category for proceedings initiated by application. The

preliminary determinations are pursuant to Rule 7.1 of the Commission's Rules of Practice and

Procedure.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

3

[7124]

This decision finds that for the Record Period January 1, 2006, through December 31, 2006, SCE's

(1) recorded fuel expenses and energy expenses were reasonable, (2) contract administration, dispatch

of generation resources, and related spot market transactions complied with Standard of Conduct

Four in SCE’s Commission approved procurement plan, and (3) SCE’s other operations subject to

Commission review were reasonable.  SCE is authorized to recover the revenue requirement

associated with an under-collection accrued in four memorandum accounts authorized by the

Commission.  This under-collection reflects and passes through to customers only increased costs to

SCE for the services and commodities that it furnishes (Rule 3.2(a)(10)).  Compared to revenue at

present rates as of April 2007, the revenue increase is $4.863 million, or 0.04% in 2008.  An average

residential customer using 700 kilowatt-hours per month in the summer would see an increase of 4¢

per month, from $97.00 to $97.04.  This proceeding is closed.

(Comr Peevey - ALJ Patrick)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

4

[7133]

This resolution approves the Final Report on the Audit of the Oakland Power Plant, performed by the

Electric Generation Performance Branch (EGPB) of the Consumer Protection and Safety Division, and

authorizes public disclosure of the Final Audit Report.  The Final Audit Report (Appendix A to

EGPB-4) is attached to the public version of the Final Resolution.  No formal enforcement action is

recommended.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

5

[7134]

This resolution approves the Final Report on the Audit of the Moss Landing Power Plant, performed

by the Electric Generation Performance Branch (EGPB) of the Consumer Protection and Safety

Division, and authorizes public disclosure of the Final Audit Report.  The Final Audit Report

(Appendix A to EGPB-5) is attached to the public version of the Final Resolution.  No formal

enforcement action is recommended.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

6

[7141]

This decision grants a certificate of public convenience and necessity pursuant to Pub. Util. Code §

1001 to provide limited facilities-based and resold competitive local exchange and interexchange

services, subject to the terms and conditions set forth below.  This proceeding is closed.

(Comr Chong - ALJ Patrick)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

7

[7155]

This resolution adopts a Deaf and Disabled Telecommunications Program (DDTP) Fund surcharge

rate of 0.20% effective January 1, 2008.   This revised surcharge rate shall remain in effect until further

revised by the Commission.  All certificated telecommunications carriers shall assess this DDTP Fund

surcharge rate of 0.20% on their end-user’s billings rendered on January 1, 2008 and thereafter.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

8

[7159]

This resolution adopts a surcharge rate of 0.13% for the California High Cost Fund-A Administrative

Committee Fund effective January 1, 2008.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

9

[7167]

A06-12-020, A07-01-004, A07-01-017, A07-01-044, A07-02-007, A07-02-017, A07-03-004,

A07-05-012,  and A07-05-013 - Related matters.   This decision authorizes Applicant to construct

thirty-six new rail crossings along the proposed Exposition Boulevard Corridor Light Rail Transit Line

in Los Angeles County.  Twenty-six of these crossings will be constructed at-grade, and the other 10

crossings will be grade-separated.  This consolidated proceeding remains open to address

A07-05-013, for a proposed crossing at Farmdale Ave., and to receive further comment on the need

for hearing regarding the proposed crossing at Harvard Blvd. requested in A06-12-020.

(Comr Simon - ALJ Koss)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

10

[7172]

R06-07-010 - Order Instituting Rulemaking to Consider the Annual Revenue Requirement

Determination of the California Department of Water Resources.

At the request of the California Department of Water Resources (DWR), this decision allocates

DWR’s revised 2008 revenue requirement determination, using the allocation methodology adopted in

D05-06-060, to Pacific Gas and Electric Company, San Diego Gas & Electric Company, and

Southern California Edison Company.

(Comr Peevey - ALJ Wong)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

11

[7175]

This resolution finds that an interim bond of $100,000 is sufficient for San Joaquin Valley Power

Authority to post with the Commission as part of its Community Choice Aggregation registration

packet pursuant to D05-12-041.  The methodology for calculating the amount of this bond will be

revisited by the Commission in the near future.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

12

[7178]

A07-06-015 - D. J. Nelson Trust (Applicant) dba Fruitridge Vista Water Company

(Company).

This decision grants Applicant the authority to transfer the Company’s system to Cook Endeavors, a

California corporation, effective immediately.  The Commission finds that the proposed transaction will

not materially affect the Company’s facilities or service, and the Commission therefore concludes that

granting this application would not be adverse to the public interest.  This proceeding is closed.

(Comr Bohn - ALJ Ryerson)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

13

[7179]

This resolution approves a Compensation Agreement between Foresthill and Pac-West Telecomm,

Inc., pursuant to Section 252 of the Telecommunications Act of 1996.  (Advice Letter 279 filed

October 3, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

14

[7180]

This resolution approves a Compensation Agreement between Kerman and Pac-West Telecomm,

Inc., pursuant to Section 252 of the Telecommunications Act of 1996.  (Advice Letter 358 filed

October 3, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

15

[7181]

This resolution approves an Interconnection Agreement between Verizon and Syniverse Technologies,

Inc., pursuant to Section 252 of the Telecommunication Act of 1996.  (Advice Letter 11961 filed

September 27, 2007)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

16

[7182]

This resolution approves a Commercial Mobile Radio Service Interconnection Agreement between

Winterhaven and NTCH-CA, Inc., pursuant to Section 252 of the Telecommunication Act of 1996.

(Advice Letter 194 filed October 9, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

17

[7183]

This resolution approves PG&E’s Advice Letter (AL) seeking authority under Public Utilities Code

Section 851 to sell and convey to the City of Bakersfield certain streetlight facilities in the City.  This

resolution has been prepared pursuant to Res ALJ-202 granting expedited treatment to utility

proposals meeting certain requirements.  (Advice Letter 3080-E filed July 6, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

18

[7184]

This resolution approves PG&E’s Advice Letter (AL) seeking approval under Public Utilities Code

Section 851 to consent to Warren Sauer, L. Sue Sauer, John Edward Greenwood, Beth Greenwood,

and Ryan Sauer (collectively the Grantees)  use of PG&E’s exclusive easement to use, an existing

road, known as Atkins road, as an access road. This resolution has been prepared pursuant to a pilot

program specified in Res ALJ-202 granting expedited treatment to utility proposals meeting certain

requirements.  (Advice Letter 3134-E filed October 10, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

19

[7185]

The Complainant was billed under the wrong tariff.  This decision orders the Complainant's bill be

recomputed under correct tariff.  This proceeding is closed.

(Comr Grueneich - ALJ Barnett)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

20

[7186]

Res T-17126 - Citizens Telecommunications Company of Golden State dba Frontier

Communications of Golden State (Golden State).

This resolution approves Golden State's request to grandfather the 50% employee discount program

associated with the Frontier Choices Residential bundled service offerings.  (Advice Letter 206 filed

October 18, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

21

[7187]

Res T-17125 - Citizens Telecommunications Company of Tuolumne dba Frontier

Communications of Tuolumne (Tuolumne).

This resolution approves Tuolumne's request to grandfather the 50% employee discount program

associated with the Frontier Choices Residential bundled service offerings.  (Advice Letter 193 filed

October 18, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

22

[7188]

The 12-month statutory deadline for resolving this proceeding is extended to March 23, 2008.

(Comr Bohn - ALJ Koss)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

23

[7189]

C07-08-025 - Pac-West Telecomm, Inc. (Complainant) vs. PAETEC Communications, Inc.

(Defendant).

The decision grants the Complainant and Defendants’ joint motion to dismiss C07-08-025 with

prejudice.  This proceeding is closed.

(Comr Simon - ALJ Bemesderfer)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

24

[7191]

This Resolution approves SDG&E’s Advice Letter (AL) 1921-E seeking authority under Public

Utilities Code Section 851 to sell a portion of its distribution facilities on the University of San Diego

Campus to the University.   This resolution has been prepared pursuant to Resolution ALJ-202

granting expedited treatment to utility proposals meeting certain requirements.  (AL 1921-E filed

August 17, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

25

[7195]

C00-05-011 and C00-05-012 - Related matters.   This decision adopts all provisions of the

Settlement Agreement presented by the Defendant and the Grassroots Coalition outlining principles for

the process and reporting by the Defendant on the status of the Playa Del Rey natural gas storage

operations with respect to the effects the operations have on the neighboring community.  These

proceedings are closed.

(Comr Bohn - ALJ Brown)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

26

[7197]

This resolution approves AT&T’s request to sell land located at 7912 Potrero Avenue, El Cerrito,

California.  This resolution is in accordance with provisions of General Order 96-B and Res ALJ-202.

(Advice Letter 30954 filed September 21, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

27

[7198]

To Revise its Electric Marginal Costs, Revenue Allocation, and Rate Design.   This decision adopts an

Addendum to the Supplemental Settlement Agreement on Streetlight Rate Design Issues (Streetlight

Settlement) that was adopted by and appended to D07-09-004.  The Addendum provides PG&E

additional flexibility to implement certain elements of the Streetlight Settlement.

(Comr Chong - ALJ Fukutome)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

28

[7199]

For Authority to Institute a Rate Stabilization Plan with a Rate Increase and End of Rate Freeze

Tariffs.   A00-11-056 and A00-10-028 - Related matters.   This decision awards The Utility Reform

Network $100,104.64 in compensation for its substantial contributions to D02-10-063, D02-11-074,

D02-12-045, D03-02-036, D03-09-018, D03-12-015, D04-01-028, D04-01-049, D04-05-054,

and D04-12-014 regarding the allocation of the California Department of Water Resources’ revenue

requirements.  Application (A) 00-11-038, A00-11-056, A00-10-028 are closed.

(Comr Peevey - ALJ Wong)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

29

[7200]

This decision authorizes Applicants to operate as a passenger stage corporation between points in

Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Solano Counties, on the

one hand, and San Francisco, Oakland, and San Jose International Airports, on the other hand; and to

establish a zone of rate freedom.  This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

30

[7201]

This decision authorizes Applicant to modify its passenger stage corporation operation to include

scheduled service from San Francisco to San Francisco International Airport.  This proceeding is

closed.

(Exam Clark)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

31 (Rev.)

[7202]

Res E-4139 - Pacific Gas and Electric Company (PG&E), Southern California Edison

Company (SCE), and San Diego Gas & Electric Company (SDG&E) (Collectively the

Respondents).

This Resolution authorizes the Respondents' request to modify their respective Energy Resource

Recovery Accounts to record the costs associated with participation in the Western Renewable

Energy Generation Information System. These advice letters are approved.  (PG&E Advice Letter

(AL) 3023-E filed March 30, 2007, AL 3023-E-A filed June 18, 2007, and AL 3023-E-B filed

December 3, 2007); SCE AL 2117-E filed April 10, 2007 and AL 2117-E-A filed June 18, 2007;

SDG&E AL 1189-E filed April 18, 2007 and AL 1189-E-A filed June 18, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

32

[7203]

This resolution approves PacifiCorp’s Advice Letter (AL) 351-E to sell its Goose Creek-Decker

Transmission Line to Basin Electric Power Cooperative.  This resolution has been prepared pursuant

to a pilot program specified in Resolution ALJ-202 granting expedited treatment to utility proposals

meeting certain requirements.  (AL 351-E filed August 27, 2007)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

33

[7204]

This resolution approves PG&E’s Advice Letter (AL) seeking authority under Public Utilities Code

Section 851 to grant the County of Santa Cruz a non-exclusive easement to construct and maintain a

sidewalk for public use within a portion of PG&E electric substation fee property located in the Live

Oak Area in Santa Cruz California.  This resolution has been prepared pursuant to a pilot program

specified in Res ALJ-202 granting expedited treatment to utility proposals meeting certain

requirements.  (AL 3154E filed November 7, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

34

[7206]

Res T-17098 - Citizens Telecommunications Company of California, Inc. dba Frontier

Communications of California (Frontier).

This resolution approves one Interconnection Agreement between  Frontier and MCImetro Access

Transmission Services, LLC, pursuant to Section 252 of the Telecommunications Act of 1996.

(Advice Letter 1003 filed October 30, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

35

[7207]

This resolution approves a Commercial Mobile Radio Service Interconnection Agreement between

Happy Valley and Charter Fiberlink, pursuant to Section 252 of The Telecommunications Act of

1996. (Advice Letter 300 filed October 23, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

36

[7208]

This resolution approves a Commercial Mobile Radio Service Interconnection Agreement between

AT&T and Crossroads Wireless Holding, LLC, pursuant to Section 252 of the Telecommunications

Act of 1996.  (Advice Letter 31284 filed November 7, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

37

[7209]

For approval of the 2006–2008 Energy Efficiency Programs and Budget.   A05-06-011,

A05-06-015, A05-06-016 - Related matters.   This decision awards $ 57,747.43 to The Utility

Reform Network in compensation for its substantial contributions to D05-09-043, including the

post-D05-09-043 compliance phase, D05-11-011, and D06-12-013.  This represents a small

decrease from the requested amount of $58,162.91.  The decrease reflects the Commission's finding

that certain claimed hours did not correspond to work contributing to the resolution of issues in these

decisions. A05-06-004, A05-06-011, A05-06-015, and A05-06-016 are closed.

(Comr Grueneich - ALJ Gottstein)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

38

[7210]

This decision grants an extension pursuant to Public Utilities Code § 1701.2(d) of the twelve-month

deadline for resolution of an adjudicatory proceeding.  The new deadline is July 7, 2008.

(Comr Bohn - ALJ Kolakowski)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

39

[7212]

Expedited application of SDG&E under the Energy Resource Recovery Account (ERRA) Trigger

Mechanism.   This decision requires SDG&E to refund its ERRA overcollection, estimated to be

$55.5 million, to ratepayers starting January 1, 2008.  Application 07-10-007 is closed.

(Comr Simon - ALJ Gamson)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

40

[7213]

This decision grants authority to CSWC to sell and transfer the water system located in Calaveras

County to Cottage Springs Estate, LLC.  This proceeding is closed.

(Exam Kahlon)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

41

[7218]

For an Order Under Section 701 of the Public Utilities Code Granting SDG&E Permission to Use

Financial Energy Commodity Derivative Transactions.   This decision closes Application 97-04-039,

which has become moot with the passage of time.  This proceeding is closed.

(Comr Peevey - ALJ Hecht)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

42

[7221]

A07-10-009 - MobilePro Corp., American Fiber Network, Inc. (AFN) and United Systems

Access, Inc. (USAI) (Collectively the Applicants).

This decision grants the request of the Applicants, pursuant to Public Utilities Code § 854(a), to

consummate a transaction whereby USAI will acquire indirect control of AFN.  Although the

proposed transaction will result in a change of ownership of AFN, no transfer of certificates, assets, or

customers will occur as an immediate consequence of the proposed transaction.  AFN will continue to

provide service to its existing customers pursuant to its authorizations under the same rates, terms, and

conditions.  Accordingly, this transaction will be transparent to the customers of AFN.  This

proceeding is closed.

(Comr Chong - ALJ Patrick)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

43

[7222]

This decision grants the Applicant a certificate of public convenience and necessity pursuant to Pub.

Util. Code § 1001 to provide limited facilities-based and resold competitive local exchange and

interexchange services, subject to the terms and conditions set forth below.  This proceeding is closed.

(Comr Simon - ALJ Patrick)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

44

[7223]

A07-10-010 - ConocoPhillips Pipeline Company (Conoco) and Crimson California Pipeline

L.P. (Crimson) (Collectively the Applicants).

This decision grants the Applicants' request to transfer pipeline assets from Conoco to Crimson.  This

proceeding is closed.

(Comr Simon - ALJ Bemesderfer)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

45

[7226]

This interim decision declares the Applicant to be a common carrier pipeline corporation, and thus a

public utility, subject to the jurisdiction of the Commission.

(Comr Simon - ALJ Ryerson)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)