Results of Public Agenda 3211

Meeting Held on Thursday, April 10, 2008 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 12, 2008 (San

Francisco)

Thursday, April 24, 2008 (San

Francisco)

Thursday, May 15, 2008 (San

Francisco)

Thursday, May 29, 2008 (San

Francisco)

Monday, June 09, 2008 (San

Francisco)

Monday, June 23, 2008 (San

Francisco)

Thursday, June 12, 2008 (San

Francisco)

Thursday, June 26, 2008 (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.

·

1

[7433]

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)

2

[7371]

For Approval of Results of Summer 2007 Track of its New Generation Request for Offers and for

Cost Recovery.   This decision awards The Utility Reform Network $29,617.44 in compensation for

its substantial contributions to Decisions (D.) 07-01-041 and D.07-04-049.  This proceeding remains

open to address the compensation request filed by Californians for Renewable Energy, Inc.

(Comr Peevey - ALJ Brown)

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

No: (none)

Abstain: (none)

Absent: (none)

3

[7402]

I06-03-001 - Related matters. In D07-04-046 the Commission granted a rate increase to San Gabriel

and ordered refunds of certain gains.  To correct an error in the computation of refunds the

Commission finds that changes are necessary to accurately reflect the 67%/33% ratepayer-company

allocation of the gain from the contamination reward received by San Gabriel.  The result of these

changes are to:  a) reduce the rate base in D07-04-046, Appendix A, by $1,278,600; b) reduce the

revenue requirement of D07-04-046, Appendix A, by $207,300; and c) increase the refund by

$773,122.  Application 05-08-021 and Investigation 06-03-001 remain open.

(Comr Bohn  - ALJ Barnett)

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

No: (none)

Abstain: (none)

Absent: (none)

4

[7407]

The decision dismisses the complaint because the first and second claims are moot and the

Commission lacks jurisdiction over the third; several claims suffer from other legal defect.  This

proceeding is closed.

(Comr Simon - ALJ Vieth)

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

No: (none)

Abstain: (none)

Absent: (none)

5

[7422]

This resolution approves the Phase 2 scoping memo, which recategorizes Phase 2 of this proceeding,

Investigation 07-01-022, from the preliminary determination of ratesetting to quasi-legislative.

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

No: (none)

Abstain: (none)

Absent: (none)

6

[7423]

For an Interest Rate of 8.33% for Allowance for Funds Used During Construction for its San

Clemente Dam Memorandum. This decision retains the 90-day commercial paper rate for the San

Clemente Dam project memorandum account.  This proceeding is closed.

(Comr Peevey - ALJ Bushey)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

7

[7427]

Resolution on Appeal of S&S of Clearinghouse Determination of Status Under General Order (GO)

156.  The proposed Resolution sustains the appeal and finds S&S, to be an eligible woman-owned

business enterprise under GO 156.  This appeal is closed.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

8

[7428]

For an Order pursuant to Public Utilities Code Section 851 approving a Settlement in a Water Rights

Adjudication, and for an Order pursuant to Section 454 approving the proposed Ratemaking

Treatment of the costs of the Adjudication and Settlement.   This decision dismisses Application (A)

06-02-026 without prejudice.  Golden State's motion to extend the statutory deadline for resolving

A06-02-026 and to set a schedule for Phase II is denied.  The motion of Gerald Trimble seeking

dismissal of A06-02-026 with prejudice is denied.  This proceeding is closed.

(Comr Bohn  - ALJ DeAngelis)

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

No: (none)

Abstain: (none)

Absent: (none)

9

[7430]

To Recover Incremental Costs Related to the 2005-2006 New Year’s Storms and July 2006 Heat

Storm Recorded in the Catastrophic Event Memorandum Account Pursuant to Public Utility Code

Section 454.9.   This decision grants the unopposed Petition for Modification of Decision 08-01-021.

The proceeding is closed.

(Comr Bohn  - ALJ Long)

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

No: (none)

Abstain: (none)

Absent: (none)

10

[7432]

This decision approves, in part and on an interim basis, SCE’s request to add, delete and make

revisions to the Direct Access service fees.  This proceeding is closed.

(Comr Peevey - ALJ Smith)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

11

[7434]

R06-05-027 - Order Instituting Rulemaking to Continue Implementation and Administration

of California Renewables Portfolio Standard Program.

This decision compiles in one document that current Commission-adopted language for the 13

standard terms and conditions used in contracts pursuant to the Renewables Portfolio Standard

Program.

(Comr Peevey - ALJ Mattson)

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

No: (none)

Abstain: (none)

Absent: (none)

12

[7435]

R06-08-019 - Order Instituting Rulemaking to Set Hourly Rates for Purposes of Calculating

Intervenor Compensation Awards Pursuant to Public Utilities Code Section 1801 and

Following, for Work Performed in Calendar Year 2006.

This decision adopts a 3% cost-of-living adjustment for work performed by intervenor representatives

in calendar year 2008, discontinues the requirement that utilities submit annual data reports, and

addresses other related matters.  This proceeding is closed.

(Comr Peevey - ALJ Koss, ALJ Kotz)

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

No: (none)

Abstain: (none)

Absent: (none)

13

[7436]

This decision grants the application by SCE for approval of a contract that was selected from SCE’s

fast track request for offers for new generation that could be on-line by August 2010.  In its

application, SCE seeks approval of two contracts, an offer from Blythe Energy, LLC (Blythe) for up

to 490 megawatts (MW) of expected capacity and energy, and an offer from CPV Ocotillo, LLC

(CPV) for up to 455 MW of capacity and energy.  Due to intervening circumstances regarding the

timing on the completion of a study on the delivery of the power from Blythe, this decision only

approves the 10-year power purchase tolling agreement (PPA) with CPV and defers consideration of

the Blythe PPA to a subsequent decision.  SCE requests, and the Commission grants, the authority to

allocate the benefits and costs of the CPV PPA to all benefiting customers in accordance with Decision

(D.) 06-07-029 and D.07-09-044.  This proceeding remains open.

(Comr Peevey - ALJ Brown)

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

No: (none)

Abstain: (none)

Absent: (none)

14

[7437]

For Approval of Economic Development Rates. A04-06-018, A05-10-010 - Related matters.    This

decision grants Intervenor compensation of $13,719.95 to The Utility Reform Network.  This

proceeding is closed.

(Comr Peevey - ALJ Barnett)

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

No: (none)

Abstain: (none)

Absent: (none)

15

[7438]

This decision grants the request of Applicant for a Certificate of Public Convenience and Necessity to

provide limited facilities-based competitive local exchange telecommunications services as a

Competitive Local Carrier within the service territories of SureWest Telephone and Citizens Telephone

Company dba Frontier Communications of California.  This proceeding is closed.

(Comr Chong - ALJ Patrick)

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

No: (none)

Abstain: (none)

Absent: (none)

16

[7439]

For Approval of Advanced Metering Infrastructure Pre-Deployment Activities and Cost Recovery

Mechanism.   This decision awards compensation to The Utility Reform Network (TURN) for its

substantial contributions to Decision 07-07-042.  The Commission herein awards TURN $43,629.66

which is the full amount requested.  This proceeding is closed.

(Comr Grueneich - ALJ Hecht)

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

No: (none)

Abstain: (none)

Absent: (none)

17

[7440]

C07-01-018 - James F. Donahue (Complainant) vs. San Diego Gas & Electric Company

(Defendant).

This decision grants Complainant an order to have Defendant relocate a distribution pole defendant

placed in Complainant’s non-exclusive easement.  Defendant had an easement within Complainant’s

non-exclusive easement, and placed its distribution pole within its own easement.  Complainant also

seeks compensation for the damage Defendant caused in using its equipment on Complainant’s

property when Defendant was servicing its facilities.  Held:  Relief denied.  Defendant operated

properly when relocating its distribution pole and Defendant acted properly in cleaning up the area in

which it worked.  This proceeding is closed.

(Comr Chong - ALJ Barnett)

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

No: (none)

Abstain: (none)

Absent: (none)

18

[7441]

Resolution on Appeal of Beci of Clearinghouse determination of status under General Order (GO)

156.  This proposed Resolution sustains the appeal and finds Beci to be an eligible woman-owned

business enterprise under GO 156.  This appeal is closed.

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

No: (none)

Abstain: (none)

Absent: (none)

19

[7443]

This decision grants Applicant’s request to withdraw his application for a household goods carrier

permit.  This proceeding is closed.

(Comr Simon - ALJ Reed)

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

No: (none)

Abstain: (none)

Absent: (none)

20

[7445]

This decision grants Applicant, a certificate of public convenience and necessity pursuant to Pub. Util.

Code § 1001 to provide limited facilities-based and resold competitive local exchange and

interexchange services, subject to the terms and conditions set forth in the decision.  The application is

unopposed.  This proceeding is closed.

(Comr Chong - ALJ Patrick)

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

No: (none)

Abstain: (none)

Absent: (none)

21

[7446]

This decision grants Applicant a certificate of public convenience and necessity pursuant to Pub. Util.

Code § 1001 to provide full facilities based and resold competitive local exchange and interexchange

services, subject to the terms and conditions.  The Commission also specifies a procedure to be

followed if Applicant wishes to pursue broadband over-powerline construction activities that involve

potential exemptions from environmental review under the California Environmental Quality Act.  The

application is unopposed.  This proceeding is closed.

(Comr Simon - ALJ Patrick)

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

No: (none)

Abstain: (none)

Absent: (none)

22

[7448]

For a Commission order exempting AT&T California from the requirements of Public Utilities Code

Section 851.   This decision awards The Utility Reform Network $19,248.75 for its substantial

contribution to Decision 07-11-048.  Application 06-07-026 is closed.

(Comr Chong - ALJ Grau)

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

No: (none)

Abstain: (none)

Absent: (none)

23

[7449]

C06-03-013 - Pacific Bell Telephone Company dba AT&T California (Complainant) vs.

Fones4All Corporation (Defendant).

This decision denies the motion of Complainant for an order setting aside disbursements that would

otherwise be owed to Defendant. This decision directs Defendant to comply with Decision 07-07-013

within 15 days of the effective date of this order or face the prospect of fines or penalties.  This

proceeding is closed.

(Comr Chong - ALJ Malcolm)

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

No: (none)

Abstain: (none)

Absent: (none)

24

[7450]

On January 28, 2008, Legacy filed a Request for Leave to Withdraw Application.  The Consumer

Protection and Safety Division (CPSD) did not oppose the request; however, CPSD opposed

Legacy’s request to withdraw its application “without prejudice.”  CPSD requested that in all future

applications Applicant be required to disclose these proceedings.  This decision grants Legacy’s

request to withdraw its application for a Certificate of Public Convenience and Necessity to operate as

a facilities-based competitive local exchange telecommunications services provider in California.

However, based on the circumstances of this case, Legacy and/or any of its officers, directors, or

owners of more than 10% of outstanding shares shall reference this application, CPSD’s protests, and

this decision in any future applications for authorization to provide telecommunications services in

California.  This proceeding is closed.

(Comr Chong - ALJ Patrick)

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

No: (none)

Abstain: (none)

Absent: (none)

25

[7451]

This resolution authorizes a general rate increase to produce additional annual revenue of $19,614 or

18.5% in test year 2007.

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

No: (none)

Abstain: (none)

Absent: (none)

26 (Rev.)

[7452]

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

efficiency policies, administration and programs.

This decision awards The Utility Reform Network (TURN) $131,821.83 in compensation for its

substantial contributions to the Commission’s decision to adopt utility energy efficiency portfolios for

2006-2008.  To that end, TURN participated in the Program Advisory Groups and Peer Review

Groups established in Decision 05-01-055.  TURN had requested $174,894.17, which is reduced to

reflect excessive hours and hours spent on activities that are not compensable.  This proceeding is

closed.

(Comr Peevey - ALJ Minkin)

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

No: (none)

Abstain: (none)

Absent: (none)

27

[7453]

R05-06-040 - Order Instituting Rulemaking to Implement Senate Bill No. 1488 (2004 Cal.

Stats., Ch. 690 (Sept. 22, 2004)) Relating to Confidentiality of Information.

This decision resolves the three issues left open for consideration in Phase 2 of the proceeding, which

is focused on confidentiality of information submitted to the Commission.  First, the Commission

adopts a model protective order and non disclosure agreement (Model) for all data addressed in the

two previous decisions issued in this docket – Decision (D.) 06-06-066 and D.06-12-030.  (The

Model appears as Appendix A to this decision.)  Second, the Commission resolves a Petition for

Modification of D.06-06-066 filed on September 7, 2007 by several parties.  Third, the Commission

ratifies certain rulings made by the assigned Administrative Law Judge regarding the procedure for

seeking confidentiality of data covered by D.06 06 066.  Due to the pendency of an Application for

Rehearing of D.06 12 030, this proceeding shall remain open.

(Comr Grueneich - ALJ Thomas)

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

No: (none)

Abstain: (none)

Absent: (none)

28

[7454]

This resolution authorizes a general rate increase in sewer rates of $26,150 or 32.16% for test year

2006, producing a gross revenue of $107,462.

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

No: (none)

Abstain: (none)

Absent: (none)

29

[7456]

A06-08-026 - Southern California Gas Company (SoCalGas), San Diego Gas & Electric

Company (SDG&E), and Southern California Edison Company.

For Approval of Changes to Natural Gas Operations and Service Offerings.   This decision denies the

Petition for Modification of Decision 07-12-019 filed by SoCalGas and SDG&E, for an order

modifying certain provisions of the decision regarding the memorandum account treatment of

unbundled storage revenues.  This proceeding is closed.

(Comr Peevey - ALJ Pulsifer)

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

No: (none)

Abstain: (none)

Absent: (none)

30

[7457]

For Authority to Institute a Rate Stabilization Plan with a Rate Increase and End of Rate Freeze

Tariffs.   A00-11-056 and A00-10-028 - Related matters. This decision addresses the petition to

modify Decision (D.) 05-06-060 filed by Pacific Gas and Electric Company (PG&E).  The decision

grants PG&E’s request to modify the decision to allocate 100% of the reduction in the Department of

Water Resources’ energy costs due to the restructured Calpine 2 contract to PG&E, but denies

PG&E’s request to open a proceeding to revise the allocation methodology adopted in D.05-06-060.

This proceeding is closed.

(Comr Peevey - ALJ Wong)

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

No: (none)

Abstain: (none)

Absent: (none)

31

[7458]

This resolution approves the amended Bull Moose Energy, LLC renewable resource procurement

contract. This contract is approved without modification.  (Advice Letter 1946-E filed November 20,

2007)

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

No: (none)

Abstain: (none)

Absent: (none)

32

[7459]

This interim decision addresses the request of PG&E in its Energy Resource Recovery Account

(ERRA) trigger application to increase its ERRA power procurement costs by $531 million.

(Comr Peevey - ALJ Wong)

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

No: (none)

Abstain: (none)

Absent: (none)

33

[7460]

For Approval of a Long-Term Core Hedge Program for Core Natural Gas Supplies.   This decision

awards The Utility Reform Network $27,557.00 in compensation for its substantial contribution to

Decision 07-06-013 and Advice Letter 2841-G.  This decision uses a new format for simple

intervenor compensation claims.  This proceeding is closed.

(Comr Peevey - ALJ Thorson)

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

No: (none)

Abstain: (none)

Absent: (none)

34 (Rev.)

[7462]

This resolution authorizes a general rate increase to produce additional annual revenue of $18,698 or

56.9% in test year 2007.

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

No: (none)

Abstain: (none)

Absent: (none)

35

[7463]

Pursuant to Pub. Util. Code § 1001, Applicant seeks to expand its certificate of public convenience

and necessity (CPCN) to obtain authority to provide full facilities based local exchange services and

rely upon an expedited process for environmental review for certain proposed construction projects.

The Commission grants the requested authority to expand Applicant’s CPCN to include full

facilities-based services, subject to the requirements and conditions stated below.  The Commission

also specifies a procedure to be followed if Applicant seeks to pursue full facilities-based construction

activities that involve potential exemptions from environmental review under the California

Environmental Quality Act, Public Resources Code §§ 21000 et seq.  The exemption procedure is

limited to full facilities-based construction projects not exceeding five miles.  This proceeding is closed.

(Comr Simon - ALJ DeAngelis)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

36

[7468]

This resolution approves SDG&E's request to confirm the reappointment of Mr. H. Wesley Pratt to

serve on its Nuclear Decommissioning Master Trust Committee.  (Advice Letter 1948-E, filed

November 27, 2007.)

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

No: (none)

Abstain: (none)

Absent: (none)

37 (Rev.)

[7469]

R06-04-010 - Order Instituting Rulemaking to Examine the Commission’s Post-2005 Energy

Efficiency Policies, Programs, Evaluation, Measurement and Verification, and Related

Issues.

This decision awards $32,065.00 in compensation to the Utility Consumer Action Network for

contributions to Decision (D.) 05-09-043, D.05-11-011, and D.06-12-013 and other work in this

rulemaking.  Proceeding R.06-04-010 remains open.

(Comr Grueneich - ALJ Gamson)

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

No: (none)

Abstain: (none)

Absent: (none)

38 (Rev.)

[7470]

This decision authorizes Applicant to discontinue the provision of residential local exchange

telecommunications service and all related telecommunication service offerings within the incumbent

local exchange service territory of Pacific Bell Telephone Company, doing business as AT&T

California.  Applicant was the competitive local exchange carrier affiliate of AT&T Corporation

(AT&T) in the state before the merger of AT&T and SBC California.  Applicant has complied with the

Mass Migration Guidelines adopted by Decision 06‑10‑021.  Its remaining customers

who have not selected another carrier will be transferred to AT&T California.  The Commission grants

Applicant’s requests to relinquish both its Carrier of Last Resort status and its Eligible

Telecommunications Carrier status, in AT&T California’s geographic service area.  This proceeding is

closed.

(Comr Peevey - ALJ Reed)

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

No: (none)

Abstain: (none)

Absent: (none)

39

[7471]

This resolution authorizes VTA an exemption from the provisions of Section 9.5 (Audible Warning

Devices) of General Order 75-D by altering the bells at three crossings in the City of San Jose. VTA

will lower the bells in the northeast, northwest, and southwest quadrants to a minimum height of 8.5

feet from the ground on the warning devices located at Stokes Street (CPUC Crossing No.

82D–5.30). VTA will lower the bells in the northeast and southwest quadrants to a minimum height of

8.5 feet from the ground on the warning devices located at Leigh Avenue (CPUC Crossing No.

82D–5.10). VTA will lower the bells on  warning devices located at Fruitdale Avenue (CPUC

Crossing No. 82D–5.00) to a minimum height of 8.5 feet from the ground in the northeast, northwest,

and southwest quadrants, and to a minimum height of 10 feet from the ground in the southeast

quadrant. VTA will also install shrouds covering the northwest face of the bells in the northeast and

northwest quadrants of the Fruitdale Avenue rail crossing.

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

No: (none)

Abstain: (none)

Absent: (none)

40

[7472]

This resolution grants AirTrain’s request to deviate from General Order 95 requirements for third rail

warning signs. Commission General Order No. 95, Rule 79.5 requires every passenger loading

platform to install a sign bearing the words “Danger,” “Electric Third Rail,” and “Keep Away” in letters

at least 3 inches in height. By letter dated February 21, 2008, AirTrain requested to deviate from the

language requirement by removing “Third” from the warning sign.

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

No: (none)

Abstain: (none)

Absent: (none)

41

[7474]

This decision grants Applicant a certificate of public convenience and necessity pursuant to Pub. Util.

Code § 1001 to provide limited facilities based and resold competitive local exchange and

interexchange services, subject to the terms and conditions set forth in the decision.  The application is

unopposed.  This proceeding is closed.

(Comr Chong - ALJ Patrick)

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

No: (none)

Abstain: (none)

Absent: (none)

42

[7486]

This decision authorizes Applicant to operate as a passenger stage corporation between points in Los

Angeles, Orange, Riverside, San Bernardino, and San Diego Counties, on the one hand, and Los

Angeles International, Long Beach, Burbank, Ontario International, John Wayne, and San Diego

International Airports, on the other hand; and 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)

43

[7487]

This decision authorize Applicant to operate as a passenger stage corporation to transport primarily

children between points in the Cities of Atherton, Los Altos, Menlo Park, Mountain View, Palo Alto,

Portola Valley, Redwood City, and Woodside; and 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)

44

[7491]

R_________ - Order Instituting Rulemaking to Consider Revisions to the Planning Reserve

Margin for Reliable and Cost-Effective Electric Service.

This decision opens this rulemaking to review, and modifies it to the extent found to be appropriate, the

planning reserve margin (PRM) used for purposes of the Commission's Long-Term Procurement

Planning (LTPP) and Resource Adequacy (RA) programs.  The Commission does so to bring greater

policy clarity and certainty to California’s electricity market and to ensure that the Commission's LTPP

and RA programs are designed to yield the level of reliability that ratepayers demand.  The

Commission will examine, among other things, the assumptions and methodology used to set the PRM,

whether to recalibrate the PRM periodically, whether to establish a single PRM that applies throughout

the service territories of utilities under the Commission's jurisdiction, whether to establish separate

short-term and long-term PRMs, and how best to coordinate the Commission's PRM determinations

with the needs of the California Independent System Operator.

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

No: (none)

Abstain: (none)

Absent: (none)

45

[7493]

A01-09-045 - Lodi Gas Storage, L.L.C. (LGS), Western Hub Properties L.L.C., and WHP

Acquisition Company, LLC.

For approval of a Secured Long-Term Financing Pursuant to Public Utilities Code Sections 816, 817,

818, 823 and 851. A05-08-031 - Related matters.   This decision grants two petitions for

modification filed by LGS.  The first petition seeks the deletion of Ordering Paragraph (OP) 3(b) from

Decision (D.) 03-02-071, and the second seeks the deletion of OP 3(c) from D.05-12-007.  The

modification petitions have been filed pursuant to a settlement approved in D.08-01-018, which

imposed broader reporting obligations on LGS concerning changes in the natural gas storage market

than the obligations imposed by the OPs that LGS is now seeking to delete.  The decision also grants

motions to consolidate Application (A.) 01-09-045 and A.05 08-031, the proceedings in which

D.03-02-071 and D.05-12-007 were issued.  These consolidated proceedings are closed.

(Comr Peevey - ALJ McKenzie)

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

No: (none)

Abstain: (none)

Absent: (none)

46

[7498]

R05-12-013 - Order Instituting Rulemaking to Consider Refinements to and Further

Development of the Commission’s Resource Adequacy Requirements Program.

This decision awards Aglet Consumer Alliance $13,533.53 and The Utility Reform Network

$90,773.00 in compensation for their substantial contributions to Decision 07-06-029, issued in Phase

2, Track 1 of this proceeding.  This proceeding remains open for resolution of issues that are pending

in Tracks 2 and 3 of Phase 2.

(Comr Peevey - ALJ Wetzell)

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

No: (none)

Abstain: (none)

Absent: (none)

47

[7499]

For an order authorizing GSWC to increase rates for water service in years 2007, 2008, and 2009 in

its Region II Service Area.   This decision dismisses the Order to Show Cause (OSC) that the

Commission issued against GSWC in Decision 08-01-020.  The OSC directed GSWC to show cause

why it should not be fined $50,000 due to its conduct in the company’s most recent general office

general rate case, in which GSWC waited until rebuttal testimony to present the principal justification

for many of the new general office positions it was seeking.  On February 26, 2008, GSWC informed

the Commission that it would not contest the OSC and would pay the recommended $50,000 fine.

On March 7, 2008, GSWC and the Water Division, which was prosecuting the OSC on behalf of the

Commission, filed a joint motion urging that the OSC should be dismissed in view of GSWC’s

decisions to pay the $50,000 and not contest the OSC.  This proceeding is closed.

(Comr Bohn  - ALJ McKenzie)

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

No: (none)

Abstain: (none)

Absent: (none)

48

[7506]

(ECP) C07-08-015 - Michael and Heather Torquemada (Complainants) vs. Trinity Village

Water Company (Defendant).

This decision obligates Defendant to furnish a 5/8 x 3/4-inch water meter on the lot purchased by

Complainants on August 16, 2006, in the Trinity Village Subdivision at the tariff rate of $250.00  This

proceeding is closed.

(Comr Bohn  - ALJ Ryerson)

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

No: (none)

Abstain: (none)

Absent: (none)

49

[7513]

R06-06-028 - Order Instituting Rulemaking into the Review of the California High Cost

Fund B Program.

This decision grants $127,994.35 to The Utility Reform Network for its substantial contribution to

D.07-09-020 which addresses Phase I issues relating to the California High-Cost Fund B program.

(Comr Chong - ALJ Pulsifer)

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

No: (none)

Abstain: (none)

Absent: (none)

50

[7293]

This decision modifies and approves, as modified, SCE's request to conduct a study to evaluate the

feasibility of a Clean Hydrogen Power Generation plant.  This proceeding is closed.

(Comr Peevey - ALJ Yip-kikugawa)

Agenda 3208, Item 26 2/14/2008 (Bohn );

Agenda 3209, Item 31 2/28/2008 (Grueneich);

Agenda 3210, Item 21 3/13/2008 (Bohn )

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

No: (none)

Abstain: (none)

Absent: (none)

51

[7364]

R07-09-008 - Order Instituting Rulemaking to establish the California Institute for Climate

Solutions (CICS).

This decision, by creating the CICS, adopts a bold and innovative approach to expanding California’s

leadership on this most pressing of environmental issues and will provide significant ratepayer benefits

by accelerating applied research and development of practical and commercially viable technologies

that will reduce greenhouse gas emissions in order to slow global warming as well as technologies that

will allow California to adapt to those impacts of climate change that may be inevitable.  Perhaps more

importantly, however, CICS will speed the transfer of these technologies from the laboratory to market

place.  This proceeding is closed.

(Comr Peevey - ALJ Brown)

Signed (Comr. Bohn will file a concurrence. Comr. Chong reserves the

right to file a concurrence. Comr. Grueneich reserves the right to file a

concurrence. Comr. Simon will file a concurrence.)

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

No: (none)

Abstain: (none)

Absent: (none)

52

[7442]

This resolution approves PG&E’s Advice Letter 3078-E submitted to adopt a Reliability Performance

Incentive Mechanism (RPIM) reward of $151,899 for performance year 2006.  When it files for its

third and final performance year 2007, PG&E is to use the same method of including and excluding

outages from the RPIM indices as it did for years 2006 and 2005.  Consistent with Resolution

E-4003, the 2006 reward results of the RPIM shall be recovered through PG&E’s Distribution

Revenue Adjustment Mechanism (DRAM).  PG&E shall file an internal audit of the data that supports

its RPIM filing to confirm that the error rate remains low.  (Advice Letter 3078-E filed July 2, 2007)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

53

[7455]

This resolution approves an agreement between PG&E and State of California Department of Water

Resources for demand response during the summers of 2008 and 2009.  (Advice Letter 3168-E filed

December 3, 2007)

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

No: (none)

Abstain: (none)

Absent: (none)

54

[7461]

This resolution approves a renewable resource procurement contract.  This contract is approved

without modification.  (Advice Letter (AL) 3143-E filed October 29, 2007, and Supplemental AL

3143-E-A filed February 8, 2008)

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

No: (none)

Abstain: (none)

Absent: (none)

55 (Rev.)

[7466]

This Resolution has been bifurcated in response to a joint party request and now directs Bear Valley

Electric Services (BVES), Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric

Company (SDG&E), and Southern California Edison Company (SCE) to alter collection of a portion

of the public goods charge that funds investments in renewable energy.  Issues related to setting a

limitation on total costs expended above the Market Price Referent (MPR) for BVES, PG&E,

SDG&E, and SCE renewable power purchase agreements; and eligibility criteria and guidelines for

approving requests for Above-MPR Funds for eligible renewable energy contracts procured through

competitive solicitations will be addressed in a future resolution, after a workshop is held.  This

Resolution is made on the Commission’s own motion.

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

No: (none)

Abstain: (none)

Absent: (none)

56

[7429]

R93-04-003 - Rulemaking on the Commission’s Own Motion to Govern Open Access to

Bottleneck Services and Establish a Framework for network Architecture Development of

Dominant Carrier Networks.

I93-04-002 - Related matters. This decision resolves outstanding issues in this proceeding relating to

the adjustment or “true-up” of interim unbundled network element (UNE) rates to permanent rate

levels adopted for Verizon California Inc. in Decision 06-03-025.  The issue of adopting a process for

re-examination of UNE rates is deferred to a subsequent decision.  This proceeding remains open.

(Comr Peevey - ALJ Duda)

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

No: (none)

Abstain: (none)

Absent: (none)

57

[7431]

C07-09-023 - Jacob David Binstok dba A Admiral Moving/J B Moving (Complainant) vs.

Pacific Bell Telephone Company dba AT&T California and Verizon California Inc.

(Defendant).

This decision denies Complainant's  request for restoration of two business service telephone lines

following disconnection by Defendant, at the direction of the Superior Court for the County of Los

Angeles. This decision finds that probable cause has been established to support the termination of the

telephone service, and because there is no basis upon which to provide interim relief, the request for

restoration of service and the complaint are denied. Complainant’s appeal of the Presiding Officer’s

Decision is denied for failure to set forth any legal or factual error in the decision. This proceeding is

closed.

(Comr Simon - ALJ Reed)

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

No: (none)

Abstain: (none)

Absent: (none)

58

[7444]

For Relief of the 760 Numbering Plan Area.   This decision denies the requested all services overlay in

760 area code and orders a two-way geographic split to create a new 442 area code.  This

proceeding is closed.

(Comr Peevey - ALJ Bushey)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

59

[7515]

This decision grants Applicant’s request to discontinue providing circuit-switched telecommunications

services.  The Commission denies SureWest Telephone’s request to revoke Applicant’s certificate of

public convenience and necessity as a condition of approval.  This proceeding is closed.

(Comr Simon - ALJ Reed)

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

No: (none)

Abstain: (none)

Absent: (none)

60

[7464]

FERC Docket No. RM07-19-000 and AD07-7-000 - Notice of Proposed Rulemaking

(NOPR) Wholesale Competition in Regions with Organized Electric Markets.

Staff seeks Commission authorization to comment on Federal Energy Regulatory Commission's NOPR

which considers potential reforms to improve the operation of organized wholesale power markets

administered by Regional Transmission Organizations (RTOs) and Independent System Operators

(ISOs).  The Commission’s comments will address (1) demand response and market pricing during a

period of operating reserve shortage; (2) long-term power contracting; (3) market monitoring policies;

and (4) the responsiveness of RTOs and ISOs to customers and other stakeholders.

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

No: (none)

Abstain: (none)

Absent: (none)

61

[7489]

In the Matter of High-Cost Universal Service Support Federal-State joint Board on Universal Service,

Notice of Proposed Rulemaking (re:  Jt Bd Recommendations), FCC WC Docket No. 05-337, CC

Docket No. 96-45, adopted January 16, 2008, released January 29, 2008. The Federal

Communications Commission (FCC) seeks comment on recommendations it received from the

Federal-State Joint Board on Universal Service pertaining to the structuring of the FCC’s Universal

Service program.  Staff is requesting authority to file comments.

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

No: (none)

Abstain: (none)

Absent: (none)

62

[7490]

In the Matter of High-Cost Universal Service Support Federal-State joint Board on Universal Service,

Notice of Proposed Rulemaking (re:  Reverse Auctions), FCC WC Docket No. 05-337, CC Docket

No. 96-45, adopted January 16, 2008, released January 29, 2008. The Federal Communications

Commission (FCC) seeks comment on recommendations it received from the Federal-State Joint

Board on Universal Service pertaining to the possibility of modifying the FCC’s Universal Service

program to employ reverse auctions as a means to provide universal service in a more cost-effective

manner.  Staff is requesting authority to file comments.

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

No: (none)

Abstain: (none)

Absent: (none)

63

[7390]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

64

[7392]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

65

[7479]

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

No: (none)

Abstain: (none)

Absent: (none)

66

[7475]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

67

[7478]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

68

[7485]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

69

[7477]

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

No: (none)

Abstain: (none)

Absent: (none)

70

[7476]

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

No: (none)

Abstain: (none)

Absent: (none)

71

[7483]

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

No: (none)

Abstain: (none)

Absent: (none)

72

[7482]

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

No: (none)

Abstain: (none)

Absent: (none)

73

[7484]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

74

[7481]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

75

[7480]

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

77

[7419]

Disposition of the application for rehearing of Decision (D.) 07-07-013 filed by Fones4All

Corporation (Fones4All) and the request for a stay of D.07-07-013 also filed by Fones4All.

In D.07-07-013 the Commission granted a complaint filed by Pacific Bell Telephone Company,

which does business under the name AT&T California (AT&T), and ordered Fones4All to refund

certain monies to AT&T.

AT&T filed responses to the application for rehearing and to the request for stay.

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

No: (none)

Abstain: (none)

Absent: (none)

78

[7495]

Disposition of Application for Rehearing of Decision (D.) 07-12-007, filed by Californians for

Renewable Energy (CARE).  This decision awarded the Consumer Federation of California (CFC)

and CARE $39,810.98 in compensation for their substantial contributions to D.06-08-028.  This

amount is $25,942.90 less than the $65,753.88 originally requested by CARE due to reductions to the

hours claimed by CARE and adjustments to the requested hourly rates for CARE attorneys.

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

79

[7497]

Disposition of Application for Rehearing and Motion for Stay of Decision (D.) 08-01-031 filed by

Pacific Centrex Services, Inc. (PCS).   Decision 08-01-031 resolved a Complaint filed by Pac-West

Telecomm, Inc. (Pac-West), alleging that it was owed $133,730.06 plus applicable late payment

charges for services Pac-West provided to PCS under its intrastate tariffs.  The Decision ordered PCS

to pay the requested amount.

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

No: (none)

Abstain: (none)

Absent: (none)