Results of Public Agenda 3191

Meeting Held on Thursday, May 3, 2007 10:00 a.m.

San Francisco, California

Michael R. Peevey, President

John A. Bohn

Rachelle B. Chong

Dian M. Grueneich

Timothy Alan Simon

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

Monday, May 21, 2007 (San

Francisco)

Thursday, May 24, 2007 (San

Francisco)

Thursday, June 07, 2007 (San

Francisco)

Monday, June 04, 2007 (San

Francisco)

Thursday, June 21, 2007 (San

Francisco)

Monday, June 18, 2007 (San

Francisco)

Monday, July 09, 2007 (San

Francisco)

Thursday, July 12, 2007 (San

Francisco)

Monday, July 23, 2007 (San

Francisco)

Thursday, July 26, 2007 (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 16: Aliza Wasserman, Green Guerrillas Against Greenwash, San Francisco, CA

Re 19: Margie Cooper, San Leandro, CA

Re 50:

Adam Scow

Alexis Krostue, Felton, CA

April Zilber, Felton, CA

Bryan Largay, Felton, CA

Connie Barr, Felton ,CA

Dorah Rosen, Scotts Valley, CA

Dr. Glenn Lyons, Felton, CA

Frank Adamson, Felton, CA

George Riley, Monterey Flow, Monerey, CA

Jim Graham, Felton, CA

John Fasolas, Felton, CA

Ken Meshke, Felton, CA

Larry Ford, Felton, CA

Lea Watson, Felton, CA

Manuel G. Fierro, Citizens for Public Water, Monterey, CA

Michele Mosher, Felton, CA

Nancy Gerdt, Felton, CA

Nancy Pratt, Carmel, CA

Peggy Black, Felton, CA

Rod Wilkerson, Felton, CA

Roxanne Graham, Felton, CA

Susan Kipping, Felton, CA

Susan Merritt, Felton, CA

Susan Renison, Felton, CA

Vince Waskell, Felton, CA

1 (Rev.)

[6243]

This resolution authorizes a general rate increase producing additional annual revenue of $144,753 or

70.1% in 2006.

Agenda 3185, Item 15 1/11/2007;

Agenda 3187, Item 3 2/15/2007 (Staff);

Agenda 3189, Item 3 3/15/2007 (Staff);

Agenda 3190, Item 3 4/12/2007 (Staff)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

2 (Rev.)

[6463]

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

preliminary determinations are pursuant to Rule 7.1 of the Commission's Rules of Practice and

Procedure.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

3

[6324]

For a certificate of public convenience and necessity (CPCN) to provide resold local exchange service

in California.   This decision grants the application for expansion of its existing CPCN to operate as a

resale provider of competitive local exchange services, subject to certain terms and conditions, in the

State of California.  However, the Commission  notes that Applicant has a history of failure to timely

file reports and pay fees as required by the terms of its CPCN.  If Applicant fails to comply with the

terms of its CPCN or with applicable legal or regulatory requirements in the future, the Commission

shall initiate proceedings to revoke Applicant’s CPCN.  This proceeding is closed.

(Comr Peevey - ALJ Prestidge)

Agenda 3187, Item 18 2/15/2007 (Staff);

Agenda 3189, Item 4 3/15/2007 (Staff);

Agenda 3190, Item 5 4/12/2007 (Staff)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

4

[6448]

A06-12-006 - Pac-West Telecomm, Inc. (Pac-West) and Pac-West Acquisition Company

(PWAC).

This decision grants the application of Applicants to transfer the control of Pac-West to PWAC.  The

Commission also finds that Applicants violated Section 852 because Pac-West transferred non-voting

stock to PWAC without first obtaining Commission approval and impose a penalty of $2500 for this

violation.  This proceeding is closed.

(Comr Grueneich - ALJ Prestidge)

Agenda 3189, Item 38 3/15/2007 (Staff);

Agenda 3190, Item 100 4/12/2007 (Staff)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

5

[6454]

R06-02-013 - Order Instituting Rulemaking to integrate procurement policies and consider

long-term procurement plans.

This decision addresses the Petition to Modify D06-07-029 filed by Southern California Edison

Company (SCE).  SCE requests approval to solicit in its current on-going standard-track request for

offers (RFO) up to an additional 500 megawatts (MW) of power purchase agreements (PPA) with

terms of up to 20 years from new generation facilities.  SCE also seeks to extend the cost allocation

methodology (CAM) adopted in D06-07-029 for these PPAs for the duration of their contract term.

The Commission grants SCE’s request to solicit an additional 500 MW in the standard-track of its

open RFO, in addition to the 1,500 MW authorized in D06-07-029, and modify the 10-year limit on

the CAM adopted in D06-07-029 by allowing SCE the option to continue the CAM by filing an

advice letter in the ninth year of the PPA seeking an extension, with justification, of up to an additional

10 years.  This proceeding is closed.

(Comr Peevey - ALJ Brown)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

6

[6460]

This Resolution approves PG&E’s Advice Letter (AL) with modifications relating to how PG&E shall

seek recovery of the amounts recorded in the proposed Land Conservation Plan Implementation

Account.  (AL 2954-E, filed December 15, 2006)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

7

[6481]

A06-10-031 - Yak Communications (America) Inc. (Yak America), Yak Communications Inc.,

and Yaktastic Inc. (together Applicants).

This decision grants the unopposed application of Yak Communications, Inc. (Yak), Yak

Communications (America) Inc. (Yak America), and Yaktastic Inc. (Yaktastic) for the transfer of

control of Yak America to Yaktastic on a prospective basis only.  This decision also denies

applicants’request for retroactive approval of this application, which was consummated without prior

Commission approval, in violation of Section 854(a). A fine in the amount of $5,000 is imposed based

on applicant’s failure to obtain Commission authorization for the transfer of control of Yak America to

Yaktastic without prior Commission authorization.  This proceeding is closed.

(Comr Chong - ALJ Prestidge)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

8

[6537]

R02-01-011 - Order Instituting Rulemaking Regarding the Implementation of the

Suspension of Direct Access Pursuant to Assembly Bill 1x and Decision 01-09-060.

This decision grants, in part, and denies, in part the Petition for Modification of D06-07-030, filed by

Pacific Gas and Electric Company (PG&E).  The modification to Table 3C is granted, but granting

modification does not endorse PG&E’s methodology for deriving the Power Charge.

(Comr Peevey - ALJ Pulsifer)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

9

[6538]

R02-01-011 - Order Instituting Rulemaking Regarding the Implementation of the

Suspension of Direct Access Pursuant to Assembly Bill 1X and Decision 01-09-060.

This decision grants, in part, the petition of the California Clean DG Coalition to modify D03-04-030.

The 1 megawatt (MW) exemption from the cost responsibility surcharge that was granted to clean DG

units not exceeding 1 MW in size is hereby extended to apply to clean distributed generation (DG)

units up to 5 MW in size. The petition is denied to the extent that it seeks to increase the magnitude of

the exemption per clean DG unit from 1 MW to 5 MW.

(Comr Peevey - ALJ Pulsifer)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

10

[6539]

R06-03-004 - Order Instituting Rulemaking Regarding Policies, Procedures and Rules for

California Solar Initiative, the Self-Generation Incentive Program and Other Distributed

Generation Issues.

D06-08-028 is modified to clarify a process in the California solar Initiative for handling applications

that drop out or reduce their system size.

(Comr Peevey - ALJ Duda)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

11

[6540]

This decision authorizes SDG&E to maintain its currently authorized Energy Resource Recovery

Account (ERRA) rates.  In the future, SDG&E is authorized to notify the Commission through advice

letter filings, instead of expedited applications, when its ERRA balances will exceed its trigger point but

do not require any change in ERRA rates.  Expedited ERRA applications shall continue to be used

when rate changes are necessary to amortize ERRA balances.  This proceeding is closed.

(Comr Peevey - ALJ Galvin)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

12

[6541]

R00-10-002 - Order Instituting Rulemaking into the operation of interruptible load programs

offered by Pacific Gas and Electric Company, San Diego Gas & Electric Company, and

Southern California Edison Company and the effect of these programs on energy prices,

other demand responsiveness programs, and the reliability of the electric system.

This order finds that no issues remain, and the proceeding is closed.

(Comr Peevey - ALJ Mattson)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

13

[6548]

This decision dismisses Application 02-07-039 by which Pacific Bell Telephone Company, dba

AT&T California, sought authority in 2002 under Public Utilities Code Section 851 to lease space in

administrative buildings and central offices and to transfer certain assets to AT&T Advanced Solutions.

This proceeding is closed.

(Comr Peevey - ALJ Reed)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

14

[6550]

The Commission grants PG&E's Petition for Modification of D03-06-028, and authorizes it to allocate

the gain-on-sale on a twelve-acre property in Antioch, known as the Los Medanos property, 33% to

shareholders and 67% to ratepayers, consistent with D06-12-043, the Commission’s recent decision

in the generic gain-on-sale proceeding.  This proceeding is closed.

(Comr Grueneich - ALJ Patrick)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

15

[6551]

R95-04-043 - Order Instituting Rulemaking on the Commission’s Own Motion into

Competition for Local Exchange Service.

I95-04-044 - Related matters. This order disposes of pending matters and closes the Local

Competition Proceeding.  This proceeding is closed.

(Comr Peevey - ALJ Pulsifer)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

16 (Rev.)

[6552]

R01-08-028 - Order Instituting Rulemaking to Examine the Commission’s Future Energy

Efficiency Policies, Administration and Programs.

This decision denies The Women’s Energy Matters’ (WEM’s) request for an award of compensation

for its participation in Decision D04-09-060, D05-01-055, and D05-04-051 and various rulings

issued in this proceeding.  This decision also rejects WEM’s request to reconsider compensation

denied for work leading to D05-01-007.

(Comr Peevey - ALJ Gottstein)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

17

[6553]

R02-01-011 - Order Instituting Rulemaking Regarding the Implementation of the

Suspension of Direct Access Pursuant to Assembly Bill 1x and Decision 01-09-060.

This decision grants the petition for modification of D06-07-030 filed by Pacific Gas and Electric

Company, et al. for adoption of protocols to allocate the 80 megawatt cap exemption from the

Department of Water Resources Power Charge applicable to New Municipal Departing Load.

R02-01-011 remains open.

(Comr Peevey - ALJ Pulsifer)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

18

[6555]

This decision adopts certain revisions to General Order 164, Rules and Regulations Governing State

Safety Oversight of Public Transit Guideway Systems (GO 164).  Revision of GO 164 is necessary

because of certain changes to 49 CFR Part 659 that were recently adopted by the Federal Transit

Administration of the United States Department of Transportation.  The version of GO 164 that is

currently in force is GO 164-C; this decision adopts a revised version, which we issue as GO 164-D.

R06-10-004 is closed.

(Comr Grueneich - ALJ Ryerson)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

19

[6556]

This resolution approves a pilot program which offsets the costs of wireless equipment for the

California Telephone Access Program certified participants using Deaf and Disabled

Telecommunications Program funds.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

20

[6560]

Sukhwinder Singh is authorized to operate as a passenger stage corporation between points in certain

cities in Alameda, Contra Costa, Marin, San Francisco, San Joaquin, San Mateo, Santa Clara, and

Solano Counties, on the one hand, and San Francisco, Oakland, and San Jose International Airports,

on the other hand.  This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

21

[6561]

A07-02-009 - Majid Khazaeian, dba Tri Valley Airporter, Kulwinder Singh, and Rajinder

Kaur.

Majid Khazaeian is authorized to transfer a passenger stage corporation certificate to Kulwinder Singh

and Rajinder Kaur, who are authorized to establish a zone of rate freedom.  This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

22 (Rev.)

[6562]

R01-08-028 - Order Instituting Rulemaking to examine the Commission’s future energy

efficiency policies, administration and programs.

A05-06-004; A05-06-011; A05-06-015; A05-06-016 - Related matters.   This decision awards the

Center for Small Business and the Environment (CSBE) $29,085 in compensation for its substantial

contributions to D04-09-060, D05-01-055, and D05-04-051.  This represents a decrease of

$18,240 from the total amount requested.  The Commission denies CSBE’s Petition to Modify

D06-04-028, related to the subject request.

(Comr Peevey - ALJ Gottstein)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

23

[6564]

For the 2005 Nuclear Decommissioning cost triennial proceeding to set contribution leves for the

companies' Nuclear Decommissioning Trust Funds.  A05-11-009 - Related matters. This decision

grants $50,720 in compensation for substantial contributions to D07-01-003 to The Utility Reform

Network.  This proceeding is closed.

(Comr Peevey - ALJ Long)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

24

[6565]

For the 2005 Nuclear Decommissioning cost triennial proceeding to set contribution leves for the

companies' Nuclear Decommissioning Trust Funds. A05-11-009 - Related matters. This decision

awards $60,507 for substantial contributions to D07-01-003 by Scott L. Fields, intervenor, in the

financial review of nuclear decommissioning trusts and related decommissioning activities.  This

proceeding is closed.

(Comr Peevey - ALJ Long)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

25

[6566]

This resolution authorizes a general rate increase producing an additional annual revenue of $419,548

or 37.8% in test year 2007.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

26

[6567]

This resolution authorizes a general rate increase producing additional annual revenue of $63,315 or

45.63% in test year 2007.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

27

[6568]

This resolution authorizes a general rate increase producing additional annual revenue of $25,524 or

55.75% in test year 2007.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

28

[6569]

This resolution requests approval of its Cooling Centers Pilot Program Proposal.  Request granted as

modified.  (Advice Letter 2990-E-A, filed March 15, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

62

[6595]

Disposition of Application for Rehearing of Resolution (Res.) E-3992.  In this resolution, the

Commission adopted a method of crediting for the the Net Energy Metering (NEM) tariffs.  These

tariffs involve the net energy exported from eligible (renewable) generators in Customer-Generating

Facilities that are comprised of multiple NEM-eligible and non-NEM-eligible generators.  The method

was adopted in compliance with Public Utilities Code Section 2827 et seq. and D05-08-013.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

29

[6573]

This decision grants the request of Caltrans to construct two grade-separated freeway junction ramps,

from northbound I-215 to westbound SR-210 and from eastbound SR-210 to southbound I-215,

over BNSF Railway Company’s mainline and siding railroad tracks, in the City of San Bernardino,

County of San Bernardino.  This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

30

[6577]

This decision requests approval of an Interconnection Agreement between AT&T California and

Globeltel, Inc. dba Allo Telecommunications, Inc., pursuant to Section 252 of the Telecommunications

Act of 1996.  (Advice Letter 29627, filed February 27, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

31

[6578]

This resolution requests approval of a CMRS Interconnection Agreement, between Verizon and Fisher

Wireless Services, Inc., pursuant to Section 252 of the Telecommunications Act of 1996.  (Advice

Letter 11819, filed March 15, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

32

[6579]

This resolution requests approval of a CMRS Interconnection Agreement, between AT&T and Fisher

Wireless Services, Inc., pursuant to Section 252 of the Telecommunications Act of 1996.  (Advice

Letter 29806, filed April 5, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

33

[6581]

In D05-11-026, the Commission granted the application of PG&E for approval of its steam generator

replacement program for Diablo Canyon Power Plant Units 1 & 2.  The Commission also certified the

Final Environmental Impact Report (Final EIR).  The Final EIR envisioned the use of soil available

on-site in the construction of a road.  By this decision, the Commission approves an addendum to the

Final EIR that will allow the import of approximately 2,500 cubic yards of soil from an off-site location

due to the unsuitability of the available on-site soil.  This proceeding is closed.

(Comr Peevey - ALJ O'Donnell)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

34

[6582]

This decision adopts all provisions of the Joint Recommendation submitted by San Diego Gas &

Electric Company, Southern California Gas Company, Southern California Generation Coalition, Coral

Energy Resources, L.P., the Division of Ratepayer Advocates, The Utility Reform Network, Southern

California Edison Company and Southwest Gas Corporation resolving all questions identified as at

issue in this application proceeding.  This confirms the preliminary determination that the category of

the proceeding is ratesetting and that no hearings are necessary.  This proceeding is closed.

(Comr Peevey - ALJ Brown)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

35

[6584]

By this decision, Globetel, Inc. is granted a certificate of public convenience and necessity under Pub.

Util. Code §1001 for authority to provide limited facilities-based and resold local exchange

telecommunications services.  This proceeding is closed.

(Comr Chong - ALJ O'Donnell)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

36

[6585]

A07-01-032 - Pacific Gas and Electric Company (PG&E),  Southern California Edison

Company (SCE), and San Diego Gas & Electric Company (SDG&E).

This decision grants A07-01-032 wherein PG&E, SCE, and SDG&E request authority under Pub.

Util. Code §851 for approval of an agreement to sell transformers to each other and other utilities

following specified types of events.  This proceeding is closed.

(Comr Peevey - ALJ Kenney)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

37

[6586]

In Resolution ALJ 176-3185, issued on January 11, 2007, the Commission preliminarily determined

that an evidentiary hearing was not needed in A06-12-025.  Subsequently, the assigned Commissioner

issued a Scoping Memo and Ruling on April 5, 2007, which determined that an evidentiary hearing is

needed.  This Resolution ratifies the changed determination regarding the need for hearing.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

38

[6587]

This decision grants Applicant a certificate of public convenience and necessity pursuant to Public

Utilities Code Section 1001 to provide resold competitive local exchange and interexchange services.

The application is unopposed.  This proceeding is closed.

(Comr Chong - ALJ Patrick)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

39

[6590]

Interim consumer price index-urban test rate relief in the matter of the general rate case application of

Del Oro, Walnut Ranch District, for an order authorizing it to increase rates for water service by $771

or 2.4% in 2007.  (Advice Letter (AL) 156, filed February 26, 2007 and Supplemental AL 156-A,

filed April 13, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

40

[6591]

Interim Consumer Price Index-Urban (CPI-U) test year rate relief in the matter of the general rate case

application of Del Oro's Stirling Bluffs District, authorizing it to increase rates for water service $866 or

2.4% in 2007.  (Advice Letter (AL) 155, filed February 26, 2007, and Supplemental AL 155-A, filed

April 13, 2007.)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

41

[6592]

This resolution authorizes a rate decrease in compliance with ordering paragraph 5 of Resolution

W-4577 producing a reduction in annual revenue of $371,722 or 6.09% for ALCO's Salinas District.

(Advice Letter (AL) 111, filed February 14, 2006, and Supplemental AL 111-B, filed April 4, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

42

[6593]

This resolution authorizes a general rate increase producing an increase in gross annual revenues of

$13,939 or 34.68%.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

43

[6594]

This decision grants the Joint Motion of PG&E and Division of Ratepayer Advocates for approval of a

settlement agreement allowing PG&E to collect $1.255 million to recover costs related to divestiture

and/or market valuation of generation assets in the Generation Divestiture Cost Memorandum

Account.  This proceeding is closed.

(Comr Peevey - ALJ Gamson)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

44

[6372]

This decision grants approval of a long-term gas transportation agreement between Taft Production

Company, a subsidiary of Oil-Dri Corporation, and SoCalGas.  This proceeding is closed.

(Comr Grueneich - ALJ Thomas)

Agenda 3187, Item 36 2/15/2007 (Staff);

Agenda 3188, Item 12 3/1/2007 (Peevey);

Agenda 3189, Item 5 3/15/2007 (Peevey)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

45

[6545]

R06-02-012 - Order Instituting Rulemaking to Develop Additional Methods to Implement

the California Renewables Portfolio Standard Program.

In this proposed decision, the Commission implements the requirements of new Pub. Util. Code

§399.14(b), regarding the use of contracts of less than 10 years’ duration for the procurement of

electricity from eligible renewable resources under the renewables portfolio standard (RPS) program.

The Commission determines that, beginning in 2007, RPS-obligated load-serving entities may use

energy deliveries from contracts of less than 10 years’ duration with eligible renewable energy

resources that commenced commercial operation prior to January 1, 2005 for RPS compliance on one

condition.  That condition is that each year they also execute contracts of at least 10 years’ duration

and/or contracts with RPS-eligible generation facilities that commenced commercial operation on or

after January 1, 2005, for energy deliveries equivalent to at least 0.25% of their prior year’s retail

sales. This proceeding remains open.

(Comr Peevey - ALJ Simon)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

46 (Rev.)

[6600]

A07-02-032 - Pacific Gas and Electric Company (PG&E) and Southern California Edison

Company (SCE).

A07-02-033 - Related matters. This decision approves the applications of PG&E and SCE.

PG&E seeks authority to enter into five, five-year agreements with demand response aggregators that

would provide between 35 MW and 46 MW of demand response by August 2007,

between 107 MW and 129 MW by August 2008,

and between 132 MW and 149 MW in 2009 to 2011.

SCE seeks authority to enter into one two-year agreement with a demand response aggregator, lasting

from 2007 until 2008 that would provide up to 40 MW of demand response capacity by June 2008.

This proceeding is closed.

(Comr Chong - ALJ Malcolm)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

47

[6557]

This resolution authorizes PG&E to revise the Electric Schedule E-BEC, aka Business Energy

Coalition.  (Advice Letter 2980-E, filed on February 8, 2007)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

48

[6270]

C05-11-011 - Utility Consumers’ Action Network vs. SBC Communications, Inc., dba Pacific

Bell Telephone Company, and related entities.

C05-11-012 - Related matters.   This decision determines that an agent of AT&T California (AT&T)

and an agent and attorney of Cox Communications (Cox) engaged in impermissible ex parte

communications with personal advisors of three Commission offices with the intent of influencing

substantive issues in pending adjudications (where ex parte bans had been imposed).  This decision

determines that, in violation of the Public Utilities Code and our Rules of Practice and Procedure,

impermissible ex parte violations have occurred and the Commission should impose sanctions including

a fine of $40,000 each against AT&T and Cox.

(Comr Bohn - ALJ Thorson)

Agenda 3186, Item 37 1/25/2007 (Peevey);

Agenda 3187, Item 49 2/15/2007 (Bohn);

Agenda 3188, Item 24 3/1/2007 (Bohn);

Agenda 3190, Item 61 4/12/2007 (Chong)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

49

[6554]

R04-12-001 - Order Instituting Rulemaking Into Implementation of Federal Communications

Commission Report and Order 04-87, as it Affects the Universal Lifeline Telephone Service

Program.

This decision adopts modifications to General Order (GO) 153 to improve the California LifeLine

certification and verification processes.  It also reinstates portions of GO 153 relating to the annual

LifeLine verification process that was suspended by Assigned Commissioner Ruling (ACR) on

November 1, 2006.  The Commission subsequently ratified that ACR in D06-11-017.  Finally, the

decision approves strategies (beyond GO 153) to improve the LifeLine process, including

commencement of a Phase II of this docket to address longer-term solutions and delegate

authorization to the Assigned Commissioner to take the steps necessary, working with staff, to ensure

full implementation of the directives in this decision.

(Comr Grueneich - ALJ Jones)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

50

[6533]

A06-05-025 - California-American Water Company, RWE Aktiengesellschaft, Thames

Water Aqua Holdings GmbH and American Water Works Company.

By this decision, the Commission approves a transfer of indirect control of California-American Water

Company, wholly owned by American Water Works Company, Inc. (American Water), through the

sale of up to 100% of the shares of common stock of American Water through an Initial Public

Offering to be listed on the New York Stock Exchange by American Water’s parent company,

Thames Water Aqua Holdings GmbH.  A06-05-025 is closed.

(Comr Bohn - ALJ Galvin)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

51

[6535]

R06-12-016 - Order Instituting Rulemaking to Consider Revisions to the General Rate Case

Plan For Class A Water Companies.

This decision adopts several significant changes to the Rate Case Plan (RCP) for Class A water utilities

approved in D04-06-018.  This decision adopts a new schedule for filing general rate cases (GRCs).

Under our new schedule, the largest multi-district water utilities will be required to eventually file a

single GRC for all districts at the same time.  The transition to this new schedule will be gradual.  This

decision also requires separate applications for cost of capital determinations.  The Commission will

require Class A water utilities to file cost of capital applications on a triennial basis and the Commission

will adopt an adjustment mechanism for the intervening years in the first cost of capital proceedings

under this RCP.  The largest Class A water utilities will file their first cost of capital applications in May

2008.  The smaller Class A water utilities will file their first cost of capital applications in May 2009.

All of the cost of capital applications filed in the same year will be consolidated.  R06-12-016 is

closed.

(Comr Bohn - ALJ DeAngelis)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

52

[6518]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

53

[6509]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

54

[6496]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

55

[6499]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

56 (Rev.)

[6285]

Agenda 3186, Item 39 1/25/2007 (Staff);

Agenda 3188, Item 29 3/1/2007 (Staff)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

58

[6391]

Disposition of applications for rehearing of Decision D06-06-066, by the Cogeneration Association of

California and the Energy Producers and Users Coalition (collectively, CAC/EPUC), and The Utility

Reform Network (TURN).  D06-06-066 is an interim decision.  SB 1488 requires the Commission to

examine its practices with respect to the requirements of the California Public Records Act (CPRA)

and Public Utilities Code Section 454.5 subdivision (g), and Section 583.   D06-06-066 adopts two

matrices that are applicable to all information claimed to be confidential and submitted by entities

subject to the Commission’s jurisdiction. It also determines that confidential market sensitive

information is generally confidential for about a three year period and it adopts a procedure that

ensures the confidentiality of market sensitive information submitted that is available to certain parties

who wish to access confidential market sensitive information.

Agenda 3188, Item 33 3/1/2007;

Agenda 3189, Item 48 3/15/2007 (Staff)

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

59

[6563]

Disposition of application for rehearing of D06-11-004 filed by Harry M. Childers. D06-11-004

dismissed a complaint filed by Mr. Childers and 25 other customers (complainants) against California

Water Service Company, on the grounds that the complainants failed to state a claim upon which relief

may be granted.

Yes: (Bohn, Chong, Grueneich, Peevey, Simon)

No: (none)

Abstain: (none)

Absent: (none)

60

[6588]

Disposition of Application for Rehearing of D04-09-056 filed by Verizon California Inc. (Verizon).

D04-09-056 confirmed an Assigned Commissioner and ALJ Ruling maintaining the status quo for all

affected parties pending the resolution of a complaint filed by AT&T Communications of California,

Inc., TCG Los Angeles, Inc., TCG San Diego, and TCG San Francisco (collectively referred to as

AT&T) against Verizon California.  The ruling, and thus the Decision, restrains Verizon from

eliminating the ability of AT&T to purchase unbundled Local Switching and/or Common Transport

network elements, alone and in combination with other network elements, until AT&T’s complaint is

resolved, or until further order of the Commission.  Verizon’s application for rehearing alleges

numerous errors of fact and law in the manner in which the Commission interpreted the interconnection

agreement between Verizon and AT&T, which was the basis for the status quo ruling.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

61

[6589]

I93-04-002 - Related matters.   Disposition of Applications for Rehearing of D03-01-077 filed by

Verizon California Inc. (Verizon) and The Utility Reform Network.  D03-01-077 ordered Pacific Bell

Telephone Company (now AT&T) and Verizon to offer the line sharing unbundled network element

(UNE).  The Commission also adopted a permanent UNE rate of $0 for the High Frequency Portion

of the Loop for both Pacific Bell and Verizon.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)