Results of Public Agenda 3149

Meeting Held on Thursday, March 17, 2005 10:00 a.m.

San Francisco, California

Michael R. Peevey, President

Geoffrey F. Brown

Dian M. Grueneich

Susan P. Kennedy

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, May 02, 2005 (San

Francisco)

Thursday, April 21, 2005 (San

Francisco)

Thursday, May 05, 2005 (San

Francisco)

Monday, May 23, 2005 (San

Francisco)

Thursday, May 26, 2005 (San

Francisco)

Monday, June 13, 2005 (San

Francisco)

Thursday, June 16, 2005 (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

[4238]

Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374(b) of the

Public Utilities Code.

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

2

[4239]

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.

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

3

[4199]

I04-07-003 - Order Instituting Investigation and Order to Show Cause on the Commission's

own motion into the operations and practices of Fan Ding (aka Ding Fan or Lisa Ding), an

individual doing business as Lucky Moving Co., Lucky Movers, Jixiang Moving Co.,

Northam Immigration Services, and Northman Immigration Service.

This decision approves a settlement between Respondent Fan Ding and the Commission's Consumer

Protection and Safety Division in resolution of allegations of violations of laws and regulations

respecting household goods carriers. This proceeding is closed.

(Comr Kennedy - ALJ Yacknin)

Agenda 3146, Item 9 1/27/2005 (Staff);

Agenda 3147, Item 10 2/10/2005 (Staff)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

4

[4234]

A03-10-018, A03-10-019, A03-10-020, A03-10-021, A03-10-031 - Related matters.  This

decision adds language to D04-09-038 expressly approving assigned Administrative Law Judge's

March 2, 2004 Ruling that was entitled to interim rate increase for South San Francisco and

Bakersfield districts for period of July 1 - September 29, 2004.  This proceeding is closed.

(Comr Kennedy - ALJ Thorson)

Agenda 3147, Item 16 2/10/2005 (Staff);

Agenda 3148, Item 10 2/24/2005 (Staff)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

5

[4278]

This decision finds it reasonable for CalWater to continue to operate wells in the East Los Angeles

District when those wells test above the Department of Health Services (DHS) Drinking Water

Notification Level for 1,4 Dioxane but below the DHS recommended Respond Level. This proceeding

is closed.

(Comr Brown - ALJ McVicar)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

6

[4281]

This resolution approves the Consumer Protection and Safety Division Rail Transit Safety Section

(RTSS) final audit report titled, "TRIENNIAL ON-SITE SAFETY AUDIT OF THE LOS

ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA),"

dated January 14, 2005. LACMTA is ordered to implement the recommendations contained in the

report and to provide bimonthly progress reports to the RTSS.

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

7

[4287]

I04-07-005 - Investigation on the Commission's own motion into the operation and practices

of Vycera Communications, Inc. and its officers and primary shareholders, Derek M.

Gietzen and Thalia R. Gietzen, to determine whether respondents have violated the laws,

rules and regulations governing the manner in which California consumers are switched from

one telephone carrier to another and billed for telephone products or services.

This decision approves Settlement Agreement imposing fine and creating probationary period. This

proceeding is closed.

(Comr Brown - ALJ Bushey)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

8

[4288]

R03-02-034 - Order Instituting Rulemaking into implementation of Assembly Bill 140,

establishing the Rural Telecommunications Infrastructure Grant Program.

This decision closes this proceeding after finalizing grant program administration rules for the Rural

Telecommunications Infrastructure Grant Program. This proceeding is closed.

(Comr Peevey - ALJ Grau)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

9

[4289]

This decision adopts a 2005 Energy Resource Recovery Account revenue requirement forecast of

$3.16 billion for SCE. SCE is authorized to defer and consolidate the implementation of the revenue

requirement charge authorized in this order with its 2005 California Department of Water Resources

power charge revenue requirement. This proceeding is closed.

(Comr Peevey - ALJ Galvin)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

10

[4305]

C04-07-043 - James E. and Patricia C. Watkins vs. MCI-Metro Access Transmission

Services (MCI/WORLDCOM), Inc.

This decision dismisses complaint for failure to state a claim upon which relief can be granted. This

proceeding is closed.

(Comr Grueneich - ALJ Bushey)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

11

[4306]

This resolution grants conditional approval of VCI Company's request to be designated as an Eligible

Telecommunications Carrier, orders VCI Company to comply with certain requirements, and

authorizes the Telecommunications Division Director to grant final approval to VCI Company's

request.

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

12

[4309]

This decision authorizes John A. DeFalco and Neil N. Werb to sell 100% of Yerba Buena Water

Company's outstanding stock to Crown Pointe Estates at Malibu, LLC. This proceeding is closed.

(Exam Coughlan)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

13

[4313]

This decision grants Motion to Accept Settlement Agreement by Kerman and Office of Ratepayer

Advocates for authority to sell land and warehouse.  This proceeding is closed.

(Comr Brown - ALJ DeBerry)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

14

[4319]

A02-03-047 - Southern California Gas Company (SoCalGas) and San Diego Gas & Electric

Company (SDG&E).

A02-03-048, A02-03-049 - Related matters. This decision specifies the contents of the applications

that Pacific Gas and Electric Company, SDG&E, Southern California Edison Company and SoCalGas

should file in seeking future funding for their Low Emission Vehicle programs.  Decision 03-10-086

approved prior requests for LEV funding, but ordered a process to refine the contents of the foregoing

utilities’ applications.  These proceedings are closed.

(Comr Brown - ALJ Thomas)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

15 (Rev.)

[4321]

Avista and Southwest seek approval for Avista to sell its South Lake Tahoe gas facilities to Southwest.

The Office of Ratepayer Advocates protested the application, seeking protection against rate increases

for the current Avista gas customers. This decision approves a settlement agreement among the parties

that protects current Avista customers from an increase in gas base rates through at least 2008. Under

Pub. Util. Code  §§ 851 and 854, the decision authorizes the acquisition of Avista's California gas

facilities by Southwest. This proceeding is closed.

(Comr Kennedy - ALJ Walker)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

16

[4322]

SDG&E requests confirmation of Donna J. Weston to serve on the Nuclear Decommissioning Master

Trust Funds Committees. Request approved. (Advice Letter 1659-E, filed January 27, 2005)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

17

[4328]

This resolution grants the application of Infoline Sacramento to use the 2-1-1 dialing code for health

and human services information and referral service in Sacramento County.

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

18

[4334]

(ECP) C04-07-007 - Rik Wayne Munson vs. Pacific Bell Telephone Company dba SBC

California.

This decision grants the request of Rik Wayne Munson that SBC California credit his telephone

account $1,044.00 for disputed local toll charges incurred accessing his Internet Service Provider. This

proceeding is closed.

(Comr Brown - ALJ Patrick)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

19

[4335]

This resolutiion adopts the Budgets for the FY 05-06 from July 1, 2005 - June 30, 2006 for the

Payphone Service Providers Enforcement (PSPE), Public Policy Payphone Programs; adopts a new

surcharge level for PSPE Program and transfers the balance of the Telecommunications Devices for

the Deaf Placement Interim Committee Fund to the Deaf and Disabled Telecommunications Program

Fund.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

20

[4346]

This decision authorizes CalAm to implement temporary conservation rates in Monterey District if

specified Carmel River water production criteria are exceeded.  Also, CalAm is ordered to refund

Water Revenue Adjustment Mechanism balancing account revenues collected under the same

Commission-authorized conservation rate structure in 2004.  This proceeding is closed.

(Comr Peevey - ALJ McVicar)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

21

[4349]

R04-04-003 - Order Instituting Rulemaking to promote policy and program coordination and

integration in electric utility resource planning.

The April 1, 2004 Order Instituting Rulemaking is modified by naming individual Energy Service

Providers and Community Choice Aggregators respondents in this proceeding.

(Comr Peevey - ALJ Wetzell)

Signed (Comr. Grueneich recused herself from this agenda item and was

not part of the quorum in its consideration.)

Yes: (Brown, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

22

[4352]

This decision adopts a 2005 Energy Resource Recovery Account (ERRA) revenue requirement

forecast of $301,106,000 for SDG&E. The associated 0.110 cents/kilowatt-hour rate increase

(0.80% over current system average total rates) will not be implemented at this time.  This decision

also sets the 5% threshold for 2004 ERRA undercollections or overcollections at $30,013,000 and

determines there is no present need to adjust rates or order refunds in conjunction with the ERRA

trigger mechanism. This proceeding is closed.

(Comr Peevey - ALJ Fukutome)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

23

[4359]

This decision authorizes an encroachment agreement between PG&E and Roger and Andrea Hunt

(Owners) that will permit Owners to construct a detached fabricated steel shop building partly within

PG&E’s easement on Owners’ property in Kern County.  PG&E’s request that the Commission

establish a streamlined process for approval of similar de minimus encroachment agreements is denied

as inappropriate in this limited proceeding. This proceeding is closed.

(Comr Brown - ALJ Walker)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

24

[4360]

Application for authorized capital structure, rate of return on common equity, embedded cost of debt

and preferred stock, and overall rate of return for utility operations for 2005.  A04-05-023 - Related

matters.  Aglet Consumer Alliance and The Utility Reform Network are jointly awarded $73,558 for

their substantial contribution to D04-12-047. A04-05-021 and A04-05-023 are closed.

(Comr Brown - ALJ Galvin)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

25

[4361]

The parties having resolved their dispute, the complaint is dismissed and the proceeding is closed.

(Comr Brown - ALJ Patrick)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

26

[4363]

I04-04-001 - In the matter of the Order Instituting Investigation and Order to Show Cause on

the Commission’s own motion into the operations and practices of Ronen Perez, Ford

Moving and Storage, Inc., and its president, Ronen Perez.

This decision extends the 12-month statutory deadline pursuant to Pub. Util. Code §1701.2(d) until

July 1, 2005.

(Comr Brown - ALJ Walwyn)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

27

[4364]

For review and recovery of costs recorded in the Electric Restructuring Costs Account for 1999 and

Forecast for 2000 and 2001.  This decision grants Aglet Consumer Alliance and The Utility Reform

Network $49,997.53 in compensation for their contribution to Decision 04-12-017.  This proceeding

is closed.

(Comr Brown - ALJ Mattson)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

28

[4366]

C04-01-020 - Almond Tree Hulling Co., et al. vs. Pacific Gas and Electric Company and

Does 1 through 100 .

This order extends the 12-month statutory timeframe for completion of this adjudicatory proceeding

because of the expiration of the originally Assigned Commissioner’s term after the filing of

Complainant’s appeal to the Presiding Officer’s Decision and Defendant’s response to the Appeal.

(Comr Peevey - ALJ Prestidge)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

29

[4368]

This decision approves WRWC's application to sell its water system to Del Oro Water Company, Inc.

This proceeding is closed.

(Exam Coughlan)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

30

[4369]

This resolution approves a CMRS Interconnection Agreement between CTC-California and US

Cellular Corporation, in accordance with the provisions of General Order 96-A and Resolution

ALJ-181. (Advice Letter 894, filed December 22, 2004)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

31

[4370]

Res T-16928 - Citizens Telecommunications Company of the Golden State, Inc.

(CTC-Golden State).

This resolution approves a CMRS Interconnection Agreement between CTC-Golden State and US

Cellular Corporation, in accordance with the provisions of General Order 96-A and Resolution

ALJ-181. (Advice Letter 167, filed December 21, 2004)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

32

[4103]

For authority to institute a rate stabilization plan with a rate increase and end of rate freeze tariffs.

A00-11-056, A00-10-028 - Related matters. This decision awards The Utility Reform Network

(TURN) $1,043,871.80 in compensation for its further participation in the federal district court

proceedings in which SCE and Pacific Gas and Electric Company challenged the Commission's

jurisdiction to limit the utilities' recovery of increased wholesale procurement costs, and for its efforts in

the judicial review of D02-06-070, which awarded TURN intervenor compensation for its earlier

participation in those federal proceedings.

(Comr Brown - ALJ Allen)

Agenda 3144, Item 48 12/16/2004 (Kennedy);

Agenda 3145, Item 45 1/13/2005 (Brown);

Agenda 3146, Item 29 1/27/2005 (Staff);

Agenda 3147, Item 37 2/10/2005 (Staff)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

33

[4253]

For authority to, among other things, increase its authorized revenues for electric service in 2003, and

to reflect that increase in rates. I02-06-002 - Related matters.  This decision allocates SCE’s revenue

requirement of $9.2 billion. These proceedings are closed.

(Comr Kennedy - ALJ Barnett)

Signed (Comr. Grueneich recused herself from this agenda item and was

not part of the quorum in its consideration.)

Yes: (Brown, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

34

[4312]

A02-12-028, I03-03-016 - Related matters. This decision adopts post-test year ratemaking and

performance incentives for SoCalGas and San Diego Gas & Electric Company. The decision denies

Partial Settlements for both companies. These proceedings are closed.

(Comr Brown - ALJ Long)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

34a

[4320]

A02-12-028, I03-03-016 - Related matters. This alternate adopts a partial settlement supported by

all active parties who made recommendations in Phase II of the proceeding.  The Settlement resolves

or otherwise disposes of all issues in Phase II for both SoCalGas and SDG&E, with the exception of

the matters related to performance incentives and performance indicators.  With respect to the

performance incentives and indicators, the alternate adopts the same targets, rewards and penalties as

the Proposed Decision by ALJ Long.

(Comr Brown)

Signed (Comr. Grueneich recused herself from this agenda item and was

not part of the quorum in its consideration.)

Yes: (Brown, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

35

[4323]

A00-11-056, A00-10-028 - Related matters. This decision allocates the 2005 revenue requirement of

the California Department of Water Resources (DWR), using the methodology adopted by this

Commission in D04-12-014. This decision also performs a “true-up” of DWR’s 2003 revenue

requirement and adopts adjustments that reflect actual IOU costs and remittances through September,

2004.

(Comr Brown - ALJ Allen)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

36

[4324]

R99-11-022 - Order Instituting Rulemaking into implementation of Public Utilities Code

Section 390.

This decision responds to the California Court of Appeal’s remand order directing the Commission to

determine whether short run avoided cost (SRAC) prices between December 2000 and March 2001

were correct and consistent with the Public Utilities Regulatory Policy Act of 1978.  This decision

determines that SRAC prices between December 2000 and March 2001 were correct, and that

retroactive application of the SRAC transition formula as adopted in D03-01-067 is not warranted.

(Comr Peevey - ALJ DeBerry)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

37

[4327]

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 implements affidavit requirements as prescribed in D04-07-025, which adopted rules

governing Direct Access Cost Responsibility Surcharges (DA CRS) in the context of growth in DA

load as a means for DA customers to verify, under penalty of perjury, that they are not exceeding their

contractual limits for DA usage.

(Comr Brown - ALJ Pulsifer)

Signed (Comr. Grueneich recused herself from this agenda item and was

not part of the quorum in its consideration.)

Yes: (Brown, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

38

[4350]

R04-04-003 - Order Instituting Rulemaking to promote policy and program coordination and

integration in electric utility resource planning.

The Commission’s October 28, 2004 Interim Opinion Regarding Resource Adequacy (Decision

04-10-035) is modified, as set forth herein, to clarify and restate the Commission’s policy for resource

adequacy requirements.  In particular, the nature of the forward commitment obligation is specified.

(Comr Peevey - ALJ Wetzell)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

39

[4279]

PG&E requests authority to revise Rule 14 of its gas tariff to apply the Operational Flow Order

(OFO) Noncompliance Charge Exemption on a per OFO rather than monthly basis. (Advice Letter

2564-G, filed August 9, 2004)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

40

[4325]

Res G-3376 - Southern California Gas Company (SoCalGas), Pacific Gas and Electric

Company (PG&E), and  San Diego Gas & Electric Company (SDG&E).

In compliance with D4-09-022, SoCalGas, PG&E, and SDG&E file open access tariffs to set forth

nondiscriminatory terms and conditions under which a party may connect to and deliver natural gas into

the utility systems. PG&E's proposal is approved as filed. SoCalGas' and SDG&E's proposals are

approved with modifications. Implementation of SoCalGas' and SDG&E's tariffs shall be suspended

until certain agreements are approved by the Commission. (SoCalGas Advice Letter (AL) 3413,

SDG&E AL 1474-G, and PG&E AL 2577-G, filed October 4, 2004)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

41

[4326]

SCE submits revisions to its rate schedules to update the Transmission Access Charge Balancing

Account Adjustment Rate. This resolution approves the rate change proposed by SCE pursuant to

FERC's approval of these rates. (Advice Letter 1856-E, filed January 28, 2005)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

42

[4353]

SDG&E requests Commission approval of a natural gas storage agreement between itself and

Southern California Gas Company, an affiliate under Sempra Energy, entitled Master Services

Contract, Schedule J, Transaction Based Storage Service, dated November 8, 2004. SDG&E's

request is approved with modifications. (Advice Letter 1499-G, filed January 7, 2005)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

43

[4184]

A01-02-035, A02-02-031, A02-02-032, A02-02-034, A02-03-002 - Related matters. This

decision resolves outstanding issues in this proceeding relating to the adjustment, or “true-up,” of

interim unbundled network element rates to permanent rate levels.  This order lifts the stay of billing

adjustments established through Ordering Paragraph 4 of D04-09-063, and orders immediate

payment of billing adjustments by 10 carriers whose cash or cash equivalents indicate they possess

cash at least 10 times the amount of their true-up debt.  All other carriers shall pay in equal installments

over 12 months, subject to interest and late payment penalties.  True-up payments should be

calculated based on a 10% shared and common cost markup. These proceedings are closed.

(Comr Peevey - ALJ Duda)

Agenda 3146, Item 38 1/27/2005 (Peevey);

Agenda 3147, Item 41 2/10/2005 (Peevey);

Agenda 3148, Item 37 2/24/2005 (Grueneich)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

43a

[4284]

A01-02-035, A02-02-031, A02-02-032, A02-02-034, A02-03-002 - Related matters. This

alternate differs from the ALJ's draft decision in one respect. The alternate directs the true-up

payments to be calculated based on a 15% shared and common cost markup.

(Comr Brown)

Agenda 3147, Item 41a 2/10/2005 (Peevey);

Agenda 3148, Item 37a 2/24/2005 (Grueneich)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

43b

[4308]

A01-02-035, A02-02-031, A02-02-032, A02-02-034, A02-03-002 - Related matters. This

alternate differs from the ALJ’s draft decision to set an interim 10%.  The alternate maintains the 21%

shared and common cost markup during the true-up period.  On a prospective basis, the shared and

common cost markup is lowered to 19% to reflect the Ninth Circuit’s remand.

(Comr Peevey)

Yes: (Grueneich, Kennedy, Peevey)

No: (Brown)

Abstain: (none)

Absent: (none)

44

[4290]

R03-04-003 - Order Instituting Rulemaking on the Commission’s own motion to comply with

the mandates of Senate Bill 1563 regarding deployment of advanced telecommunications

technologies.

This decision satisfies the requirements of Senate Bill 1563 (Ch. 674, Stats. 2002), which requires the

Commission to develop a plan for encouraging the widespread availability and use of advanced

communications infrastructure and to report its findings and recommendations to the Governor and the

Legislature.  This proceeding is closed.

(Comr Kennedy - ALJ Malcolm)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

45

[4311]

R _________   - Order Instituting Rulemaking on the Commission's own motion to assess

and revise the regulation of telecommunications utilities.

This Order institutes a rulemaking to assess and revise the regulation of all telecommunications carriers

in California except for small incumbent local exchange carriers (ILECs).  The primary goal of this

proceeding is to develop a uniform regulatory framework for all telecommunications utilities, except

small ILECs, to the extent it is feasible and in the public interest to do so.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

46

[4376]

For arbitration of an amendment to interconnection agreements with competitive local exchange

carriers and commercial mobile radio service providers in California pursuant to Section 252 of the

Communications Act of 1934, as amended, and the Triennial Review Order.  This decision confirms

the Assigned Commissioner Ruling issued in response to the Joint Motion by MCI, Inc., The Utility

Reform Network, Wholesale Air-Time, Inc. and NII Communication, Ltd for Emergency Order

Preserving Status Quo for UNE-P Orders, filed on March 1, 2005.

(Comr Peevey - ALJ Weismehl)

Yes: (Grueneich, Kennedy, Peevey)

No: (Brown)

Abstain: (none)

Absent: (none)

47

[4377]

R95-04-043 - Order Instituting Rulemaking on the Commission’s own motion into

competition for local exchange service.

I95-04-044 - Related matters. This decision confirms the Assigned Commissioner Ruling issued in

response to the Joint Motion by MCI, Inc., The Utility Reform Network, Blue Casa Communications,

Inc., Wholesale Air-Time, Inc., Anew Communications Corp dba Call America, TCAST

Communications, and CF Communications LLC dba Telekenx for Emergency Order Preserving

Status Quo for UNE-P Orders, filed on March 1, 2005, and in response to the Emergency Motion by

Small CLECs for an Order Requiring SBC to Comply with its CLEC Interconnection Agreements,

filed on March 2, 2005.

(Comr Kennedy - ALJ Pulsifer)

Yes: (Grueneich, Kennedy, Peevey)

No: (Brown)

Abstain: (none)

Absent: (none)

48

[4317]

For authority to implement a low income rate in its Los Angeles County Division in compliance with

D02-10-058 in A01-10-028.  This decision concludes consideration of low-income rate proposals.

This proceeding is closed.

(Comr Brown - ALJ Bushey)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

49

[4265]

This resolution authorizes PAWW a surcharge of $2.98 per month per customer for six years

producing an annual increase in revenue of $6,625 or 3.4% for a total of $39,750 to recover legal

expenses. (Advice Letter 49, filed October 28, 2004)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

50

[4310]

This resolution adopts revision to Water Division Standard Practice U-3-SM (SP-U-3-SM) regarding

calculation of rate of return and rate of margin (formerly operating ratio) for Class C and D water

utilities.

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

51

[4374]

The ALJ Division wishes to take written comments on a proposed pilot program designed to

streamline the processing of certain types of Pub. Util. Code Section 851 transactions.  After receipt

and consideration of written comments, the Division will prepare a draft order for the Commission

which addresses the proposed pilot program and any related streamlining issues.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

53

[4276]

Disposition of Application for Rehearing and/or Request for Stay of D04-12-056 filed by Southern

California Edison Company (SCE), and/or Disposition of Application for Rehearing of D04-12-056

filed by the Pacific Gas and Electric Company (PG&E) and the San Diego Gas and Electric Company

(SDG&E).  D04-12-056 prohibits the use of 'reverse auctions' in energy utility construction contract

bidding procedures, a practice in which bidders compete for contracts by lowering their bids until the

lowest bid is accepted.  D04-12-056 also requires respondent utilities to ensure the payment of

prevailing wages by their construction contractors in all construction.  SCE, PG&E, and SDG&E,

respondent utilities, seek rehearing on allegations that latter provision of D04-12-056 is preempted by

federal law, contrary to Commission Rules, and not supported by the record of the proceeding.

Agenda 3147, Item 48 2/10/2005 (Staff);

Agenda 3148, Item 42 2/24/2005 (Staff)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

54

[4358]

Disposition of Application for Rehearing of D04-09-020 by The Utility Reform Network (TURN).

The Decision grants the majority of the expenses sought by Pacific Gas and Electric Company

(PG&E) for enhancement of its transmission and distribution system safety and reliability pursuant to

PUC Code Section 368.  TURN alleges that the Decision is in error because it fails to address the

majority of the expenditures for which PG&E sought reimbursement and also because of the

Commission’s treatment of the issue of common plant.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

55

[4362]

Disposition of request by the California Building Industry Association (CBIA) to withdraw its

application for rehearing of D05-01-005.  This decision denied CBIA’s complaint to require utilities to

seek Commission approval before updating cost factors and underlying assumptions for

project-specific line extension estimates.

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

56

[4365]

Disposes of Application for Rehearing of D04-08-055 filed by Calaveras Telephone Company et al.

In D04-08-055, the Commission adopted General Order 77-L to supersede General Order 77-K.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

57

[4270]

Deliberation on institution of proceeding or disciplinary actions against person or entities under the

Commission’s 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

and disclosure could also jeopardize the ability to effect personal service on the Respondent.)

Agenda 3147, Item 50 2/10/2005 (Peevey);

Agenda 3148, Item 44 2/24/2005 (Staff)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)