Public Utilities Commission of the State of California
Public Agenda 3137 
Thursday, August 19, 2004 10:00 a.m. 
San Francisco, California 
 
Commissioners
 
Michael R. Peevey, President
Geoffrey F. Brown
Susan P. Kennedy
Loretta M. Lynch
Carl W. Wood
Scheduled Commission Meetings
505 Van Ness Avenue, San Francisco
For each agenda item, a summary of the proposed action is included; the Commission's decision may,
however, differ from that proposed.
Website:  http://www.cpuc.ca.gov
 
Ratesetting Deliberative Meeting*
Room 5305
(1:30 p.m.)
Closed to the Public
Commission Meeting
Auditorium
(10 a.m.)
Open to the Public
Monday, August 30, 2004 (San
Francisco)
Thursday, August 19, 2004 (San
Francisco)
Thursday, September 02, 2004 (San
Francisco)
Monday, September 20, 2004 (San
Francisco)
Thursday, September 23, 2004 (San
Francisco)
Monday, October 04, 2004 (San
Francisco)
Thursday, October 07, 2004 (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. 
Matters of Public Interest
For the convenience of the public and media representatives, items of widespread public interest will be taken up at the
beginning of the meeting.
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.
For further information contact the Public Advisor
(415) 703-2074     E-mail:  public.advisor@cpuc.ca.gov

Public Agenda 3137
 
Thursday, August 19, 2004
The following items are not subject to public comment:
?#09;All items on the closed session agenda.
?#09;11, 39, 48, 82 
PUBLIC COMMENT
Public Comment:
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.
Consent Agenda - Orders and Resolutions
[3573]
Res TL - 19046
Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374(b) of the
Public Utilities Code.
[3574]
Res ALJ 176-3137
Ratification of preliminary determination 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.
3 (Rev.) 
[3552]
R02-06-041 - Order Instituting Rulemaking to require California natural gas and electric
utilities to preserve interstate pipeline capacity to California.
This decision grants in part and denies in part the motion to accept a late-filed notice of intent (NOI) to
claim compensation by The Utility Reform Network (TURN). This decision denies TURN's
concurrent request for an award of $32,810.41 related to D04-01-047 because TURN did not timely
file its NOI, and its motion comes after the proceeding was closed and more than 17 months after the
due date for the NOI. However, the decision grants compensation in the amount of $12,846.25 for
TURN's work that made a substantial contribution to D02-07-037 and D03-04-061 because no
prehearing conference was held relating to the issues addressed in these decisions. This proceeding is
closed.
(Comr Lynch - ALJ Brown)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.
Agenda 3135, Item 9 6/9/2004 (Staff);
Agenda 3136, Item 4 7/8/2004 (Kennedy)
08/10/2004 - This revision was not shown on the Agenda mailed to the public.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178108
 
2
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
4 (Rev.) 
[3591]
R02-10-001 - Order Instituting Rulemaking on the establishment of a public purpose
program surcharge pursuant to Assembly Bill (AB) 1002.
This decision implements Assembly Bill 1002, establishing a natural gas surcharge to fund public
purpose programs.  This decision addresses matters including customer exemptions, formulas for
calculating surcharge rates, accrual of interest on surcharge revenues, and accounting matters.  The
decision approves, subject to modifications, Pacific Gas and Electric Companyís Advice Letter
2440-G, identifying surcharge balancing accounts. This decision also initiates a public interest research
and development (R&D) program for gas that appoints the California Energy Commission as
administrator, establishes criteria for R&D projects, and sets R&D funding at an initial amount of $12
million for 2004, with the potential for R&D budget increases in later years.  This proceeding is closed.
(Comr Lynch - ALJ DeBerry)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.
Agenda 3136, Item 52 7/8/2004 (Lynch)
08/13/2004 - This revision was not shown on the Agenda mailed to the public.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178352
[3593]
I00-08-002 - Order Instituting Investigation into the functioning of the wholesale electric
market and associated impact on retail rates.
This decision closes this proceeding.
(Comr Wood - ALJ Wetzell)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3136, Item 7 7/8/2004 (Staff)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178104
[3651]
A04-04-033 - Econodial, LLC (Applicant).
This decision grants Applicant a certificate of public convenience and necessity to provide resold and
limited facilities-based local exchange telecommunications services within California. This proceeding is
closed.
(Comr Kennedy - ALJ Galvin)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3136, Item 22 7/8/2004 (Staff)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178340
 
3
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
[3663]
A04-03-033 - California Water Service Company (Cal Water).
This decision authorizes Cal Water to issue $250 million of common shares, preferred shares or debt
securities. Debt issues of $20 million or less are exempted from the Competitive Bidding Rule. This
proceeding is closed.
(Exam Jackson)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3136, Item 27 7/8/2004 (Staff)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177888
[3698]
Res TL-19045
This resolution authorizes designated employees of the Consumer Protection and Safety Division to
exercise the powers of arrest of a peace officer and the power to serve warrants pursuant to Penal
Code ?30.11 and Public Utilities Code ?08.5.
Agenda 3136, Item 46 7/8/2004 (Kennedy)
[3713]
A04-02-030 - PacifiCorp and 2677588 Washington LLC.
This order authorizes PacifiCorp to sell and transfer its interest in the Skookumchuck dam in the State
of Washington to a subsidiary of TransAlta Corporation (TransAlta).  The sole purpose of the
Skookumchuck dam is to meet cooling water requirements of the nearby Centralia Steam Electric
Generating Plant (Centralia Power Plant), which with Commission approval was purchased four years
ago by a subsidiary of TransAlta.  The Centralia Power Plant serves customers in the State of
Washington.  Energy customers of PacifiCorp in California (representing about 2% of PacifiCorpís
business) are expected to benefit from the sale in that income from the dam operations is minimal and
the application forecasts a $200,000 reduction in California revenue requirements.  PacifiCorp will
receive its net book value of the assets being transferred, with no appreciable gain or loss.  This
proceeding is closed.
(Comr Kennedy - ALJ Walker)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178428
10 
[3716]
A02-04-037  - City of Bakersfield.
A02-04-038, A02-04-039, A02-04-040 - Related matters.   This decision authorizes the City of
Bakersfield to construct at-grade railroad crossings over the tracks of the Union Pacific Railroad at
Akers Road, Harris Road, Mountain Vista Drive, and Old River Road. A02-04-037, A02-04-038,
A02-04-039, and A02-04-040 are closed.
(Comr Peevey - ALJ Koss)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
 
4
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
11 
[3717]
I99-10-024 - 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 services to USP&C.
This decision finds that no further Commission proceedings are required against respondents at this
time.  This proceeding is closed.
(Comr Brown - ALJ Bushey)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Adjudicatory.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178423
12 
[3719]
Res T-16848 - SBC California (SBC).
This resolution approves SBC's request to revise its Schedule Cal. P.U.C. No.A-8, to grandfather
Intra-Building Network Cable Service Agreements due to the transitioning to a new billing system that
will be unable to support annual mailings and tracking of this service. (Advice Letter 25024, filed May
24, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175978
13 
[3720]
A04-03-010 - City of Sacramento.
This decision grants the City of Sacramento's request to construct an overhead grade separation of the
Union Pacific Railroad track at Main Avenue in the City and County of Sacramento.  This proceeding
is closed.
(Exam Clark)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=173915
14 
[3721]
Res T-16845 - INFO LINE of San Diego County, Inc. (INFO LINE).
This resolution grants the application of INFO LINE to use the 2-1-1 dialing code for health and
human services information and referral service in San Diego County.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176438
 
5
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
15 
[3723]
A03-11-021 - Pacific Gas and Electric Company (PG&E).
This decision dismisses the unopposed application of PG&E for authority to sublease available land
under Pub. Util. Code ?51.  The decision deems the arrangement between PG&E and Fisher Nickel,
Inc. for Fisher Nickel, Inc. to occupy the Food Service Technology Center, from September 2002
through February 26, 2004, to be a license authorized by General Order 69-C.  This proceeding is
closed.
(Comr Kennedy - ALJ Econome)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
16 
[3725]
A04-01-023 - Preferred Long Distance (Applicant).
This decision grants Applicant  a certificate of public convenience and necessity to provide limited
facilities-based and resold local exchange and limited facilities-based interexchange telecommunications
services.  Applicant was previously authorized to resell interexchange services.  This proceeding is
closed.
(Comr Kennedy - ALJ O'Donnell)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=171119
17 
[3726]
A04-05-006 - SureWest Communications.
This decision grants authority pursuant to Pub. Util. Code ?54(a) for SureWest Communications, the
parent company of SureWest Telephone, to change its state of incorporation from California to
Delaware.  This proceeding is closed.
(Comr Kennedy - ALJ Kenney)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175869
18 
[3727]
A03-12-010 - San Diego Gas & Electric Company (SDG&E).
This decision finds SDG&E's administration of power purchase agreements and procurement of
least-cost dispatch power activities for the period beginning January 1, 2003 and ending September
30, 2003 were reasonable and prudent.  The decision also finds SDG&E's $83.3 million energy
resource recovery account and overcollected balance at September 30, 2003 was reasonable and
prudent. This proceeding is closed.
(Comr Peevey - ALJ Galvin)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
 
6
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
19 
[3728]
A02-11-027 - Comm South Companies, Inc. and Arbros Communications, Inc.
This decision grants prospective authority pursuant to Pub. Util. Code Section 854(a) for the transfer
of control described in A02-11-027.  The request for retroactive authority is denied.  This decision
also orders Comm South Companies, Inc. to pay a fine of $5,000 for violating Section 854.  Finally,
this decision orders an affiliate of the Applicants to submit a compliance filing that discloses whether the
affiliate discontinued service in California without Commission authorization.
(Comr Brown - ALJ Kenney)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
20 
[3729]
R01-08-028 - Order Instituting Rulemaking to examine the Commission's future energy
efficiency policies, administration, and programs.
R01-10-024 - Related matters.   This order denies a petition to modify D03-12-060 and
D04-02-059 filed on March 25, 2004, by Pacific Gas and Electric Company (PG&E) in the
Commission's energy efficiency docket, R01-08-028.  It also denies a substantively identical petition
to modify D03-12-062 filed on March 25, 2004, by PG&E in the Commission's electricity
procurement rulemaking, R01-10-024.
(Comr Kennedy, Comr Peevey - ALJ Malcolm, ALJ Walwyn)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176678
21 
[3731]
Res T-16855 - Verizon California, Inc. (Verizon).
This resolution directs Verizon to file an application to request clarification of Finding of Fact (FOF) 3
in D96-10-037 and FOF 15 in D02-10-040 as to whether developers making contributions in aid of
construction are entitled to refunds of over-collected federal taxes they paid to telecommunications
utilities calculated pursuant to "Method 5" for the period from September 12, 2001 to September 11,
2003.  (Advice Letter 10584, filed August 12, 2003)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178588
22 
[3735]
Res T-16860 - Comcast Phone of California, LLC (Comcast).
This resolution approves Comcast's request to withdraw basic telephone service in the Mission Hub
facility located in the Southeast section of San Francisco, California. (Advice Letter 81, filed May 19,
2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176530
 
7
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
23 
[3736]
A99-12-025 - Valencia Water Company.
For approval of its updated Water Management Program as ordered in Commission Resolution
W-4154 dated August 5, 1999.   This decision awards The Angeles Chapter of Sierra Club
$4,074.18 for its contribution to D01-11-048 and D03-10-063.  This proceeding is closed.
(Comr Brown - ALJ Patrick)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176904
24 
[3737]
A04-02-028 - Southern California Edison Company (SCE).
This decision approves with modifications SCE's petition to modify Resolution E-3843. This
proceeding is closed.
(Exam Clanon)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176903
25 
[3739]
R03-02-035 - Rulemaking for the purpose of amending General Order 156.
This decision awards the Greenlining Institute $31,450.44 in compensation for its substantial
contribution to P02-10-035 and D03-11-024. This proceeding is closed.
(Comr Peevey - ALJ Econome)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176943
26 
[3740]
A04-04-034 - Esodus Communications, Inc. dba INSTATONE (Applicant).
This decision grants Applicant a certificate of public convenience and necessity to provide resold local
exchange telecommunications services within California.  This proceeding is closed.
(Comr Kennedy - ALJ Galvin)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178247
 
8
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
27 
[3741]
A03-02-010 - San Jose Water Company (SJW).
This decision modifies D03-07-013 to permit SJW to issue a letter of credit in lieu of a security interest
in its assets to the Department of Water Resources to support a $2,477,000 Safe Drinking Water
State Revolving Fund loan contract. This proceeding is closed.
(Comr Lynch - ALJ Galvin)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=174587
28 
[3742]
I01-12-008 - Investigation into the operations and practices of companies affiliated with
Enron Corporation, relating to the filing for Chapter 11 bankruptcy of Enron Corp. and its
affiliated entities.
This decision finds that because the Commission has canceled the registrations of all Enron Energy
Service Providers and because billing disputes for direct access customers have been addressed in
other forums, this proceeding should be closed.  Issues concerning market manipulation and financial
improprieties were not part of this investigation. This investigation is closed.
(Comr Wood - ALJ Barnett)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176916
29 
[3747]
A02-11-056 - IP Communications Corporation.
IP Communications Corporation requests revocation of its certificate of public convenience and
necessity. This request was accomplished in a separate Commission resolution. This decision closes
the application as moot.
(Exam Leutza)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176979
30 
[3752]
Res T-16844 - Volunteer Center of Riverside County (VCRC).
This resolution grants the application of VCRC to use the 2-1-1 dialing code for health and human
services information and referral service in Riverside County.  
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177020
 
9
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
31 (Rev.) 
[3753]
I02-04-026 - Order Instituting Investigation into the ratemaking implications for Pacific Gas
and Electric Company (PG&E) pursuant to the Commissionís Alternative Plan for
Reorganization under Chapter 11 of the Bankruptcy Code for PG&E, in the United States
Bankruptcy Court, Northern District of California, San Francisco Division, In re Pacific Gas
and Electric Company, Case No. 01-30923 DM.
This decision awards compensation for substantial contributions to D03-12-035 to the following
intervenors:  Aglet Consumer Alliance in the amount of $126,971.34; California Hydropower Reform
Coalition $255,971.28; Consumers Union of U.S., Inc. $33,465.40; Greenlining Institute $97,230.37;
and The Utility Reform Network in the amount of $866,884.22.
(Comr Peevey - ALJ Cooke)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
08/17/2004 - This revision was not shown on the Agenda mailed to the public.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178179
32 
[3754]
Res T-16861 - SBC California (SBC).
This resolution approves an Interconnection Agreement between SBC and California RSA No. 3
Limited Partnership, dba Golden State Cellular, in accordance with the provisions of General Order
96-A and Resolution ALJ-181. (Advice Letter 25089, filed June 10, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177223
33 
[3755]
Res T-16862 - SBC California (SBC).
This resolution approves an Interconnection Agreement between SBC and Trans National
Communications International, Inc. in accordance with the provisions of General Order 96-A and
Resolution ALJ-181. (Advice Letter 25096, filed June 14, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177224
34 
[3756]
Res T-16859 - Verizon California, Inc. (Verizon).
This resolution approves an Interconnection Agreement between Verizon and Think 12 Corporation,
dba Hello Depot, in accordance with the provisions of General Order 96-A and Resolution ALJ-181.  
(Advice Letter 10875, filed May 26, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177220
 
10
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
35 
[3758]
A04-02-010 - County of Placer.
This decision grants the request of the Department of Public Works, County of Placer to construct a
grade-separated highway-rail crossing, Bickford Ranch Road, using the overburden of Union Pacific
Railroad Company's Clark Tunnel in Placer County. This proceeding is closed.
(Exam Clark)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175184
36 
[3759]
A03-04-034 - City of Long Beach.
This decision grants the request of City of Long Beach to construct an at-grade pedestrian-rail crossing
on Long Beach Boulevard at 12th Street across the northbound and southbound light rail transit tracks
of Los Angeles County Metropolitan Transportation Authority's Los Angeles to Long Beach Metro
Blue Line in Long Beach, Los Angeles County.  This proceeding is closed.
(Exam Clark)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176571
37 
[3760]
A04-04-042 - San Diego Gas & Electric Company (SDG&E).
This decision grants SDG&E's application for authority to enter into a new electric resource contract
with San Diego County Water Authority and adopt proposed cost recovery and ratemaking
mechanism. This proceeding is closed.
(Comr Peevey - ALJ Brown)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178387
38 
[3761]
Res W-4485 - Little Bear Water Company, Inc. (LBWC).
This resolution authorizes LBWC a surcharge to recover an increase in water testing costs producing
an increase in annual revenue of $5,515 or 1.49%.  (Advice Letter 43, filed July 2, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176900
 
11
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
39 
[3762]
I03-10-038 - Investigation on the Commissionís own motion into the operations and practices
of the Conlin-Strawberry Water Co. Inc., and its owner/operator, Danny T. Conlin; Notice of
Opportunity for Hearing; and Order to Show Cause why the Commission should not petition
the Superior Court for a receiver to assume possession and operation of the
Conlin-Strawberry Water Co. Inc. pursuant to the California Public Utilities Code Section
855.
This decision extends the 12-month statutory deadline pursuant to Public Utilities Code Section
1701.2(d) until further order.
(Comr Brown - ALJ Thorson)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Adjudicatory.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177225
40 
[3763]
A04-04-017 - City of Roseville.
This decision grants an extension of the City of Roseville's stationary horn warning system at Yosemite
Street and Tiger Way, until the Federal Train Horn Rule goes into effect, in the City of Roseville,
Placer County. This proceeding is closed.
(Exam Clark)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177194
41 
[3765]
A99-04-048 - Pacific Gas and Electric Company (PG&E).
PG&E seeks to change the terms of its sole-customer facilities sales contract to improve the
protections to PG&E and ratepayers and reduce costs.  The Petition is granted.  This proceeding is
closed.
(Comr Kennedy - ALJ Barnett)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176709
42 
[3766]
Res W-4486 - Toro Water Service, Inc. (Toro).
This resolution authorizes Toro to add a surcharge to recover an increase in water testing costs
producing an increase in annual revenue of $7,572 or 2.38%. (Advice Letter 55, filed May 13, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175257
 
12
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
43 
[3768]
A04-03-036 - Southern California Edison Company (Edison).
This decision approves a settlement resolving litigation between Edison and Inland Paperboard and
Packaging, Inc. (Inland). The settlement reflects a fair compromise of contentious litigation between
Edison and Inland.  This proceeding is closed.
(Comr Peevey - ALJ DeBerry)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=174878
44 
[3772]
A04-05-025 - Parivash Hafezizadeh, dba Atlas Transportation (Applicant).
This decision authorizes Applicant to operate as an on-call passenger stage corporation between
points in Orange County and John Wayne Airport. This proceeding is closed.
(Exam Clark)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177539
45 
[3773]
A04-05-029 - Sea Planes, Incorporated (Applicant).
This decision authorizes Applicant to extend its vessel common carrier service to include the
transportation of passengers and their baggage between the mainland point of Marina del Rey and
Two Harbors on Santa Catalina Island, and between Two Harbors and the City of Avalon, also on
Santa Catalina Island. This proceeding is closed.
(Exam Clark)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177538
46 
[3774]
A04-05-040 - Rajinder Randhawa, dba American Shuttle Express, and Monika Latigue.
This decision authorizes Rajinder Randhawa to transfer his passenger stage corporation certificate to
Monika Latigue. This proceeding is closed.
(Exam Clark)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177540
47 
[3775]
Res W-4487 - Alisal Water Corporation.
This resolution recognizes Dean J. Evans as the state court-appointed receiver of ALCO Water
Service's system.
 
13
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
48 
[3776]
(ECP) C04-04-013 - Ronald E. and Linda L. Scarberry  (Complainants) vs. Pacific Gas and
Electric Company (PG&E).
The Commission denies the request of Complainants, that PG&E be ordered to underground its
overhead electric facilities that were relocated as part of a street widening project.  If undergrounding
is desired, then an underground district should be created pursuant to PG&E's Electric Tariff Rule 20 -
Replacement of Overhead with Underground Electric Facilities.  This proceeding is closed.
(Comr Brown - ALJ Patrick)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Adjudicatory.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178639
49 
[3777]
A04-05-009 - Eagle Broadband (Applicant).
This decision grants Applicant a certificate of public convenience and necessity for authority to provide
limited facilities-based and resold local exchange and interexchange telecommunications services.  This
proceeding is closed.
(Comr Kennedy - ALJ Prestidge)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177165
50 
[3778]
Res W-4488 - Great Oaks Water Company (GOWC).
This resolution authorizes GOWC an increase in annual revenue of $404,184 or 3.75% to offset an
increase in pump tax. (Advice Letter 162-W, filed June 1, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=174152
51 
[3780]
Res T-16869 - Cox California Telcom, LLC dba Cox Communications (Cox).
This resolution approves Cox's request to withdraw basic telephone service in the Laguna Hills facility
located at 25212 Stockport Drive, California.  (Advice Letter 199, filed July 16, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177574
52 
[3781]
Res W-4489 - California Water Service Company (Cal Water).
This resolution authorizes Cal Water a 6-month extension of time, requested on behalf of customer
Joseph Farais, to submit a building permit to retain his water service connection in Cal Water's Coast
Springs Water System.  (Advice Letter 1673, filed June 18, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177628
 
14
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
53 
[3782]
Res W-4490 - Central Camp Water Company, Inc. (CCWC).
This resolution grants CCWC the authority to impose a surcharge to repay a $12,000 short-term loan,
the proceeds of which will be used to complete and bring into operation an additional well authorized
by Resolution W-4118.  (Advice Letter 15, filed July 14, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175191
54 
[3783]
Res W-4491 - Alco Water Service, Salinas District.
This resolution authorizes Alco Water Service, Salinas District to add a surcharge to recover an
increase in water testing costs producing an increase in annual revenue of $67,479.13 or 1.76%.
(Advice Letter 97, filed May 4, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177440
55 
[3787]
A04-05-015 - Del Oro Water Company, Inc. (DOWC).
This decision grants DOWC the authority to borrow up to $100,000 for improvements in its Country
Estates District. The authority to recover costs at this time through a rate base offset is denied without
prejudice. This proceeding is closed.
(Exam Jackson)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=174211
56 
[3788]
R02-01-011 - Order Instituting Rulemaking regarding the implementation of the suspension
of direct access pursuant to Assembly Bill 1X and Decision 01-09-060.
This decision grants the Petition to Modify D03-05-034 filed by SBC Services, Inc. on February 5,
2004.  As requested, the modifications provide express directives for refunds to "continuous" Direct
Access (DA) customers who paid a DA surcharge prior to December 4, 2003.
(Comr Brown, Comr Wood - ALJ Pulsifer)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177000
57 
[3791]
A01-06-003 - Pacific Gas & Electric Company (PG&E).
This decision grants PG&Eís petition for modification of D02-10-019 to delete Ordering Paragraph
15 relieving PG&E of the obligation to file a 2002 revenue adjustment proceeding.
(Comr Brown - ALJ DeBerry)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177141
 
15
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
58 
[3792]
R93-04-003 - Rulemaking on the Commission's own motion to govern open access to
bottleneck services and establish a framework for network architecture development of
dominant carrier networks.
I93-04-002, R95-04-043, I95-04-044 - Related matters. This decision awards the Greenlining
Institute $54,516.47 for its contribution to D02-12-081.
(Comr Brown - ALJ Reed)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177230
59 
[3795]
Res W-4492 - The Sea Ranch Water Company (SRWC).
This resolution authorizes SRWC to secure a loan in the amount of $150,000 to be used for tank
improvement.  (Advice Letter (AL) 67, filed March 19, 2004 and AL 67-A, filed July 1, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=171612
60 
[3799]
R01-10-024 - Order Instituting Rulemaking to establish policies and cost recovery
mechanisms for generation procurement and renewable resource development.
This decision awards intervenor compensation to The Utility Reform Network (TURN) and The
Natural Resources Defense Council (NRDC) for their work in the electric procurement proceeding.
The decision awards $285,191 in compensation to TURN for its contribution to D04-01-050,
D03-12-065, D03-12-062, D03-10-058, Resolutions E-3814, E-3853 and participation in utility
procurement review groups (PRGs) and $37,065 to NRDC for its contribution to D04-01-050,
D03-12-062, D03-06-71, D03-06-067, D02-10-062 and its participation in PRGs.
(Comr Peevey - ALJ Walwyn)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177649
61 
[3805]
A03-12-042 - M. Green and Company (MGC).
This decision grants MGC, receiver appointed by the court, authority to transfer the Curtis Water
Company system to the County of Kings pursuant to Public Utilities Code Section 851.  This
proceeding is closed.
(Exam Jackson)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
62 
[3807]
A04-05-013 - Worldwide Telecommunications, Inc. (Applicant).
This decision grants Applicant authority to provide resold local exchange and interexchange
telecommunications services. This proceeding is closed.
(Comr Kennedy - ALJ Prestidge)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177378
 
16
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Consent Agenda - Orders and Resolutions (continued)
63 (Rev.) 
[3809]
R ___________ - Order Instituting Rulemaking on the Commission's own motion to develop
rules and procedures to preserve the public interest integrity of government financed
funding, including loans and grants, provided to investor-owned water utilities.
08/12/2004 - This revision was not shown on the Agenda mailed to the public.
 
17
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda
Regular Agenda - Energy Orders
64 
[3366]
A99-03-039 - Pacific Gas and Electric Company (PG&E).
This decision concludes the reasonableness review of PG&Eís Safety and Reliability Enhancement
Funds Balancing Account. It allows PG&E to recover a portion of the charges as provided by Pub.
Util. Code ?68(e).  This proceeding is closed.
(Comr Kennedy - ALJ Long)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3132, Item 42 4/22/2004 (Kennedy);
Agenda 3133, Item 40 5/6/2004 (Kennedy);
Agenda 3136, Item 49 7/8/2004 (Brown)
64a 
[3806]
ALTERNATE TO ITEM 3366
This decision resolves Pacific Gas & Electric Company's (PG&E) System Safety and Reliability
Balancing Account.  Pursuant to the provisions of Public Utilities Code Section 368, which was added
to the Code by AB 1890, the electric industry deregulation bill, PG&E was allowed an increase in
base revenues equal to the consumer price index plus 2% for the years 1997 and 1998.  The
additional funds thus acquired were to be spent recovering costs incurred from enhancement of system
safety and reliability.  The Commission approved PG&E's cost recovery plan in 1996 and laid out in
detail the steps PG&E was required to follow in recording the costs in D96-12-077 and D98-12-094.
PG&E seeks approval for approximately $120 million in costs incurred pursuant to Section 368 and
our prior decisions.  The Office of Ratepayer Advocates (ORA) and The Utility Reform Network
(TURN) have filed objections. This decision allows most costs sought by PG&E.  The decision
disallows applications for automated meter readers and meter reader trucks as too remote and
insignificant in their effects on system safety and reliability. The decision also orders PG&E to file a
Catastrophic Event Memorandum Account application to seek recovery of approximately $29 million
in storm and flood-related costs included in this application. This proceeding is closed.
(Comr Brown)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177711
 
18
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Energy Orders (continued)
65 
[3431]
A02-11-017 - Pacific Gas and Electric Company (PG&E).
For authority, among other things, to increase revenue requirements for electric and gas service and to
increase rates and charges to gas service effective on January 1, 2003.  I03-01-012, A02-09-005 -
Related matters. This interim decision addresses Storm and Reliability issues raised in PG&E's Test
Year 2003 General Rate Case.
(Comr Peevey - ALJ Halligan)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3133, Item 42 5/6/2004 (Wood);
Agenda 3134, Item 37 5/27/2004 (Wood);
Agenda 3136, Item 50 7/8/2004 (Brown)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178353
65a 
[3697]
ALTERNATE TO ITEM 3431
This alternate differs from the proposed decision in only one respect. It approves, with modifications,
the Joint Proposal by PG&E/CUE for a reliability performance incentive mechanism.
(Comr Wood)
Agenda 3136, Item 50a 7/8/2004 (Brown)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175097
66 
[3631]
A03-01-019 - Southern California Edison Company (SCE).
For authority to lower and adjust retail electric rates for all customer classes upon completion of full
recovery of procurement related obligations account.   Visalia Senior Housing dba Town Meadows
(Petitioner) seeks modification of D03-07-029, SCEís most recent rate allocation decision on the
ground that although it received its California Alternate Rates for Energy Program (CARE) discount, its
rates increased.  No other customers receiving the CARE discount had a rate increase.  Held:  Petition
denied without prejudice.  Petitioner should present its issue in the current SCE rate allocation
proceeding.  This proceeding is closed.
(Comr Brown - ALJ Barnett)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3136, Item 14 7/8/2004 (Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175880
 
19
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Energy Orders (continued)
66a 
[3802]
ALTERNATE TO ITEM 3631
This alternate decision adopts Visalia's request, and corrects the unintended consequence of the
Procurement Related Obligations Account settlement decision (D03-07-029), which resulted in
increased rates for low-income group living facilities that qualified for the CARE rate.
(Comr Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177762
67 
[3645]
A02-09-043 - Pacific Gas and  Electric Company (PG&E).
This decision grants a CPCN for PG&Eís 230 kV Jefferson-Martin transmission project. The
authorized route is a hybrid combination of the underground Route Option 1B, a portion of PG&Eís
proposed above ground segment, and PG&Eís proposed underground segment with Route Option
4B, subject to alteration of the northern segment based on additional environmental review. This
proceeding is closed.
(Comr Lynch - ALJ TerKeurst)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3136, Item 56 7/8/2004 (Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178636
67a 
[3667]
ALTERNATE TO ITEM 3645
This alternate differs from the proposed decision in that it limits consideration of alternate transmission
routes to routes that already have been reviewed in the Final Environmental Impact Report.  In
addition, the alternate decision accepts the current Commission policy regarding Electric Magnetic
Fields.
(Comr Peevey)
Agenda 3136, Item 56a 7/8/2004 (Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178730
68 
[3699]
R _________ - Order Instituting Rulemaking to update the Commissionís policies and
procedures related to electromagnetic fields emanating from regulated utility facilities.
The Commissionís current policies and procedures in this area predate research findings recently
submitted to the Commission by the California Department of Health Services as well as a decision of
the California Supreme Court concerning the extent of the Commissionís jurisdiction related to
electromagnetic field issues.  This proceeding will reconsider the Commissionís policies and
procedures in light of these events and in light of the utilities?experiences in implementing existing
policy.
Agenda 3136, Item 60 7/8/2004 (Peevey)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178734
 
20
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Energy Orders (continued)
68a 
[3820]
ALTERNATE TO ITEM 3699
This alternate evaluates the results of the Commission's current "low-cost/no-cost" mitigation policy
and the needs for modification.
(Comr Peevey)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178676
69 
[3724]
A00-08-022 - Pacific Gas & Electric Company (PG&E).
This decision grants prospective authority under Section 851 of Pub. Util. Code for the lease
agreement between PG&E and Crockett Generation.  PG&Eís request for retroactive authority is
denied. This proceeding is closed.
(Comr Lynch - ALJ Kenney)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177695
70 
[3732]
A01-07-031 - Pacific Gas & Electric Company (PG&E).
A01-06-043 - Related matters. This decision approves a proposal for resolving these
order-to-show-cause (OSC) proceedings set forth in PG&E's February 13, 2004 motion.  Under the
proposal, the Commission would close these dockets and PG&E would pay the Commission
$55,000.  The decision concludes that in light of the changes PG&E has made since issuance of the
OSCs to its internal procedures for reviewing requests for leases and other matters arising under Pub.
Util. Code ?51 and General Order 69-C, and the Commissionís acceptance of a similar proposal in
D02-04-018, PG&Eís proposal should be adopted.  These proceedings are closed.
(Comr Lynch - ALJ McKenzie)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178269
71 
[3743]
R04-01-025 - Order Instituting Rulemaking to establish policies and rules to ensure reliable,
long-term supplies of natural gas to California.
This decision addresses the Phase I proposals of Southern California Gas Company, San Diego Gas
& Electric Company, Pacific Gas and Electric Company, and Southwest Gas Company.  These
proposals were filed in accordance with this Order Instituting Rulemaking and address interstate
pipeline capacity contracts, liquefied natural gas access, and interstate pipeline access.
(Comr Kennedy, Comr Peevey - ALJ Fukutome, ALJ Wong)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176954
 
21
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Energy Orders (continued)
72 
[3745]
A00-11-038 - Southern California Edison Company.
A00-11-056, A00-10-028 - Related matters.  This decision adopts a cost allocation methodology
that will be applied to the revenue requirement of the California Department of Water Resources for its
power purchases in 2004 and beyond.
(Comr Brown, Comr Lynch - ALJ Allen)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178749
72a 
[3746]
ALTERNATE TO ITEM 3745
A00-11-056, A00-10-028 - Related matters. This alternate decision adopts the same allocation
methodology as the Proposed Decision. Department of Water Resources'  revenue requirement is the
same in this alternate as in the Proposed Decision.  The alternate decision departs from ALJ Allen's
draft decision by describing the $290 million in excess monies the Energy Division has identified DWR
would overcollect given its current revenue requirement.
(Comr Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176953
72b 
[3803]
ALTERNATE TO ITEM 3745
A00-11-056, A00-10-028 - Related matters. This alternate bifurcates the allocation to the utilities of
DWR's 2004 supplemental revenue requirement from the question of a permanent allocation of all
DWR power charges. In this alternate, we continue the 2004 interim allocation, and will consider the
permanent allocation of the DWR revenue requirement in a subsequent decision.
(Comr Peevey)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177785
 
22
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Energy Resolutions and Written Reports
73 
[3544]
Res E-3866
Certification to the Securities and Exchange Commission (SEC) whether the California Public Utilities
Commission has the resources and authority to safeguard the interests of California customers of
PacifiCorp, an indirect utility subsidiary of ScottishPower plc, a holding company registered with the
SEC under the Public Utility Holding Company Act of 1935, as amended (PUHCA or the Act), 15
U.S.C. ßß79a, et seq.
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Agenda 3135, Item 28 6/9/2004 (Lynch);
Agenda 3136, Item 61 7/8/2004 (Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=174068
73a 
[3588]
ALTERNATE TO ITEM 3544
The Commission certifies to the Securities and Exchange Commission (SEC) that the California Public
Utilities Commission has the resources and authority to safeguard the interests of California customers
of PacifiCorp, an indirect utility subsidiary of ScottishPower plc, a holding company registered with the
SEC under the Public Utility Holding Company Act of 1935, as amended (PUHCA or the Act), 15
U.S.C. ßß79a, et seq. pursuant to the conditions imposed.
Agenda 3135, Item 28a 6/9/2004 (Lynch);
Agenda 3136, Item 61a 7/8/2004 (Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178568
74 
[3646]
Res E-3875 - Pacific Gas & Electric Company (PG&E), Southern California Edison
Company (SCE) and San Diego Gas & Electric Company (SDG&E).
PG&E, SCE, and SDG&E request approval of Agency Agreements with the California Department of
Water Resources for the implementation of the California Consumer Power and Conservation
Financing Authority Demand Reserves Partnership Program. (PG&E Advice Letter (AL) 2505-E,
SCE AL 1720-E-A, and SDG&E AL 1512-E-A, filed May 10, 2004)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Agenda 3136, Item 65 7/8/2004 (Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175959
 
23
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Energy Resolutions and Written Reports (continued)
75 
[3738]
Res E-3876 - Sacramento Municipal Utility District (SMUD).
This resolution concludes that SMUD's proposal to annex and include in its sphere of influence the
Sacramento Regional County Sanitation District's Lower Northwest Interceptor South River Pump
Station, located within Pacific Gas and Electric Company's (PG&E's) service territory, will not
substantially impair PG&E's ability to provide adequate service at reasonable rates within the
remainder of its service territory.
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178606
76 
[3744]
Res E-3885 - Southern California Edison Company (SCE).
SCE requests approval for establishing Cool Centers in its service territory during the summer of 2004
and recovery of Cool Center-related costs. Request granted as modified. (Advice Letter 1806-E, filed
June 16, 2004)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
77 
[3796]
Res E-3884 - San Diego Gas & Electric Company (SDG&E).
SDG&E requests Commission approval of a new renewable energy contract with a wind energy
facility. (Advice Letter 1596-E, filed June 15, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178206
77a (Rev.) 
[3830]
ALTERNATE TO ITEM 3796
Alternate Draft Resolution E-3884 grants SDG&E's request to enter into a bilateral contract with a
new wind developer.
(Comr Peevey)
08/13/2004 - This item was not listed on the agenda distributed to the public.
08/13/2004 - This revision was not shown on the Agenda mailed to the public.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178377
78 
[3797]
Res E-3883 - San Diego Gas & Electric Company (SDG&E).
SDG&E is requesting an extension of the online start date for a wind energy contract previously
adopted under Resolution E-3803. (Advice Letter 1594-E, filed May 21, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178201
 
24
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Energy Resolutions and Written Reports (continued)
78a (Rev.) 
[3828]
ALTERNATE TO ITEM 3797
Alternate Draft Resolution E-3883 grants approval of San Diego Gas and Electricís request for a
deferment of the online requirement date of December 31, 2003, to June 30, 2005, for a wind power
contract originally authorized under Commission Resolution E-3803.
(Comr Peevey)
08/13/2004 - This item was not listed on the agenda distributed to the public.
08/13/2004 - This revision was not shown on the Agenda mailed to the public.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178375
79 
[3798]
Res E-3886 - San Diego Gas & Electric Company (SDG&E).
SDG&E requests expedited approval to adopt proposed summer demand response reduction
program. (Advice Letter 1597-E, filed July 12, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177709
80 
[3800]
Res E-3888 - Southern California Edison Company (SCE) and California Independent
System Operator.
SCE and the California Independent System Operator submit for filing the Local Area Reliability Unit
Commitment and Dispatch Procedure developed pursuant to D04-07-028.  (SCE Advice Letter
1813-E, filed July 26, 2004)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178222
 
25
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Telecommunication Orders
81 
[2636]
R01-09-001 - Order Instituting Rulemaking on the Commissionís own motion to assess and
revise the new regulatory framework for Pacific Bell (Pacific) and Verizon California
Incorporated.
I01-09-002 - Related matters.    This proposed decision addresses Phase 2B audit issues. The
proposed decision sustains most of the findings of an audit of Pacific's intrastate financial results for the
period 1997-1999 that were considered during Phase 2B. Despite the audit adjustments, this decision,
read in combination with the findings reached by the Commission in Phase 2A of this proceeding, does
not increase Pacific's earnings to a level requiring it to make refunds to its ratepayers.
(Comr Kennedy - ALJ Thomas)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3123, Item 40 11/13/2003 (Staff);
Agenda 3125, Item 70 12/18/2003 (Staff);
Agenda 3126, Item 57 1/8/2004 (Kennedy);
Agenda 3129, Item 31 2/26/2004 (Wood);
Agenda 3131, Item 39 4/1/2004 (Staff);
Agenda 3134, Item 45 5/27/2004 (Staff);
Agenda 3135, Item 30 6/9/2004 (Kennedy);
Agenda 3136, Item 68 7/8/2004 (Peevey)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=174066
 
26
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Telecommunication Orders (continued)
81a (Rev.) 
[2637]
ALTERNATE TO ITEM 2636
I01-09-002 - Related matters.  This alternate resolves Phase 2B audit issues.  This alternate, read in
combination with the findings in D04-02-063, does not increase Pacificís earnings to a level requiring it
to make refunds to its ratepayers.  The alternate proposed decision accepts Pacificís claim of
lawyer-client confidentiality concerning certain information, but prohibits the booking of contingent
liability accruals that rely on that information.  The alternate proposed decision denies Pacificís request
to recover audit costs because of its failure to cooperate with the audit.  The alternate orders
corrections to the regulatory accounts concerning the booking of Local Number Portability costs and
reducing the levels of authorized ďCash Working Capital.?nbsp; The alternate also orders Pacific to make
other error-correcting adjustments, with the timing of the adjustments consistent with GAAP (which
was previously adopted by this Commission to guide telecommunications accounting).
(Comr Kennedy)
Agenda 3123, Item 40a 11/13/2003 (Staff);
Agenda 3125, Item 70a 12/18/2003 (Staff);
Agenda 3126, Item 57a 1/8/2004 (Kennedy);
Agenda 3129, Item 31a 2/26/2004 (Wood);
Agenda 3131, Item 39a 4/1/2004 (Staff);
Agenda 3134, Item 45a 5/27/2004 (Staff);
Agenda 3135, Item 30a 6/9/2004 (Kennedy);
Agenda 3136, Item 68a 7/8/2004 (Peevey)
08/13/2004 - This revision was not shown on the Agenda mailed to the public.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177162
 
27
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Telecommunication Orders (continued)
82 
[3199]
I02-06-003 - Investigation on the Commissionís own motion into the operations, practices,
and conduct of Pacific Bell Wireless LLC dba Cingular Wireless and related entities
(collectively Cingular) to determine whether Cingular has violated the laws, rules and
regulations of this State in its sale of cellular telephone equipment and service and its
collection of an early termination fee and other penalties from customers.
This modified decision finds that Cingularís corporate practice and policy from January 2000 to April
31, 2002 violated (1) Pub.Util.Code ?51 and D95-04-028 because it allowed no trial of its wireless
service and prohibited early termination of wireless service contracts unless the customer paid an early
termination fee of $150 or more, even though testing wireless service by using the phone is the best
way for a customer to ascertain whether the service meets his or her needs, and (2) violated ßß451,
702 and 2896 and D95-04-028 because it failed to disclose known network problems during 2001
and, in spite of these problems, continued to prohibit refunds/returns and require early termination fees
for early cancellation of wireless service contracts.  Decision orders a penalty of $12,140,000 and
requires reparations to customers.  This modified decision addresses the issues raised by the
Commission's Consumer Protection and Safety Division, Utility Consumers Action Network, and
Cingular in their appeals to the Presiding Officerís Decision filed October 9, 2003.  This proceeding is
closed.
(Comr Wood - ALJ Vieth)
Pub. Util. Code ?1701.2(c), allows this modified Presiding Officerís Decision to be considered
in Closed Session.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Adjudicatory.
Agenda 3128, Item 48 2/11/2004 (Kennedy);
Agenda 3131, Item 45 4/1/2004 (Kennedy);
Agenda 3133, Item 50 5/6/2004 (Staff);
Agenda 3134, Item 47 5/27/2004 (Peevey);
Agenda 3136, Item 69 7/8/2004 (Peevey)
82a 
[3815]
ALTERNATE TO ITEM 3199
PROPOSED ORDER OF COMMISSIONER KENNEDY DIFFERENT FROM PRESIDING
OFFICER'S DECISION - This decision finds that Cingular Wireless committed one violation of
Section 451 of the Public Utilities Code by unreasonably including a substantial early termination fee it
its long-term contracts without including a grace period in which a customer could try out a new
cellular telephone. The decision orders Cingular to refund early termination fees to (1) all customers
who paid such fees within 14 days of entering a contract in the period from January 1, 2000 to May 1,
2002 and (b) all customers who paid such fees during the period February 1, 2001 through April 30,
2001. The decision also fines Cingular $890,000, equal to $10,000 per day for each day from
February 1, 2001 through April 30, 2001, a period in which Cingular knowingly failed to disclose
serious network problems and continued to aggressively market its services. This decision is final.
(Comr Kennedy)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=177920
 
28
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Telecommunication Orders (continued)
83 
[3523]
A01-02-024 - AT&T Communications of California, Inc. and WorldCom, Inc.
A01-02-035, A02-02-031, A02-02-032, A02-02-034, A02-03-002 - Related matters.   This
decision adopts revised monthly recurring unbundled network element (UNE) rates for several UNEs
that Pacific Bell Telephone Company dba SBC-California sells to competitive local exchange carriers.  
The UNEs for which revised monthly recurring rates are adopted are loops (including 2-wire, DS-1
and DS-3), switching, dedicated transport, signaling system 7 (SS7) links, and the DS-3 entrance
facility without equipment.  The rates in todayís order replace interim rates for loops and switching that
were set in D02-05-042 and replace rates for other UNEs originally adopted in D99-11-050.  This
order adopts a statewide average 2-wire loop rate of $12.92 and a flat rate for switching usage of
$2.64 per port.  These rates result in a UNE-Platform rate of $16.90 per month.  The Commission
sets these rates based on the average of the results of the models proposed by SBC-CA and the HAI
Model, Version 5.3, proposed by AT&T Communications of California and WorldCom, Inc.  An
average of the two competing models is used based on the finding that both models are flawed.  These
proceedings are closed.
(Comr Wood - ALJ Duda)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
This matter may be considered during the Ratesetting Deliberative Meeting.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3135, Item 33 6/9/2004 (Peevey);
Agenda 3136, Item 70 7/8/2004 (Staff)
83a 
[3524]
ALTERNATE TO ITEM 3523
A01-02-035, A02-02-031, A02-02-032, A02-02-034, A02-03-002 - Related matters.   This
alternate decision adopts revised monthly recurring unbundled network element (UNE) rates for
several UNEs that Pacific Bell Telephone Company dba SBC-California sells to competitive local
exchange carriers.  The alternate adopts a statewide average 2-wire loop rate of $13.26 and a flat rate
for switching usage of $2.77 per port.  These rates result in a UNE-Platform rate of $17.38 per
month.  The rates are based on the average of the results of the models proposed by SBC-CA and the
HAI Model, Version 5.3, proposed by AT&T Communications of California and WorldCom Inc.  An
average of the two competing models is used based on the finding that both models are flawed.  This
alternate incorporates inflation factors into the SBC-CA model and it assumes the use of 60%
Integrated Digital Loop Carrier equipment as a modeling input.
(Comr Wood)
Agenda 3135, Item 33a 6/9/2004 (Peevey);
Agenda 3136, Item 70a 7/8/2004 (Staff)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=172182
 
29
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Telecommunication Orders (continued)
84 
[3652]
R03-08-018 - Order Instituting Rulemaking to review policies concerning intrastate carrier
access charges.
This order resolves several policy questions with regard to intrastate access charges, their levels and
impact on California long distance markets. The Commission opened this rulemaking in response to the
petition of AT&T Communications of California, Inc. (AT&T). The term "access charges" refers to
charges imposed by local exchange carriers (LECs) such as Pacific Bell Telephone Company on
interexchange carriers (IEC) such as AT&T for using the LEC's local exchange network.
Interexchange carriers use this switched access to originate and terminate long distance calls to the vast
majority of California residential and business customers.
(Comr Peevey - ALJ Malcolm)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=174721
 
30
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Water/Sewer Orders
85 
[3683]
A02-11-057 - Point Arena Water Works, Inc.
This decision approves the rate case stipulation and decides the one remaining issue.  This proceeding
is closed.
(Comr Wood - ALJ Bushey)
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3136, Item 42 7/8/2004 (Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178103
85a 
[3811]
ALTERNATE TO ITEM 3683
This alternate decision finds that the statute of limitations was tolled and that customers are entitled to
refunds for the entire overcharge period.
(Comr Lynch)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178668
86 
[3730]
A03-10-057 - Southern California Water Company.
This decision approves Stipulation between the utility and the Commission's Office of Ratepayer
Advocates that proposes a small rate increase in 2004 for three Region 1 customer service areas
(Arden-Cordova, Bay Point, and Ojai) following a "mini" general rate case review; permits requests,
by advice letter, to amortize 2004 supply expenses for the other Region 1 customer service areas;
addresses issues stemming from changes in the wholesale water supply costs in the Simi Valley
customer service area; and defers issues concerning amortization of litigation costs attributable to the
Arden-Cordova contamination litigation to Phase 2 of this proceeding.
(Comr Peevey - ALJ Vieth)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
87 
[3733]
A03-10-006 - Southern California Water Company (SCWC).
This decision approves a comprehensive settlement agreement entered into by SCWC and the
Commissionís Office of Ratepayer Advocates that resolves all issues in SCWCís general rate case
application for Region II, its Metropolitan District.  The impact of the settlement on the average
monthly bill for potable water (ME-1 tariff) is approximately $2.12 in 2004, $3.31 in 2005 and $3.62
in 2006.  Among other things, SCWC will implement a six-year phase-in of increases in the rate for
recycled water (ME-3 tariff) to return it to 70% of the potable water rate by 2009.
(Comr Wood - ALJ Vieth)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=178184
 
31
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Water/Sewer Orders (continued)
88 
[3734]
A03-05-035 - San Jose Water Company (SJWC).
This decision adopts the SJWC and Office of Ratepayer Advocates settlement and grants SJWC
authority to increase rates by $11,773,000 for 2004; $4,283,000 for 2005; and $4,245,000 for
2006. It does not adopt additional funding for water main relocation projects as requested by the
Santa Clara Valley Transportation Authority.  This proceeding is closed.
(Comr Lynch - ALJ Fukutome)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=176877
 
32
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Water/Sewer Resolutions and Reports
89 
[3600]
Res W-4477 - California Water Service Company (CWSC).
CWSC - Bakersfield, Bear Gulch, Chico, Dixon, Dominguez-South Bay, East Los Angeles,
Hermosa-Redondo, King City, Livermore, Los Altos, Marysville, Mid-Peninsula, Salinas, Selma,
South San Francisco, Stockton, Palos Verdes, Westlake, Willows, Visalia Districts - Resolution
recording status of reserve account recovery filings and results of earnings tests.  (Advice Letter (AL)
1622 and AL 1624, filed March 25, 2004, and AL  1642, AL 1643, AL 1647, AL 1648, AL 1649,
and AL 1650, filed April 1, 2004)
Agenda 3135, Item 17 6/9/2004 (Staff);
Agenda 3136, Item 9 7/8/2004 (Staff)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175348
 
33
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Other Utility Orders
90 
[3641]
R03-08-019 - Order Instituting Rulemaking on the Commissionís own motion to amend
General Order 77-K.
This decision adopts General Order (GO) 77-L. GO 77-L supersedes GO 77-K with revised rules
for filing utility employee compensation data. The joint petition of Pacific Gas and Electric Company
and the Greenlining Institute/Latino Issues Forum to modify the rulemaking is granted to the extent of
expanding the scope of the rulemaking, as described in the order.
(Comr Wood - ALJ Koss)
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.
Agenda 3136, Item 71 7/8/2004 (Staff)
91 
[3812]
R_________ - Order Instituting Rulemaking on the Commissionís own motion for the
purpose of considering policies and guidelines regarding the allocation of gains from sales of
energy, telecommunications and water utility assets.
This order initiates an Order Instituting Rulemaking on the Commission's own motion to consider
policies and guidelines regarding the allocation of the gains from sales of utility assets. The primary
purpose of this proceeding is to set forth clear rules regarding who ?the utilityís investors or the
ratepayers ?receives the capital gains realized upon the disposition of utility property.  The
Commission will consider in this Rulemaking assets sold by electric and gas utilities, certain
telecommunications carriers, and water utilities.
Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.
 
34
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Other Utility Resolutions and Reports
92 
[3354]
Res ALJ 184
This resolution adopts an annual process for setting and updating hourly rates for use by intervenors in
seeking compensation for substantially contributing to a Commission decision, as provided in the
statutory intervenor funding program.  The hourly rates that the Commission establishes through this
process will govern intervenors and their representatives who have recently participated in Commission
proceedings, and will provide guidance to other intervenors and representatives.
Pub. Util. Code ?311 ?This item was mailed for Public Comment.
Agenda 3132, Item 61 4/22/2004 (Staff);
Agenda 3133, Item 61 5/6/2004 (Wood);
Agenda 3134, Item 58 5/27/2004 (Wood);
Agenda 3135, Item 42 6/9/2004 (Peevey);
Agenda 3136, Item 78 7/8/2004 (Brown)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175482
 
35
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Legislative Matters
93 
[3704]
AB 1647 (Horton)
Public water systems:  mutual water companies:  grant funds.
Agenda 3136, Item 81 7/8/2004
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=175983
94 
[3612]
SB 909 (Machado)
Public water systems:  mutual water companies:  grant funds.
Agenda 3135, Item 57 6/9/2004 (Staff);
Agenda 3136, Item 86 7/8/2004 (Staff)
http://www.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=174204
 
36
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Commissioner's Reports
95 
[3659]
President Peevey Report
Discussion of and action on the Electric Retail Market Reform Policy Statement, proposed by a
subcommittee of the Energy Resources Conservation and Development Commission, the Consumer
Power and Conservation Financing Authority, and the PUC. The Policy Statement articulates the basic
framework of a core/noncore retail electric market structure that the three agencies can support before
the Legislative and Executive Branches.
Agenda 3136, Item 90 7/8/2004 (Peevey)
 
37
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Regular Agenda - Management Reports and Resolutions
 
38
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session
This notice is furnished under Government Code Sections 11125 and 11126.3.  The Commission
will meet in Closed Session following the Public Session of its regularly scheduled meeting.  In
the Closed Session, the Commission may consider personnel matters as provided under
Government Code Section 11126(a), institution of proceedings or disciplinary actions against any
person or entity under the jurisdiction of the Commission as provided under Government Code
Sections 11126(d)(2) and 11126(e)(2)(C)(i), and pending litigation as provided under Government
Code Section 11126(e).  Additional items may be added to the closed session agenda pursuant to
Gov. Code Section 11126.3(d).  If in Closed Session the Commission votes to appoint, employ, or
dismiss a public employee, the Commission will thereafter reconvene in Open Session to make the
disclosures required by Government Code Sections 11125.2 and 11126.3(f).
Closed Session - Non-Federal
96 
[3575]
Conference with Legal Counsel - Applications for Rehearing
Compilation of applications for rehearing recently filed with the Commission.
Gov. Code ?11126(e)(2)(B)(i), allows this item to be considered in Closed Session.
97 
[3601]
C98-04-004 - Conference with Legal Counsel - Application for Rehearing
C98-06-003; C98-06-027; C98-06-049; I90-02-047 - Related matters.   Disposition of
Applications for Rehearing of D03-11-021 filed by The Latino Issues Forum (LIF), The Utility Reform
Network, and SBC California.  On November 13, 2003, the Commission issued D03-11-021,
awarding intervenor compensation to The Greenlining Institute and LIF for its contribution to
D01-09-058.
Gov. Code ?11126(e)(2)(B)(i), allows this item to be considered in Closed Session.
Agenda 3136, Item 97 7/8/2004 (Staff)
98 
[3606]
A02-12-027 - Conference with Legal Counsel - Application for Rehearing
A02-12-028, I03-03-016 - Related matters.   Disposition of the application for rehearing of
D03-12-058 filed by Southern California Edison Company (SCE).  D03-12-058 found Local 483
Utility Workers Union of America eligible for intervenor compensation under Chapter 9, Article 5,
Section 1801, et seq., of the Public Utilities Code.
Gov. Code ?11126(e)(2)(B)(i), allows this item to be considered in Closed Session.
Agenda 3135, Item 66 6/9/2004 (Staff);
Agenda 3136, Item 98 7/8/2004 (Wood)
 
39
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session - Non-Federal (continued)
99 
[3684]
R01-08-028 - Conference with Legal Counsel - Application for Rehearing
Disposition of Applications for Rehearing of Decision D03-12-060 filed by Womenís Energy Matters
(WEM), Residential Energy Service Companies?United Effort (RESCUE), and joint application of
Consortium for Energy Efficiency, Inc. et al. R01-08-028 examines the Commissionís future energy
efficiency policies, administration and programs. D03-12-060 is an interim opinion adopting funding for
the 2004-2005 energy efficiency programs and studies. D03-12-060 was modified in part by
D04-02-059.
Gov. Code ?11126(e)(2)(B)(i), allows this item to be considered in Closed Session.
Gov. Code ?11126.3(d), allows this item to be considered in Closed Session.
Agenda 3136, Item 102 7/8/2004 (Staff)
100 
[3695]
R03-09-006 - Conference with Legal Counsel - Application for Rehearing
Disposition of Application of AT&T Wireless Services of California, LLC, Pacific Bell Wireless, LLC
dba Cingular Wireless, Nextel of California, Inc., Sprint Spectrum S.P. d/b/a Sprint, Omnipoint
Communications, Inc. dba T-Mobile, and Verizon Wireless apply for rehearing of D04-04-038.
D04-04-038 resolves petitions to excuse utilities from the list of Respondents to a Rulemaking to
consider rules governing utility construction contract process.
Gov. Code ?11126(e)(2)(B)(i), allows this item to be considered in Closed Session.
Agenda 3136, Item 103 7/8/2004 (Staff)
101 
[3769]
R00-02-004 - Conference with Legal Counsel - Application for Rehearing
Disposes of the motions for stay and/or applications for rehearing of Decision D04-05-057, which
adopts General Order G.O. 168, Rules Governing Telecommunications Consumer Protection. Four
applications for rehearing were filed by Nextel California, Inc (Nextel), AT&T Wireless et al.(Joint
Carriers), and the Wireline Group. The Wireline Group filed two applications, one solely concerning
issues of timing and implementation, and one on substantive legal issues. Rehearing applicants allege
that the provisions and the adoption of G.O. 168 are preempted, unconstitutional, and in violation of
state law. Applicants also assert that the time allowed for implementation is impracticable and not
supported by the record. Nextel, Joint Carriers, and the Wireline Group also each filed motions to stay
D04-05-057.
Gov. Code ?11126(e)(2)(B)(i), allows this item to be considered in Closed Session.
102 
[3784]
A04-06-007 - Conference with Legal Counsel - Application for Rehearing
Disposition of Application of Midway Heights County Water District for rehearing of Commission
Resolution W-4473 that granted the Weimar Water Company a general rate increase of 63% in 2004.
Gov. Code ?11126(e)(2)(B)(i), allows this item to be considered in Closed Session.
 
40
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session - Non-Federal (continued)
103 
[3794]
A03-08-014 - Conference with Legal Counsel ?Application for Rehearing
Disposition of the applications for rehearing of D04-01-051 filed by Santa Clarita Organization for
Planning the Environment and Sierra Club jointly with Friends of the Santa Clara River.  D04-01-051
conditionally approved indirect control of Valencia Water Company from Newhall Land and Farming
Company to Lennar Corporation and LNR Property Corporation.
Gov. Code ?11126(e)(2)(B)(i), allows this item to be considered in Closed Session.
 
41
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session - Initiation of Litigation - Non-Federal
Consideration of possible Commission initiation of, or intervention in, litigation.
Gov. Code ?11126(e)(2)(C)(i), allows this item to be considered in Closed Session.
104 
[3722]
Conference with Legal Counsel  - Initiation of Enforcement Proceeding
Deliberation on institution of proceeding on disciplinary actions against person or entities subject to
Commissionís jurisdiction. (Disclosure of case name would fail to protect the private economic or
business reputation of the person or entity if the proceeding or disciplinary action is not commenced.)
Gov. Code ?11126(e)(2)(C)(i), allows this item to be considered in Closed Session.
Gov. Code ?11126(d)(2), allows this item to be considered in Closed Session.
105 
[3757]
Conference with Legal Counsel   - Initiation of Enforcement Proceeding
Deliberation on institution of proceeding on disciplinary actions against person or entities subject to
Commissionís jurisdiction. (Disclosure of case name would fail to protect the private economic or
business reputation of the person or entity if the proceeding or disciplinary action is not commenced.)
Gov. Code ?11126(e)(2)(C)(i), allows this item to be considered in Closed Session.
Gov. Code ?11126(d)(2), allows this item to be considered in Closed Session.
106 
[3779]
Conference with Legal Counsel  - Initiation of Enforcement Proceeding
Deliberation on institution of proceeding on disciplinary actions against person or entities subject to
Commissionís jurisdiction. (Disclosure of case name would fail to protect the private economic or
business reputation of the person or entity if the proceeding or disciplinary action is not commenced.)
Gov. Code ?11126(e)(2)(C)(i), allows this item to be considered in Closed Session.
Gov. Code ?11126(d)(2), allows this item to be considered in Closed Session.
107 
[3808]
Conference With Legal Counsel  - Initiation of Enforcement Proceeding
Deliberation on institution of proceeding on disciplinary actions against person or entities subject to
Commissionís jurisdiction.  (Disclosure of case name would fail to protect the private economic or
business reputation of the person or entity if the proceeding or disciplinary action is not commenced.)
Gov. Code ?11126(e)(2)(C)(i), allows this item to be considered in Closed Session.
Gov. Code ?11126(d)(2), allows this item to be considered in Closed Session.
 
42
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session - Threatened Litigation - Non-Federal
Significant exposure to litigation
Gov. Code ?11126(e)(2)(B), allows this item to be considered in Closed Session
 
43
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session - Personnel Matters
Consideration of appointment, employment, evaluation of performance, or dismissal of a public
employee or to hear complaints or charges brought against that employee by another person or
employee.
Gov. Code ?11126(a), allows this item to be considered in Closed Session
 
44
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session - Threatened Litigation - Federal
Significant exposure to litigation in federal agency or court proceedings.
Gov. Code ?11126(e)(2)(B), allows this item to be considered in Closed Session
 
45
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session - Initiation of Litigation - Federal
Consideration of possible Commission initiation of, or intervention in, federal agency or court
proceedings.
Gov. Code ?11126(e)(2)(C)(i), allows this item to be considered in Closed Session.
 
46
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session - Federal
108 
[3576]
Case Nos. C 04-00580 VRW (Bankruptcy Case No. 01 30923 DM) - Conference with Legal
Counsel - Existing Litigation
Loretta Lynch vs. California Public Utilities Commission, Pacific Gas and Electric Company (Debtor),
U.S. District Court for the Northern District of California, Case No. C 04-00580 VRW; Pacific Gas
and Electric Company (Debtor), United States Bankruptcy Court, Northern District of California, San
Francisco Division, Case No. 01 30923 DM.   
Gov. Code ?11126(e)(2)(A), allows this item to be considered in Closed Session.
 
47
8/18/2004 3:52 pm

Public Agenda 3137
 
Thursday, August 19, 2004
Closed Session - FERC Docket No. EL00-95-000
Conference with Legal Counsel - Existing Litigation; San Diego Gas & Electric Co., EL00-95-000
 
Gov. Code ?11126(e)(2)(A), allows this item to be considered in Closed Session.
 
48
8/18/2004 3:52 pm