Revised California Public Utilities Commission Business Meeting Agenda #3058 (February 22, 2001)

Public Utilities Commission of the State of California

Public Agenda 3058

Thursday, February 22, 2001, 10 a.m.

San Francisco, California

Commissioners
Loretta M. Lynch, President
Henry M. Duque
Richard A. Bilas
Carl W. Wood
Geoffrey F. Brown

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

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

Tuesday, February 20

Thursday, February 22

Monday, March 12

Thursday, March 15

Thursday, March 22

Tuesday, March 27

Monday, April 16

Thursday, April 19

Monday, April 30

Thursday, May 3

*Ratesetting Deliberative Meeting dates are reserved as noted but will be held only if there are ratesetting matters to be considered and a Commissioner has requested that a Ratesetting Deliberative Meeting be held. A "_" next to the date indicates that the meeting will be held. A "_" next to the item number on the Agenda indicates that the matter will be considered during the Ratesetting Deliberative Meeting.

A "_" next to the item number on the Agenda indicates that the matter may be considered during Closed Session pursuant to Public Utilities Code Section 1701.2(c); thereafter the Commissioners will reconvene in Public Session to vote on the item.

Matters of Public 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.

For further information contact the Public Advisor

(415) 703-2074 E-mail: public.advisor@cpuc.ca.gov

PUBLIC COMMENT

The following items are not subject to public comment:

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

· CA-30, CA-32, H-4, H-4a

CONSENT AGENDA

Items shown on the Consent Agenda will be taken up and voted on as a group in one of the first items of business of each Commission meeting. Items may be removed from the Consent Agenda for discussion on the Regular Agenda at the request of any Commissioner prior to the meeting.

ORDERS AND RESOLUTIONS

CA-1

Res TL-18958 - Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374(b) of the Public Utilities Code.

CA-2

Res ALJ-176-3058- Ratification of preliminary determinations of category for proceedings initiated by application. The preliminary determinations are pursuant to Article 2.5, Rules 4 and 6.1 of the Commission's Rules of Practice and Procedure.

CA-3

A00-06-028 - San Diego Gas & Electric Company (SDG&E) and Southern California Gas Company.
For approval of a gas tariff which caps rates for small electric generation (EG) customers. SDG&E was ordered to file an EG rate which was capped for small EGs, with the large EGs responsible for costs in excess of the capped rate. SDG&E requests that the order be rescinded. Held: Order rescinded. The difference between the cost-based rate and the rate cap is small and does not warrant a departure from the more customary cost-based rate practice of the Commission. This proceeding is closed.
(Com Bilas - ALJ Barnett)
(Section 311(g)(1))

CA-4

C00-07-025 - Quality Conservation Services, Inc. vs. San Diego Gas & Electric Company (SDG&E).
This decision grants the motion of SDG&E to dismiss this breach-of-contract complaint for failure to state a cause of action for which relief can be granted by this Commission. Complainant may seek its remedy in civil court. This proceeding is closed.
(Com Bilas - ALJ Walker)
(Section 311(g)(1))

CA-5

Res E-3728 - Southern California Edison Company (Edison).
This resolution approves the supplemental agreements amending the qualified and nonqualified nuclear decommissioning trust investment management agreements between Edison and Bankers Trust Company.
(Advice Letter 1501-E, filed November 28, 2000)

CA-6

A00-10-040 - Roseville Telephone Company (Roseville).
Request for arbitration of an interconnection agreement with Electric Lightwave, Inc. (ELI). This decision grants the motion of ELI to dismiss this application. This proceeding is closed.
(Com Duque - ALJ Walker)
(Section 311(g)(1))

CA-7

Res T-16498 - Bay Associates.
This resolution revokes the certificate of public convenience and necessity of Bay Associates, as requested by the company.

CA-8

Res T-16499 - Global Telesys Corp.
This resolution revokes the certificate of public convenience and necessity of Global Telesys Corp., as requested by the company.

CA-9

Res T-16497 - Telegroup, Inc.
This resolution revokes the certificate of public convenience and necessity of Telegroup, Inc., as requested by the company.

CA-10

A00-01-037 - Southern California Edison Company (SCE).
This decision grants SCE's request to withdraw its application for authority to sell its Fuel Oil Pipeline Facilities. This proceeding is closed.
(Com Bilas - ALJ Barnett)

CA-11

Res T-16484 - Pacific Bell (Pacific).
This resolution approves two Resale Agreements between Pacific and OneStar Long Distance, Inc. (pending), and between Pacific and Preferred Carrier Services, Inc. dba Phones For All and Telefonos Para Todos, submitted under provisions of Resolution ALJ-181 and General
Order 96-A.
(Advice Letters 21502, and 21531, filed December 1, 2000, and
December 22, 2000, respectively)

CA-12

Res T-16500 - Pacific Bell (Pacific).
This resolution approves two Interconnection Agreements between Pacific and PaeTec Communications, Inc., and between Pacific and Platinum Development LLC dba Aevia, Inc., submitted under provisions of Resolution ALJ-181 and General Order 96-A.
(Advice Letters 21501 and 21517, filed December 1, 2000, and
December 14, 2000 respectively)

CA-13

Res T-16501 - Pacific Bell (Pacific).
This resolution approves three CMRS Interconnection Agreements between Pacific and Tadlock's Communications, between Pacific and TSR Wireless LLC, and between Pacific and Nationwide Paging, submitted under provisions of Resolution ALJ-181 and General Order 96-A.
(Advice Letters 21523, 21528, and 21532, filed December 15, 2000, December 19, 2000, and December 22, 2000, respectively.)

CA-14

Res W-4247 - Suburban Water Systems (SWS).
This resolution grants SWS' request for an offset rate increase of $270,972 or 0.95% in additional revenue.
(Advice Letter 229-W, filed January 9, 2001)

CA-15

Res W-4248 - Little Bear Water Company (LBWC).
This resolution authorizes LBWC to impose a six-month surcharge of $7.09 per customer to recover a balance of $26,705.53 remaining in its Catastrophic Event Memorandum Account balance.
(Advice Letter 35, filed January 12, 2001)

CA-16

I00-03-015 - Order Instituting Investigation on the Commission's own motion into the operations and practices of Let's Move It, Inc., California corporation and its President Amir Golan.
This order extends the 12-month statutory deadline for resolving this proceeding until further notice.
(Com Wood - ALJ Econome)

CA-17

A00-08-030 - Daniel Chiang and Jerry Liu, dba Safer Rider Bus (applicants).
This decision grants applicants a certificate of public convenience and necessity to operate as a passenger stage corporation between points in Sacramento County and San Francisco International Airport, and to establish a Zone of Rate Freedom. This proceeding is closed.
(Exam Koss)

CA-18

A00-10-054 - Nayaa I. Lacy dba Plane Ride.
This decision grants Nayaa I. Lacy a certificate of public convenience and necessity to operate as a passenger stage corporation between points in the counties of Alameda, San Francisco, Contra Costa, and Santa Clara and San Francisco, Oakland, and San Jose International Airports, and to establish a Zone of Rate Freedom. This proceeding is closed.
(Exam Koss)

CA-19

A00-09-024 - City of Coachella (City).
This decision grants the City's request to construct a grade separation of 50^th Avenue over the Los Angeles-Yuma main line tracks of the Union Pacific Railroad Company and close the existing 50^th Avenue and 5^th Street at grade crossings, in Coachella, Riverside County. This proceeding is closed.
(Exam Koss)

CA-20

A00-09-050 - State of California, Department of Transportation (Caltrans).
This decision grants Caltrans' request to reconstruct Micheltorena Street overcrossing at separated grades over Union Pacific Railroad Company's Coast Main Line tracks in the City of Santa Barbara, Santa Barbara County. This proceeding is closed.
(Exam Koss)

CA-21

A00-10-053 - Alameda Corridor Transportation Authority (ACTA).
This decision grants ACTA's request to alter an existing grade-separated crossing at Alameda Street by the Alameda Corridor Project in the City of Los Angeles, Los Angeles County. This proceeding is closed.
(Exam Koss)

CA-22

A00-11-005 - City of Lemoore (City).
This decision grants City's request to close four existing private at-grade crossings and construct a new public at-grade crossing of Belle Haven Drive all along the Hanford Subdivision track and right of way of the Union Pacific Railroad Company in Lemoore, Kings County. This proceeding is closed.
(Exam Koss)

CA-23

A00-11-008 - City of Atascadero (City).
This decision grants City's request to construct a grade separation overhead bridge structure of El Camino Real over the Union Pacific Railroad Company's Cost Main Line track in the City, San Luis Obispo County. This proceeding is closed.
(Exam Koss)

CA-24

Res W-4249 - Central Camp Water Company (CCWC).
This resolution grants CCWC authority to collect a surcharge for recovery of expenses recorded in the Unanticipated Engineering and Unanticipated Legal Cost Memorandum Accounts consisting of two equal payments of $74.44 producing an increase in annual revenue of $11,017.17 or 74.4% for the cost of engineering and legal expenses.

CA-25

I00-01-018 - Investigation into Long Distance Charges, Inc., Least Cost Routing, Inc., National Telecommunications, Inc., Future Telecommunications, Inc., and Tel-Save, Inc., and Ned Gershenson and Doris Fisher in their individual and controlling officer and/or shareholder capacities.
This order extends the 12-month statutory deadline for resolving this proceeding until further notice.
(Com Wood - ALJ McKenzie)

CA-26

I00-03-001 - Investigation into the operations and practices of Qwest Communications Corporation, et al. concerning compliance with statutes, commission decisions, and other requirements applicable to the utility's installation of facilities in California for providing telecommunications service.
This order extends the 12-month statutory deadline for resolving this proceeding until further notice.
(Com Lynch - ALJ McKenzie)

CA-27

C00-03-017 - Carol Fisch vs. Garrapata Water Co., Inc.
This order extends the 12-month statutory deadline for resolution of adjudicatory proceeding until further notice.
(Com Duque - ALJ Vieth)

CA-28

(Rev.)
(2/20/01)

A00-01-036 - Burlington Northern and Santa Fe Railway Company (BNSF).
This decision considers the request of BNSF to dismiss its application to construct an additional lead track across Jack Tone Road and refer the matter to the Rail Safety and Carriers Division for consideration under General Order 88-A. This proceeding is closed.
(Com Bilas - ALJ Prestidge)
This revision was not listed on the agenda distributed to the public.

CA-29

A00-10-043 - Hillview Water Company, Inc. (Hillview).
For authority to issue evidence of indebtedness (Promissory Note and Loan Agreement) and to grant security interest in its assets. This decision grants Hillview's request to borrow $3,408,477 under the Safe Drinking Water State Revolving Fund; to encumber its assets in connection with the loan; and to effect a surcharge to repay the loan. This proceeding is closed.
(Exam Evans)
(Agenda 3057, Item CA-9, 2/8/01; Req - Commission)

CA-30

(ECP) C00-08-023 - Henry N. Addington vs. Pacific Bell Telephone Company (Pacific).
Complaint for Lifeline Service. Pacific now provides complainant with Lifeline Service. The complaint is dismissed. This proceeding is closed.
(Com Duque - ALJ Barnett)
(Agenda 3057, Item CA-16, 2/8/01; Req - Commission)

CA-31

C99-10-037 - County Sanitation District No. 2 of Los Angeles County (District) vs. Southern California Edison Company (Edison).
This decision denies District's motion for summary judgment and grants Edison's motion for summary adjudication as to the 1st, 2nd, 4th and 5th causes of action. There is a triable issue of material fact on the 3rd cause of action as to whether Edison met its duty under Tariff Rule 12 to notify District of the availability of compensated metering.
(Com Duque - ALJ Brown)
(Section 311(g)(1))
(Agenda 3050, Item CA-3, 11/2/00; Agenda 3051, Item CA-18, 11/21/00; Agenda 3053, Item CA-5, 12/21/00; Agenda 3055, Item CA-12, 1/18/01, Continuation 1/26/01; Agenda 3057, Item CA-39, 2/8/01; Req -Commission)

_CA-32

C98-08-040 - Donna Matthews (Complainant) vs. Meadows Management Company, James K. Krueger and Rondell B. Hanson, dba. Plantation on the Lake Mobilehome Park (Defendants).
The Defendants' motion to dismiss the complaint is granted. Complainant has failed to bear her burden of proving that water rates for Plantation on the Lake Mobilehome Park are not just and reasonable. This proceeding is closed.
(Com Neeper - ALJ Ryerson)
(Agenda 3053, Item CA-9, 12/21/00; Agenda 3054, Item CA-21, 1/4/01; Agenda 3055, Item CA-18, 1/18/01, Continuation 1/26/01; Agenda 3057, Item CA-41, 2/8/01; Req - Commission)

CA-33

C98-03-023 - Gina Guillamun DiResta vs. Esprit de Sol Apartments.
This decision dismisses complaint for lack of jurisdiction. This proceeding is closed.
(Com Neeper - ALJ Vieth)
(Section 311(g)(1))
(Agenda 3046, Item CA-28, 9/7/00; Agenda 3048, Item CA-15, 10/5/00; Agenda 3049, Item CA-25, 10/19/00; Agenda 3050, Item CA-23, 11/2/00; Agenda 3051, Item CA-21, 11/21/00; Agenda 3052, Item CA-45, 12/7/00; Agenda 3053, Item CA-35, 12/21/00; Agenda 3054, Item CA-23, 1/4/01; Agenda 3055, Item CA-20, 1/18/01, Continuation 1/26/01; Agenda 3057, Item CA-42, 2/8/01; Req - Commission)

CA-34

A00-02-035 - San Jose Water Company (SJWC).
This decision grants SCJWC's request to increase its rates by amounts designed to increase revenue by $8,240,700 (7.23%) for 2001; $5,011,000 (4.10%) for 2002; and $3,930,100 (3.09%) for 2003. The Commission authorizes rates of return on rate base of 9.23% for the year 2001; 9.25% in 2002; and 9.25% in 2003. The return on common equity (ROE) authorized by this decision is 10.20%. As a result of the revenue increase granted by this decision, the monthly bill for the average residential customer using 1,500 cubic feet per month would increase by $2.74 or 9.67%, from $28.33 to $31.07 for year 2001. Also, the Commission adopts a Settlement entered into by the Ratepayer Representation Branch (RRB) of the Water Division and SJWC. The Settlement resolves all issues between RRB and SJWC except for ROE. Following evidentiary hearings on this one issue, the Commission concludes that a constant ROE of 10.20% is just and reasonable for the years 2001-2003. This proceeding is closed.
(Com Duque - ALJ Patrick)
(Section 311(d))
(Agenda 3054, Item CA-5, 1/4/01; Agenda 3055, Item CA-17, 1/18/01, Continuation 1/26/01; Agenda 3057, Item CA-40, 2/8/01; Req - Commission)

CA-35

A00-07-006 - Southern California Edison Company (SCE).
For authority to issue, sell, and deliver one or more series of Debt Securities and to guarantee the obligations of others in respect of the issuance of Debt Securities, the total aggregate principal amount of such indebtedness and guarantees not to exceed $1,586,840,000; to execute and deliver one or more indentures; to sell, lease, assign, mortgage, or otherwise dispose of or encumber utility property; to issue, sell and deliver in one or more series, an aggregate amount not to exceed $250,000,000 par or stated value of Cumulative Preferred Stock -- $25 Par Value, Cumulative Preferred
Stock - $100 Par Value, Preference Stock or any combination thereof and for an exemption from the Commission's Competitive Bidding Rule. A88-03-024, A00-07-048, A97-11-032 - Related matters. Decision granting SCE certain exemptions from the Competitive Bidding Rule pursuant to its Expedited Petition for Modification of D88-07-069, D98-02-104, D00-10-040 and D00-10-063. These proceedings are closed.
(Exam Evans)

CA-36

R99-11-022 - Order Instituting rulemaking into implementation of Public Utilities Code Section 390.
This interim decision grants qualifying facilities that exercised that one-time option to switch to Power Exchange pricing be paid short-run avoided cost payments based on the Transition Formula adopted in D96-12-028, or as modified, for power produced as of January 19, 2001.
(Com Wood - ALJ Cooke)

CA-37

C00-03-004 - WTA-Campbell Technology Park, LLC vs. San Jose Water Company.
This decision extends the 12-month statutory deadline for issuance of the presiding officer's decision, due to the press of other business related to California's energy crisis.
(Com Duque - ALJ Prestidge)

REGULAR AGENDA

UTILITY AND TRANSPORTATION ORDERS

ORDERS HELD OVER

H-1

C98-06-016 - The Utility Consumers' Action Network (UCAN) vs. MCI Metro Access Transmission Services, Inc. (MCI Metro).
This decision finds that MCI Metro has resolved all billing errors included in this proceeding, and that these errors support a fine of $250,000 as requested by UCAN. MCI Metro's forthright and cooperative conduct in resolving these errors, however, mitigates the need for the fine. This proceeding is closed.
(Com Neeper - ALJ Bushey)
(Section 311(g)(1))
(Agenda 3053, Item 1, 12/21/00; Agenda 3054, Item H-7, 1/4/01; Agenda 3055, Item H-4, 1/18/01, Continuation 1/26/01; Req - Commission)

H-1a

COMMISSIONER WOOD'S ORDER Re ITEM H-1. This alternate order finds that MCI Metro, in compliance with D99-04-05, has resolved billing errors, and that these errors support a fine. This proceeding is closed.
(Agenda 3055, Item H-4a, 1/18/01, Continuation 1/26/01; Req - Commission)

_H-2

C99-01-039 - The Greenlining Institute, Latino Issues Forum vs. Pacific Bell, Pacific Bell Information Services.
This decision denies the complaint after concluding, among other things, that the preponderance of the evidence does not establish that defendants deceptively marketed and sold voicemail to business customers. This proceeding is closed.
(Com Neeper - ALJ Vieth)
(Agenda 3038, Item 7, 5/4/00; Agenda 3040, Item H-4, 6/8/00; Agenda 3042, Item H-2, 7/6/00; Agenda 3043, Item H-2, 7/20/00; Agenda 3044, Item H-8, 8/3/00; Agenda 3046, Item H-7, 9/7/00; Agenda 3047, Item H-4, 9/21/00; Agenda 3048, Item H-5, 10/5/00; Agenda 3049, Item H-5, 10/19/00; Agenda 3050, Item H-9, 11/2/00; Agenda 3052, Item H-1, 12/7/00; Agenda 3053, Item H-4, 12/21/00; Agenda 3054, Item H-2, 1/4/01; Agenda 3057, Item H-1, 2/8/01; Req - Commission)

H-2a
(2/16/01)

COMMISSIONER WOOD'S ORDER (PAGES) Re: ITEM H-2. These change pages decline to adjudicate claims that Pacific Bell violated the California Unfair Competition Law (Business and Professions Code Section 17200 et seq. and Section 17500 et seq.), and notes that remedies available under that law are cumulative and in addition to remedies that may be imposed under other laws.
This item was not listed on the agenda distributed to the public.

_H-3

C98-04-004 - The Utility Consumers' Action Network vs. Pacific Bell.
C98-06-003, C98-06-027, C98-06-049, I90-02-047 - Related matters.
This decision disposes of appeals of Presiding Officer's Decision. These proceedings are closed.
(Com Neeper - ALJ Bushey)
(Agenda 3044, Item 3, 8/3/00; Agenda 3046, Item H-14, 9/7/00; Agenda 3047, Item H-8, 9/21/00; Agenda 3048, Item H-7, 10/5/00; Agenda 3049, Item H-6, 10/19/00; Agenda 3050, Item H-10, 11/2/00; Agenda 3052,
Item H-2, 12/7/00; Agenda 3053, Item H-5, 12/21/00; Agenda 3054,
Item H-3, 1/4/01; Agenda 3057, Item H-2, 2/8/01; Req - Commission)

_H-3a

COMMISSIONER NEEPER'S ORDER Re ITEM H-3. This decision disposes of appeals of Presiding Officer's Decision. These proceedings are closed.
(Agenda 3044, Item 3a, 8/3/00; Agenda 3046, Item H-14a, 9/7/00; Agenda 3047, Item H-8a, 9/21/00; Agenda 3048, Item H-7a, 10/5/00; Agenda 3049, Item H-6a, 10/19/00; Agenda 3050, Item H-10a, 11/2/00; Agenda 3052, Item H-2a, 12/7/00; Agenda 3053, Item H-5a, 12/21/00; Agenda 3054,
Item H-3a, 1/4/01; Agenda 3057, Item H-2a, 2/8/01; Req - Commission)

_H-3b

COMMISSIONER BILAS' ORDER (PAGES) Re. ITEM H-3a. These alternate pages assess a total fine of $10,039,000, in addition to the costs of the remedial Caller ID blocking options program, against Pacific Bell (Pacific), but stay imposition of one half of that amount, or $5,019,500, due to Pacific's candor and cooperation in this proceeding and its steps to voluntarily correct some abuses found herein.
(Agenda 3050, Item H-10b, 11/2/00; Agenda 3052, Item H-2b, 12/7/00;
Agenda 3053, Item H-5b, 12/21/00; Agenda 3054, Item H-3b, 1/4/01;
Agenda 3057, Item H-2b, 2/8/01; Req - Commission)

_H-3c

COMMISSIONER WOOD'S ORDER Re. ITEM H-3. This decision differs from the Presiding Officer's Decision in the following ways: it determines that Pacific Bell's (Pacific) practice of requiring service representatives to promote optional services on every incoming call violates applicable disclosure and service standards contained in Section 451, Section 2896, and Tariff Rule 12. Like the Presiding Officer's Decision, this decision declines to adjudicate claims that Pacific violated the California Unfair Competition Law (Business and Professions Code Section 17200 et seq. and Section 17500 et seq.), and notes that remedies available under that law are cumulative and in addition to remedies that may be imposed under other laws. The discussion has been revised, however, to clarify that a court is the appropriate forum in which to adjudicate Unfair Competition Law claims and that nothing in this decision is intended to preclude a court from imposing additional remedies under that law. The amount of the fine is not changed significantly ($43.8 Million), but the decision clarifies how the fine amount was calculated and the criteria that were considered. The fine is imposed in its entirety with no portion suspended.
(Agenda 3052, Item H-2c, 12/7/00; Agenda 3053, Item H-5c, 12/21/00;
Agenda 3054, Item H-3c, 1/4/01; Agenda 3057, Item H-2c, 2/8/01; Req - Commission)

H-3d
(Rev.)
(2/20/01)

COMMISSIONER BROWN'S ORDER Re: ITEM H-3c.
This order revise downward the total fine assessed against Pacific Bell for its unlawful action. The discussion of the fine has been revised to explain how the record evidence was weighed in accordance with the factors which the Commission has applied in previous cases in determining an appropriate fine in this case.
This item was not listed on the agenda distributed to the public.
This revision was not listed on the agenda distributed to the public.

H-4

I97-07-018 - Order Instituting Investigation (OII) on the Commission's own motion into the operations, practices, rates and charges of the Hillview Water Company, Inc. (Hillview), a corporation, and Roger L. Forrester, the principal shareholder and president.
This interim decision addresses the Motion for Adoption of Settlement (Motion) jointly filed on November 22, 1999, by the Ratepayer Representation Branch (RRB) of the Water Division, and Hillview, one of the respondents in this investigation. The motion asks to adopt a written settlement agreement, executed as of the same date by RRB and Hillview, as "a complete resolution of all issues in the present proceedings." The Motion is denied. This interim decision also addresses Hillview's Petition to Modify Order, filed September 20, 2000, which asks the Commission to modify the OII, dated July 16, 1997, the order that initiated this proceeding. Hillview asks the Commission to delete from the OII a requirement that any proposals to increase rates or charges submitted to the Commission on behalf of Hillview be consolidated with this enforcement proceeding for consideration. The petition is denied.
(Com Duque - ALJ Ryerson)
(Section 311(d))
(Agenda 3053, Item 4, 12/21/00; Agenda 3054, Item H-10, 1/4/01; Agenda 3057, Item H-3, 2/8/01; Req - Commission)

H-4a

ALTERNATE ORDER TO ITEM H-4. This alternate order grants in part the Motion for Adoption of Settlement jointly filed by Hillview Water Company, Inc. (Hillview) and the Ratepayer Representation Branch of the Water Division. This alternate order also grants Hillview's Petition for Modification of the OII so as to eliminate the requirement on the proposals to increase rates or charges be consolidated with this enforcement proceeding.
(Com Duque)
(Agenda 3057, Item H-3a, 2/8/01; Req - Commission)

H-5

C99-06-034 - The Utility Consumers' Action Network vs. MCI Telecommunications Corporation (MCI).
This decision approves a settlement agreement providing for MCI to pay $522,458.33. It also orders MCI to refund this amount to current customers. This proceeding is closed.
(Com Neeper - ALJ Bushey)
(Section 311(g)(1))
(Agenda 3051, Item CA-5, 11/21/00; Agenda 3052, Item CA-40, 12/7/00; Agenda 3053, Item CA-33, 12/21/00; Agenda 3054, Item CA-26, 1/4/01; Agenda 3055, Item CA-23, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-4, 2/8/01; Req - Commission)

H-6

I98-12-012 - Order Instituting Investigation on the Commission's own motion into the rates, charges, and practices of water and sewer utilities providing service to mobilehome parks and multiple unit residential complexes and the circumstances under which those rates and charges can be passed to the end user.
This decision reviews information obtained about current practices of owners/operators of mobilehome parks and multiple unit residential complexes which bill tenants for water and sewer services separately from rent. It isolates the major issues and explains the existing jurisdictional framework so that the legislature may formulate appropriate public policy solutions. This proceeding is closed.
(Com Lynch - ALJ Vieth)
(Section 311(g)(1))
(Agenda 3044, Item 2, 8/3/00; Agenda 3046, Item H-13, 9/7/00; Agenda 3048, Item H-2, 10/5/00; Agenda 3049, Item H-3, 10/19/00; Agenda 3050, Item H-7, 11/2/00; Agenda 3051, Item H-6, 11/21/00; Agenda 3052, Item H-7, 12/7/00; Agenda 3053, Item H-9, 12/21/00; Agenda 3054, Item H-5, 1/4/01; Agenda 3055, Item H-2, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-5, 2/8/01; Req - Commission)

H-7

R00-02-005 - Order Instituting Rulemaking on the Commission's own motion into reciprocal compensation for telephone traffic transmitted to Internet Service Providers (ISPs) modems.
This decision finds the calls to ISPs should continue to be treated as local calls for purposes of applying reciprocal compensation for call termination.
(Com Neeper - ALJ Pulsifer)
(Section 311(d))
(Agenda 3052, Item 1, 12/7/00; Agenda 3053, Item H-13, 12/21/00;
Agenda 3054, Item H-6, 1/4/01; Agenda 3055, Item H-3, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-6, 2/8/01; Req - Commission)

H-7a

ALTERNATE ORDER TO ITEM H-7. This alternate order concludes that calls bound to the Internet do not meet the criteria for treatment as local calls and thus are not subject to reciprocal compensation. This alternate eliminates the current requirement for reciprocal compensation payment for Internet traffic effective prospectively. In its place, this alternate establishes as a preferred outcome bill-and-keep or any other mutually agreeable inter-carrier arrangement that carriers propose in their interconnection agreements.
(Coms Neeper/Duque)
(Agenda 3053, Item H-13a, 12/21/00; Agenda 3054, Item H-6a, 1/4/01;
Agenda 3055, Item H-3a, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-6a, 2/8/01; Req - Commission)

H-8

I99-07-003 - Order Instituting Investigation on the Commission's own motion to consider the costs and benefits of various promising revisions to the regulatory and market structure governing California's Natural Gas Industry and to report to the California Legislature on the Commission's findings.
This decision considers three contested settlement proposals addressing the promising options raised in D99-07-015 as applied to the Southern California Gas Company natural gas system, and to a lesser extent, the San Diego Gas and Electric Company gas system. Based on the record developed regarding costs and benefits, and the official notice we take of gas prices at the border and at Pacific Gas and Electric Company's citygate in the past few months since the close of the evidentiary hearing, we choose to approve the most modest proposal, the Interim Settlement, with some modifications. The major modification is the rejection of the provision for an automatic expansion of capacity at Wheeler Ridge with rolled-in rates if certain criteria are met. Additionally, based on the evidence in the record, we unbundle core interstate transportation from rates, eliminate core contribution to noncore interstate transition cost surcharges and the core subscription option as well as the caps and thresholds for core aggregation programs. We reduce the core aggregation program threshold, and offer billing options to core aggregators. Finally, we once again urge the Legislature to enact consumer protection legislation for those ratepayers served by core aggregators and other marketers. This proceeding is closed.
(Com Bilas - ALJ Biren)
(Section 311(d))
(Agenda 3053, Item 2, 12/21/00; Agenda 3054, Item H-8, 1/4/01; Agenda 3055, Item H-5, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-7, 2/8/01; Req - Commission)

H-9

R00-05-001 - Order Instituting Rulemaking into implementation of Senate Bill (SB) 669, regarding the Deaf and Disabled Telecommunications Program (DDTP).
This decision implements those provisions of SB 669, passed by the State Legislature in 1999, relating to the DDTP.
(Com Duque - ALJ Thomas)
(Section 311(g)(1))
(Agenda 3053, Item 3, 12/21/00; Agenda 3054, Item H-9, 1/4/01; Agenda 3055, Item H-6, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-8, 2/8/01; Req - Commission)

H-10

A99-03-049 - Southern California Gas Company (SoCalGas).
For recovery of costs related to the El Nino storms. This decision modifies the stipulation presented by SoCalGas and the Office of Ratepayer Advocates regarding SoCalGas' recovery of certain costs through the Catastrophic Event Memorandum Account. It modifies the stipulation to allow SoCalGas to recover $4,713,616, reduced by $110,000 in disallowed costs, through 2002, as well as future carrying costs for the capital investments. It adopts The Utility Reform Network's recommendation regarding allocation of revenue requirement among customer classes and directs, for this case only, that the costs be allocated to customers based upon function. It directs SoCalGas to address the issue of pipeline location, maintenance, and repair in its next cost-of-service or performance-based ratemaking proceeding. This proceeding is closed.
(Com Duque - ALJ Bytof)
(Section 311(d))
(Agenda 3047, Item CA-5, 9/21/00; Agenda 3048, Item CA-36, 10/5/00; Agenda 3049, Item CA-28, 10/19/00; Agenda 3050, Item CA-25, 11/2/00; Agenda 3051, Item CA-22, 11/21/00; Agenda 3052, Item CA-46, 12/7/00; Agenda 3053, Item CA-39, 12/21/00; Agenda 3054, Item H-16, 1/4/01;
Agenda 3055, Item H-9, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-9, 2/8/01; Req - Commission)

H-10a

ALTERNATE ORDER TO ITEM H-10. This alternate decision rejects the stipulation presented by Southern California Gas Company (SoCalGas) and the Office of Ratepayer Advocates regarding SoCalGas' recovery of certain costs through the Catastrophic Event Memorandum Account. It finds that there is insufficient evidence to conclude that these costs are reasonable and incremental to normal, ongoing operation and repair of SoCalGas' facilities, and denies recovery of those costs at this time. It directs SoCalGas, if it wishes to pursue recovery of those costs, to file for recovery of its capital and operational costs associated with the El Nino storms in its next cost of service proceeding.
(Com Lynch)
(Agenda 3055, Item H-9a, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-9a, 2/8/01; Req - Commission)

H-11

A99-03-025 - Roseville Telephone Company (RTC).
This decision modifies RTC's New Regulatory Framework to (1) suspend sharing; (2) eliminate depreciation reviews; (3) suspend the I-X portion of the price adjustment formula; (4) eliminate most Z-factor adjustments; (5) establish an LE factor mechanism; and (6) modify monitoring report requirements. This decision also orders a refund and permanent revenue reduction related to post-retirement benefits other than pensions. This proceeding is closed.
(Com Neeper - ALJ O'Donnell)
(Section 311(d))
(Agenda 3055, Item 1, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-10, 2/8/01; Req - Commission)

H-12

R98-07-037 - Order Instituting Rulemaking on the Commission's proposed policies governing energy efficiency, low-income assistance renewable energy and research, development and demonstration.
This decision approves the recommendations contained in the Phase 2 Standardization Project Report and Phase 1 Reporting Requirement Manual Report, with certain modifications. These recommendations apply to the low-income assistance programs implemented by Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Edison Company and Southern California Gas Company. Their purpose is to standardize the policies and procedures for implementing and reporting the results of low-income assistance programs, across utilities.
(Com Neeper - ALJ Gottstein)
(Section 311(g)(1))
(Agenda 3055, Item 2, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-11, 2/8/01; Req - Commission)

H-13

I ___________ - Order Instituting Investigation into the revenue requirement of Roseville Telephone Company (Roseville) pursuant to
D00-11-039.
This order institutes an investigation into Roseville's expense levels and revenue requirement to determine the source of funding to replace the $11.5 million Extended Area Service payment which Roseville has been receiving from Pacific Bell.
(Com Wood - ALJ Jones)
(Agenda 3055, Item 4, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-12, 2/8/01, Continuation 2/15/01, Req - Commission)

H-14

R99-11-022 - Order Instituting Rulemaking into Implementation of Public Utilities Code Section 390.
This decision resolves the petition to modify the "factor" adopted in
D96-12-028 filed by Southern California Edison Company (SCE). The Administrative Law Judge further expanded the scope of the proceeding to consider modifications to the natural gas price indices adopted in
D96-12-028. This decision adopts a formula, to be updated monthly, to revise SCE's factor adopted in D96-12-028 and adopts an alternative gas index to replace the Topock index adopted in D96-12-028. This decision also establishes a ceiling price for payments to qualifying facilities of $67.45 per megawatt-hour based on the reasonableness standard described by the Federal Energy Regulatory Commission in 93 FERC ¶ 61,294.
(Com Wood - ALJ Cooke)
(Agenda 3053, Item 12, 12/21/00; Agenda 3054, Item H-14, 1/4/01; Agenda 3055, Item H-8, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-13, 2/8/01, Continuation 2/15/01, Req - Commission)

H-15

R94-04-031 - Order Instituting Rulemaking on the Commission's proposed policies governing restructuring California's electric services industry and reforming regulation. I94-04-032 - Related matter.
Order clarifying and modifying D00-08-023 and D.00-09-075, and establishing guidelines for prudent electric market bilateral forward contracting for Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas & Electric Company, pursuant to D00-12-065 and related comments subsequently filed.
(Com Lynch - ALJ Cooke)
(Agenda 3055, Item 6, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-14, 2/8/01, Continuation 2/15/01; Req - Commission)

H-15a

ALTERNATE ORDER TO ITEM H-15. This alternate order adopts a total generation cost benchmark of 6¢/kilowatt hour for Pacific Gas and Electric Company, Southern California Edison Company and San Diego Gas & Electric Company. The utilities are provided the flexibility to enter into appropriate contracts and financial instruments to meet this benchmark and will not be subject to reasonableness review if the benchmark is met.
(ALJ Cooke)
(Agenda 3055, Item 6a, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-14a, 2/8/01, Continuation 2/15/01, Req - Commission)

H-16

A00-09-020 - Pacific Gas and Electric Company (PG&E).
For an order modifying D87-09-056 (A87-08-008) and authorizing it to issue short-term debt securities in an aggregate principal amount of $2,692,638,219 in excess of that authorized by Public Utilities Code Section 823(c). This decision grants the petition to modify D00-10-065 filed by PG&E. PG&E is authorized to issue $4 billion of additional debt for the purpose of financing the purchase of wholesale electricity for delivery to its retail customers.
(Com Wood - ALJ Kenney)
(Agenda 3055, Item 8, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-16, 2/8/01, Continuation 2/15/01; Req - Commission)

H-17

A00-10-029 - Pacific Gas and Electric Company (PG&E).
For authority to issue, sell, and deliver one or more series of its First Refunding Mortgage Bonds, debentures, subordinated deferrable interest debentures, promissory notes and/or other evidences of indebtedness in connection with domestic or euro-market offerings, to guarantee the obligations of others in respect of the issuance of securities and to arrange for standby letters of credit as performance guarantees, the total aggregate principal amount of such issuances and guarantees not to exceed $2 billion; (2) enter into one or more interest rate caps, collars and swaps; (3) issue variable rate debt (including fixed rate debt swapped to a variable rate) to finance balancing account undercollections; and (4) obtain an exemption from the Competitive Bidding Rule. This decision grants the petition to modify D00-12-064 filed by PG&E. PG&E is authorized to issue $4 billion of additional debt for the purpose of financing the purchase of wholesale electricity for delivery to its retail customers.
(Com Wood - ALJ Kenney)
(Agenda 3055, Item 9, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-17, 2/8/01, Continuation 2/15/01; Req - Commission)

H-17a
(2/5/01)

ALTERNATE ORDER TO ITEM H-17. This alternate order grants the petition to modify D00-12-064 filed by Pacific Gas and Electric Company (PG&E). PG&E is authorized to issue $4 billion of additional debt for purposes of financing the purchase of wholesale electricity for delivery to its retail customers. This alternate does contain the prohibition against the pledge of assets set forth in the proposed decision. This alternate, unlike the proposed decision, also does not impose the pledge of assets prohibition on the previous financing authority issued to PG&E.
(Com Duque)
(Agenda 3057, Item H-17a, 2/8/01, Continuation 2/15/01; Req - Commission)

H-18

A01-01-024 - Pacific Gas and Electric Company (PG&E).
For an immediate finding of a gas supply emergency and an order directing Southern California Gas Company to provide mutual assistance. This order directs PG&E to establish accounting procedures and systems necessary to segregate cash receipts and disbursements related to its Gas Department from its Electric Department. PG&E is ordered to preserve cash receipts collected from Gas Department customers necessary to secure timely payment of all debts owing to gas supply vendors on an ongoing basis. The issue of whether Southern California Gas Company should provide mutual assistance shall be addressed in a separate order. Pursuant to Gov. Code § 11125.3(a)(2), this matter may be placed on the agenda for the Commission's meeting, with less than 10 days' notice upon a vote of a two-thirds majority of the Commission, or if less than two-thirds of the Commissioners are present, by a unanimous vote of those present, because there is a need to take immediate action on this issue, and need to take action did not become known until after the agenda for the meeting was mailed.
(Com Lynch - ALJ Pulsifer)
(Agenda 3055, Item 10, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-18, 2/8/01, Continuation 2/15/01; Req - Commission)

H-19

A00-11-038 - Southern California Edison Company (SCE).
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 addresses the emergency motion filed by the Coalition of California Utility Employees to prevent SCE and Pacific Gas and Electric Company from laying off non-management utility employees.
(Com Lynch - ALJ Wong)
(Agenda 3057, Item 4, 2/8/01, Continuation 2/15/01, Req - Commission)

H-20

A01-01-024 - Pacific Gas and Electric Company (PG&E).
For an immediate finding of a gas supply emergency and an order directing Southern California Gas Company (SoCalGas) to provide mutual assistance. This decision addresses the emergency application of PG&E. PG&E's application seeks an order finding that a gas supply emergency exists and that SoCalGas be ordered to provide mutual assistance by supplying gas to core customers on PG&E's system.
(Com Lynch - ALJ Wong)
(Agenda 3057, Item 5, 2/8/01, Continuation 2/15/01, Req - Commission)

H-21

R00-10-002 - Order Instituting Rulemaking into the operation of interruptible load programs offered by Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison Company and the effect of these programs on energy prices, other demand responsiveness programs, and the reliability of the electric system.
This decision addresses utility tariffs for interruptible service.
(Com Wood - ALJ Mattson)
(Agenda 3057, Item 6, 2/8/01, Continuation 2/15/01, Req - Commission)

H-22

I__________ - Order Instituting Investigation and/or Order to Show Cause whether respondents Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric Company (SDG&E), Sempra Energy, and Southern California Edison Company (SCE) have complied with past Commission decisions authorizing their holding company formations and/or governing affiliate transactions, as well as applicable statues, and whether additional rules or changes are needed to address changing circumstances.
In this Order Instituting Investigation and/or Order to Show Cause, the Commission will review whether respondents PG&E, SDG&E, Sempra Energy, and SCE have complied with past Commission decisions authorizing their holding company formations and/or governing affiliate transactions, as well as applicable statues. The Commission may also inquire whether additional rules or changes are needed to address changing circumstances. Additionally, if the Commission determines that there has been noncompliance, it may order appropriate remedies, including but not limited to penalties and/or modifications or additions to the conditions, or otherwise, of the relevant decisions. The Commission may also impose other prospective rules, conditions, or other remedies, as appropriate, that may result from this inquiry.
(Com Lynch - ALJ Econome)
(Agenda 3057, Item 7, 2/8/01, Continuation 2/15/01, Req - Commission)

H-23

R99-11-022 - Order Instituting Rulemaking into Implementation of Pub. Util. Code § 390.
This item considers potential revisions to qualifying facility pricing resulting from recent legislative activity/settlement discussions.
(Com Wood - ALJ Cooke)
(Agenda 3057, Item 8, 2/8/01, Continuation 2/15/01, Req - Commission)

ORDERS

1

I99-04-022 - Order Instituting Investigation into the operations and practices of the Southern California Gas Company (SoCalGas), concerning the accuracy of information supplied to the Commission in connection with its Montebello Gas Storage Facility.
This decision denies Consumer Services Division's (CSD) Petition for Modification of D00-09-034, and clarifies that the Commission did not modify the SoCalGas/CSD settlement agreement to remove the requirement that the prior mineral rights owners (landowners) sign an appropriate general release if they elect to obtain rescission pursuant to the terms of the settlement. This proceeding is closed.
(Com Duque - ALJ Econome)
(Section 311(g)(1))

2
(2/20/01)

A00-11-038 - Southern California Edison Company (SCE).
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.
In this decision, the Commission considers aspects of an emergency petition to modify D.01-01-061 filed by Pacific Gas and Electric Company and Southern California Edison Company. The issue addressed at this time is how the utilities' responsibity for any shortfalls under SB 7X should be addressed. This item is added to the agenda pursuant to Government Code Sec. 11125.3(a)(2).
(Com Lynch - ALJ DeUlloa)
This item was not listed on the agenda distributed to the public.

3
(2/20/01)

A00-11-038 - Southern California Edison Company (SCE).
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.
In this decision, the Commission considers the emergency request of the Department of Water Resources regarding the allocation of generation charges paid by retail end-use customers and payment of such revenues by the utilities to DWR. This item is added to the agenda pursuant to Government Code Sec. 11125.3(a)(2).
(Com Lynch - ALJ DeUlloa)
This item was not listed on the agenda distributed to the public.

4
(2/20/01)

A92-12-043 - Pacific Gas and Electric Company (PG&E).
For an order pursuant to Section 1005.5(b) of the Public Utilities Code to increase the maximum cost specified in PG&E's Certificate of Public Convenience and Necessity to construct the California portion of the expansion of its natural gas pipeline. A93-03-038, A94-05-035,
A94-06-034, A94-09-056, A94-06-044, A96-08-043, R90-02-008,
R88-08-018, R92-12-016, I92-12-017, A92-07-049, A95-02-008,
A95-02-010, A94-11-015, A93-04-011, A94-04-002, A95-04-002,
A96-04-001, A94-12-039 - Related matters.
This decision addresses the emergency petition for modification of Decision 97-08-055 (PG&E Gas Accord) and Resolution G-3288, that was filed by the Northern California Generation Coalition on January 26, 2001. Pursuant to Gov. Code § 11125.3(a)(2), this matter was placed on the agenda for the Commission's meeting of February 22, 2001, with less than 10 days of notice upon a vote of a two-thirds majority of the Commission, or if less than two-thirds of the Commissioners are present, by a unanimous vote of those present, because there is a need to take immediate action on the petition, and the need to take action did not become known until after the agenda for the meeting was mailed.
(Com Bilas - ALJ Wong)
This item was not listed on the agenda distributed to the public.

UTILITIES RESOLUTIONS AND WRITTEN REPORTS

ENERGY MATTERS

E-1

Res E-3726 - San Diego Gas & Electric Company (SDG&E)
This resolution approves with modifications, SDG&E's Interim Bill Stabilization Plan implementing D.00-08-037, and SDG&E'S revisions to the Plan and implementation of the Energy Rate Ceiling Retroactive Credit to comply with Assembly Bill 265 and D.00-09-040. SDG&E's proposal to apply the Plan to DA customers is denied.
(Section 311(g)(1))

(Advice Letters (AL) 1249-E, 1254-E, 1260-E and 1264-E, filed August 28, 2000; September 12, 2000; October 2, 2000, and October 19, 2000, respectively. Supplemental ALs 1260-E-A, 1264-E-A, filed October 30, 2000 and December 6, 2000, respectively.)

E-1a

ALTERNATE RESOLUTION TO ITEM E-1. This alternate resolution approves with modifications SDG&E's proposal to apply the Plan to DA customers.
(Com Bilas)

TELECOMMUNICATIONS MATTERS

C-1

Res T-16388 - Greenlining Institute (Greenlining), GTE-California (GTEC), Latino Issues Forum (LIF), and the Consumer Services Division (CSD).
This resolution addresses a set of proposed bylaws filed by Greenlining, GTEC, LIF and CSD to implement a Telecommunications Consumer Protection Fund (Fund). The Fund is to be established for the benefit of limited-English and non-English speaking customers in the service areas most affected by the allegedly abusive marketing practices of GTEC.
(Section 311(g)(1))
(Agenda 3034, Item C-4, 3/2/00; Agenda 3035, Item C-3, 3/16/00; Agenda 3036, Item C-3, 4/6/00; Agenda 3037, Item C-3, 4/20/00; Agenda 3038, Item C-2, 5/4/00; Agenda 3039, Item C-4, 5/18/00; Agenda 3040, Item C-2, 6/8/00; Agenda 3041, Item C-1, 6/22/00; Agenda 3043, Item C-4, 7/20/00; Agenda 3046, Item C-1, 9/7/00; Agenda 3047, Item C-1, 9/21/00; Agenda 3050, Item C-1, 11/2/00; Agenda 3051, Item C-1, 11/21/00; Agenda 3052, Item C-2, 12/7/00; Agenda 3053, Item C-3, 12/21/00; Agenda 3054, Item C-1, 1/4/01; Agenda 3055, Item C-5, 1/18/01, Continuation 1/26/01; Req - Commission)

MANAGEMENT RESOLUTIONS AND WRITTEN REPORTS

M-1

Res M-4801 - This resolution confirms staff's authority to suspend the effectiveness of advice letter filings of tariff changes. This resolution also ratifies staff's suspension of advice letters prior to its effective date. (Section 311(g)(1))
(Agenda 3057, Item M-1, 2/8/01; Req - Commission)

COMMISSIONERS' REPORTS

MANAGEMENT REPORTS

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).

NON-FEDERAL ITEMS

ORDERS HELD OVER

HEX-1

Conference with Legal Counsel-Applications for Rehearing
C99-07-005 - Disposition of applications for rehearing of D00-04-025 filed by Samuel Anderson, PRO Engineering and Oasis Nuclear, Inc.
D00-04-025 dismissed applicants' complaint against Pacific Gas and Electric Company for failure to state a claim upon which the Commission should grant relief. Applicants' complaint had alleged violations of General Order 156 and Public Utilities Code Sections 8281 through 8286, provisions governing the Women, Minority, and Disabled Veterans Business Enterprises program.
(Gov. Code Sec. 11126(e)(2)(B)(i).)
(Agenda 3041, Item EX-7, 6/22/00; Agenda 3042, Item HEX-2, 7/6/00;
Agenda 3044, Item HEX-2, 8/3/00; Agenda 3046, Item HEX-2, 9/7/00;
Agenda 3047, Item HEX-2, 9/21/00; Agenda 3048, Item HEX-2, 10/5/00; Agenda 3049, Item HEX-2, 10/19/00; Agenda 3050, Item HEX-1, 11/2/00; Agenda 3051, Item HEX-4, 11/21/00; Agenda 3052, Item HEX-2, 12/7/00; Agenda 3053, Item HEX-2, 12/21/00; Agenda 3055, Item HEX-1, 1/18/01; Req - Commission)

HEX-2

Conference with Legal Counsel-Application for Rehearing
C99-09-024 - Disposition of the joint application for rehearing of
D00-04-004 filed by California Personnel Resources and Clarence A. Hunt, Jr. (Applicants). In this decision, the Commission dismissed the complaint of the Applicants against Pacific Gas and Electric Company. The complaint alleged violations of General Order 156 regarding Women, Minority, and Disabled Veterans Business Enterprises. The complaint was dismissed for failing to state sufficient facts for a viable claim.
(Gov. Code Sec. 11126(e)(2)(B)(i).)
(Agenda 3041, Item EX-8, 6/22/00; Agenda 3042, Item HEX-3, 7/6/00;
Agenda 3044, Item HEX-3, 8/3/00; Agenda 3046, Item HEX-3, 9/7/00;
Agenda 3047, Item HEX-3, 9/21/00; Agenda 3048, Item HEX-3, 10/5/00; Agenda 3049, Item HEX-3, 10/19/00; Agenda 3050, Item HEX-2, 11/2/00; Agenda 3051, Item HEX-5, 11/21/00; Agenda 3052, Item HEX-3, 12/7/00; Agenda 3053, Item HEX-3, 12/21/00; Agenda 3055, Item HEX-2, 1/18/01; Req - Commission)

HEX-3

Conference with Legal Counsel - Application for Rehearing
R98-07-037 - Disposition of the joint application for rehearing and the Petition for Modification filed by the Latino Issues Forum and the Greenlining Institute of D00-09-036. The interim decision approved the utilities' joint Phase 1 recommendations for standardizing installation standards, and other procedures for the Low-Income Energy Efficiency program.
(Gov. Code Sec. 11126(e)(2)(B)(i).)
(Agenda 3052, Item EX-4, 12/7/00; Agenda 3053, Item HEX-5, 12/21/00; Agenda 3054, Item HEX-2, 1/4/01; Agenda 3057, Item HEX-2, 2/8/01;
Req - Commission)

HEX-4

Conference with Legal Counsel - Applications for Rehearing
A97-12-020, I97-11-026, A94-12-005, I95-02-015 - Disposition of applications for rehearing filed by The Utility Reform Network and James Weil of D00-02-046. This general rate case decision establishes the authorized base electric and gas revenue requirements for Pacific Gas and Electric Company for the 1999 test year.
(Gov. Code Sec. 11126(e)(2)(B)(i).)
(Agenda 3052, Item EX-5, 12/7/00; Agenda 3053, Item HEX-6, 12/21/00; Agenda 3054, Item HEX-3, 1/4/01; Agenda 3055, Item HEX-3, 1/18/01; Agenda 3057, Item HEX-3, 2/8/01; Req - Commission)

HEX-5

Conference with Legal Counsel - Applications for Rehearing
R93-04-003, I93-04-002 - Disposition of applications for rehearing filed by AT&T Communications of California, Inc. and MCI WorldCom Network Services, Inc.; Pacific Bell (Pacific); California Cable Television Association; Time Warner Telecom of California, L.P. and Cox California Telcom, L.L.C.; and The Utility Reform Network of D99-11-050.
D99-11-050 set prices for unbundled network elements offered by Pacific.
(Gov. Code Sec. 11126(e)(2)(B)(i).)
(Agenda 3054, Item EX-6, 1/4/01; Agenda 3055, Item HEX-6, 1/18/01;
Agenda 3057, Item HEX-5, 2/8/01; Req - Commission)

HEX-6

Conference with Legal Counsel - Applications for Rehearing
R94-04-031, I94-04-032 - Disposition of applications for rehearing filed by The Utility Reform Network of D00-08-023. The decision authorized Pacific Gas and Electric Company and Southern California Edison Company to buy energy and ancillary services and capacity products in the bilateral market.
(Gov. Code Sec. 11126(e)(2)(B)(i).)
(Agenda 3054, Item EX-5, 1/4/01; Agenda 3055, Item HEX-5, 1/18/01;
Agenda 3057, Item HEX-8, 2/8/01; Req - Commission)

HEX-7

Conference with Legal Counsel - Application for Rehearing
I99-10-024 - Disposition of application for rehearing filed by USP&C, Inc. of D00-12-031. D00-12-031 extends the statutory deadline for resolution of I99-10-024, which involves an investigation into whether USP&C violated Public Utilities Code Sections 2889.9 and 2890 and whether the Commission should order California Telephone Companies to cease providing billing and collection services to USP&C.
(Gov. Code Sec. 11126(e)(2)(B)(i).)
(Agenda 3057, Item EX-5, 2/8/01; Req - Commission)

HEX-8

Conference with Legal Counsel - Application for Rehearing
R00-10-002 - Disposition of application for rehearing filed by California Manufacturers and Technology Association of D00-10-066 which temporarily suspended until March 31, 2001 the provision of the interruptible tariffs of Southern California Edison Company that allow a portion of its interruptible customers to opt-out of the interruptible program or change their firm service levels.
(Gov. Code Sec. 11126(e)(2)(B)(i).)
(Agenda 3057, Item EX-6, 2/8/01; Req - Commission)

ORDERS

EX-1

Conference with Legal Counsel - Applications for Rehearing
Compilation of applications for rehearing recently filed with the Commission. (Gov. Code Sec. 11126(e)(2)(B)(i).)

EX-2

Conference with Legal Counsel - Threatened Litigation
Significant exposure to litigation. (Gov. Code Sec. 11126(e)(2)(B).)

EX-3

Conference with Legal Counsel - Initiation of Litigation
Consideration of possible Commission initiation of, or intervention in, litigation. (Gov. Code Sec. 11126(e)(2)(C)(i).)

EX-4

Conference with Legal Counsel - Application for Rehearing
C00-05-022 - Disposition of the application for rehearing filed by Cox California Telcom, L.L.C. dba Cox Communications, of D00-11-038, which dismissed without prejudice Cox's complaint, filed pursuant to PU Code §625, seeking a Commission finding that the condemnation of certain easements belonging to Crow Development is necessary and in the public interest.
(Gov. Code Sec. 11126(e)(2)(B)(i).)

EX-5

Conference with Legal Counsel - Application for Rehearing
A00-01-026 - Disposition of the application for rehearing, filed by Bidwell Water Company of Resolution W-4243 in which the Commission implemented prior orders made in D98-10-025, as modified by D99-04-028. The Resolution was issued after Bidwell failed to comply over several months with the Commission's orders to reduce a customer surcharge and related tariff sheets.
(Gov. Code Sec. 11126(e)(2)(B)(i).)

FEDERAL ITEMS

FEX-1

Conference with Legal Counsel - Initiation of Litigation
Consideration of possible Commission initiation of, or intervention in, federal agency or court proceedings. (Gov. Code Sec. 11126(e)(2)(C)(i).)

SUBSCRIPTION NOTICE FOR AGENDA

AND

DRAFT AGENDA ITEMS

If you wish to subscribe to the agenda, please send your request with a check payable to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one-year subscription to the agenda is $75.

If you wish to receive draft agenda items, please send your request with a check payable to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one-year subscription to the entire public agenda package (which excludes Executive session materials) is $1000. The cost for energy agenda items only or telecommunication agenda items only is $500 per year. The package you receive via mail will include only those agenda items available at the time of the agenda distribution date, which is usually 10 to 12 days prior to the Commission meeting. If agenda items (including revisions) are not ready on the distribution date, they will be made available at no charge in the lobby outside the Commission Auditorium at 9:00 a.m. on the morning of the Commission meeting, but not earlier. In addition, the Commission will make draft agenda items available for viewing and photocopying (at 20 cents per page) at the Commission's Central Files Office (Room 2002), 505 Van Ness Avenue, San Francisco, and in the Commission offices in Los Angeles, San Diego, and the field office in Sacramento. Since the agenda package will be mailed to these locations, it will be available at these locations a day or two after the distribution date. These locations will not receive agenda items that are not ready on the distribution date.

Those intervenors who have financial hardship determination pending or granted shall be eligible to receive draft agenda item packets at no charge.

Ratesetting Deliberative Meeting* Room 5305 (1:30 p.m.) *Closed to the Public*	Commission Meeting Auditorium (10 a.m.) *Open to the Public*
Tuesday, February 20	Thursday, February 22
Monday, March 12	Thursday, March 15
Thursday, March 22	Tuesday, March 27
Monday, April 16	Thursday, April 19
Monday, April 30	Thursday, May 3

CA-1	Res TL-18958 - Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374(b) of the Public Utilities Code.

CA-2	Res ALJ-176-3058- Ratification of preliminary determinations of category for proceedings initiated by application. The preliminary determinations are pursuant to Article 2.5, Rules 4 and 6.1 of the Commission's Rules of Practice and Procedure.

CA-3	A00-06-028 - San Diego Gas & Electric Company (SDG&E) and Southern California Gas Company. For approval of a gas tariff which caps rates for small electric generation (EG) customers. SDG&E was ordered to file an EG rate which was capped for small EGs, with the large EGs responsible for costs in excess of the capped rate. SDG&E requests that the order be rescinded. Held: Order rescinded. The difference between the cost-based rate and the rate cap is small and does not warrant a departure from the more customary cost-based rate practice of the Commission. This proceeding is closed. (Com Bilas - ALJ Barnett) (Section 311(g)(1))

CA-4	C00-07-025 - Quality Conservation Services, Inc. vs. San Diego Gas & Electric Company (SDG&E). This decision grants the motion of SDG&E to dismiss this breach-of-contract complaint for failure to state a cause of action for which relief can be granted by this Commission. Complainant may seek its remedy in civil court. This proceeding is closed. (Com Bilas - ALJ Walker) (Section 311(g)(1))

CA-5	Res E-3728 - Southern California Edison Company (Edison). This resolution approves the supplemental agreements amending the qualified and nonqualified nuclear decommissioning trust investment management agreements between Edison and Bankers Trust Company. (Advice Letter 1501-E, filed November 28, 2000)

CA-6	A00-10-040 - Roseville Telephone Company (Roseville). Request for arbitration of an interconnection agreement with Electric Lightwave, Inc. (ELI). This decision grants the motion of ELI to dismiss this application. This proceeding is closed. (Com Duque - ALJ Walker) (Section 311(g)(1))

CA-7	Res T-16498 - Bay Associates. This resolution revokes the certificate of public convenience and necessity of Bay Associates, as requested by the company.

CA-8	Res T-16499 - Global Telesys Corp. This resolution revokes the certificate of public convenience and necessity of Global Telesys Corp., as requested by the company.

CA-9	Res T-16497 - Telegroup, Inc. This resolution revokes the certificate of public convenience and necessity of Telegroup, Inc., as requested by the company.

CA-10	A00-01-037 - Southern California Edison Company (SCE). This decision grants SCE's request to withdraw its application for authority to sell its Fuel Oil Pipeline Facilities. This proceeding is closed. (Com Bilas - ALJ Barnett)
CA-11	Res T-16484 - Pacific Bell (Pacific). This resolution approves two Resale Agreements between Pacific and OneStar Long Distance, Inc. (pending), and between Pacific and Preferred Carrier Services, Inc. dba Phones For All and Telefonos Para Todos, submitted under provisions of Resolution ALJ-181 and General Order 96-A. (Advice Letters 21502, and 21531, filed December 1, 2000, and December 22, 2000, respectively)

CA-12	Res T-16500 - Pacific Bell (Pacific). This resolution approves two Interconnection Agreements between Pacific and PaeTec Communications, Inc., and between Pacific and Platinum Development LLC dba Aevia, Inc., submitted under provisions of Resolution ALJ-181 and General Order 96-A. (Advice Letters 21501 and 21517, filed December 1, 2000, and December 14, 2000 respectively)

CA-13	Res T-16501 - Pacific Bell (Pacific). This resolution approves three CMRS Interconnection Agreements between Pacific and Tadlock's Communications, between Pacific and TSR Wireless LLC, and between Pacific and Nationwide Paging, submitted under provisions of Resolution ALJ-181 and General Order 96-A. (Advice Letters 21523, 21528, and 21532, filed December 15, 2000, December 19, 2000, and December 22, 2000, respectively.)

CA-14	Res W-4247 - Suburban Water Systems (SWS). This resolution grants SWS' request for an offset rate increase of $270,972 or 0.95% in additional revenue. (Advice Letter 229-W, filed January 9, 2001)

CA-15	Res W-4248 - Little Bear Water Company (LBWC). This resolution authorizes LBWC to impose a six-month surcharge of $7.09 per customer to recover a balance of $26,705.53 remaining in its Catastrophic Event Memorandum Account balance. (Advice Letter 35, filed January 12, 2001)

CA-16	I00-03-015 - Order Instituting Investigation on the Commission's own motion into the operations and practices of Let's Move It, Inc., California corporation and its President Amir Golan. This order extends the 12-month statutory deadline for resolving this proceeding until further notice. (Com Wood - ALJ Econome)

CA-17	A00-08-030 - Daniel Chiang and Jerry Liu, dba Safer Rider Bus (applicants). This decision grants applicants a certificate of public convenience and necessity to operate as a passenger stage corporation between points in Sacramento County and San Francisco International Airport, and to establish a Zone of Rate Freedom. This proceeding is closed. (Exam Koss)

CA-18	A00-10-054 - Nayaa I. Lacy dba Plane Ride. This decision grants Nayaa I. Lacy a certificate of public convenience and necessity to operate as a passenger stage corporation between points in the counties of Alameda, San Francisco, Contra Costa, and Santa Clara and San Francisco, Oakland, and San Jose International Airports, and to establish a Zone of Rate Freedom. This proceeding is closed. (Exam Koss)

CA-19	A00-09-024 - City of Coachella (City). This decision grants the City's request to construct a grade separation of 50^th Avenue over the Los Angeles-Yuma main line tracks of the Union Pacific Railroad Company and close the existing 50^th Avenue and 5^th Street at grade crossings, in Coachella, Riverside County. This proceeding is closed. (Exam Koss)

CA-20	A00-09-050 - State of California, Department of Transportation (Caltrans). This decision grants Caltrans' request to reconstruct Micheltorena Street overcrossing at separated grades over Union Pacific Railroad Company's Coast Main Line tracks in the City of Santa Barbara, Santa Barbara County. This proceeding is closed. (Exam Koss)

CA-21	A00-10-053 - Alameda Corridor Transportation Authority (ACTA). This decision grants ACTA's request to alter an existing grade-separated crossing at Alameda Street by the Alameda Corridor Project in the City of Los Angeles, Los Angeles County. This proceeding is closed. (Exam Koss)

CA-22	A00-11-005 - City of Lemoore (City). This decision grants City's request to close four existing private at-grade crossings and construct a new public at-grade crossing of Belle Haven Drive all along the Hanford Subdivision track and right of way of the Union Pacific Railroad Company in Lemoore, Kings County. This proceeding is closed. (Exam Koss)

CA-23	A00-11-008 - City of Atascadero (City). This decision grants City's request to construct a grade separation overhead bridge structure of El Camino Real over the Union Pacific Railroad Company's Cost Main Line track in the City, San Luis Obispo County. This proceeding is closed. (Exam Koss)

CA-24	Res W-4249 - Central Camp Water Company (CCWC). This resolution grants CCWC authority to collect a surcharge for recovery of expenses recorded in the Unanticipated Engineering and Unanticipated Legal Cost Memorandum Accounts consisting of two equal payments of $74.44 producing an increase in annual revenue of $11,017.17 or 74.4% for the cost of engineering and legal expenses.

CA-25	I00-01-018 - Investigation into Long Distance Charges, Inc., Least Cost Routing, Inc., National Telecommunications, Inc., Future Telecommunications, Inc., and Tel-Save, Inc., and Ned Gershenson and Doris Fisher in their individual and controlling officer and/or shareholder capacities. This order extends the 12-month statutory deadline for resolving this proceeding until further notice. (Com Wood - ALJ McKenzie)

CA-26	I00-03-001 - Investigation into the operations and practices of Qwest Communications Corporation, et al. concerning compliance with statutes, commission decisions, and other requirements applicable to the utility's installation of facilities in California for providing telecommunications service. This order extends the 12-month statutory deadline for resolving this proceeding until further notice. (Com Lynch - ALJ McKenzie)

CA-27	C00-03-017 - Carol Fisch vs. Garrapata Water Co., Inc. This order extends the 12-month statutory deadline for resolution of adjudicatory proceeding until further notice. (Com Duque - ALJ Vieth)

CA-28 (Rev.) (2/20/01)	A00-01-036 - Burlington Northern and Santa Fe Railway Company (BNSF). This decision considers the request of BNSF to dismiss its application to construct an additional lead track across Jack Tone Road and refer the matter to the Rail Safety and Carriers Division for consideration under General Order 88-A. This proceeding is closed. (Com Bilas - ALJ Prestidge) This revision was not listed on the agenda distributed to the public.

CA-29	A00-10-043 - Hillview Water Company, Inc. (Hillview). For authority to issue evidence of indebtedness (Promissory Note and Loan Agreement) and to grant security interest in its assets. This decision grants Hillview's request to borrow $3,408,477 under the Safe Drinking Water State Revolving Fund; to encumber its assets in connection with the loan; and to effect a surcharge to repay the loan. This proceeding is closed. (Exam Evans) (Agenda 3057, Item CA-9, 2/8/01; Req - Commission)

CA-30	(ECP) C00-08-023 - Henry N. Addington vs. Pacific Bell Telephone Company (Pacific). Complaint for Lifeline Service. Pacific now provides complainant with Lifeline Service. The complaint is dismissed. This proceeding is closed. (Com Duque - ALJ Barnett) (Agenda 3057, Item CA-16, 2/8/01; Req - Commission)

CA-31	C99-10-037 - County Sanitation District No. 2 of Los Angeles County (District) vs. Southern California Edison Company (Edison). This decision denies District's motion for summary judgment and grants Edison's motion for summary adjudication as to the 1st, 2nd, 4th and 5th causes of action. There is a triable issue of material fact on the 3rd cause of action as to whether Edison met its duty under Tariff Rule 12 to notify District of the availability of compensated metering. (Com Duque - ALJ Brown) (Section 311(g)(1)) (Agenda 3050, Item CA-3, 11/2/00; Agenda 3051, Item CA-18, 11/21/00; Agenda 3053, Item CA-5, 12/21/00; Agenda 3055, Item CA-12, 1/18/01, Continuation 1/26/01; Agenda 3057, Item CA-39, 2/8/01; Req -Commission)

_CA-32	C98-08-040 - Donna Matthews (Complainant) vs. Meadows Management Company, James K. Krueger and Rondell B. Hanson, dba. Plantation on the Lake Mobilehome Park (Defendants). The Defendants' motion to dismiss the complaint is granted. Complainant has failed to bear her burden of proving that water rates for Plantation on the Lake Mobilehome Park are not just and reasonable. This proceeding is closed. (Com Neeper - ALJ Ryerson) (Agenda 3053, Item CA-9, 12/21/00; Agenda 3054, Item CA-21, 1/4/01; Agenda 3055, Item CA-18, 1/18/01, Continuation 1/26/01; Agenda 3057, Item CA-41, 2/8/01; Req - Commission)

CA-33	C98-03-023 - Gina Guillamun DiResta vs. Esprit de Sol Apartments. This decision dismisses complaint for lack of jurisdiction. This proceeding is closed. (Com Neeper - ALJ Vieth) (Section 311(g)(1)) (Agenda 3046, Item CA-28, 9/7/00; Agenda 3048, Item CA-15, 10/5/00; Agenda 3049, Item CA-25, 10/19/00; Agenda 3050, Item CA-23, 11/2/00; Agenda 3051, Item CA-21, 11/21/00; Agenda 3052, Item CA-45, 12/7/00; Agenda 3053, Item CA-35, 12/21/00; Agenda 3054, Item CA-23, 1/4/01; Agenda 3055, Item CA-20, 1/18/01, Continuation 1/26/01; Agenda 3057, Item CA-42, 2/8/01; Req - Commission)

CA-34	A00-02-035 - San Jose Water Company (SJWC). This decision grants SCJWC's request to increase its rates by amounts designed to increase revenue by $8,240,700 (7.23%) for 2001; $5,011,000 (4.10%) for 2002; and $3,930,100 (3.09%) for 2003. The Commission authorizes rates of return on rate base of 9.23% for the year 2001; 9.25% in 2002; and 9.25% in 2003. The return on common equity (ROE) authorized by this decision is 10.20%. As a result of the revenue increase granted by this decision, the monthly bill for the average residential customer using 1,500 cubic feet per month would increase by $2.74 or 9.67%, from $28.33 to $31.07 for year 2001. Also, the Commission adopts a Settlement entered into by the Ratepayer Representation Branch (RRB) of the Water Division and SJWC. The Settlement resolves all issues between RRB and SJWC except for ROE. Following evidentiary hearings on this one issue, the Commission concludes that a constant ROE of 10.20% is just and reasonable for the years 2001-2003. This proceeding is closed. (Com Duque - ALJ Patrick) (Section 311(d)) (Agenda 3054, Item CA-5, 1/4/01; Agenda 3055, Item CA-17, 1/18/01, Continuation 1/26/01; Agenda 3057, Item CA-40, 2/8/01; Req - Commission)

CA-35	A00-07-006 - Southern California Edison Company (SCE). For authority to issue, sell, and deliver one or more series of Debt Securities and to guarantee the obligations of others in respect of the issuance of Debt Securities, the total aggregate principal amount of such indebtedness and guarantees not to exceed $1,586,840,000; to execute and deliver one or more indentures; to sell, lease, assign, mortgage, or otherwise dispose of or encumber utility property; to issue, sell and deliver in one or more series, an aggregate amount not to exceed $250,000,000 par or stated value of Cumulative Preferred Stock -- $25 Par Value, Cumulative Preferred Stock - $100 Par Value, Preference Stock or any combination thereof and for an exemption from the Commission's Competitive Bidding Rule. A88-03-024, A00-07-048, A97-11-032 - Related matters. Decision granting SCE certain exemptions from the Competitive Bidding Rule pursuant to its Expedited Petition for Modification of D88-07-069, D98-02-104, D00-10-040 and D00-10-063. These proceedings are closed. (Exam Evans)

CA-36	R99-11-022 - Order Instituting rulemaking into implementation of Public Utilities Code Section 390. This interim decision grants qualifying facilities that exercised that one-time option to switch to Power Exchange pricing be paid short-run avoided cost payments based on the Transition Formula adopted in D96-12-028, or as modified, for power produced as of January 19, 2001. (Com Wood - ALJ Cooke)

CA-37	C00-03-004 - WTA-Campbell Technology Park, LLC vs. San Jose Water Company. This decision extends the 12-month statutory deadline for issuance of the presiding officer's decision, due to the press of other business related to California's energy crisis. (Com Duque - ALJ Prestidge)

H-1	C98-06-016 - The Utility Consumers' Action Network (UCAN) vs. MCI Metro Access Transmission Services, Inc. (MCI Metro). This decision finds that MCI Metro has resolved all billing errors included in this proceeding, and that these errors support a fine of $250,000 as requested by UCAN. MCI Metro's forthright and cooperative conduct in resolving these errors, however, mitigates the need for the fine. This proceeding is closed. (Com Neeper - ALJ Bushey) (Section 311(g)(1)) (Agenda 3053, Item 1, 12/21/00; Agenda 3054, Item H-7, 1/4/01; Agenda 3055, Item H-4, 1/18/01, Continuation 1/26/01; Req - Commission)

H-1a	COMMISSIONER WOOD'S ORDER Re ITEM H-1. This alternate order finds that MCI Metro, in compliance with D99-04-05, has resolved billing errors, and that these errors support a fine. This proceeding is closed. (Agenda 3055, Item H-4a, 1/18/01, Continuation 1/26/01; Req - Commission)

_H-2	C99-01-039 - The Greenlining Institute, Latino Issues Forum vs. Pacific Bell, Pacific Bell Information Services. This decision denies the complaint after concluding, among other things, that the preponderance of the evidence does not establish that defendants deceptively marketed and sold voicemail to business customers. This proceeding is closed. (Com Neeper - ALJ Vieth) (Agenda 3038, Item 7, 5/4/00; Agenda 3040, Item H-4, 6/8/00; Agenda 3042, Item H-2, 7/6/00; Agenda 3043, Item H-2, 7/20/00; Agenda 3044, Item H-8, 8/3/00; Agenda 3046, Item H-7, 9/7/00; Agenda 3047, Item H-4, 9/21/00; Agenda 3048, Item H-5, 10/5/00; Agenda 3049, Item H-5, 10/19/00; Agenda 3050, Item H-9, 11/2/00; Agenda 3052, Item H-1, 12/7/00; Agenda 3053, Item H-4, 12/21/00; Agenda 3054, Item H-2, 1/4/01; Agenda 3057, Item H-1, 2/8/01; Req - Commission)

H-2a (2/16/01)	COMMISSIONER WOOD'S ORDER (PAGES) Re: ITEM H-2. These change pages decline to adjudicate claims that Pacific Bell violated the California Unfair Competition Law (Business and Professions Code Section 17200 et seq. and Section 17500 et seq.), and notes that remedies available under that law are cumulative and in addition to remedies that may be imposed under other laws. This item was not listed on the agenda distributed to the public.

_H-3	C98-04-004 - The Utility Consumers' Action Network vs. Pacific Bell. C98-06-003, C98-06-027, C98-06-049, I90-02-047 - Related matters. This decision disposes of appeals of Presiding Officer's Decision. These proceedings are closed. (Com Neeper - ALJ Bushey) (Agenda 3044, Item 3, 8/3/00; Agenda 3046, Item H-14, 9/7/00; Agenda 3047, Item H-8, 9/21/00; Agenda 3048, Item H-7, 10/5/00; Agenda 3049, Item H-6, 10/19/00; Agenda 3050, Item H-10, 11/2/00; Agenda 3052, Item H-2, 12/7/00; Agenda 3053, Item H-5, 12/21/00; Agenda 3054, Item H-3, 1/4/01; Agenda 3057, Item H-2, 2/8/01; Req - Commission)

_H-3a	COMMISSIONER NEEPER'S ORDER Re ITEM H-3. This decision disposes of appeals of Presiding Officer's Decision. These proceedings are closed. (Agenda 3044, Item 3a, 8/3/00; Agenda 3046, Item H-14a, 9/7/00; Agenda 3047, Item H-8a, 9/21/00; Agenda 3048, Item H-7a, 10/5/00; Agenda 3049, Item H-6a, 10/19/00; Agenda 3050, Item H-10a, 11/2/00; Agenda 3052, Item H-2a, 12/7/00; Agenda 3053, Item H-5a, 12/21/00; Agenda 3054, Item H-3a, 1/4/01; Agenda 3057, Item H-2a, 2/8/01; Req - Commission)

_H-3b	COMMISSIONER BILAS' ORDER (PAGES) Re. ITEM H-3a. These alternate pages assess a total fine of $10,039,000, in addition to the costs of the remedial Caller ID blocking options program, against Pacific Bell (Pacific), but stay imposition of one half of that amount, or $5,019,500, due to Pacific's candor and cooperation in this proceeding and its steps to voluntarily correct some abuses found herein. (Agenda 3050, Item H-10b, 11/2/00; Agenda 3052, Item H-2b, 12/7/00; Agenda 3053, Item H-5b, 12/21/00; Agenda 3054, Item H-3b, 1/4/01; Agenda 3057, Item H-2b, 2/8/01; Req - Commission)

_H-3c	COMMISSIONER WOOD'S ORDER Re. ITEM H-3. This decision differs from the Presiding Officer's Decision in the following ways: it determines that Pacific Bell's (Pacific) practice of requiring service representatives to promote optional services on every incoming call violates applicable disclosure and service standards contained in Section 451, Section 2896, and Tariff Rule 12. Like the Presiding Officer's Decision, this decision declines to adjudicate claims that Pacific violated the California Unfair Competition Law (Business and Professions Code Section 17200 et seq. and Section 17500 et seq.), and notes that remedies available under that law are cumulative and in addition to remedies that may be imposed under other laws. The discussion has been revised, however, to clarify that a court is the appropriate forum in which to adjudicate Unfair Competition Law claims and that nothing in this decision is intended to preclude a court from imposing additional remedies under that law. The amount of the fine is not changed significantly ($43.8 Million), but the decision clarifies how the fine amount was calculated and the criteria that were considered. The fine is imposed in its entirety with no portion suspended. (Agenda 3052, Item H-2c, 12/7/00; Agenda 3053, Item H-5c, 12/21/00; Agenda 3054, Item H-3c, 1/4/01; Agenda 3057, Item H-2c, 2/8/01; Req - Commission)

H-3d (Rev.) (2/20/01)	COMMISSIONER BROWN'S ORDER Re: ITEM H-3c. This order revise downward the total fine assessed against Pacific Bell for its unlawful action. The discussion of the fine has been revised to explain how the record evidence was weighed in accordance with the factors which the Commission has applied in previous cases in determining an appropriate fine in this case. This item was not listed on the agenda distributed to the public. This revision was not listed on the agenda distributed to the public.

H-4a	ALTERNATE ORDER TO ITEM H-4. This alternate order grants in part the Motion for Adoption of Settlement jointly filed by Hillview Water Company, Inc. (Hillview) and the Ratepayer Representation Branch of the Water Division. This alternate order also grants Hillview's Petition for Modification of the OII so as to eliminate the requirement on the proposals to increase rates or charges be consolidated with this enforcement proceeding. (Com Duque) (Agenda 3057, Item H-3a, 2/8/01; Req - Commission)

H-5	C99-06-034 - The Utility Consumers' Action Network vs. MCI Telecommunications Corporation (MCI). This decision approves a settlement agreement providing for MCI to pay $522,458.33. It also orders MCI to refund this amount to current customers. This proceeding is closed. (Com Neeper - ALJ Bushey) (Section 311(g)(1)) (Agenda 3051, Item CA-5, 11/21/00; Agenda 3052, Item CA-40, 12/7/00; Agenda 3053, Item CA-33, 12/21/00; Agenda 3054, Item CA-26, 1/4/01; Agenda 3055, Item CA-23, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-4, 2/8/01; Req - Commission)

H-6	I98-12-012 - Order Instituting Investigation on the Commission's own motion into the rates, charges, and practices of water and sewer utilities providing service to mobilehome parks and multiple unit residential complexes and the circumstances under which those rates and charges can be passed to the end user. This decision reviews information obtained about current practices of owners/operators of mobilehome parks and multiple unit residential complexes which bill tenants for water and sewer services separately from rent. It isolates the major issues and explains the existing jurisdictional framework so that the legislature may formulate appropriate public policy solutions. This proceeding is closed. (Com Lynch - ALJ Vieth) (Section 311(g)(1)) (Agenda 3044, Item 2, 8/3/00; Agenda 3046, Item H-13, 9/7/00; Agenda 3048, Item H-2, 10/5/00; Agenda 3049, Item H-3, 10/19/00; Agenda 3050, Item H-7, 11/2/00; Agenda 3051, Item H-6, 11/21/00; Agenda 3052, Item H-7, 12/7/00; Agenda 3053, Item H-9, 12/21/00; Agenda 3054, Item H-5, 1/4/01; Agenda 3055, Item H-2, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-5, 2/8/01; Req - Commission)

H-7	R00-02-005 - Order Instituting Rulemaking on the Commission's own motion into reciprocal compensation for telephone traffic transmitted to Internet Service Providers (ISPs) modems. This decision finds the calls to ISPs should continue to be treated as local calls for purposes of applying reciprocal compensation for call termination. (Com Neeper - ALJ Pulsifer) (Section 311(d)) (Agenda 3052, Item 1, 12/7/00; Agenda 3053, Item H-13, 12/21/00; Agenda 3054, Item H-6, 1/4/01; Agenda 3055, Item H-3, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-6, 2/8/01; Req - Commission)

H-7a	ALTERNATE ORDER TO ITEM H-7. This alternate order concludes that calls bound to the Internet do not meet the criteria for treatment as local calls and thus are not subject to reciprocal compensation. This alternate eliminates the current requirement for reciprocal compensation payment for Internet traffic effective prospectively. In its place, this alternate establishes as a preferred outcome bill-and-keep or any other mutually agreeable inter-carrier arrangement that carriers propose in their interconnection agreements. (Coms Neeper/Duque) (Agenda 3053, Item H-13a, 12/21/00; Agenda 3054, Item H-6a, 1/4/01; Agenda 3055, Item H-3a, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-6a, 2/8/01; Req - Commission)

H-8	I99-07-003 - Order Instituting Investigation on the Commission's own motion to consider the costs and benefits of various promising revisions to the regulatory and market structure governing California's Natural Gas Industry and to report to the California Legislature on the Commission's findings. This decision considers three contested settlement proposals addressing the promising options raised in D99-07-015 as applied to the Southern California Gas Company natural gas system, and to a lesser extent, the San Diego Gas and Electric Company gas system. Based on the record developed regarding costs and benefits, and the official notice we take of gas prices at the border and at Pacific Gas and Electric Company's citygate in the past few months since the close of the evidentiary hearing, we choose to approve the most modest proposal, the Interim Settlement, with some modifications. The major modification is the rejection of the provision for an automatic expansion of capacity at Wheeler Ridge with rolled-in rates if certain criteria are met. Additionally, based on the evidence in the record, we unbundle core interstate transportation from rates, eliminate core contribution to noncore interstate transition cost surcharges and the core subscription option as well as the caps and thresholds for core aggregation programs. We reduce the core aggregation program threshold, and offer billing options to core aggregators. Finally, we once again urge the Legislature to enact consumer protection legislation for those ratepayers served by core aggregators and other marketers. This proceeding is closed. (Com Bilas - ALJ Biren) (Section 311(d)) (Agenda 3053, Item 2, 12/21/00; Agenda 3054, Item H-8, 1/4/01; Agenda 3055, Item H-5, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-7, 2/8/01; Req - Commission)

H-9	R00-05-001 - Order Instituting Rulemaking into implementation of Senate Bill (SB) 669, regarding the Deaf and Disabled Telecommunications Program (DDTP). This decision implements those provisions of SB 669, passed by the State Legislature in 1999, relating to the DDTP. (Com Duque - ALJ Thomas) (Section 311(g)(1)) (Agenda 3053, Item 3, 12/21/00; Agenda 3054, Item H-9, 1/4/01; Agenda 3055, Item H-6, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-8, 2/8/01; Req - Commission)

H-10	A99-03-049 - Southern California Gas Company (SoCalGas). For recovery of costs related to the El Nino storms. This decision modifies the stipulation presented by SoCalGas and the Office of Ratepayer Advocates regarding SoCalGas' recovery of certain costs through the Catastrophic Event Memorandum Account. It modifies the stipulation to allow SoCalGas to recover $4,713,616, reduced by $110,000 in disallowed costs, through 2002, as well as future carrying costs for the capital investments. It adopts The Utility Reform Network's recommendation regarding allocation of revenue requirement among customer classes and directs, for this case only, that the costs be allocated to customers based upon function. It directs SoCalGas to address the issue of pipeline location, maintenance, and repair in its next cost-of-service or performance-based ratemaking proceeding. This proceeding is closed. (Com Duque - ALJ Bytof) (Section 311(d)) (Agenda 3047, Item CA-5, 9/21/00; Agenda 3048, Item CA-36, 10/5/00; Agenda 3049, Item CA-28, 10/19/00; Agenda 3050, Item CA-25, 11/2/00; Agenda 3051, Item CA-22, 11/21/00; Agenda 3052, Item CA-46, 12/7/00; Agenda 3053, Item CA-39, 12/21/00; Agenda 3054, Item H-16, 1/4/01; Agenda 3055, Item H-9, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-9, 2/8/01; Req - Commission)

H-10a	ALTERNATE ORDER TO ITEM H-10. This alternate decision rejects the stipulation presented by Southern California Gas Company (SoCalGas) and the Office of Ratepayer Advocates regarding SoCalGas' recovery of certain costs through the Catastrophic Event Memorandum Account. It finds that there is insufficient evidence to conclude that these costs are reasonable and incremental to normal, ongoing operation and repair of SoCalGas' facilities, and denies recovery of those costs at this time. It directs SoCalGas, if it wishes to pursue recovery of those costs, to file for recovery of its capital and operational costs associated with the El Nino storms in its next cost of service proceeding. (Com Lynch) (Agenda 3055, Item H-9a, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-9a, 2/8/01; Req - Commission)

H-11	A99-03-025 - Roseville Telephone Company (RTC). This decision modifies RTC's New Regulatory Framework to (1) suspend sharing; (2) eliminate depreciation reviews; (3) suspend the I-X portion of the price adjustment formula; (4) eliminate most Z-factor adjustments; (5) establish an LE factor mechanism; and (6) modify monitoring report requirements. This decision also orders a refund and permanent revenue reduction related to post-retirement benefits other than pensions. This proceeding is closed. (Com Neeper - ALJ O'Donnell) (Section 311(d)) (Agenda 3055, Item 1, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-10, 2/8/01; Req - Commission)

H-12	R98-07-037 - Order Instituting Rulemaking on the Commission's proposed policies governing energy efficiency, low-income assistance renewable energy and research, development and demonstration. This decision approves the recommendations contained in the Phase 2 Standardization Project Report and Phase 1 Reporting Requirement Manual Report, with certain modifications. These recommendations apply to the low-income assistance programs implemented by Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Edison Company and Southern California Gas Company. Their purpose is to standardize the policies and procedures for implementing and reporting the results of low-income assistance programs, across utilities. (Com Neeper - ALJ Gottstein) (Section 311(g)(1)) (Agenda 3055, Item 2, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-11, 2/8/01; Req - Commission)

H-13	I ___________ - Order Instituting Investigation into the revenue requirement of Roseville Telephone Company (Roseville) pursuant to D00-11-039. This order institutes an investigation into Roseville's expense levels and revenue requirement to determine the source of funding to replace the $11.5 million Extended Area Service payment which Roseville has been receiving from Pacific Bell. (Com Wood - ALJ Jones) (Agenda 3055, Item 4, 1/18/01, Continuation 1/26/01; Agenda 3057, Item H-12, 2/8/01, Continuation 2/15/01, Req - Commission)

H-14	R99-11-022 - Order Instituting Rulemaking into Implementation of Public Utilities Code Section 390. This decision resolves the petition to modify the "factor" adopted in D96-12-028 filed by Southern California Edison Company (SCE). The Administrative Law Judge further expanded the scope of the proceeding to consider modifications to the natural gas price indices adopted in D96-12-028. This decision adopts a formula, to be updated monthly, to revise SCE's factor adopted in D96-12-028 and adopts an alternative gas index to replace the Topock index adopted in D96-12-028. This decision also establishes a ceiling price for payments to qualifying facilities of $67.45 per megawatt-hour based on the reasonableness standard described by the Federal Energy Regulatory Commission in 93 FERC ¶ 61,294. (Com Wood - ALJ Cooke) (Agenda 3053, Item 12, 12/21/00; Agenda 3054, Item H-14, 1/4/01; Agenda 3055, Item H-8, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-13, 2/8/01, Continuation 2/15/01, Req - Commission)

H-15	R94-04-031 - Order Instituting Rulemaking on the Commission's proposed policies governing restructuring California's electric services industry and reforming regulation. I94-04-032 - Related matter. Order clarifying and modifying D00-08-023 and D.00-09-075, and establishing guidelines for prudent electric market bilateral forward contracting for Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas & Electric Company, pursuant to D00-12-065 and related comments subsequently filed. (Com Lynch - ALJ Cooke) (Agenda 3055, Item 6, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-14, 2/8/01, Continuation 2/15/01; Req - Commission)

H-15a	ALTERNATE ORDER TO ITEM H-15. This alternate order adopts a total generation cost benchmark of 6¢/kilowatt hour for Pacific Gas and Electric Company, Southern California Edison Company and San Diego Gas & Electric Company. The utilities are provided the flexibility to enter into appropriate contracts and financial instruments to meet this benchmark and will not be subject to reasonableness review if the benchmark is met. (ALJ Cooke) (Agenda 3055, Item 6a, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-14a, 2/8/01, Continuation 2/15/01, Req - Commission)

H-16	A00-09-020 - Pacific Gas and Electric Company (PG&E). For an order modifying D87-09-056 (A87-08-008) and authorizing it to issue short-term debt securities in an aggregate principal amount of $2,692,638,219 in excess of that authorized by Public Utilities Code Section 823(c). This decision grants the petition to modify D00-10-065 filed by PG&E. PG&E is authorized to issue $4 billion of additional debt for the purpose of financing the purchase of wholesale electricity for delivery to its retail customers. (Com Wood - ALJ Kenney) (Agenda 3055, Item 8, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-16, 2/8/01, Continuation 2/15/01; Req - Commission)

H-17	A00-10-029 - Pacific Gas and Electric Company (PG&E). For authority to issue, sell, and deliver one or more series of its First Refunding Mortgage Bonds, debentures, subordinated deferrable interest debentures, promissory notes and/or other evidences of indebtedness in connection with domestic or euro-market offerings, to guarantee the obligations of others in respect of the issuance of securities and to arrange for standby letters of credit as performance guarantees, the total aggregate principal amount of such issuances and guarantees not to exceed $2 billion; (2) enter into one or more interest rate caps, collars and swaps; (3) issue variable rate debt (including fixed rate debt swapped to a variable rate) to finance balancing account undercollections; and (4) obtain an exemption from the Competitive Bidding Rule. This decision grants the petition to modify D00-12-064 filed by PG&E. PG&E is authorized to issue $4 billion of additional debt for the purpose of financing the purchase of wholesale electricity for delivery to its retail customers. (Com Wood - ALJ Kenney) (Agenda 3055, Item 9, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-17, 2/8/01, Continuation 2/15/01; Req - Commission)

H-17a (2/5/01)	ALTERNATE ORDER TO ITEM H-17. This alternate order grants the petition to modify D00-12-064 filed by Pacific Gas and Electric Company (PG&E). PG&E is authorized to issue $4 billion of additional debt for purposes of financing the purchase of wholesale electricity for delivery to its retail customers. This alternate does contain the prohibition against the pledge of assets set forth in the proposed decision. This alternate, unlike the proposed decision, also does not impose the pledge of assets prohibition on the previous financing authority issued to PG&E. (Com Duque) (Agenda 3057, Item H-17a, 2/8/01, Continuation 2/15/01; Req - Commission)
H-18	A01-01-024 - Pacific Gas and Electric Company (PG&E). For an immediate finding of a gas supply emergency and an order directing Southern California Gas Company to provide mutual assistance. This order directs PG&E to establish accounting procedures and systems necessary to segregate cash receipts and disbursements related to its Gas Department from its Electric Department. PG&E is ordered to preserve cash receipts collected from Gas Department customers necessary to secure timely payment of all debts owing to gas supply vendors on an ongoing basis. The issue of whether Southern California Gas Company should provide mutual assistance shall be addressed in a separate order. Pursuant to Gov. Code § 11125.3(a)(2), this matter may be placed on the agenda for the Commission's meeting, with less than 10 days' notice upon a vote of a two-thirds majority of the Commission, or if less than two-thirds of the Commissioners are present, by a unanimous vote of those present, because there is a need to take immediate action on this issue, and need to take action did not become known until after the agenda for the meeting was mailed. (Com Lynch - ALJ Pulsifer) (Agenda 3055, Item 10, 1/18/01, Continuation 1/26/01, Continuation 1/31/01; Agenda 3057, Item H-18, 2/8/01, Continuation 2/15/01; Req - Commission)

H-19	A00-11-038 - Southern California Edison Company (SCE). 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 addresses the emergency motion filed by the Coalition of California Utility Employees to prevent SCE and Pacific Gas and Electric Company from laying off non-management utility employees. (Com Lynch - ALJ Wong) (Agenda 3057, Item 4, 2/8/01, Continuation 2/15/01, Req - Commission)

H-20	A01-01-024 - Pacific Gas and Electric Company (PG&E). For an immediate finding of a gas supply emergency and an order directing Southern California Gas Company (SoCalGas) to provide mutual assistance. This decision addresses the emergency application of PG&E. PG&E's application seeks an order finding that a gas supply emergency exists and that SoCalGas be ordered to provide mutual assistance by supplying gas to core customers on PG&E's system. (Com Lynch - ALJ Wong) (Agenda 3057, Item 5, 2/8/01, Continuation 2/15/01, Req - Commission)

H-21	R00-10-002 - Order Instituting Rulemaking into the operation of interruptible load programs offered by Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison Company and the effect of these programs on energy prices, other demand responsiveness programs, and the reliability of the electric system. This decision addresses utility tariffs for interruptible service. (Com Wood - ALJ Mattson) (Agenda 3057, Item 6, 2/8/01, Continuation 2/15/01, Req - Commission)

H-22	I__________ - Order Instituting Investigation and/or Order to Show Cause whether respondents Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric Company (SDG&E), Sempra Energy, and Southern California Edison Company (SCE) have complied with past Commission decisions authorizing their holding company formations and/or governing affiliate transactions, as well as applicable statues, and whether additional rules or changes are needed to address changing circumstances. In this Order Instituting Investigation and/or Order to Show Cause, the Commission will review whether respondents PG&E, SDG&E, Sempra Energy, and SCE have complied with past Commission decisions authorizing their holding company formations and/or governing affiliate transactions, as well as applicable statues. The Commission may also inquire whether additional rules or changes are needed to address changing circumstances. Additionally, if the Commission determines that there has been noncompliance, it may order appropriate remedies, including but not limited to penalties and/or modifications or additions to the conditions, or otherwise, of the relevant decisions. The Commission may also impose other prospective rules, conditions, or other remedies, as appropriate, that may result from this inquiry. (Com Lynch - ALJ Econome) (Agenda 3057, Item 7, 2/8/01, Continuation 2/15/01, Req - Commission)

H-23	R99-11-022 - Order Instituting Rulemaking into Implementation of Pub. Util. Code § 390. This item considers potential revisions to qualifying facility pricing resulting from recent legislative activity/settlement discussions. (Com Wood - ALJ Cooke) (Agenda 3057, Item 8, 2/8/01, Continuation 2/15/01, Req - Commission)

1	I99-04-022 - Order Instituting Investigation into the operations and practices of the Southern California Gas Company (SoCalGas), concerning the accuracy of information supplied to the Commission in connection with its Montebello Gas Storage Facility. This decision denies Consumer Services Division's (CSD) Petition for Modification of D00-09-034, and clarifies that the Commission did not modify the SoCalGas/CSD settlement agreement to remove the requirement that the prior mineral rights owners (landowners) sign an appropriate general release if they elect to obtain rescission pursuant to the terms of the settlement. This proceeding is closed. (Com Duque - ALJ Econome) (Section 311(g)(1))

2 (2/20/01)	A00-11-038 - Southern California Edison Company (SCE). 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. In this decision, the Commission considers aspects of an emergency petition to modify D.01-01-061 filed by Pacific Gas and Electric Company and Southern California Edison Company. The issue addressed at this time is how the utilities' responsibity for any shortfalls under SB 7X should be addressed. This item is added to the agenda pursuant to Government Code Sec. 11125.3(a)(2). (Com Lynch - ALJ DeUlloa) This item was not listed on the agenda distributed to the public.

3 (2/20/01)	A00-11-038 - Southern California Edison Company (SCE). 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. In this decision, the Commission considers the emergency request of the Department of Water Resources regarding the allocation of generation charges paid by retail end-use customers and payment of such revenues by the utilities to DWR. This item is added to the agenda pursuant to Government Code Sec. 11125.3(a)(2). (Com Lynch - ALJ DeUlloa) This item was not listed on the agenda distributed to the public.

ALTERNATE RESOLUTION TO ITEM E-1. This alternate resolution approves with modifications SDG&E's proposal to apply the Plan to DA customers. (Com Bilas)

ALTERNATE RESOLUTION TO ITEM E-1. This alternate resolution approves with modifications SDG&E's proposal to apply the Plan to DA customers.
(Com Bilas)

4 (2/20/01)	A92-12-043 - Pacific Gas and Electric Company (PG&E). For an order pursuant to Section 1005.5(b) of the Public Utilities Code to increase the maximum cost specified in PG&E's Certificate of Public Convenience and Necessity to construct the California portion of the expansion of its natural gas pipeline. A93-03-038, A94-05-035, A94-06-034, A94-09-056, A94-06-044, A96-08-043, R90-02-008, R88-08-018, R92-12-016, I92-12-017, A92-07-049, A95-02-008, A95-02-010, A94-11-015, A93-04-011, A94-04-002, A95-04-002, A96-04-001, A94-12-039 - Related matters. This decision addresses the emergency petition for modification of Decision 97-08-055 (PG&E Gas Accord) and Resolution G-3288, that was filed by the Northern California Generation Coalition on January 26, 2001. Pursuant to Gov. Code § 11125.3(a)(2), this matter was placed on the agenda for the Commission's meeting of February 22, 2001, with less than 10 days of notice upon a vote of a two-thirds majority of the Commission, or if less than two-thirds of the Commissioners are present, by a unanimous vote of those present, because there is a need to take immediate action on the petition, and the need to take action did not become known until after the agenda for the meeting was mailed. (Com Bilas - ALJ Wong) This item was not listed on the agenda distributed to the public.

E-1	Res E-3726 - San Diego Gas & Electric Company (SDG&E) This resolution approves with modifications, SDG&E's Interim Bill Stabilization Plan implementing D.00-08-037, and SDG&E'S revisions to the Plan and implementation of the Energy Rate Ceiling Retroactive Credit to comply with Assembly Bill 265 and D.00-09-040. SDG&E's proposal to apply the Plan to DA customers is denied. (Section 311(g)(1)) (Advice Letters (AL) 1249-E, 1254-E, 1260-E and 1264-E, filed August 28, 2000; September 12, 2000; October 2, 2000, and October 19, 2000, respectively. Supplemental ALs 1260-E-A, 1264-E-A, filed October 30, 2000 and December 6, 2000, respectively.)

E-1a	ALTERNATE RESOLUTION TO ITEM E-1. This alternate resolution approves with modifications SDG&E's proposal to apply the Plan to DA customers. (Com Bilas)

C-1	Res T-16388 - Greenlining Institute (Greenlining), GTE-California (GTEC), Latino Issues Forum (LIF), and the Consumer Services Division (CSD). This resolution addresses a set of proposed bylaws filed by Greenlining, GTEC, LIF and CSD to implement a Telecommunications Consumer Protection Fund (Fund). The Fund is to be established for the benefit of limited-English and non-English speaking customers in the service areas most affected by the allegedly abusive marketing practices of GTEC. (Section 311(g)(1)) (Agenda 3034, Item C-4, 3/2/00; Agenda 3035, Item C-3, 3/16/00; Agenda 3036, Item C-3, 4/6/00; Agenda 3037, Item C-3, 4/20/00; Agenda 3038, Item C-2, 5/4/00; Agenda 3039, Item C-4, 5/18/00; Agenda 3040, Item C-2, 6/8/00; Agenda 3041, Item C-1, 6/22/00; Agenda 3043, Item C-4, 7/20/00; Agenda 3046, Item C-1, 9/7/00; Agenda 3047, Item C-1, 9/21/00; Agenda 3050, Item C-1, 11/2/00; Agenda 3051, Item C-1, 11/21/00; Agenda 3052, Item C-2, 12/7/00; Agenda 3053, Item C-3, 12/21/00; Agenda 3054, Item C-1, 1/4/01; Agenda 3055, Item C-5, 1/18/01, Continuation 1/26/01; Req - Commission)

M-1	Res M-4801 - This resolution confirms staff's authority to suspend the effectiveness of advice letter filings of tariff changes. This resolution also ratifies staff's suspension of advice letters prior to its effective date. (Section 311(g)(1)) (Agenda 3057, Item M-1, 2/8/01; Req - Commission)

HEX-2	Conference with Legal Counsel-Application for Rehearing C99-09-024 - Disposition of the joint application for rehearing of D00-04-004 filed by California Personnel Resources and Clarence A. Hunt, Jr. (Applicants). In this decision, the Commission dismissed the complaint of the Applicants against Pacific Gas and Electric Company. The complaint alleged violations of General Order 156 regarding Women, Minority, and Disabled Veterans Business Enterprises. The complaint was dismissed for failing to state sufficient facts for a viable claim. (Gov. Code Sec. 11126(e)(2)(B)(i).) (Agenda 3041, Item EX-8, 6/22/00; Agenda 3042, Item HEX-3, 7/6/00; Agenda 3044, Item HEX-3, 8/3/00; Agenda 3046, Item HEX-3, 9/7/00; Agenda 3047, Item HEX-3, 9/21/00; Agenda 3048, Item HEX-3, 10/5/00; Agenda 3049, Item HEX-3, 10/19/00; Agenda 3050, Item HEX-2, 11/2/00; Agenda 3051, Item HEX-5, 11/21/00; Agenda 3052, Item HEX-3, 12/7/00; Agenda 3053, Item HEX-3, 12/21/00; Agenda 3055, Item HEX-2, 1/18/01; Req - Commission)

HEX-3	Conference with Legal Counsel - Application for Rehearing R98-07-037 - Disposition of the joint application for rehearing and the Petition for Modification filed by the Latino Issues Forum and the Greenlining Institute of D00-09-036. The interim decision approved the utilities' joint Phase 1 recommendations for standardizing installation standards, and other procedures for the Low-Income Energy Efficiency program. (Gov. Code Sec. 11126(e)(2)(B)(i).) (Agenda 3052, Item EX-4, 12/7/00; Agenda 3053, Item HEX-5, 12/21/00; Agenda 3054, Item HEX-2, 1/4/01; Agenda 3057, Item HEX-2, 2/8/01; Req - Commission)

HEX-4	Conference with Legal Counsel - Applications for Rehearing A97-12-020, I97-11-026, A94-12-005, I95-02-015 - Disposition of applications for rehearing filed by The Utility Reform Network and James Weil of D00-02-046. This general rate case decision establishes the authorized base electric and gas revenue requirements for Pacific Gas and Electric Company for the 1999 test year. (Gov. Code Sec. 11126(e)(2)(B)(i).) (Agenda 3052, Item EX-5, 12/7/00; Agenda 3053, Item HEX-6, 12/21/00; Agenda 3054, Item HEX-3, 1/4/01; Agenda 3055, Item HEX-3, 1/18/01; Agenda 3057, Item HEX-3, 2/8/01; Req - Commission)

HEX-5	Conference with Legal Counsel - Applications for Rehearing R93-04-003, I93-04-002 - Disposition of applications for rehearing filed by AT&T Communications of California, Inc. and MCI WorldCom Network Services, Inc.; Pacific Bell (Pacific); California Cable Television Association; Time Warner Telecom of California, L.P. and Cox California Telcom, L.L.C.; and The Utility Reform Network of D99-11-050. D99-11-050 set prices for unbundled network elements offered by Pacific. (Gov. Code Sec. 11126(e)(2)(B)(i).) (Agenda 3054, Item EX-6, 1/4/01; Agenda 3055, Item HEX-6, 1/18/01; Agenda 3057, Item HEX-5, 2/8/01; Req - Commission)

HEX-6	Conference with Legal Counsel - Applications for Rehearing R94-04-031, I94-04-032 - Disposition of applications for rehearing filed by The Utility Reform Network of D00-08-023. The decision authorized Pacific Gas and Electric Company and Southern California Edison Company to buy energy and ancillary services and capacity products in the bilateral market. (Gov. Code Sec. 11126(e)(2)(B)(i).) (Agenda 3054, Item EX-5, 1/4/01; Agenda 3055, Item HEX-5, 1/18/01; Agenda 3057, Item HEX-8, 2/8/01; Req - Commission)

HEX-7	Conference with Legal Counsel - Application for Rehearing I99-10-024 - Disposition of application for rehearing filed by USP&C, Inc. of D00-12-031. D00-12-031 extends the statutory deadline for resolution of I99-10-024, which involves an investigation into whether USP&C violated Public Utilities Code Sections 2889.9 and 2890 and whether the Commission should order California Telephone Companies to cease providing billing and collection services to USP&C. (Gov. Code Sec. 11126(e)(2)(B)(i).) (Agenda 3057, Item EX-5, 2/8/01; Req - Commission)

HEX-8	Conference with Legal Counsel - Application for Rehearing R00-10-002 - Disposition of application for rehearing filed by California Manufacturers and Technology Association of D00-10-066 which temporarily suspended until March 31, 2001 the provision of the interruptible tariffs of Southern California Edison Company that allow a portion of its interruptible customers to opt-out of the interruptible program or change their firm service levels. (Gov. Code Sec. 11126(e)(2)(B)(i).) (Agenda 3057, Item EX-6, 2/8/01; Req - Commission)

EX-1	Conference with Legal Counsel - Applications for Rehearing Compilation of applications for rehearing recently filed with the Commission. (Gov. Code Sec. 11126(e)(2)(B)(i).)

EX-2	Conference with Legal Counsel - Threatened Litigation Significant exposure to litigation. (Gov. Code Sec. 11126(e)(2)(B).)

EX-3	Conference with Legal Counsel - Initiation of Litigation Consideration of possible Commission initiation of, or intervention in, litigation. (Gov. Code Sec. 11126(e)(2)(C)(i).)

EX-4	Conference with Legal Counsel - Application for Rehearing C00-05-022 - Disposition of the application for rehearing filed by Cox California Telcom, L.L.C. dba Cox Communications, of D00-11-038, which dismissed without prejudice Cox's complaint, filed pursuant to PU Code §625, seeking a Commission finding that the condemnation of certain easements belonging to Crow Development is necessary and in the public interest. (Gov. Code Sec. 11126(e)(2)(B)(i).)

EX-5	Conference with Legal Counsel - Application for Rehearing A00-01-026 - Disposition of the application for rehearing, filed by Bidwell Water Company of Resolution W-4243 in which the Commission implemented prior orders made in D98-10-025, as modified by D99-04-028. The Resolution was issued after Bidwell failed to comply over several months with the Commission's orders to reduce a customer surcharge and related tariff sheets. (Gov. Code Sec. 11126(e)(2)(B)(i).)

FEX-1	Conference with Legal Counsel - Initiation of Litigation Consideration of possible Commission initiation of, or intervention in, federal agency or court proceedings. (Gov. Code Sec. 11126(e)(2)(C)(i).)