X. Assignment of Petition 02-10-035
Geoffrey F. Brown is the Assigned Commissioner and Janet A. Econome is the assigned ALJ in Petition 02-10-035.
1. On October 28, 2002, Greenlining Institute and Latino Issues Forum (Greenlining/LIF) filed a petition requesting certain amendments to GO 156 and refinements of GO 156's verification and reporting requirements.
2. It is reasonable to institute an order instituting rulemaking regarding possible amendments to GO 156, and to grant Greenlining/LIF's petition in this regard, in order to, among other things, effectuate a more concerted effort to implement GO 156 and facilitate greater standardization in the utilities' GO 156 reports.
1. Pursuant to Pub. Util. Code § 1708.5, the Commission has authority to consider a petition requesting the initiation of a rulemaking to amend GO 156.
2. The petition which is the subject of this order should be granted to the extent set forth in this order.
3. A rulemaking to amend GO 156 as set forth in this order should be initiated.
4. In their reports required to be filed and served by this rulemaking, utilities subject to GO 156 should report the following information:
· Report each "excluded category" the utility has invoked in its annual WMDVBE report to the Commission each year since the initiation of GO 156 through 2002. The utility should report this information by category and by year.
· Report how much in dollars, as well as in percentage of dollars, are attributable to a utility's exclusions under § 8.5 (or its predecessor) each year since the initiation of GO 156. In years a utility has utilized a separate fuel procurement base pursuant to Rule 8.10, it should report this data both (a) separately; and (b) combined with the dollars attributable to § 8.5 exclusions.
· Identify by verification order number each vendor that received payment for contract service for the reporting year 2002.
· Identify the company name, a brief description of service provided, and the dollar amount paid to the vendor for the reporting year 2002.
· Utilities which report fuel purchases separately under GO 156, §9.1.10 must also report this information by verification order number, company name, description and dollar amount.
· Explain the basis for any discrepancies in the total dollar amounts reported in the utility's annual report vs. this request.
ORDER
IT IS ORDERED that:
1. The Greenlining Institute and Latino Issues Forum's petition for the Commission to institute a rulemaking to amend General Order (GO) 156 is granted to the extent set forth in this order.
2. A rulemaking on the Commission's own motion into amending GO 156 as set forth in this order hereby initiated.
3. The Process Office shall place the respondent utilities set forth in Appendix B on the service list of this rulemaking. Other persons who wish to be included on the service list for this rulemaking shall send a letter to the Commission's Process Office no later than 20 days from the mailing of this order. Thereafter, such requests must be sent to, and approved by the assigned Administrative Law Judge (ALJ).
4. The utilities listed in Appendix B shall be made respondents to this rulemaking. These utilities shall file and serve the report directed in this rulemaking no later than May 15, 2003, unless otherwise directed by the Commission, the Assigned Commissioner, or the assigned ALJ.
5. Interested parties shall file and serve their responses to this order instituting rulemaking (including opening comments) by June 10, 2003 and reply comments by July 7, 2003, unless otherwise directed by the Commission, the Assigned Commissioner, or the assigned ALJ, in accordance with the Commission's rules for filing and serving documents.
6. As required by Rule 6(c)(2) of the Commission's Rules of Practice and Procedure, any party filing a response to this rulemaking shall state in the response any objections to (i) categorization of this proceeding as quasi-legislative, (ii) the determination that there is no need for hearings, or (iii) the preliminary scope and timetable for this proceeding.
7. A prehearing conference is set for June 23, 2003 at 10 a.m. in the Commission's Courtroom, 505 Van Ness Avenue, San Francisco, California 94102 to discuss the preliminary scoping memo, unless otherwise directed by the Commission, the Assigned Commissioner, or the assigned ALJ. Following the prehearing conference, the assigned Commissioner will rule on the scoping memo and make changes as appropriate.
8. Any party who believes that a hearing is required in this proceeding shall make that request in the party's response to this order. Any right that a party may otherwise have to a hearing will be waived if the party does not submit such request in its response.
9. The Executive Director shall serve this order on all California utilities subject to GO 156 as set forth in Appendix B, as well as the service lists for Rulemaking (R.) 87-02-026 and R.93-09-026.
10. Petition 02-10-035 is closed.
11. All future items filed with respect to this order shall bear only the caption and docket number of the order instituting rulemaking.
This order is effective today.
Dated February 27, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
Appendix A
1. Proposed Amendments to General Order (GO) 156, § 8.5 [eliminating the "excluded category" for WMDVBE reporting]. Other Rules affected by this change are GO 156, §§ 1.3.14; 6.3.3; 8.8, 8.10.4, 9.1.7, 9.1.9, and 10.1.4 as set forth below.
Existing Rule, GO 156, § 8.5
A utility may create an "excluded category" of products or services where it is clearly evident that WMDVBEs do not provide a specific product or service, or that sole source procurement is the only available procurement method. The utility shall bear the burden of demonstrating the unavailability of WMDVBEs capable of supplying such products or services. Because there may in the future be WMDVBEs capable of supplying products or services in an excluded category, the utility must justify in its annual report the continued existence of is excluded category. Excluded categories must be noted in the utility's annual report to the Commission on WMDVBE program progress and future plans.
Proposed Final Rule, GO 156, § 8.5
A utility may no longer create an "excluded category" of products and services for compliance with this General Order. However, the utility may explain in detail in its annual report how its ability to meet its WMDVBE goals are affected because WMDVBEs capable of supplying certain products and services are unavailable, or because sole source procurement is the only available procurement method. The utility may also include a description of any efforts made to find or recruit WMDVBE suppliers of products or services in areas where WMDVBE suppliers are currently unavailable, or where sole source procurement is currently the only available procurement method.
* * * * * * *
Existing Rule, GO 156, § 1.3.14
"Excluded category" means a category of products or services which may be removed from the dollar base used to establish goals, pursuant to Section 8.5 of this General Order, because of the established unavailability of WMDVBEs capable of supplying those products or services.
Proposed Final Rule, GO 156, Rule 1.3.14
Deleted per Decision ___________ [the final decision issued in this rulemaking.]
* * * * * * *
Existing Rule, GO 156, § 6.3.3
The subcontracting program need not be applied to the procurement of products manufactured for general consumption, such as paper, pens, and the like, or to the procurement of products and services in excluded categories.
Proposed Final Rule, GO 156, § 6.3.3
The subcontracting program need not be applied to the procurement of products manufactured for general consumption, such as paper, pens, and the like.
* * * * * * *
Existing Rule, GO 156, § 8.8
Overall program goals shall be expressed as a percentage of total dollars awarded to outside vendors in all categories of products and services purchased by a utility other than products and services which fall within an excluded category established by the utility pursuant to Section 8.5, or which are included in a fuel procurement base established pursuant to Section 8.10.
Proposed Final Rule, GO 156, § 8.8
Overall program goals shall be expressed as a percentage of total dollars awarded to outside vendors in all categories of products and services purchased by a utility other than products and services which are included in a fuel procurement base established pursuant to Section 8.10.
* * * * * * *
Existing Rule, GO 156, § 8.10.4
Utilities may exclude purchases of fuel other than domestic onshore natural gas if such fuel qualifies for an exclusion under Section 8.5 and if the utility plans for and reports on progress in increasing the procurement of such fuels from WMDVBEs.
Proposed Final Rule, GO 156, § 8.10.4
Delete per Decision _______________ [the final decision issued in this rulemaking.]
* * * * * * *
Existing Rule, GO 156, § 9.1.7
A summary of purchases and/or contracts for products and services in excluded categories.
Proposed Final Rule, GO 156, § 9.1.7
As to categories that a utility may have treated as "excluded categories" pursuant to former Section 8.5, an explanation if WMDVBE suppliers do not offer a particular product or service despite the utility's best efforts to recruit such suppliers, and a detailed description of the utility's efforts to find and recruit such suppliers.
* * * * * * *
Existing Rule, GO 156, § 9.1.9
See Proposal, part 2 below.
Proposed Final Rule, GO 156, § 9.1.9
See text for proposed final rule 9.1.9 below
* * * * * * *
Existing Rule, GO 156, § 10.1.4
Plans for seeking and or recruiting WMDVBE suppliers of products or services in any "excluded category" of products or services which has been removed from the procurement dollar base used to set goals because of the established unavailability of WMDVBE suppliers.
Proposed Final Rule, GO 156, § 10.1.4
Plans for seeking and or recruiting WMDVBE suppliers of products or services where WMDVBE suppliers are currently unavailable.
* * * * * * *
2. Proposed Amendments to General Order (GO) 156, § 9 [regarding elements to include in the utilities annual report]
Existing Rule, GO 156, § 9.1.2
A summary of WMDVBE purchases and/or contracts, with breakdowns by ethnicity, product and service categories compared with total utility contract dollars awarded to outside vendors in those categories.
Proposed Final Rule, GO 156, § 9.1.2.
A summary of WMDVBE purchases and/or contracts, with breakdowns by ethnicity, product and service categories compared with total utility contract dollars awarded to outside vendors in those categories. In order to achieve uniformity of reporting, product and service categories shall be reported according to the uniform system of accounts (USOA) applicable for each utility. (For example, electric utilities would present their information according to the Federal Energy Regulatory Commission's (FERC's) USOA applicable to electric utilities; gas utilities would utilize FERC's USOA for gas utilities and telephone utilities would report their information consistent with the Federal Communication Commission's USOA.)
* * * * * * *
Existing Rule, GO 156, § 9.1.9
A justification for the continued existence of any "excluded category" of products or services which has been removed from the procurement dollar base used to set goals because of the established unavailability of WMDVBE suppliers. Such justification must include a description of any efforts made to find and or recruit WMDVBE suppliers of products or services in the excluded category.
Proposed Final Rule, GO 156, § 9.1.9
Utilities shall retain their workpapers associated with their WMDVBE annual report and shall provide these workpapers to the Commission upon request.
(END OF APPENDIX A)
APPENDIX B
List of Respondents to the Rulemaking
AB Cellular Holding, L.L.C.
Allegiance Telecom of California, Inc.
AT&T Communications of California, Inc.
AT&T Broadband, Inc.
AT&T Wireless Services of California, Inc.
Bakersfield Cellular L.L.C.
Bay Area Cellular Telephone Company
Brooks Fiber Comms. of San Jose, Inc.
Cable & Wireless USA, Inc.
Cagal Cellular Communications Corp.
Cellco Partnership
Choice Communications
Cingular Wireless
Citizens Telecommunications Co. of California
Cox California Telecom, L.L.C.
Cox Communications PCS, L.P.
Fresno MSA Ltd. Partnership
Global Crossing Telecommunications
GTE Mobilnet of California
Lodi Gas Storage, L.L.C.
Los Angeles SMSA Limited Partnership
MCI Metro Access Transmission Services
MCI Worldcom, Inc.
Metropolitan Fiber Systems of California, Inc.
Mpower Communications Corp.
Napa Cellular Telephone Company
Nationwide Cellular Svc. Inc.
Nextel of California, Inc.
Nosva, L.P.
Omnipoint Communications, Inc.
PacifiCorp
Pacific Gas and Electric Company
Pac-West Telecommunications, Inc.
Qwest Communications Corporation
Roseville Telephone Company
SBC/California
SBC Advanced Solutions, Inc.
Sacramento Valley Ltd. Partnership
Salinas Cellular Telephone Company
San Diego Gas & Electric Company
Santa Barbara Cellular
Sierra Pacific Power Company
Southern California Edison Company
Southern California Gas Company
Southwest Gas Corporation
Sprint Communications Company, L.P.
Sprint PCS
Talk America, Inc.
TCG Los Angeles
U.S. Cellular
Vartec Telecom, Inc.
Verizon California, Inc.
Verizon Wireless, L.L.C.
Visalia Cellular Telephone Company
Wild Goose Storage, Inc.
XO California, Inc.
(END OF APPENDIX B)
