STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

July 2, 2001

TO: PARTIES OF RECORD IN INVESTIGATION I.87-11-033.

This is the draft alternate decision of Commissioner Henry Duque. It will be on the Commission's agenda at the meeting on July 12, 2001. 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.

Pursuant to Rule 77.6(f) and the stipulation of the parties, the comment period for the alternate has been shortened. Comments on the draft decision shall be filed and received by July 9, 2001, and no reply comments will be accepted.

In addition to service by mail, parties should send comments in electronic form to those appearances on the state service list that provided an electronic mail address to the Commission and to Commissioner Duque's advisors, Lynne McGhee at lmc@cpuc.ca.gov. and Fassil Fenikile at ftf@cpuc.ca.gov.

/s/ LYNN T. CAREW

Lynn T. Carew, Chief

Administrative Law Judge

LTC:mlt

Attachment

Item 2a

7/12/2001

Decision DRAFT ALTERNATE DECISION OF COMMISSIONER

DUQUE (mailed July 2, 2001)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of Alternative Regulatory Frameworks of Local Exchange Carriers.

Investigation 87-11-033 (Filed November 25, 1987)

DECISION GRANTING IN PART

PETITION FOR MODIFICATION

Summary

The Petition for Modification of Decision (D.) 01-02-041 filed by the Commission's Office of Ratepayer Advocates (ORA) is granted in part. Dicta in D.01-02-041 which addressed the discovery rights of ORA is removed. We clarify that ORA is entitled to access data request information provided by Pacific Bell to our Telecommunications Division in the course of the audit. At this time, we decline to provide any further clarification.