Appendix A to P02120039 and new R. Jones Comment Dec.
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STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

July 18, 2003 Agenda ID #2441

TO: PARTIES OF RECORD IN PETITION 02-12-039

This is the revised draft decision of Administrative Law Judge (ALJ) Jones. It replaces the draft decision mailed to parties on June 27, 2003. It will not appear on the Commission's agenda for at least 30 days after the date it is mailed. The Commission may act then or it may postpone action until later.

When the Commission acts on the draft decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

Parties to the proceeding may file comments on the revised draft decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Comments shall be served on the service list to this proceeding at http://www.cpuc.ca.gov/published/service_lists;sl_index.htm. Comments must also be served on all certificated Competitive Local Exchange Carriers (CLECs) and all certificated Nondominant Interexchange Carriers (NDIECs). The list of CLECs/NDIECs may be found at http://www.cpuc.ca.gov/static/industry/telco/carrier+lists/index.htm . Finally, comments must be served separately on the ALJ and the assigned Commissioner/ and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.

/s/ ANGELA K. MINKIN

Angela K. Minkin, Chief

Administrative Law Judge

ANG:sid

Attachment

ALJ/KAJ/sid DRAFT Agenda ID #2441

Decision REVISED DRAFT DECISION OF ALJ JONES (Mailed 7/18/2003)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Petition of The Greenlining Institute and Latino Issues Forum for a Commission Order Instituting Rulemaking to Amend General Order Number 77-K and to Adopt a Regulation Requiring Regulated Utilities and Their Holding Companies to Annually Disclose Their Diversity, Executive Compensation And Philanthropic Contributions Pursuant to California Public Utilities Code Section 1708.5.

Petition 02-12-039

(Filed December 27, 2002)

Order Instituting Rulemaking on the Commission's Own Motion to Amend General Order 77-K.

Rulemaking _________

DECISION GRANTING, IN PART, PETITION OF THE GREENLINING INSTITUTE AND LATINO ISSUES FORUM AND ORDER INITIATING RULEMAKING TO AMEND GENERAL ORDER 77-K

Summary

This decision grants the Greenlining Institute/Latino Issues Forum's (Greenlining/LIF) petition for rulemaking to amend General Order 77-K (GO 77-K) to increase the compensation levels that trigger reporting under GO 77-K for utilities with operating revenues of $1 billion. We deny other aspects of Greenliing/LIF's petition because the general order already requires utilities to disclose compensation of employees, and Greenlining/LIF's request duplicates information available from other sources. Also, the information on the diversity of top executives and philanthropic contributions requested by Greenlining/LIF goes beyond the Commission's stated purpose in GO 77-K, namely to assist the Commission in setting rates.

In addition, we propose to exempt Competitive Local Exchange Carriers (CLECs) and Nondominant Interexchange Carriers (NDIECs) from the provisions of GO 77-K.

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