2. The Workshop

Pursuant to direction from the Commission in D.02-10-057, the Commission staff from the Energy and Legal divisions held a one-day workshop on May 28, 2003, in San Francisco to address specific issues regarding the application and implementation of GO 69-C. Participants were to be prepared to identify and discuss specific examples of issues that are raising concerns with the application of the General Order. Participants were encouraged to propose recommendations that they believed would clarify the implementation of
GO 69-C, but that would not interfere with the intent of the General Order.

The workshop was well-attended by interested parties from the energy and telecommunications utilities, as well as from the cable industry and other third parties. The workshop was structured to provide for introductions and an outline of the workshop objective; followed by statements from the participants; and a structured discussion of issues raised and potential solutions. Several participants provided written presentations at the workshop, which are attached to this report.

The consensus of the Parties attending the workshop was that General
Order 69-C itself is not defective and need not be changed. The Parties clearly indicated that clarification and guidance on a number of issues is required. Attendees acknowledged the guidance provided by the Commission's case-by-case approach; however, they noted that it is cumbersome and has not provided the bright-line clarity sought by the Petitioners in this proceeding. A wide variety of issues were raised and discussed at the Workshop and a number of suggestions as to how to proceed were made. This report will present each of the issue-areas raised, outline any approaches or solutions suggested by Workshop participants, and present a list of sample transactions that various Workshop participants believe might potentially be subject to GO 69-C.

Notice should be taken that the "suggested solutions" and the "sample transactions" presented in Sections 7 and 8 of this report do not represent the opinion of either the Commission or the staff: these are exclusively a representation of the Workshop participants' collective views for further consideration by all interested parties.

This report is organized into the following sections:

o Defining "revocability" and "limited use"

o Streamlining Section 851 via the Advice Letter process

o A "legalistic" proposal

o Miscellaneous issues:

o Deminimus transactions under Section 851

o A test for "necessary and useful"

o Transactions with other public agencies

o Other miscellaneous issues

o Suggested approaches/solutions

o Transactions potentially subject to GO 69-C