Public Agenda 3240

Thursday, September 10, 2009 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

For each agenda item, a summary of the proposed action is included; the Commission's decision may,

however, differ from that proposed.

Ratesetting Deliberative Meeting*

Room 5305

(1:30 p.m.)

Closed to the Public

Commission Meeting

Auditorium

(10 a.m.)

Open to the Public

Monday, September 21, 2009 (San

Francisco)

Thursday, September 24, 2009 (San

Francisco)

Thursday, October 15, 2009 (San

Francisco)

Friday, October 09, 2009 (San

Francisco)

Thursday, October 29, 2009 (San

Francisco)

Monday, October 26, 2009 (San

Francisco)

Monday, November 16, 2009 (San

Francisco)

Friday, November 20, 2009 (San

Francisco)

Thursday, December 03, 2009 (San

Francisco)

Monday, November 30, 2009 (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.

· 7, 11, 27

Item

1

[8780]

Preliminary Categorizations and Hearing Determinations for

Recently Filed Formal Applications

PROPOSED OUTCOME:

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.

ESTIMATED COST:

None.

Item

2

[8474]

Order Instituting Rulemaking to Integrate Procurement Policies

and Consider Long-Term Procurement Plans

R06-02-013

Order Instituting Rulemaking to integrate procurement policies and consider long-term procurement plans.

PROPOSED OUTCOME: (1) Declines to modify D07-12-052 defining the inclusion of qualified facilities

in the Long Term Procurement Planning process as only a “planning assumption.” (2) The Commission

believes planning is a preliminary step before actual procurement of energy. (3) No one energy source is

only included as a planning assumption. (4) There is a presumption that including qualified facilities in the

planning process will result in procuring energy and capacity from qualified facilities. (5) Closes the

proceeding. ESTIMATED COST: None.

(Comr Peevey - ALJ Long)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Agenda 3234, Item 14 5/21/2009 (Staff);

Agenda 3235, Item 2 6/4/2009 (Simon);

Agenda 3236, Item 5 6/18/2009 (Staff);

Agenda 3237, Item 2 7/9/2009 (Staff);

Agenda 3238, Item 3 7/30/2009 (Staff);

Agenda 3239, Item 2 8/20/2009 (Staff)

Item

3

[8617]

San Diego Gas & Electric Company for Approval of the Celerity

Distributed Generation Supply Contract

A08-10-003

Application of San Diego Gas & Electric Company for Approval of the Celerity Distributed Generation

Supply Contract.

PROPOSED OUTCOME: (1) Denies San Diego Gas & Electric Company's application for approval of

the Celerity Distributed Generation Supply Contract. (2) Closes the proceeding. ESTIMATED COST:

None.

(Comr Bohn - ALJ Farrar)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Agenda 3238, Item 6 7/30/2009 (Bohn );

Agenda 3239, Item 7 8/20/2009 (Bohn )

Item

4

[8635]

Res EGPB-8

This resolution approves the Final Report on the audit of the Delta Energy Center (Delta), performed by

the Electric Generation Performance Branch of the Consumer Protection and Safety Division

(CPSD-EGPB), and authorizes public disclosure of the Final Audit Report. The Final Audit Report orders

Delta to upgrade their plant emergency assembling areas by posting additional directional signage and

maps, adding a public announcement system, and developing a system to ensure contractors are

adequately trained and certified.

PROPOSED OUTCOME:

(1) Calpine will complete corrective actions to bring the 860 Megawatt (MW) Delta into compliance with

General Order 167 (GO167), the operation and maintenance standards for The Commission-jurisdictional

power plants; A CPSD audit found 21 GO 167 violations, including burn and other hazards, out-of-date

procedures and plant drawings, and overdue safety drills and other emergency preparations.

(2) Delta will develop procedures to prepare the plant and train personnel for emergencies. The plant will

conduct emergency evacuation drills.

(3) Delta will insulate hot surfaces in the heat recovery steam generator and on the blow-down tanks;

(4) The Plant will divert hazardous exhaust fumes away from workers and work areas;

(5) Delta will stabilize and secure high pressure storage cylinders for hydrogen gas;

(6) Delta will update the chemistry manual, diagrams for cooling towers, chemical injection system, safety

valves, and water sampling systems.

(7) Delta will verify contractor qualifications and certification, and identify hazardous waste specialists;

(8) Delta will clear and maintain storm drains.

ESTIMATED COST:

Cost information not available; not required by GO 167.

Item

5

[8667]

R07-12-015

Order Instituting Rulemaking on the Commission's Own Motion to Revise General Order 103.

PROPOSED OUTCOME: (1) Updates and revises General Order 103, the rules governing water service

and the minimum standards for the operation, maintenance, design and construction of water and

wastewater systems; (2) Adopts General Order 103-A in its place. (3) Closes this proceeding.

ESTIMATED COST: Uncertain at this time. Specific costs will be determined during the Utilities' general

rate case proceedings.

(Comr Bohn - ALJ Reed)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Quasi-Legislative.

Agenda 3238, Item 50 7/30/2009 (Staff);

Agenda 3239, Item 9 8/20/2009 (Staff)

Item

6

[8670]

Citation Program for Renewables Portfolio Standard Non

Compliance

PROPOSED OUTCOME:

This Resolution initiates a citation program authorizing the Commission Staff to penalize load serving

entities for non-compliance with mandatory filing deadlines and reporting requirements of the Renewables

Portfolio Standard.

ESTIMATED COST:

None.

Item

7

[8698]

Resolves All Outstanding Issues and Provides Closure of

Reparations Funds A and B

I02-06-003

Investigation on the Commission’s own motion into the operations, practices, and conduct of Pacific Bell

Wireless LLC dba Cingular Wireless and related entities (collectively "Cingular") to determine whether

Cingular has violated the laws, rules and regulations of this State in its sale of cellular telephone

equipment and service and its collection of an Early Termination Fee and other penalties from consumers.

PROPOSED OUTCOME: (1) Revise Ordering Paragraph 1 of Decision (D) 08-02-015, which directed

the claims administrator to pay the Utility Consumers’ Action Network’s second intervenor compensation

award from the residue of Fund B, to instead authorize reimbursement to AT&t Mobility LLC (AT&t), since

AT&t paid the award directly prior to the issuance of D08-02-015; (2) Once all additional monies due to

the claims administrator have been paid from the $600,000 deposited by AT&t for this purpose, return the

balance remaining, if any, to AT&t. (3) Calculation of the balance due to AT&t shall exclude the

$61,783.09 paid for telephone support from another source, pursuant to D08-02-015; (4) Distribute to the

Telecommunications Consumer Protection Fund the residual balances in Funds A and B, which total

approximately $1.9 million (as of the period ending May 31, 2009). These balances represent monies in

Fund A and Fund B that cannot be repaid to customers and are not subject to escheatment, together with

all otherwise unallocated interest. (5) Closes the proceeding. ESTIMATED COST: None foreseen;

decision resolves outstanding issues related to balances remaining in reparations funds upon the

conclusion of claims administration and the escheatment process.

(Comr Peevey - ALJ Vieth)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Adjudicatory.

Item

8

[8709]

Air Ride Moving & Storage Appeal of Citation No. FC-252 Issued

Pursuant to Resolution ALJ-187

PROPOSED OUTCOME:

Citation FC-252 is affirmed in part and amended in part.

ESTIMATED COST:

(1) Carrier will pay at least $1,260.60 in customer refunds and fines.

(2) General Fund will receive $400 from fine paid to Commission by Appellant.

Item

9

[8730]

Transfer of Control of Alliance Group Services, Inc. to Jess M.

DiPasquale on a Prospective Basis and Fining Alliance Group

Services, Inc. for Late Filing of Status Report in Violation of

Settlement Agreement

A07-09-006

Application of Alliance Group Services, Inc. and Jess P. DiPasquale for authority to Transfer Control of

Alliance Group Services, Inc.

PROPOSED OUTCOME: (1) Grants the application for approval of the transfer of control of Alliance

Group Services, Inc. (AGS) to Jess M. DiPasquale (DiPasquale) on a prospective basis; (2) Finds that

the transfer of AGS to DiPasquale satisfies the requirements of the Settlement Agreement adopted in

Decision 06-09-009. (3) Closes the proceeding. ESTIMATED COST: None foreseen.

(Comr Simon - ALJ Prestidge)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

10

[8743]

Petition to Modify Decision 08-07-046 Filed by the Greenlining

Institute

A06-12-009

Application of San Diego Gas & Electric Company for Authority to Update its Gas and Electric Revenue

Requirement and Base Rates Effective on January 1, 2008., A06-12-010, I07-02-013 - Related matters.

PROPOSED OUTCOME: Denies the petition to modify Decision 08-07-046 filed by the Greenlining

Institute in light of the Commission’s denial of the Greenlining Institute’s application for rehearing, which

raised idential issues. Therefore, the petition to modify is moot and hereby denied. ESTIMATED COST:

There is no cost impact to ratepayers.

(Comr Bohn - ALJ Long)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

11

[8747]

(ECP) C09-06-020

William P. Hinckley vs. AT&t Corp., dba Advanced Solutions.

PROPOSED OUTCOME: (1) Case dismissed. (2) Complaint satisfied. (3) Closes the proceeding.

ESTIMATED COST: None.

(Comr Grueneich - ALJ Barnett)

Item

12

[8753]

Modification of Decision 06-02-036 Related to a Crossing in

Petaluma and Guidance Prior to Commencement of Passenger

Rail Service

A04-06-030

In the Matter of the Application of the City of Petaluma, a Municipal Corporation, for an Order Authorizing

the Relocation of One At-Grade Crossing of the Tracks of the Sonoma Marin Area Rail Transit District in

the City of Petaluma, County of Sonoma.

PROPOSED OUTCOME: (1) Grants the Amendment to the Second Petition for Modification of Decision

06-02-036 and thereby extends to December 31, 2010, the deadline for the City of Petaluma to file a new

application to expand certain existing crossing authority, now applicable only to freight rail service, to also

cover passenger rail service. (2) Authorizes Petaluma, should it require additional time to finalize the

environmental review of passenger rail service necessary to complete its new application, to apply to the

Commission’s Executive Director for a reasonable, limited extension in accordance with Rule 16.6 of the

Commission’s Rules of Practice and Procedure; however, such extension request must retain a review

period of no less than 18 months between the date Petaluma files a complete, new application and the

date passenger rail service is set to commence (the latter date as determined by the Board of Directors

of the Sonoma Marin Area Rail Transit District). (3) Closes the proceeding. ESTIMATED COST: None

foreseen.

(Comr Grueneich - ALJ Vieth)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

13

[8759]

Southern California Edison Company’s PacifiCorp Contract

Complies With the Renewables Portfolio Standard Guidelines

PROPOSED OUTCOME:

Approves cost recovery for a Renewable Portfolio Standard Power Purchase Agreement with PacifiCorp,

a MidAmerican Energy Holdings Company.

ESTIMATED COST:

Actual costs of the power purchase agreement are confidential at this time.

Item

14

[8760]

San Diego Gas & Electric Company’s Contract Complies With the

Renewables Portfolio Standard Procurement Guidelines

PROPOSED OUTCOME:

Approves, without modifications, cost recovery for a San Diego Gas & Electric short-term renewable

energy power purchase agreement with PacifiCorp.

ESTIMATED COST:

Actual costs of this contract are confidential at this time.

Item

15

[8761]

Southern California Edison Company’s Three Caithness

Shepherds Flat Contracts Comply with the Renewable Portfolio

Standard Procurement Guidelines

Res E-4253, Advice Letter 2275-E filed on October 10, 2008 and Advice Letter 2275-E-A filed on

February 23, 2009 - Related matters.

PROPOSED OUTCOME:

Approves three Renewable Portfolio Standard Power Purchase Agreements with wholly- and

directly-owned subsidiaries of Caithness Shepherds Flat, LLC: North Hurlburt Wind, LLC, South Hurlburt

Wind, LLC and Horseshoe Bend Wind, LLC.

ESTIMATED COST:

Actual costs are confidential at this time.

Item

16

[8762]

Grade-Separated Overpass of Cathedral Oaks Road Above

Union Pacific Railroad Company Railroad Tracks in the City of

Goleta, County of Santa Barbara

A09-04-019

Application of the California Department of Transportation for an Order Authorizing Construction of One

New Two-Lane Overhead Grade Separated Structure (Cathedral Oaks Road Overhead) and Demolition

of the Existing Ellwood Overhead over the Tracks of the Union Pacific Railroad in the City of Goleta, in the

County of Santa Barbara.

PROPOSED OUTCOME: (1) Grants Caltrans authorization to construct the Cathedral Oaks Road

grade-separated Highway-Rail crossing above the tracks of the Union Pacific Railroad Company; (2)

Closes the proceeding. ESTIMATED COST: Discretionary project, not within scope of applicant request.

(Exam Clark)

Item

17

[8763]

Grade-Separated Overpass of the Bus Rapid Transit Metro

Orange Line Above Southern California Regional Rail Authority

Tracks in the City of Chatsworth, County of Los Angeles

A09-03-032

In the Matter of the Application of the Los Angeles County Metropolitan Transportation Authority for an

order authorizing the construction of a two lane grade separated roadway crossing for an extension of the

Bus Rapid Transit Orange Line above and across the tracks operated by Southern California Regional

Rail Authority, Union Pacific Railroad and Amtrak at Mile Post 445.73 in Chatsworth, City and County of

Los Angeles.

PROPOSED OUTCOME: (1) Grants Los Angeles County Metropolitan Transportation Authority

authorization to construct the Bus Rapid Transit Metro Orange Line grade-separated highway-rail

crossing above the tracks of the Southern California Regional Rail Authority; (2) Closes the proceeding.

ESTIMATED COST: Discretionary project, not within scope of applicant request.

(Exam Clark)

Item

18

[8764]

Petition to Modify Decision 08-07-046 to Accelerate Recovery of

Contributions for Pension and Post-Retirement Benefits Other

than Pensions

A06-12-009

Application of San Diego Gas & Electric Company for authority to update its gas and electric revenue

requirement and base rates effective on January 1, 2008., A06-12-010, I07-02-013 - Related matters.

PROPOSED OUTCOME: San Diego Gas & Electric Company filed Application (A) 06-12-009, a general

rate case application, and Southern California Gas Company filed A06-12-010, also a general rate case

application. They are related companies with some shared services. In Decision 08-07-046 dated July 31,

2008 the Commission adopted a ratemaking settlement for each company that included a Test Year 2008

revenue requirement, a mechanism for attrition adjustments until the next general rate case, and

performance and safety incentive mechanisms, all of which are reasonable and necessary to provide safe

and reliable service to ratepayers. This decision modifies the settlements to allow both San Diego Gas &

Electric Company and Southern California Gas Company to accelerate the recovery of minimum

contributions to: (1) the companies’ pension funds recorded in the Pension Balancing Accounts and (2)

Post-Retirement Benefits Other than Pensions recorded in Post-Retirement Benefits Other than Pensions

Balancing Accounts. ESTIMATED COST: (1) The final cost to ratepayers is unchanged because rate

recovery is only accelerated. (2)There is some savings created by reducing compounding interest

otherwise accruing in the balancing accounts.

(Comr Bohn - ALJ Long)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

19

[8766]

Application of Adane Kinfu Tedla for a Passenger Stage

Corporation Certificate

A08-04-009

In the Matter of the Application of Adane Kinfu Tedla doing business as 1 SHUTTLE for authority to

operate as an on-call, door-to-door, Passenger Stage Corporation between points in the following

Counties: San Francisco, Alameda, Contra Costa, Santa Clara, Solano, Marin and San Mateo, and the

International Airports located in San Francisco, Oakland and San Jose; and to establish a Zone of Rate

Freedom.

PROPOSED OUTCOME: (1) Dismisses the application of Adane Kinfu Tedla for authority to operate as a

passenger stage corporation and to establish a zone of rate freedom; (2) Closes the proceeding.

ESTIMATED COST: None foreseen.

(Exam Clark)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

20

[8768]

Clarifies the Rules of the Community Choice Aggregation

Opt-Out Provisions, as Set Forth in the Statute

PROPOSED OUTCOME:

(1) Clarifies the rules of the Community Choice Aggregation opt-out provisions, as set forth in the Statute.

(2) Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas &

Electric Company are directed to modify their tariffs.

(3) Pacific Gas & Electric Company is directed to implement remedial measures.

(4) This Resolution was initiated by the Commission’s Energy Division Staff.  No Advice Letter was

submitted concerning this issue.

ESTIMATED COST:

No cost impact.

Item

21

[8771]

Petition of Little Bear Water Company, Inc. for Modification of

Resolution W-4736

A09-04-004

In the Matter of Petition of Little Bear Water Company, Inc. for Modification of Resolution W-4736 Dated

January 29, 2009.

PROPOSED OUTCOME: (1) Corrects errors in the rate design authorized by Resolution W-4736, so that

the authorized annual revenues will be produced. (2) Closes the proceeding. ESTIMATED COST: No

additional cost beyond annual revenues authorized in Resolution W-4736.

(Exam Kahlon)

Item

22

[8772]

PROPOSED OUTCOME:

Authorizes a general rate increase.

ESTIMATED COST:

Additional annual revenue of $79,125 or 75.10% in test year 2009.

Item

23

[8773]

Pacific Gas and Electric Company's Request to Access its

Balancing Account

PROPOSED OUTCOME:

Pacific Gas and Electric Company requests authorization to shift $40.9 million in unspent, uncommitted

gas and electric Energy Efficiency program funds from prior years to augment the 2009 Bridge Funding

authorized by Decision 08-10-027 for specific programs.

ESTIMATED COST:

None.

Item

24

[8774]

Funding for the Kernville Interconnect Project of MCC

Telephony of the West, LLC, from the California Advanced

Services Fund

PROPOSED OUTCOME:

Construction of middle-mile broadband project in unserved area in Kern County under the California

Advanced Services Fund program.

ESTIMATED COST:

$285,992 from the California Advanced Services Fund representing 40% of the total project cost.

Item

25

[8775]

General Order 118 Ballast Size Specifications for Walkways

Adjacent to Tracks in Railroad Switching Yards

R07-09-007

Order Instituting Rulemaking to Amend General Order 118 Regarding the Appropriate Size Materials,

Including Ballast Rock Used in Railway Switching Yards for Occupational Health and Safety.

PROPOSED OUTCOME: (1) Amends General Order 118 to include ballast size specification for

walkways adjacent to tracks in railroad switching yards. (2) Closes the proceeding. ESTIMATED COST:

None

(Comr Grueneich - ALJ Rochester)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Quasi-Legislative.

Item

26

[8778]

PROPOSED OUTCOME:

Authorizes an interim general rate increase.

ESTIMATED COST:

Additional annual revenue of $4,291 or 21.7% in 2009.

Item

27

[8784]

Modified Presiding Officer’s Decision Adopting Third Party

Notice

C03-05-023

Raw Bandwidth Communications, Inc. vs. SBC California, Inc. and SBC Advanced Solutions, Inc.

PROPOSED OUTCOME: (1) Adopts Third Party Notice, a customer-selected designee of late payment

of basic service charges, as a reasonable advance notice of the disconnection of Digital Subscriber Line

Transport Service. (2) Closes the proceeding. ESTIMATED COST: There is little cost to modify Third

Party Notice.

(Comr Peevey - ALJ Grau)

Pub. Util. Code § 1701.2(c), allows this modified Presiding Officer’s Decision to be considered

in Closed Session.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Adjudicatory.

Item

28

[8786]

Demand Response Contract Between San Diego Gas & Electric

Company and EnerNOC, Inc.

A09-03-012

Application of San Diego Gas & Electric Company for Approval of the Demand Response Contract with

EnerNOC, Inc.

PROPOSED OUTCOME: (1) EnerNOC, Inc. will provide up to 25 megawatts (MWs) of dispatchable load

reduction during the 2010 capacity delivery season, which increase to 35 MWs during the 2011 capacity

delivery season and finally to 40 MWs starting with the 2012 capacity delivery season until the end of the

contract term (December 31, 2024, unless terminated earlier pursuant to the terms of the agreement). (2)

San Diego Gas & Electric Company will be limited to dispatching a maximum of 50 total hours of load

reduction during any capacity delivery season. (3) Closes the proceeding. ESTIMATED COST: (1) $2.565

million in 2010, (2) $3.588 million in 2011, and (3) $4.089 million in 2012. (4) Throughout the remainder of

the 15-year contract life, costs will escalate by up to 3% per year over the 2012 amount. (5) Based on a

cost-effectiveness analysis, costs will be more than offset by the supply related benefits associated with

the contracted demand response.

(Comr Chong - ALJ Fukutome)

Item

29

[8787]

Blossom Hill Road Grade-separated Pedestrian/Bicycle

Overpass Above Union Pacific Railroad Company Railroad

Tracks in the City of San Jose, County of Santa Clara

A09-03-025

Application of the City of San Jose for an order authorizing construction of a grade-separated

pedestrian/bicycle crossing (CPUC No. 001E-58.70) over tracks of the Union Pacific Railroad Company

(MP 55.35-Coast Subdivision) and over State Route 82 (Monterey Road) near Blossom Hill Road in the

City of San Jose, County of Santa Clara.

PROPOSED OUTCOME: (1) Grants the City of San Jose and the Santa Clara Valley Transportation

Authority authorization to construct the Blossom Hill Road pedestrian/bicycle grade-separated

highway-rail crossing above the tracks of the Union Pacific Railroad Company; (2) Closes the proceeding.

ESTIMATED COST: Discretionary project, not within scope of applicant request.

(Exam Clark)

Item

30

[8788]

Application of Aragvi, LLC for a Passenger Stage Corporation

Certificate

A09-06-003

Application of Aragvi, LLC dba Coast-Line Shuttle for Authority to operate as an on-call Passenger Stage

Corporation between the following locations: Los Angeles International Airport, Long Beach Airport,

Ontario International Airport, John Wayne Airport, Los Angeles Harbor and Long Beach Harbor, and any

location in the Counties of Los Angeles, Ventura, Orange and San Bernardino; and to establish a Zone of

Rate Freedom (ZORF).

PROPOSED OUTCOME: (1) Grants the application of Aragvi, LLC to operate as an on-call passenger

stage corporation between points in Los Angeles, Orange, Ventura, San Bernardino, and Riverside

Counties on the one hand, and Los Angeles International, Ontario International, John Wayne and Long

Beach Airports, and Los Angeles and Long Beach Harbors on the other hand. (2) Establishes a zone of

rate freedom; (3) Closes the proceeding. ESTIMATED COST: None foreseen.

(Exam Clark)

Item

31

[8793]

Construct an At-Grade Pedestrian Crossing Along the

Prolongation of 2nd Street Across the Track of the Union Pacific

Railroad, in the City of Mendota

A09-03-021

Application of the City of Mendota for authority to construct an at-grade pedestrian crossing along the

prolongation of 2nd Street across the tracks of the Union Pacific Railroad Company in the City of

Mendota, Fresno County.

PROPOSED OUTCOME: (1) Grants City of Mendota authority to construct an at-grade pedestrian

crossing along the prolongation of 2nd Street across the track and right-of-way of the Union Pacific

Railroad in the City of Mendota. (2) Closes proceeding. ESTIMATED COST: Discretionary project, not

within scope of applicant request.

(Exam Clark)

Item

32

[8794]

Two-track Grade-Separated Crossing for the Exposition

Boulevard Corridor Transit Line Across National Boulevard and

Washington Boulevard in Culver City, County of Los Angeles

A09-03-017

In the Matter of the Application of the Exposition Metro Line Construction Authority for an order authorizing

the construction of a two-track grade-separated crossing for the Exposition Boulevard Corridor Light Rail

Transit Line across (1) National Boulevard, and (2) Washington Boulevard, located in the City of Culver

City, in the County of Los Angeles, California.

PROPOSED OUTCOME: (1) Grants Exposition Metro Line Construction Authority authorization to

construct two grade-separated crossings for the Exposition Corridor Light Rail Transit Line; (2) Closes the

proceeding. ESTIMATED COST: Discretionary project, not within scope of applicant request.

(Exam Clark)

Item

33

[8798]

All-Party Settlement Agreement on a Pension Cost Recovery

Mechanism

A09-03-003

Application of Pacific Gas and Electric Company to Establish a Retirement Plan Funding Mechanism and

to Increase Gas and Electric Revenue Requirements, Rates and Charges for a Retirement Plan

Contribution, Effective January 1, 2011.

PROPOSED OUTCOME: (1) Establishes a pension cost recovery mechanism for Pacific Gas and

Electric Company. (2) Closes the proceeding. ESTIMATED COST: (1) 2011 revenue requirement impact

is $140.5 million; (2) 2012 revenue requirement impact is $177.2 million; (3) 2013 revenue requirement

impact is $215.7 million.

(Comr Bohn - ALJ Galvin)

Item

34

[8807]

Motion to Withdraw Application for Limited Exemption from

Affiliate Transaction Rules

A08-07-014

Application of Pacific Gas and Electric Company and PG&e Corporation for Limited Exemption from

Rule V.E of the Commission's Affiliate Transaction Rules.

PROPOSED OUTCOME: (1) Grants the request of Pacific Gas & Electric Company and PG&e

Corporation to terminate the Application for limited exemption from Affiliate Transaction Rule V.E. without

further action. (2) The Application is moot. ESTIMATED COST: None.

(Comr Bohn - ALJ Pulsifer)

Item

35

[8809]

Transfer of the Competitive Local Carrier Certificate of New

Horizons Communications of California Corp. to New Horizons

Communications Corporation

A09-07-005

Joint Application of New Horizons Communications Corporation and New Horizons Communications of

California Corp. for Approval to Transfer the CLC Certificate of New Horizons Communications of

California Corp. to New Horizons Communications Corporation.

PROPOSED OUTCOME: (1) Transfer of Certificate of Public Convenience and Necessity from New

Horizons Communication of California to New Horizons Communication Corporations is granted. (2)

Closes the proceeding. ESTIMATED COST: None foreseen.

(Comr Chong - ALJ Barnett)

Item

36 (Rev.)

[8633]

Compensation to CAlifornians For Renewable Energy $19,411.57

for Substantial Contributions to Decision 08-05-028

A07-02-026

In the Matter of the Application of Southern California Edison Company for Approval of Results of Fast

Track of Its New Generation Request for Offers and for Cost Recovery.

PROPOSED OUTCOME: (1) Awards CAlifornians For Renewable Energy $19,411.57 for its substantial

contributions to Decision 08-05-028. (2) Closes the proceeding. ESTIMATED COSTS: Ratepayers of

SCE will pay $19,411.57, plus interest.

(Comr Peevey - ALJ Division)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Agenda 3238, Item 42 7/30/2009 (Bohn );

Agenda 3239, Item 41 8/20/2009 (Peevey)

Item

37

[8739]

Compensation for Ratepayers for Affordable Clean Energy for

Substantial Contribution to Decision 08-10-025

R07-11-001

Order Instituting Rulemaking to Determine Issues Relating to the California Utilities’ Procurement of

Natural Gas Supplies from Liquified Natural Gas Sources.

PROPOSED OUTCOME: (1) Awards Ratepayers for Affordable Clean Energy $4,607.34 for its

substantial contributions to Decision 08-10-025. (2) Closes the proceeding. ESTIMATED COST:

Ratepayers of Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern

California Gas Company, will pay the awarded amount, plus interest, based on the utilities’ respective

California jurisdictional gas revenues for the 2008 calendar year.

(Comr Peevey - ALJ Yacknin)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

38

[8742]

Compensation to Disability Rights Advocates for Substantial

Contributions to Decision 06-08-030, Decision 07-09-019,

Decision 07-09-018, Decision 08-04-057, and Decision 08-09-015

R05-04-005

Order Instituting Rulemaking on the Commission’s Own Motion to Assess and Revise the Regulation of

Telecommunications Utilities.

PROPOSED OUTCOME: Awards $104,697.30 in compensation to Disability Rights Advocates for its

substantial contributions to Decision 06-08-030, Decision 07-09-019, Decision 07-09-018, Decision

08-04-057, and Decision 08-09-015; a reduction of $56,920.90 (35%) from the amount requested due to

miscalculations, undocumented/excessive costs, adjusted hourly rates, the exclusion of clerical tasks, and

failure to make a substantial contribution. ESTIMATED COST: Payment from the Intervenor

Compensation Fund, which is funded by Commission user fees.

(Comr Chong - ALJ Bemesderfer)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Quasi-Legislative.

Item

39

[8745]

Compensation to Consumer Federation of California for

Substantial Contribution to Decision 08-11-060

R07-09-008

Order Instituting Rulemaking to establish the California Institute for Climate Solutions.

PROPOSED OUTCOME: (1) Awards Consumer Federation of California $23,978.50 in compensation for

its substantial contributions to Decision 08-11-060. (2) Closes Rulemaking 07-09-008. ESTIMATED

COST: Ratepayers of Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern

California Gas Company, and Southern California Edison Company will pay $23,978.50, plus interest,

effective March 28, 2009, and continuing until full payment of the award is made.

(Comr Peevey - ALJ Darling)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

40

[8785]

Compensation to The Utility Reform Network for Substantial

Contributions to Resolution E-4227-A

A09-04-006

Application of the Division of Ratepayer Advocates and The Utility Reform Network for Rehearing of

Resolution E-4227A Approving in Part and Denies in Part Southern California Edison’s Request to

Establish a Memorandum Account and Recover up to $30 Million in Costs For a California IGCC Study.

PROPOSED OUTCOME: Awards The Utility Reform Network $17,977.50 in compensation for substantial

contributions to Resolution E-4227-A. ESTIMATED COST: Ratepayers of Southern Edison Company will

pay $17,977.50, plus interest, effective July 18, 2009.

(ALJ Division)

Item

41

[8805]

Compensation to The Utility Reform Network for Substantial

Contributions to Decision 09-03-024

A07-12-006

Joint Application of San Diego Gas & Electric Company, Southern California Gas Company, and Pacific

Gas and Electric Company to Reallocate the Costs of Natural Gas Public Purpose Programs and Other

Mandated Social Programs Among Customer Classes.

PROPOSED OUTCOME: (1) Awards The Utility Reform Network $67,477.30 in compensation for its

substantial contributions to Decision 09-03-024. (2) The proceeding remains open to address other

related matters. ESTIMATED COST: Ratepayers of San Diego Gas & Electric Company, Southern

California Gas Company, and Pacific Gas and Electric Company will pay $67,477.30, plus interest,

based on their California jurisdictional natural gas revenues for the 2008 calendar year.

(Comr Simon - ALJ Galvin)

Item

42 (Rev.)

[8616]

Compensation to Sustainable Conservation for Substantial

Contributions to Decision 07-07-027

R06-05-027

Order Instituting Rulemaking to Continue Implementation and Administration of California Renewables

Portfolio Standard Program.

PROPOSED OUTCOME:

® Awards Sustainable Conservation $21,482.75 in compensation for its substantial contributions to

Decision 07-07-027.

® Closes the proceeding.

ESTIMATED COST:

® Payment will be made by Pacific Gas and Electric Company, San Diego Gas & Electric

Company, and Southern California Edison Company based on their proportional gas and electric

revenues for 2007.

(Comr Peevey - ALJ Division)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Agenda 3237, Item 27 7/9/2009 (Staff);

Agenda 3238, Item 41 7/30/2009 (Pub. Util. Code §311(e))

Item

42a

(Rev.)

[8732]

PROPOSED OUTCOME:

® Unlike the Proposed Decision, the Alternate denies Sustainable Conservation intervenor

compensation for its substantial contributions to Decision 07-07-027 because its request for

intervenor compensation does not comply with the Public Utilities Code Sections 1802(b)(1) and

1804(b)(1).

® Closes the proceeding.

ESTIMATED COST:

® None

(Comr Bohn )

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

43

[8713]

Establishes Commission's Processes and Criteria for Review of

Smart Grid Projects and Investments by Investor-Owned Utilities

Seeking Recovery Act Funding from the US Department of

Energy

R08-12-009

Order Instituting Rulemaking to Consider Smart Grid Technologies Pursuant to Federal Legislation and

on the Commission’s own Motion to Actively Guide Policy in California’s Development of a Smart Grid

System.

PROPOSED OUTCOME:

® Establishes Commission processes and adopts criteria for review of Smart Grid projects and

investments by investor-owned utilities seeking Recovery Act funding from the US Department of

Energy.

ESTIMATED COST:

® No costs to government or ratepayers result from this decision.

(Comr Chong - ALJ Sullivan)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Quasi-Legislative.

Item

44 (Rev.)

[8757]

A08-12-021

Application of San Diego Gas & Electric Company (SDG&e) for Review of its Proactive De-Energization

Measures and Approval of Proposed Tariff Revisions.

PROPOSED OUTCOME:

® Denies SDG&E's Application, without prejudice.

® Directs the parties to use a collaborative process to consider issues that will be identified in a

subsequent assigned Commissioner's ruling.

® Keeps the proceeding open, and directs the parties to file a status update by December 10, 2009

on the progress made in the collaborative process.

® Denies, without prejudice, San Diego Gas & Electric Company's proposed revisions to Electric

Tariff Rule 14.

® Requires SDG&E to submit an Advice Letter by November 1, 2009 containing a schedule for the

upgrading of the lines and the re-closer policy in the high-fire area that is the subject of the instant

Application.

ESTIMATED COST:

® None.

(Comr Simon)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

44a

[8758]

PROPOSED OUTCOME:

® Deny, without prejudice, San Diego Gas & Electric Company’s proposal to shut off power to

certain areas and communities during periods of high fire danger;

® Deny, without prejudice, San Diego Gas & Electric Company’s proposed revisions to Electric

Tariff Rule 14; and

® Closes the proceeding.

ESTIMATED COST:

® None.

(Comr Simon - ALJ Kenney)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

45

[8777]

Southern California Gas Company Request to Issue New

Long-Term Debt

A09-03-009

Application of Southern California Gas Company for Authorization to: (1) Obtain Long-term Debt Capital

Not to Exceed the Equivalent of U.S. $800,000,000; (2) Include Certain Features in Debt Securities or

Enter into Certain Derivative Transactions; (3) Hedge Issuances of Debt Securities and Preferred or

Preference Securities; (4) Obtain Exemptions from the Competitive Bidding Rule; and (5) Take All Other

Necessary, Related Actions.

PROPOSED OUTCOME:

® Grants Southern California Gas Company authority to issue up to $570 million of its requested

$800 million of long-term Debt Securities. Debt Securities include: (a) secured debt, (b) unsecured

debt, (c) debt placed in foreign capital markets, (d) medium-term notes, (e) direct long-term loans, (f)

accounts receivable financing, (g) variable-rate debt, (h) “fall-away” mortgage bonds initially secured

and subsequently convertible into unsecured debt, and (i) subordinated debt.

® Denies the remaining $230 million of its request because Southern California Gas Company

already has access to $230 million of unused long-term debt authority to help satisfy its 2009 through

2011 long-term debt needs.

® Allows Southern California Gas Company to encumber utility property, including its accounts

receivable, to secure Debt Securities and use hedges to manage interest rate risk.

® Authorizes Southern California Gas Company to enter into: (a) put options, (b) call options, (c)

sinking funds, (d) interest rate swaps, (e) swaptions to enter or exit swap agreements under

specified terms and conditions, (f) caps and collars, (g) currency swaps, (h) credit enhancements, (i)

capital replacement, (j) interest deferral, (k) special-purpose entity transactions, and (l) delayed draw

downs.

® Exempts certain Debt Securities from the Commission’s Competitive Bidding Rule as

enumerated in the decision and authorizes Southern California Gas Company to report all required

General Order 24-B Debt Securities information to the Commission on a quarterly basis unless

directed to report on a monthly basis by the Commission staff.

® Closes the proceeding.

ESTIMATED COST:

® None

(Comr Simon - ALJ Galvin)

Pub. Util. Code § 311 – This item was mailed for Public Comment.

Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Item

46

[8518]

PROPOSED OUTCOME:

® Affirms a prior Executive Director’s Action Resolution E-4225 findings related to Southern

California Edison’s (SCE’s) proposed Moorpark-Newbury 66 kV Subtransmission line.

® Finds that: (1) SCE complied with the notice requirements for the proposed construction of

facilities; (2) The proposed facilities were exempt from Permit to Construct requirements; (3) Facts

claimed in protests to Executive Director’s Action Resolution did not support a finding that General

Order 131-D exemption criteria applied.

® Dismisses protests.

ESTIMATED COST:

® Moorpark-Newbury 66kV Subtransmission Line was filed as Advice Letter 2272-E Notice of

Proposed Construction Project Pursuant to General Order 131-D, therefore no cost information is

provided or required for Permits to Construct.

Agenda 3235, Item 25 6/4/2009 (Staff);

Agenda 3236, Item 43 6/18/2009 (Staff);

Agenda 3237, Item 32 7/9/2009 (Staff)

Item

47 (Rev.)

[8520]

Pacific Gas and Electric Company, San Diego Gas & Electric

Company, and Southern California Edison Company Qualifying

Facilities Contracts

Res E-4242, Advice Letter (AL) PG&E AL 3197-E, SDG&E AL 1958-E and SCE AL 2200-E, filed on

January 14, 2008, Supplemental Advice Letters PG&E AL 3197-E-A, SDG&E AL 1958-E-A and SCE AL

2200-E-A, filed on July 11, 2008, and Supplemental Advice Letters PG&E AL 3197-E-B - Related

matters.

PROPOSED OUTCOME:

® Adopts, with modifications, the Qualifying Facility (QF) Standard Offer Contracts proposed by

Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE) and San

Diego Gas & Electric Company (SDG&E). Upon adoption, there will be one QF Standard Offer

Contract across all three electric Investor Owned Utilities (IOUs).

® The new contract may be signed by new and existing QFs with expired contracts in addition to

QFs pursuing other contracting methods such as participating in an IOU’s Request for Offer process

or negotiating a bilateral contract.

ESTIMATED COST:

® Adoption of this resolution does not imply any specific cost, however, upon adoption, the utilities

may enter into contracts with new or existing QFs.

® These contracts will form part of the utilities’ procurement costs for electricity.

® It is impossible to know in advance the total cost of those contracts, but in the past, QF power has

represented no more than 20% of the utilities’ portfolio.

® Contracts executed with existing QFs should not result in any additional costs as the utilities were

already purchasing power from these QFs in the past.

® Contracts signed with new QFs will represent new incremental expenditures, but this spending will

be offset by the reduced need for new generation as a result of contracting with the new QF.

Agenda 3235, Item 26 6/4/2009 (Staff);

Agenda 3236, Item 44 6/18/2009 (Staff);

Agenda 3237, Item 33 7/9/2009 (Staff);

Agenda 3238, Item 47 7/30/2009 (Staff);

Agenda 3239, Item 55 8/20/2009 (Staff)

Item

48

[8718]

San Diego Gas & Electric Company Increased Funding for its

Charitable Neighbor-to-Neighbor Customer Assistance Program.

Southern California Gas Company Increased Funding for its

Charitable Gas Assistance Fund Customer Assistance Program

Res E-4251, SDG&E Advice Letter (AL) 2065-E/1842-G and SoCalGas AL 3963-G filed on February

20, 2009 respectively - Related matters.

PROPOSED OUTCOME:

® Approves San Diego Gas & Electric Company's (SDG&E) request to transfer $1 million from its

over-collected Rate Design Settlement Account and $0.3 million from its over-collected Post-2005

Gas Energy Efficiency Balancing Account to augment Neighbor-to-Neighbor Program.

® Approves Southern California Gas Company's (SoCalGas) request to transfer $3 million from its

over-collected Self Generation Program Memorandum Account to augment its Gas Assistance Fund

program.

ESTIMATED COST:

® None.

Item

49

[8754]

PROPOSED OUTCOME:

® Adopts the interim Verification Report prepared by the Energy Division to verify the costs and

installations of the Investor Owned Utilities’ energy efficiency program activities during the

2006-2008 program period.

ESTIMATED COST:

® None.

Item

50

[8770]

Res G-3435, Advice Letter 3976 and Advice Letter 3976-A filed on March 26, 2009 and June 1, 2009

respectively. - Related matters.

PROPOSED OUTCOME:

® Resolves Southern California Gas Company's (SoCalGas) request for expedited approval of

contracts to support SoCalGas’ minimum flow requirements on its Southern System.

® Does not approve the gas supply contract with SoCalGas’ Gas Acquisition Department and the

capacity purchase contract with El Paso Natural Gas Pipeline.

® Approves all other gas supply contracts

ESTIMATED COST:

® The estimated cost of the approved contracts is $2.6 million.

Item

51

[8748]

Discussion and action regarding the appointment to the Commission’s Low Income Oversight Board

(LIOB) of Ortensia Lopez and Louise Perez as public representatives and Allan Rago as the private

contractor representative.  The 11-member LIOB advises the Commission on low-income electric, gas,

and water customer issues and serves as a liaison for the Commission to low-income ratepayers and

representatives.

Item

52

[8782]

Consideration of possible Commission initiation of, or intervention in, litigation.

Gov. Code § 11126(e)(2)(C)(i) and/or § 11126(d)(2), allows this item to be considered in Closed

Session.

Significant exposure to litigation

Gov. Code § 11126(e)(2)(B), allows this item to be considered in Closed Session

Significant exposure to litigation in federal agency or court proceedings.

Gov. Code § 11126(e)(2)(B), allows this item to be considered in Closed Session

Consideration of possible Commission initiation of, or intervention in, federal agency or court

proceedings.

Gov. Code § 11126(e)(2)(C)(i), allows this item to be considered in Closed Session.

Item

53

[8783]

California Independent System Operator Corporation, FERC Docket No. ER06-615, also known as

Market Redesign and Technology Update (MRTU).

Conference with Legal Counsel - Existing Litigation; San Diego Gas & Electric Co., FERC Docket No.

EL00-95, Investigation of Practices of the California Independent System Operator and the California

Power Exchange, FERC Docket EL00-98, and related dockets, CPUC v. FERC, Ninth Circuit Nos.

01-71051, et al., and 01-71934, et al., and related dockets.

Gov. Code § 11126(e)(2)(A), allows this item to be considered in Closed Session.

Consideration of appointment, employment, evaluation of performance, or dismissal of a public employee

or to hear complaints or charges brought against that employee by another person or employee.

Gov. Code § 11126(a), allows this item to be considered in Closed Session