Results of Public Agenda 3162

Meeting Held on Friday, November 18, 2005 10:00 a.m.

San Francisco, California

Michael R. Peevey, President

John A. Bohn

Geoffrey F. Brown

Dian M. Grueneich

Susan P. Kennedy

Scheduled Commission Meetings

505 Van Ness Avenue, San Francisco

Ratesetting Deliberative Meeting*

Room 5305

(1:30 p.m.)

Closed to the Public

Commission Meeting

Auditorium

(10 a.m.)

Open to the Public

Tuesday, November 29, 2005 (San

Francisco ) (Will Be Held)

Thursday, December 01, 2005 (San

Francisco)

Thursday, December 15, 2005 (San

Francisco)

Monday, December 12, 2005 (San

Francisco)

Thursday, January 12, 2006 (San

Francisco)

Monday, January 09, 2006 (San

Francisco)

Monday, January 23, 2006 (San

Francisco)

Thursday, January 26, 2006 (San

Francisco)

Tuesday, February 14, 2006 (San

Francisco)

Thursday, February 16, 2006 (San

Francisco)

*Ratesetting Deliberative Meeting dates are reserved as noted but will be held only if there are ratesetting matters to be

considered and a Commissioner has requested that a Ratesetting Deliberative Meeting be held.

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

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

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

The following items are not subject to public comment:

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

·

Re 33:

Alice A. Huffman, CA NAACP, Sacramento

Darryl Conklein, Renewable Technologies

Re 39:

Betty Jo Toccoli, CA Small Business Assn. & CA Small Business Round Table, Culver City

Nancy Biagini, Communications Workers of America, Dist. 9, Sacramento

Re 40:

Betty Jo Toccoli, CA Small Business Assn. & CA Small Business Round Table, Culver City

Eric Minikel, International Institute of San Francisco, San Francisco

1

[4971]

A01-01-021 - Southern California Gas Company (SoCalGas) and San Diego Gas & Electric

Company (SDG&E).

Decision 02-08-065 deferred the core gas supply portfolio consolidation proposal of SoCalGas and

SDG&E pending the outcome of I02-11-040 (the Border Price OII).  Current gas supply conditions

cause the Commission to permit a new application by the utilities for consolidation.  This proceeding is

closed.

(Comr Kennedy - ALJ Barnett)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

2

[4975]

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

preliminary determinations are pursuant to Article 2.5, Rules 4 and 6.1 of the Commission's Rules of

Practice and Procedure.

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

3 (Rev.)

[4979]

This decision adopts the May 13, 2005 Settlement with five Supplemental Settlements. Within 45

days, PG&E shall file an advice letter with revised tariffs to become effective on or after January 1,

2006. The eligibility period for standby charge exemptions shall remain in effect. The proceeding

remains open to address the agricultural class definition issue.

(Comr Peevey - ALJ Mattson)

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

not part of the quorum in its consideration.)

Yes: (Bohn, Brown, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

4

[4994]

This resolution authorizes RR Lewis a surcharge producing an increase in annual revenues of $38,428

or 137% to recover engineering and construction costs of a temporary chlorination system and to

recover increases in water testing costs. (Advice Letter 20, filed August 29, 2005)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

5

[5014]

This resolution adopts level of the Public Utilities Commission Transportation Reimbursement Account

fees for fiscal year 2005-06. The fee levels set by this resolution for passenger vehicle operators,

vessel operators, commercial air operators and pipeline corporations are unchanged from the fee levels

set for fiscal year 2004-05.  The fee level set for the railroad corporations reflect a $1,113,000

increase from the level set for fiscal year 2004-05 due to an increase in rail safety staffing and funding

for a rail safety working group.

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

6

[5016]

A05-03-022 - Related matters. This decision grants Matrix a certificate of public convenience and

necessity and approves transfer of assets from Global Crossing Telecommunications to Matrix. These

proceedings are closed.

(Comr Grueneich - ALJ Yacknin)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

7

[5018]

This decision finds PG&E's administration of power purchase agreements and procurement of least

cost dispatch power activities for the period January 1, 2004 through December 31, 2004 (Record

Period) reasonable and prudent, and also finds PG&E’s $74.9 million undercollected Energy Resource

Recovery Account balance at December 31, 2004 reasonable.  This proceeding is closed.

(Comr Grueneich - ALJ Galvin)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

8

[5019]

This decision adopts test year 2006 revenue requirements, authorizes a return on equity, and creates a

low-income ratepayer assistance program for Apple Valley. This application is closed.

(Comr Grueneich - ALJ Long)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

9

[5022]

This decision grants Applicant a certificate of public convenience and necessity to provide resold

services.  This proceeding is closed.

(Comr Grueneich - ALJ Prestidge)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

10

[5024]

R02-06-001 - Order Instituting Rulemaking on policies and practices for advanced metering,

demand response, and dynamic pricing.

This decision closes Rulemaking 02-06-001 as most of the activities identified in the proceeding have

been completed.  The Commission identifies additional activities necessary to ensure that the demand

response programs provide full value to California ratepayers and establish a timetable for moving

forward on those activities.  This proceeding is closed.

(Comr Peevey - ALJ Cooke)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

11

[5028]

I04-04-024 - Order Instituting Investigation into the proposal of Sound Energy Solutions to

construct and operate a liquefied natural gas terminal at the Port of Long Beach.

This decision closes this investigation of Sound Energy Solutions’ plan to construct and operate a

liquefied natural gas plant at the Port of Long Beach. This proceeding is closed.

(Comr Brown - ALJ Malcolm)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

12

[5029]

For approval of the 2006 - 2008 energy efficiency programs and budget.  A05-06-011, A05-06-015,

A05-06-016 - Related matters.  This decision adopts the Joint Staff’s request for overall funding of

$162,794,829 for energy efficiency evaluation, measurement and verification activities over the

2006-2008 program cycle.  This represents approximately 7.6% of the total portfolio budgets for

energy efficiency authorized for this program cycle, including the program budgets adopted in

D05-09-043.

(Comr Kennedy - ALJ Gottstein)

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

not part of the quorum in its consideration.)

Yes: (Bohn, Brown, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

13

[5032]

This resolution revokes certificates of public convenience and necessity (CPCN) of the following

companies at their request: Affinity Network Incorporated (CPUC# (#) 5229), Eclipse

Communications Corp. (#5366), Easy Cellular, Inc. (#5775), Telephone Company of Central Florida,

Inc. (#5846), Teleglobe America, Inc. (#5871), Focal Communications Corporation of California

(#5922), Comm South Companies, Inc. (#5943), WWC License (#6141), Global Metro Networks

California, LLC (#6497), Tralee Telephone Company, LLC (#6699).

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

14

[5036]

A05-08-035 - San Carlos Telecom, Inc. (San Carlos) and Wave eXchange LLC  (Wave

eXchange).

This decision grants the request of San Carlos and Wave eXchange, pursuant to California Pub. Util.

Code §§ 851-854, for approval of a transaction pursuant to which Wave eXchange acquires that

portion of the outstanding shares of common stock that it does not already own, and thereby voting

control of San Carlos. The transaction will not affect the California operations of San Carlos. The

matter is uncontested. This proceeding is closed.

(Comr Kennedy - ALJ Patrick)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

15

[5037]

This decision grants SCE's Petition to Modify D00-10-040 as previously modified. The decision

clarifies that SCE has authority to issue $700 million in secured long term debt to finance energy

procurement. This proceeding is closed.

(Comr Peevey - ALJ Long)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

16

[5038]

For authority to establish post-transition period electric ratemaking mechanisms.  A99-01-019,

A99-01-034, A99-02-029 - Related matters.  These applications dealt with the end of the rate freeze

imposed by AB 1890. All matters have been resolved and there is no further need for these

proceedings. This decision closes these proceedings.

(Comr Kennedy - ALJ Long)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

17

[5040]

This resolution approves a CMRS Agreement between SBC and Jerry's Mobile Radio, in accordance

with the provisions of General Order 96-A and Resolution ALJ-181. (Advice Letter 27271, filed

August 30, 2005)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

18

[5041]

This resolution authorizes Rio Plaza to refinance the Safe Drinking Water Bond Act loan authorized by

Decision 88834 and to continue the existing surcharge rates to pay off the new loan. (Advice Letter

40-W, filed September 29 2005)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

19

[5042]

R05-07-015 - Order Instituting Rulemaking for purposes of amending the Rules of Practice

and Procedure to reflect internet access to the agenda and agenda item documents.

This decision amends Rules 79 and 80 to eliminate hard copy agenda, agenda item documents and

Daily Calendar subscription service. This proceeding is closed.

(Comr Bohn - ALJ Yacknin)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

20

[5045]

This decision grants SCE authority under Pub. Util. Code § 851 to enter into a lease agreement with

RHC Communities, LLC (RHC). The lease is for an 11.3-acre site located on a portion of SCE's

Center-Mesa transmission right of way in the City of Pico Rivera. RHC intends to construct and

operate a self-storage facility on the site. The application is unopposed. This proceeding is closed.

(Comr Brown - ALJ Walker)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

21

[5053]

This resolution authorizes Del Oro Water Company, Paradise Pines District a water quantity surcharge

producing an increase in revenue of $35,115 or 2.38% to recover the under-collection reflected in the

Purchased Water Memorandum Account. (Advice Letter 141, filed July 6, 2005)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

22

[5055]

Complainant seeks an energy efficiency rebate of $1,392. Held: Relief denied because his request did

not comply with SDG&E’s Energy Efficiency Rules.  This proceeding is closed.

(Comr Peevey - ALJ Barnett)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

23

[5062]

This decision authorizes Applicant to operate as a passenger stage corporation between certain cities

and communities in Placer and Sacramento Counties, on the one hand, and San Francisco and

Sacramento International Airports, on the other hand; and to establish a zone of rate freedom. This

proceeding is closed.

(Exam Clark)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

24

[5063]

This decision authorizes Buthaina M. Ibrahim to transfer his passenger stage corporation certificate to

A-1 Express Shuttle, Inc. This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

25

[5064]

This decision authorizes Farid Salem Dabit to transfer his passenger stage corporation certificate to On

Time Airport Shuttle, LLC. This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

26

[5065]

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

Angeles County, on the one hand, and Los Angeles International, John Wayne, Bob Hope, Long

Beach, and Ontario International Airports, Los Angeles/Long Beach Harbors, and the Los Angeles

Amtrak Station, on the other hand; and to establish a zone of rate freedom. This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

27

[5072]

This resolution modifies the amount of debt obligations of Warring Water Service, Inc. authorized in

Resolution W-4557.

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

28

[5074]

Pursuant to Pub. Util. Code §851, SCE  is authorized to lease available land on the Gould-Mesa

transmission right-of-way to Hawaii Properties, Inc. for the purpose of developing a business park in

the City of Rosemead.  This proceeding is closed.

(Comr Grueneich - ALJ Koss)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

29

[5075]

Pursuant to Pub. Util. Code §851, SCE is authorized to grant an easement on a parcel of land

(approximately one-tenth of an acre) in Tulare County to Brian and Cheryl Ford.  This proceeding is

closed.

(Comr Grueneich - ALJ Koss)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

30

[5076]

This decision grants Applicant a certificate of public convenience and necessity to provide limited

facilities-based and resold local exchange telecommunications services.  This proceeding is closed.

(Comr Brown - ALJ Grau)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

31

[5078]

SCE requests the Commission's authorization to establish a memorandum account to record

third-party costs associated with certain procurement-related activities. (Advice Letter 1920-E, filed

September 30, 2005)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

32

[4748]

R04-04-026 - Order Instituting Rulemaking to implement the California Renewables

Portfolio Standards Program.

This decision sets forth the basic parameters for the participation of Energy Service Providers,

Community Choice Aggregators, and small and multi-jurisdictional utilities in the Renewables Portfolio

Standards program.

(Comr Peevey - ALJ Allen)

Agenda 3157, Item 51 8/25/2005 (Peevey);

Agenda 3158, Item 22 9/8/2005 (Bohn);

Agenda 3159, Item 29 9/22/2005 (Peevey);

Agenda 3160, Item 15 10/6/2005 (Bohn);

Agenda 3161, Item 35 10/27/2005 (Staff)

Withdrawn (Comr. Grueneich recused herself from this agenda item and

was not part of the quorum in its consideration.)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

32a

[4959]

This alternate lays out a policy that electric service providers, community choice aggregators, and small

and multi-jurisdictional utilities must comply with certain fundamental aspects of the renewable portfolio

standard (RPS) program, but that the commission may distinguish them on a policy basis from the large

investor-owned utilities in terms of the manner in which they comply. The decision asks for further

proposals from parties on this subject. The alternate also articulates policy preferences on the use of

unbundled renewable energy credits for purposes of compliance with RPS.

(Comr Peevey)

Agenda 3160, Item 15a 10/6/2005 (Bohn);

Agenda 3161, Item 35a 10/27/2005 (Staff)

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

not part of the quorum in its consideration.)

Yes: (Bohn, Brown, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

33

[4897]

R04-03-017 - Order Instituting Rulemaking regarding policies, procedures and incentives for

distributed generation and distributed energy resources.

This decision adopts a methodology for assessing the costs and benefits of distributed generation

(DG).  The purpose of this inquiry into cost-benefit methodologies is to assure that the state’s support

for DG projects is economically sound and to assure that state policies promote as much DG as is

cost-effective, consistent with the Commission's general policy to include DG facilities as high-priority

energy resources.  The methodology the decision adopts today is designed to reflect the costs and

benefits of DG facilities from various perspectives and employs existing data immediately, which will be

modified in the future with the development of more precise economic values for some variables.

(Comr Peevey - ALJ Malcolm)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

34

[5010]

This decision approves the steam generator replacement program (SGRP) proposed by PG&E for

Diablo Canyon Power Plant Units 1 & 2 subject to the requirements imposed herein. In addition, the

decision certifies the Final Environmental Impact Report for the SGRP pursuant to the California

Environmental Quality Act. This proceeding is closed.

(Comr Brown - ALJ O'Donnell)

Signed (Pres. Peevey reserves the right to file a concurrence.

Comr. Grueneich recused herself from this agenda item and was not part

of the quorum in its consideration.)

Yes: (Bohn, Brown, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

35 (Rev.)

[5068]

This decision addresses the request of SoCalGas for authority to rework existing wells at two of its gas

storage fields, and to reclassify 4 Bcf of cushion gas to working gas for the benefit of its customers of

the California Alternate Rates for Energy program.

(Comr Kennedy - ALJ Wong)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

36

[5008]

This resolution approves SDG&E's request updating its revenue requirement associated with the

purchase of Ramco Generating One, including modifications to SDG&E's Non-fuel Generation

Balancing Account and Energy Resource Recovery Account. (Advice Letter 1711-E, filed July 26,

2005)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

37

[5030]

This resolution concludes that SMUD's proposal to annex the Cities of Davis, West Sacramento,

Woodland, and other portions of Yolo County, located in Pacific Gas and Electric Company's

(PG&E's) service territory, will not substantially impair PG&E's ability to provide adequate service at

reasonable rates within the remainder of its service territory. Request made by letter, effective August

22, 2005, from Sacramento Local Agency Formation Commission to the California Public Utilities

Commission.

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

38

[5085]

PG&E requests approval of its Winter Gas Savings Program for Residential and Small Commercial

Gas Customers and its Winter Revenue Deferred Program and new gas tariff Schedule G-10/20 -

Winter Gas Savings Program. (Advice Letter 2675-G, filed November 3, 2005)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

39

[5025]

This decision approves the application of SBC and AT&T to transfer control of AT&T and related

affiliates to SBC subject to the terms and requirements set forth in this order.  The Applicants must

comply with prescribed requirements in order for the proposed merger to provide reasonable

assurance that the merger will be in the public interest pursuant to Pub. Util. Code § 854.

(Comr Peevey - ALJ Pulsifer)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

39a

[5026]

This alternate decision approves the application of SBC Communications, Inc. (SBC) and AT&T

Corp. (AT&T) to transfer control of AT&T and related affiliates to SBC subject to the terms and

requirements set forth in this order.  As conditions of approval, the Applicants must 1) agree that by

February 28, 2006, they will cease forcing customers to purchase separately traditional local phone

service as a condition for obtaining DSL; 2) adopt the agreement that Applicants negotiated with

Greenlining and Latino Issues Forum by which SBC provides a $57 million increase in philanthropic

giving over a five year period and SBC commits to increasing purchases from minority businesses in

California; 3) commit $9 million per year for five years to a California Emerging Technology Fund, of

which no more than half may be counted towards satisfying the commitment in the Greenlining

agreement; and 4) provide a rate freeze on DSD1 and DS3 private network services for current

AT&T customers.

(Comr Kennedy, Comr Peevey)

Signed (Comr. Brown reserves the right to file a dissent.

Comrs. Grueneich, Kennedy, and Bohn reserve the right to file a

concurrence.)

Yes: (Bohn, Grueneich, Kennedy, Peevey)

No: (Brown)

Abstain: (none)

Absent: (none)

39b

[5080]

This alternate decision remands this proceeding for further examination.

(Comr Brown)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

40

[5027]

This decision authorizes the change in control whereby Verizon Communications, Inc. acquires MCI,

Inc. subject to three conditions. As conditions of approval, the Applicants must 1) agree that by

January 31, 2006, they will cease forcing customers to purchase separately traditional local phones

service as a condition for obtaining DSL; 2) adopt the agreement that Applicants negotiated with

Greenlining and Latino Issues Forum by which Verizon provides a $20 million increase in philanthropic

giving over a 5 year period and Verizon commits to increasing purchases from minority businesses in

California; 3) commit $3 million per year for five years to a California Emerging Technology Fund, of

which no more than half may be counted towards satisfying the commitment in the Greenlining

agreement. The terms of the Greenlining Agreement and California Emerging Technology Fund are

described in detail in the decision.

(Comr Kennedy - ALJ Walker)

Signed (Comrs. Brown and Grueneich reserve the right to file a dissent.

Comr. Bohn reserves the right to file a concurrence.)

Yes: (Bohn, Kennedy, Peevey)

No: (Brown, Grueneich)

Abstain: (none)

Absent: (none)

40a

[5058]

This alternate decision approves the application of Verizon Communications Inc. (Veriozn) and MCI,

Inc. (MCI) to transfer control of MCI's California utility subsidiaries to Verizon, subject to the

conditions set forth in the order.

(Comr Brown)

Yes: (Brown)

No: (Bohn, Grueneich, Kennedy, Peevey)

Abstain: (none)

Absent: (none)

40b

[5081]

This Alternate Decision remands this proceeding for evidentiary hearing on the applicability of Section

854(b) and other issues.

(Comr Brown)

Yes: (Brown, Grueneich)

No: (Bohn, Kennedy, Peevey)

Abstain: (none)

Absent: (none)

41

[4819]

R01-09-001 - Order Instituting Rulemaking on the Commission's own motion to assess and

revise the new regulatory framework for Pacific Bell and Verizon California Incorporated.

I01-09-002 - Related matters. This decision grants the petition of The Utility Reform Network and

Office of Ratepayer Advocates to expand the years covered by the proposed New Regulatory

Framework audit and denies the petition of Verizon to limit the scope of the audit in Phase III, but

states that it will consider whether and how to set a cost cap for the audit in Phase III.  In addition, the

decision defers the commencement of the audit until the conclusion of A05-04-020 or Phase 3 of the

instant proceeding, whichever is later.

(Comr Kennedy - ALJ Kenney)

Agenda 3157, Item 61 8/25/2005 (Brown);

Agenda 3158, Item 33 9/8/2005 (Bohn);

Agenda 3159, Item 37 9/22/2005 (Kennedy);

Agenda 3160, Item 19 10/6/2005 (Bohn);

Agenda 3161, Item 43 10/27/2005 (Kennedy)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

41a

[4873]

I01-09-002 - Related matters. This alternate decision varies from the draft decision in that it does not

attempt to direct ORA's audit of Verizon nor does it put limitations on ORA's audit via the allocation of

funding for the audit.

(Comr Brown)

Agenda 3157, Item 61a 8/25/2005 (Brown);

Agenda 3158, Item 33a 9/8/2005 (Bohn);

Agenda 3159, Item 37a 9/22/2005 (Kennedy);

Agenda 3160, Item 19a 10/6/2005 (Bohn);

Agenda 3161, Item 43a 10/27/2005 (Kennedy)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

42

[4892]

C03-09-001 - Casmalia Community Services District vs. Unocal Corporation, aka Casmite

Water System.

A03-12-024 - Related matters. This decision issues a certificate of public convenience and necessity

(CPCN) to Casmite Corporation to operate existing water system as a public utility, authorizes initial

rates, and imposes sanctions for operating without CPCN.

(Comr Brown - ALJ Thorson)

Agenda 3159, Item 38 9/22/2005 (Bohn);

Agenda 3160, Item 20 10/6/2005 (Bohn);

Agenda 3161, Item 44 10/27/2005 (Peevey)

Signed (Comr. Bohn recused himself from this agenda item and was not

part of the quorum in its consideration.)

Yes: (Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

43

[5023]

This resolution directs YSPUC to collect facilities fees from customers who applied for water service

on or after April 6, 2004. (Advice Letter 26, filed June 27, 2005)

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

44

[5021]

R04-10-010 - Rulemaking to set hourly rates for purposes of calculating intervenor

compensation awards, pursuant to Public Utilities Code Section 1801 and following, for work

performed in calendar year 2005.

This decision approves principles to govern hourly rates for intervenors’ representatives in calculating

award requests for work performed in 2005.  This proceeding is closed.

(Comr Peevey - ALJ Kotz)

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

not part of the quorum in its consideration.)

Yes: (Bohn, Brown, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

45

[5033]

On September 1, 2005, the Federal Energy Regulatory Commission (FERC) issued a Notice of

Inquiry (NOI) inviting comments on whether reforms are needed to FERC’s Order 888 pro forma

Open Access Transmission Tariff (OATT), and to the utilities’ individual OATTs, in order to ensure

that services thereunder are just, reasonable and not unduly discriminatory or preferential.  Staff seeks

the Commission’s authorization to file comments on FERC’s NOI.  These comments must be

submitted by November 22, 2005.

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

46

[5015]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

48

[4928]

I01-09-002 - Related matters.  Disposition of Application for Rehearing of D04-02-063 filed jointly

by the Office of Ratepayer Advocates and The Utility Reform Network.  In D04-02-063, the

Commission disposed of four of 72 findings resulting from an audit of SBC Pacific Telephone

Company (Pacific) for the period of 1997 to 1999.  Among other things, the Decision determined that

Pacific had properly written off the regulatory asset associated with post-retirement benefits other than

pensions (PBOPs) above the line in 1998.

Agenda 3159, Item 45 9/22/2005 (Staff);

Agenda 3160, Item 26 10/6/2005 (Kennedy);

Agenda 3161, Item 48 10/27/2005 (Kennedy)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

49

[4956]

Disposition of applications for rehearing of D04-05-017 and D04-05-018 filed by Mirant Delta, LLC

and Mirant Potrero, LLC; Western Power Trading Forum et al.; and Elk Hills Power, LLC.

D04-05-017 and D04-05-018 adopted requirements for the operation and maintenance of electric

generating facilities pursuant to Public Utilities Code Section 761.3. D04-05-017 adopted Logbook

Standards for thermal powerplants; D04-05-018 adopted General Order 167 implementing General

Duty Standards and Maintenance Standards for electric generating facilities.

Agenda 3160, Item 29 10/6/2005 (Staff);

Agenda 3161, Item 50 10/27/2005 (Staff)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

50

[5009]

A04-09-029, A04-09-030, A04-09-031, A04-09-032, A04-09-033, A04-09-034, A04-09-035  -

Related matters.  Disposition of Application for Rehearing of D05-07-022 filed by California Water

Service Company (CWS). D05-07-022 is a general rate case decision that establishes rates for eight

CWS districts.  The decision adopts a settlement of disputed issues jointly advocated by CWS and the

Office of Ratepayer Advocates and denies the unopposed request of CWS for interim rate relief

pursuant to Section 455.2 of Public Utilities Code.

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

51

[5079]

I95-04-044 - Related matters. Disposition of application for rehearing of Decision D05-08-040 by

The Telephone Connection of Los Angeles, Inc. and The Telephone Connection Local Services, LLC

(TCLA), alleging that the Commission has committed legal error by adopting a 1+10-digit dialing

pattern in the area served by the 310 NPA.  D05-08-040 grants a petition to modify D00-09-073,

and approves the immediate implementation of an all services overlay of a new 424 area code, rather

than a geographic split, within the 310 NPA.  Permissive use of the new dialing pattern in the 310

NPA begins on December 31, 2005 and mandatory use begins on July 26, 2006.

Yes: (Bohn, Brown, Grueneich, Kennedy, Peevey)

No: (none)

Abstain: (none)

Absent: (none)