Results

Public Utilities Commission of the State of California

Public Agenda 3070

Thursday, September 6, 2001, 10 a.m.

San Francisco, California

Commissioners
Loretta M. Lynch, President
Henry M. Duque
Richard A. Bilas
Carl W. Wood
Geoffrey F. Brown

For each agenda item, a summary of the proposed action is included; the Commission's decision may, however, differ from that proposed.

Website: http://www.cpuc.ca.gov

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
Tuesday, September 4	Thursday, September 6
Monday, September 17	Thursday, September 20
Tuesday, October 9	Thursday, October 11
Monday, October 22	Thursday, October 25 (Los Angeles)
Monday, November 5	Thursday, November 8

*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. A "_" next to the date indicates that the meeting will be held. A "_" next to the item number on the Agenda indicates that the matter will be considered during the Ratesetting Deliberative Meeting.

A "_" next to the item number on the Agenda indicates that the matter may be considered during Closed Session pursuant to Public Utilities Code Section 1701.2(c); thereafter the Commissioners will reconvene in Public Session to vote on the item.

Matters of Public Interest For the convenience of the public and media representatives, items of widespread public interest will be taken up at the beginning of the meeting.

For further information contact the Public Advisor (415) 703-2074 E-mail: public.advisor@cpuc.ca.gov

PUBLIC COMMENT

The following items are not subject to public comment:

· All items on the closed session agenda; these are HEX and EX items.

· H-3, H-3a

CONSENT AGENDA

Items shown on the Consent Agenda will be taken up and voted on as a group in one of the first items of business of each Commission meeting. Items may be removed from the Consent Agenda for discussion on the Regular Agenda at the request of any Commissioner prior to the meeting.

ORDERS AND RESOLUTIONS

CA-1	Res TL-18975 - Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374(b) of the Public Utilities Code.
CA-2	Res ALJ-176-3070 - Ratification of preliminary determinations of category for proceedings initiated by application. The preliminary determinations are pursuant to Article 2.5, Rules 4 and 6.1 of the Commission's Rules of Practice and Procedure.
CA-3	A00-10-049 - Citizens Utilities Company of California (Citizens). For approval of its Water System Master Plan Update for its Montara District. This decision adjusts and approves Citizens' 2000 Master Plan for improvements between 2001-2007. The rate impact is estimated to be roughly 6-7% annually or totally 45% in seven years. This proceeding is closed. (Com Duque - ALJ Bennett) (Section 311(d))

CA-4	Res T-16570 - Cox California Telcom, L.L.C. dba Cox Communications (Cox). This resolution grants Cox's request to extend the effective date of the basic service response program and discontinue a monthly report to the Telecommunications Division containing the number of affected customers who have been affirmatively contacted by Cox, that was approved in Commission Resolution T-16432. (Advice Letters 75 and 75-A filed April 17, 2001 and May 31, 2001 respectively) (Section 311(g)(1))
CA-5	Res T-16491 - Deaf and Disabled Telecommunications Equipment and Service Programs (DDTP). This resolution recommends an operating budget of $48,565,000 for DDTP for calendar year 2001. Telecommunications Division recommends opening a lock box and a commercial account. (Section 311(g)(1))
CA-6	R98-09-005 - Order Instituting Rulemaking on the Commission's own motion to consider modifications to the Universal Lifeline Telephone Service Program and General Order 153. This decision grants The Utility Reform Network an award of $16,015, Public Advocates an award of $35,529, and Greenlining Institute and Latino Issues Forum an award of $26,823, in compensation for their substantial contributions to D00-10-028. Pacific Bell and Verizon California shall each pay in proportion to the number of access lines they serve. (Com Duque - ALJ DeUlloa) (Agenda 3068, Item CA-41, 8/2/01; Req - Commission)
CA-7	Res T-16566 - This resolution establishes reporting requirement for telecommunications carriers eligible for federal universal service high-cost support. (Section 311(g)(1))
CA-8	A00-09-010 - California Water Service Company. For an order authorizing it to increase rates charged for water service in the Bakersfield district. This decision approves a stipulation between California Water Service Company, the Office of Ratepayer Advocates, and Califarming, Inc. regarding the Special Facilities Fee for the Bakersfield District. Califarming, Inc. is given a discount from the Special Facilities Fee for its efforts in obtaining lower cost water to serve its property. This proceeding is closed. (Com Duque - ALJ O'Donnell) (Section 311(d))
CA-9	A01-05-013 - Seyed K. H. Tarri dba Prompt Shuttle Charter Airport Shuttle Service. For authority to operate as an on-call passenger stage corporation between Orange County and John Wayne Airport. Granted. This proceeding is closed. (Exam Koss)
CA-10	A01-05-069 - Kebede M. Kaba dba Airport & Hotel Shuttle. For authority to operate as a passenger stage corporation between points in San Francisco, San Mateo, Alameda and Santa Clara Counties and the international airports of San Francisco, Oakland and San Jose, and to establish a zone of rate freedom. Granted. This proceeding is closed. (Exam Koss)
CA-11	A01-05-011 - Narinderjit Singh Dhillon dba Dhillon Airporter. For authority to operate on-call passenger stage corporation between the counties of Alameda, Santa Clara, and San Mateo, and the international airports of Oakland, San Francisco, and San Jose. Granted. This proceeding is closed. (Exam Koss)
CA-12	A01-05-054 - Michael R. Parodie and Grupo Azteca, LLC. For authority to transfer its passenger stage corporation to Grupo Azteca, LLC and for authorization to extend its service area and establish a zone of rate freedom. Granted. This proceeding is closed. (Exam Koss)
CA-13	A01-05-005 - North San Diego County Transit Development Board. For an Order authorizing construction of two Standard No.8 Flashers pursuant to CPUC General Order No. 75-C, with low-tone bells, baffles and back to back roundels, at the existing concrete in-station pedestrian at-grade crossing at the Carlsbad Village Commuter Rail Station. A01-05-006, A01-05-007, and A01-05-008 - Related matters. This decision grants request of the North San Diego County Transit Development Board to install automatic protection at the existing in-station pedestrian at-grade crossings at the 1) Carlsbad Village Commuter Rail Station, 2) Carlsbad Poinsettia Rail Station, 3) Encinitas Commuter Rail Station and 4) Sorrento Valley Commuter Rail Station all within San Diego County. These proceedings are closed. (Exam Koss)
CA-14	A00-06-006 - City of Sacramento. For authority to construct an at-grade bicycle crossing across the tracks of the Sacramento Southern Railroad in the City and County of Sacramento. This decision dismisses the application for lack of prosecution. (Exam Koss)
CA-15	A01-03-014 - Pacific Centrex Services, Inc. (Applicant) This decision grants applicant a certificate of public convenience and necessity to provide limited facilities-based and resold local exchange and interexchange services. The decision also approves the transfer of control of Pacific Centrex Services, LLC to Pacific Centrex Services, Inc. This proceeding is closed. (Com Wood - ALJ O'Donnell)
CA-16	C00-09-025 - Daniels Cablevision, Inc. and the California Cable Television Association vs. San Diego Gas & Electric Company. This decision extends the twelve-month statutory deadline for resolving the proceeding pursuant to Pub. Util. Code § 1701.2(d). (Com Wood - ALJ Duda)
CA-17	Res T-16567 - Pacific Bell Telephone Company (Pacific). This resolution approves one Interconnection Agreement between Pacific and Mpower Communications Corporation, in accordance with the provisions of General Order 96-A and Resolution ALJ-181. (Advice Letter 21951 filed July 12, 2001)
CA-18	Res T-16568 - Verizon California, Incorporated (Verizon). This resolution approves one Interconnection Agreements between Verizon and One Point Communications, Colorado, L.L.C. dba Verizon Avenue (Certificate Pending) in accordance with the provisions of General Order 96-A and Resolution ALJ-181. (Advice Letter 9826 filed July 13, 2001)
CA-19	Res W-4296 - Southern California Water Company, Region 3. This resolution authorizes a temporary surcharge to offset costs resulting from a temporary electric rate increase to Southern California Edison Company granted by Commission decision D01-03-082. (Advice Letter (AL) 1097-W filed June 20, 2001 and Supplemental AL 1097-W-A)
CA-20 (Rev.) (8/30/01)	R97-08-001 - Rulemaking, on the Commission's own motion to consider adoption of rules applicable to Interexchange Carriers for the transfer of customers including establishing penalties for unauthorized transfer. I97-08-002 - Related matter. This decision awards The Utility Reform Network $62,126.75, and the Latino Issues Forum/The Greenlining Institute $74,790.50 in compensation for their respective contributions to Decision (D) 00-03-020, D00-05-052, and D00-11-015. These proceedings are closed. (Com Brown - ALJ Bushey) This revision was not listed on the agenda distributed to the public.
CA-21	C97-09-032 - MFS Intelnet of California, Inc. (MFS) vs. Pacific Bell (Pacific). This decision grants the petition to modify D00-04-034 filed by MCI WorldCom Communications, Inc. (MCI), the successor-in-interest to MFS Intelnet of California, Inc. and directs Pacific to pay MCI interest on the underlying contractual obligation at the rate of ten percent per annum, as required by Civil Code § 3289. This proceeding is closed. (Com Bilas - ALJ Vieth) (Section 311(g)(1)) (Agenda 3068, Item CA-4, 8/2/01; Req - Commission)
CA-22	A00-09-052 - State of California, Department of Transportation. For authority to widen State Route 84 (Jefferson Boulevard) across the Port of Sacramento railroad tracks at PUC No. 89-2.10, located in West Sacramento, Yolo County, State of California. Granted. This proceeding is closed. (Com Bilas - ALJ Bennett) (Section 311(g)(1)) (Agenda 3068, Item CA-8, 8/2/01; Req - Commission)
CA-23	Res W-4281 - Southern California Water Company (SCWC). This resolution authorizes SCWC a temporary surcharge to offset costs resulting from a temporary electric rate increase to Southern California Edison Company and Pacific Gas and Electric Company granted by Commission D01-03-082. (Advice Letter 1095-W, filed April 16, 2001) (Agenda 3067, Item CA-31, 7/12/01; Req - Commission)
CA-24	Res W-4278 - California Water Service Company, Dominguez District and Kern River Valley District (Applicant). This resolution grants Applicant's request for an offset rate increase producing additional annual revenues of $482,800 or 2.0% of adopted revenue in Dominguez District, and additional annual revenues of $73,600 or 4.1% of adopted revenue in Kern River Valley District. (Advice Letter 1494 filed May 18, 2001) (Agenda 3066, Item CA-25, 6/28/01; Req - Commission)
CA-25	Res W-4293 - Ramona Water Company. This resolution authorizes Ramona Water Company an interim increase in rates, subject to refund, producing additional annual revenues of $33,064 or 99.8% for Test Year 2000. (Agenda 3069, Item CA-55, 8/23/01; Req - Commission)

CA-26 (9/5/01)

R98-07-037 - Order Instituting Rulemaking on the Commission's Proposed Policies and Programs Governing Energy Efficiency, Low-Income Assistance, Renewable energy and Research Development and Demonstration. This matter addresses the petition for modification of D01-07-028 filed by Pacific Gas and Electric Company to provide added assurance of cost recovery. (Com Lynch) This item appeared as Item 4 on the agenda distributed to the public. This item was not listed on the agenda distributed to the public.

REGULAR AGENDA

UTILITY AND TRANSPORTATION ORDERS

ORDERS HELD OVER

H-1	A89-03-026 - Southern California Edison Company (Edison). For a certificate that the present and future public convenience and necessity requires or will require Edison to construct and operate a 220 kV double-circuit transmission line between the Kramer Substation and the Victor Substation in San Bernardino County. This decision approves an award of compensation to The Utility Reform Network (TURN) for substantial contributions to D00-06-054 but reduces the award by an amount to be determined. TURN sought compensation totaling $118,714.42, but a part of that request dealt with time spent pursuing alleged violations by Edison of Rule 1, the Commission's Code of Ethics. The Rule 1 allegations were withdrawn, and the record reflects that Rule 1 matters were not considered in the Commission's deliberations. We direct TURN to file a supplemental pleading recalculating the amount it requests without the Rule 1 fees and charges. Edison had protested TURN's request in part, including the request for Rule 1 recovery. This proceeding remains open pending a supplemental filing and issuance of a final decision. (Com Duque - ALJ Walker) (Agenda 3060, Item CA-33, 3/27/01; Req - Commission)
H-2	C98-06-016 - The Utility Consumers' Action Network (UCAN) vs. MCI Metro Access Transmission Services, Inc. (MCI Metro). This decision finds that MCI Metro has resolved all billing errors included in this proceeding, and that these errors support a fine of $250,000 as requested by UCAN. MCI Metro's forthright and cooperative conduct in resolving these errors, however, mitigates the need for the fine. This proceeding is closed. (Com Bilas - ALJ Bushey) (Section 311(g)(1)) (Agenda 3053, Item 1, 12/21/00; Req - Commission)
H-2a	ALTERNATE ORDER TO ITEM H-2. This alternate order finds that MCI Metro, in compliance with D99-04-053, has resolved billing errors, and that these errors support a fine. This proceeding is closed. (Com Wood) (Agenda 3055, Item H-4a, 1/18/01; Req - Commission)
H-3	I97-07-018 - Order Instituting Investigation (OII) on the Commission's own motion into the operations, practices, rates and charges of the Hillview Water Company, Inc. (Hillview), a corporation, and Roger L. Forrester, the principal shareholder and president. This interim decision addresses the Motion for Adoption of Settlement (Motion) jointly filed on November 22, 1999, by the Ratepayer Representation Branch (RRB) of the Water Division, and Hillview, one of the respondents in this investigation. The motion asks to adopt a written settlement agreement, executed as of the same date by RRB and Hillview, as "a complete resolution of all issues in the present proceedings." The Motion is denied. This interim decision also addresses Hillview's Petition to Modify Order, filed September 20, 2000, which asks the Commission to modify the OII, dated July 16, 1997, the order that initiated this proceeding. Hillview asks the Commission to delete from the OII a requirement that any proposals to increase rates or charges submitted to the Commission on behalf of Hillview be consolidated with this enforcement proceeding for consideration. The petition is denied. (Com Duque - ALJ Ryerson) (Section 311(d)) (Agenda 3053, Item 4, 12/21/00; Req - Commission)
H-3a	ALTERNATE ORDER TO ITEM H-3. This alternate order grants in part the Motion for Adoption of Settlement jointly filed by Hillview Water Company, Inc. (Hillview) and the Ratepayer Representation Branch of the Water Division. This alternate order also grants Hillview's Petition for Modification of the OII so as to eliminate the requirement that any proposals to increase rates or charges be consolidated with this enforcement proceeding. (Com Duque) (Agenda 3057, Item H-3a, 2/8/01; Req - Commission)
_H-4	C98-04-004 - The Utility Consumers' Action Network vs. Pacific Bell. C98-06-003, C98-06-027, C98-06-049, I90-02-047 - Related matters. This decision disposes of appeals of Presiding Officer's Decision. These proceedings are closed. (Com Wood - ALJ Bushey) (Agenda 3044, Item 3, 8/3/00; Req - Commission)
_H-4a	COMMISSIONER DUQUE'S ORDER Re ITEM H-4. This decision disposes of appeals of Presiding Officer's Decision. These proceedings are closed. (Agenda 3044, Item 3a, 8/3/00; Req - Commission)
_H-4b	COMMISSIONER BILAS' ORDER (PAGES) Re. ITEM H-4a. These alternate pages assess a total fine of $10,039,000, in addition to the costs of the remedial Caller ID blocking options program, against Pacific Bell (Pacific), but stay imposition of one half of that amount, or $5,019,500, due to Pacific's candor and cooperation in this proceeding and its steps to voluntarily correct some abuses found herein. (Agenda 3050, Item H-10b, 11/2/00; Req - Commission)
_H-4c	COMMISSIONER WOOD'S ORDER Re. ITEM H-4. This decision differs from the Presiding Officer's Decision in the following ways: it determines that Pacific Bell's (Pacific) practice of requiring service representatives to promote optional services on every incoming call violates applicable disclosure and service standards contained in Section 451, Section 2896, and Tariff Rule 12. Like the Presiding Officer's Decision, this decision declines to adjudicate claims that Pacific violated the California Unfair Competition Law (Business and Professions Code Section 17200 et seq. and Section 17500 et seq.), and notes that remedies available under that law are cumulative and in addition to remedies that may be imposed under other laws. The discussion has been revised, however, to clarify that a court is the appropriate forum in which to adjudicate Unfair Competition Law claims and that nothing in this decision is intended to preclude a court from imposing additional remedies under that law. The amount of the fine is not changed significantly ($43.8 Million), but the decision clarifies how the fine amount was calculated and the criteria that were considered. The fine is imposed in its entirety with no portion suspended. (Agenda 3052, Item H-2c, 12/7/00; Req - Commission)
_H-4d	COMMISSIONER BROWN'S ORDER Re: ITEM H-4c. This order revises downward the total fine assessed against Pacific Bell for its unlawful action. The discussion of the fine has been revised to explain how the record evidence was weighed in accordance with the factors which the Commission has applied in previous cases in determining an appropriate fine in this case. (Agenda 3058, Item H-3d, 2/22/01; Req - Commission)
H-5	A00-11-038 - Southern California Edison Company (SCE). For authority to institute a rate stabilization plan with a rate increase and end of rate freeze tariffs. A00-11-056, A00-10-028 - Related matters. This decision considers an agreement between the California Public Utilities Commission and the Department of Water Resources, to be treated as a financing order. (Com Lynch - ALJ DeUlloa) (Agenda 3059, Item 8, 3/15/01; Req - Commission)
H-6 (Rev.)	A00-10-045 - San Diego Gas & Electric Company (SDG&E). For authority to implement Assembly Bill 265. A01-01-044 - Related matter. This decision authorizes rate increases applicable to electric customers of SDG&E in accordance with Assembly Bill X1 1. The increases will provide revenues to fund the California Department of Water Resources' (DWR) procurement of electric power on behalf of SDG&E's retail end use customers consistent with our companion decision in A00-11-038 et al. This decision establishes a system average rate increase of 1.46 cents per kilowatt-hour, or 12.1%. Because the total amount of the rate increase is dedicated to DWR, this decision does not change the revenues received by SDG&E for the power that it provides with its retained generation resources. Residential customers whose consumption does not exceed 130% of baseline quantities, CARE customers, and medical baseline customers are exempted from the increases. (Com Wood - ALJ Wetzell) (Agenda 3066, Item 8, 6/28/01; Req - Commission)
H-7	A98-07-003 - Pacific Gas and Electric Company (PG&E). For verification, consolidation and approval of costs and revenues in the Transition Revenue Account. A98-07-006, A98-07-026 - Related matters. Pursuant to Water Code § 80110, this decision suspends the right of retail end users of electric energy to acquire service from other providers. We will address Southern California Edison Company's petition to suspend payments of credits to direct access customers in a future phase of this proceeding. (Com Wood - ALJ Barnett) (Agenda 3065, Item 4, 6/14/01; Req - Commission)
H-7a	ALTERNATE ORDER TO ITEM H-7. This alternate decision holds Edison's motion to suspend cash payments for direct access customers in abeyance pending further order, but does not suspend direct access under AB 1X. It states that the Commission will consider any potential suspension of direct access consistent with due process assessing all relevant factors to the timing of any such suspension. It also provides notice of a potential modification of D99-06-058 to move to a bottoms up approach to calculate the PX credit for direct access customers. The docket remains open to consider such a modification expeditiously and to resolve outstanding issues surrounding payments and credits for direct access customers and to hold a prehearing conference on suspension of direct access issues. (Com Bilas) (Agenda 3066, Item H-26a, 6/28/01; Req - Commission)
H-8	A01-06-039 - San Diego Gas & Electric Company (SDG&E). This decision addresses the application of SDG&E for approval of a Servicing Agreement between the State of California Department of Water Resources and SDG&E Pursuant to Chapter 4 of the Statutes of 2001 (Assembly Bill 1 of the First 2001-2002 Extraordinary Session) (Exam Clanon) (Agenda 3067, Item 4, 7/12/01; Req - Commission)
H-9	A01-06-044 - Southern California Edison Company (Edison). This decision addresses the application of Edison for approval of a Servicing Agreement, between the State of California Department of Water Resources and Edison pursuant to Chapter 4 of the Statutes of 2001 (Assembly Bill 1 of the First 2001-2002 Extraordinary Session) (Exam Clanon) (Agenda 3067, Item 5, 7/12/01; Req - Commission)
H-10	A00-11-038 - Pacific Gas and Electric Company (PG&E). For authority to institute a rate stabilization plan with a rate increase and end of rate freeze tariffs. A00-11-056, A00-10-028 - Related matters. This decision addresses the California Department of Water Resources (DWR) letter request that PG&E be ordered to provide various services for DWR on the terms and conditions as set forth in the proposed servicing agreement to be executed between DWR and PG&E pursuant to Chapter 4 of the Statutes of 2001 (Assembly Bill 1 of the First 2001-2002 Extraordinary Session). (Exam Clanon) (Agenda 3067, Item 6, 7/12/01; Req - Commission)
H-11	R_________ Order Instituting Rulemaking on the commission's Own Motion to assess and revise the New Regulatory Framework for Pacific Bell and Verizon California Incorporated. I_________ - Order Instituting Investigation on the commission's Own Motion to assess and revise the New Regulatory Framework for Pacific Bell and Verizon California Incorporated. The proceeding instituted by today's order is the fourth triennial review of the New Regulatory Framework. (ALJ Kenney) (Agenda 3067, Item 7, 7/12/01; Agenda 3068; Req - Commission)
H-12 (Rev.) (8/30/01)	A01-06-020 - Pacific Gas and Electric Company (PG&E). This decision grants PG&E's motion to withdraw its application for approval of open season procedures for awarding firm capacity on its transmission facilities. (Com Bilas - ALJ Brown) (Agenda 3067, Item 12, 7/12/01; Req - Commission) This revision was not listed on the agenda distributed to the public.
H-12a	ALTERNATE ORDER TO ITEM H-12. This decision grants limited approval of Pacific Gas and Electric Company's (PG&E) application while requiring two amendments to the open season procedures for awarding firm capacity on its transmission. Of the available capacity offered in its open season, half will be made available to customers bidding for terms of less than five years with the remaining half available to customers bidding for terms in excess of five years. A provision will be included in the approval of the contracts stating that any awarded capacity not sold and operationally available on any day be made available to PG&E to be sold as interruptible capacity. This approval by no means excludes future revisions to the open season procedures. The results of the open season and issues raised in the application will be reviewed further in the Gas Accord II proceeding. (Com Brown) (Agenda 3067, Item H-12b, 7/12/01; Req - Commission)
H-13	A01-02-026 - Catalina Red & White Cruises, Inc. now known as Catalina Classic Cruises, Inc. (Applicant). For a certificate of public convenience and necessity to operate as a vessel common carrier between Long Beach and Los Angeles (San Pedro), California on the one hand and all points and places on Santa Catalina Island on the other hand, and between all points and places at and within three miles of Santa Catalina Island; request for interim operating authority. This decision grants Applicant interim authority to serve between Avalon and the cities of Long Beach and San Pedro. (Com Bilas - ALJ Rosenthal) (Section 311(d)) (Agenda 3068, Item 1, 8/2/01; Req - Commission)
H-14	A99-11-027 - Pacific Pipeline System LLC (PPS). For authority pursuant to Public Utilities Code Section 851 et seq. to permit the use of certain fiber optic telecommunications facilities. This decision grants the unopposed application of (PPS) to lease excess fiber optic capacity to third parties, including Qwest Communications International, Inc. However, the decision finds PPS should have afforded the Commission the opportunity to evaluate the construction incident to the leases under the California Environmental Quality Act, rather than unilaterally deciding to perform such construction without Commission approval. It finds that in so doing, PPS violated Commission Rules 1 and 17.1 and Cal. Pub. Util. Code § 702, and should be penalized in the amount of $150,000 pursuant to Cal. Pub. Util. Code § 2107. This proceeding is closed. (Com Wood - ALJ Thomas) (Section 311(g)(1)) (Agenda 3068, Item 2, 8/2/01; Req - Commission)
_H-15 (Rev.) (8/30/01)	I99-04-020 - Investigation on the Commission's own Motion into the operations, practices, and conduct of Vista Group International, Inc., (U-5650), doing business as Vista Communications (Vista), Thomas Coughlin, Chief Executive Officer of Vista, and Philip Bethune, President of Vista, to determine whether they have violated the laws, rules, and regulations governing the manner in which California consumers are switched from one Long Distance carrier to another. A99-09-038 - Related matter. This Decision resolves a slamming and cramming investigation, imposing a $3.5 million fine for this proven conduct. The Consumer Services Division appeals, arguing that greater fines and suspension are warranted. This appeal is denied. These proceedings are closed. (Com Bilas - ALJ Bennett) (Agenda 3068, Item CA-6, 8/2/01; Req - Commission) This revision was not listed on the agenda distributed to the public.
_H-15a (8/31/01)	PRESIDENT LYNCH'S ORDER re ITEM H-15. This decision differs from the Presiding Officer's Decision in that it increases the fine to $7.0 million. This item was not listed on the agenda distributed to the public.
H-16	A00-11-038 - Southern California Edison Company (SCE). For authority to institute a rate stabilization plan with a rate increase and end of rate freeze tariffs. A00-11-056, A00-10-028 - Related matters. This decision addresses the legal question of how non-nuclear generation assets should be valued for determining a revenue requirement for utility retained generation. (Com Lynch) (Agenda 3069, Item 10, 8/23/01; Req - Commission)
H-17	A00-11-038 - Southern California Edison Company. For authority to institute a rate stabilization plan with a rate increase and end of rate freeze tariffs. A00-11-056, A00-10-028 - Related matters. This decision addresses the revenue requirements received from the California Department of Water Resources (DWR), pursuant to AB1X. AB1X provides that the DWR is entitled to recover as its revenue requirement the amounts and categories listed in Water Code Section 80134. (Coms Lynch/Brown - ALJ Pulsifer) (Agenda 3069, Item 13, 8/23/01; Req - Commission)

H-18	I__________ - Order to Show Cause on the Commission's own motion regarding Pacific Gas and Electric Company's (PG&E) position reflected in a letter to Executive Director Wesley Franklin as to why it cannot comply with D01-06-067, which directed PG&E to pay intervenor compensation to The Utility Reform Network and Aglet Consumer Alliance. PG&E claims that it is precluded from paying the amount ordered in D01-06-067 because it is pre-petition bankruptcy debt, while PG&E chooses to pay other pre-petition debt. PG&E is directed to indicate which other intervenors it is not paying on this basis. (Agenda 3069, Item 15, 8/23/01; Req - Commission)
H-19	A00-02-039 - Metromedia Fiber Network Service (MFNS). For modification of its certificate of public convenience and necessity to comply with the California Environmental Quality Act. This decision resolves the Second Petition of MFNS for Modification of D00-09-039, in which MFNS seeks authorization of 90 modifications to its fiber optic project in the San Francisco and Los Angeles areas. (Com Lynch - ALJ Thomas) (Agenda 3069, Item 16, 8/23/01; Req - Commission)
H-20	A00-11-038 - Southern California Edison Company (SCE). For authority to institute a rate stabilization plan with a rate increase and end of rate freeze tariffs. A00-11-056, A00-10-028 - Related matters. This decision considers proposals to modify rate structures, including those for agricultural customers, and modification of the definition of agricultural customers. (Com Lynch - ALJ Walwyn) (Agenda 3069, Item 17, 8/23/01; Req - Commission)

H-21

I99-07-003 - Order Instituting Investigation on the Commission's own motion to consider the costs and benefits of various promising revisions to the regulatory and market structure governing California's Natural Gas Industry and to report to the California Legislature on the Commission's findings. This decision considers three contested settlement proposals addressing the promising options raised in D99-07-015 as applied to the Southern California Gas Company natural gas system, and to a lesser extent, the San Diego Gas & Electric Company gas system. Based on the record developed regarding costs and benefits, and the official notice we take of gas prices at the border and at Pacific Gas and Electric Company's citygate in the past few months since the close of the evidentiary hearing, we choose to approve the most modest proposal, the Interim Settlement, with some modifications. The major modification is the rejection of the provision for an automatic expansion of capacity at Wheeler Ridge with rolled-in rates if certain criteria are met. Additionally, based on the evidence in the record, we unbundle core interstate transportation from rates, eliminate core contribution to noncore interstate transition cost surcharges and the core subscription option as well as the caps and thresholds for core aggregation programs. We reduce the core aggregation program threshold, and offer billing options to core aggregators. Finally, we once again urge the Legislature to enact consumer protection legislation for those ratepayers served by core aggregators and other marketers. This proceeding is closed. (Com Bilas - ALJ Biren) (Section 311(d)) (Agenda 3053, Item 2, 12/21/00; Req - Commission)

ORDERS

1	R01-06-023 - Rulemaking on the Commission's own motion for the purpose of amending the Commission's Conflict of Interest Code. This decision adopts amendments to the Commission's Conflict of Interest Code. (Com Lynch - ALJ Kotz)
2	A00-05-015 - Citizens Utilities Company of California (Citizens) and California-American Water Company (Cal-Am). For an order authorizing: Citizens to sell and to transfer all of its water utility assets and indebtedness to Cal-Am; Cal-Am to acquire all of the water utility assets and indebtedness of Citizens and thereafter to engage in and carry on the water utility business and service to the customers of Citizens; Citizens to withdraw from the water utility business; and for related relief. A00-05-016 - Related matter. Under Application A00-05-015, Citizens is authorized to sell and transfer, and Cal-Am is authorized to acquire, all of Citizens' water utility assets and its California Safe Drinking Water Bond Act Loan indebtedness. The authority granted is subject to various ratemaking-related conditions proposed by the applicants in their alternative sharing proposal tendered during the final days of hearing in the proceeding. Upon completion of the transfer, CalAm shall assume all of Citizens' water public utility obligations. Separate but related A00-05-016 requesting authority to merge San Jose Water Company into CalAm is dismissed at the request of the applicants. These proceedings are closed. (Com Wood - ALJ McVicar) (Section 311(d))
3	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 decision grants Category M essential customer status (normally exempt from rotating outages) to some customers. Customers who have not yet submitted a Statement of Authenticity must do so within 60 days. Respondent utilities shall exempt involved circuits within 10 days, and submit a report within 15 days if unable to exempt any involved circuits. Category M status will expire in 24 months. The decision also addresses limited other customers who applied under Category M but whom we treat in other categories. The proceeding remains open. (Com Wood - ALJ Mattson)
4 (Rev.) 9/5/01	Moved to Item CA-26 on the agenda. This revision was not listed on the agenda distributed to the public.
5 (9/4/01)	A00-11-038 - Southern California Edison Company, for authority to institute a rate stabilization plan with a rate increase and end of rate freeze tariffs. A00-11-056, A00-10-028 - Related matters. This decision addresses the petition for modification of decision D01-06-015 that was filed by the Independent Energy Producers Association on July 13, 2001. This matter is added to the agenda pursuant to Gov. Code section 11125.3(a)(2) and Pub. Util. Code section 306(b). (Com Lynch/Wood - ALJ Wong) This item was not listed on the agenda distributed to the public.

UTILITIES RESOLUTIONS AND WRITTEN REPORTS

ENERGY MATTERS

E-1	Res E-3737 - Pacific Gas and Electric Company (PG&E). This resolution approves as modified the request of PG&E for approval of its proposal to disburse up to $8.3 million from the Humboldt Bay Power Plant Unit 3 Nuclear Decommissioning Master Trusts for continued early decommissioning work at that plant. (Advice Letter 2095-E, filed March 28, 2001) (Section 311(g)(1)) (Agenda 3069, Item E-1, 8/23/01; Req - Commission)
E-2	Res G-3323 - Pacific Gas and Electric Company (PG&E). PG&E requests approval to shift $6.0 million of Pre-1998 Demand Side Management (DSM) funds to existing 2001 residential and nonresidential Energy Efficiency programs. PG&E also requests approval to shift any unspent portion of these transferred funds to other residential programs for which existing funding may run out and requests that the Commission expedite the review process and shorten the protest period of Advice Letter 2334-G/2147-E from 20 days to 10 days. (Advice Letter 2334-G/2147-E filed on July 31, 2001)
E-3	Res E-3756 - Revision to the format and informational language on customers' electric bill of San Diego Gas & Electric Company.

TELECOMMUNICATIONS MATTERS

C-1	Res T-16388 - Greenlining Institute (Greenlining), GTE-California (GTEC), Latino Issues Forum (LIF), and the Consumer Services Division (CSD). This resolution addresses a set of proposed bylaws filed by Greenlining, GTEC, LIF and CSD to implement a Telecommunications Consumer Protection Fund (Fund). The Fund is to be established for the benefit of limited-English and non-English speaking customers in the service areas most affected by the allegedly abusive marketing practices of GTEC. (Section 311(g)(1)) (Agenda 3034, Item C-4, 3/2/00; Req - Commission)

LEGAL DIVISION MATTERS

LEGISLATIVE MATTERS

HLEG-1	AB 1 (Aanestad) - Energy efficiency programs (Agenda 3063, Item LEG-1, 5/14/01; Req - Commission)
HLEG-2	AB 69 (Wright) - Environmental Quality (Agenda 3063, Item LEG-4, 5/14/01; Req - Commission)
HLEG-3	AB 1234 (Pescetti) - Auction of utility gas gathering facilities (Agenda 3063, Item LEG-15, 5/14/01; Req - Commission)
HLEG-4	AB 1235 (Pescetti) - Natural Gas - gas corporations: service (Agenda 3063, Item LEG-16, 5/14/01; Req - Commission)
HLEG-5	AB 1248 (Daucher) - Electric service: rates: interruptible programs (Agenda 3063, Item LEG-17, 5/14/01; Req - Commission)
HLEG-6	AB 1325 (Negrete McLeod) - PUC: payments to influence legislative or administrative action (Agenda 3063, Item LEG-19, 5/14/01; Req - Commission)
HLEG-7	AB 1477 (Hertzberg) - State non-emergency telephone system: 311 (Agenda 3063, Item LEG-20, 5/14/01; Req - Commission)
HLEG-8	AB 1723 (Committee on Utilities and Commerce) - telephonic reading systems (Agenda 3063, Item LEG-22, 5/14/01; Req - Commission)
HLEG-9	SB 201 (Speier) - Public Utilities Commission: division to represent interests of customers and subscribers (Agenda 3063, Item LEG-39, 5/14/01; Req - Commission)

COMMISSIONERS' REPORTS

MANAGEMENT REPORTS

CLOSED SESSION

This notice is furnished under Government Code Sections 11125 and 11126.3. The Commission will meet in Closed Session following the Public Session of its regularly scheduled meeting. In the Closed Session, the Commission may consider personnel matters as provided under Government Code Section 11126(a), institution of proceedings or disciplinary actions against any person or entity under the jurisdiction of the Commission as provided under Government Code Sections 11126(d)(2) and 11126(e)(2)(C)(i), and pending litigation as provided under Government Code Section 11126(e). Additional items may be added to the closed session agenda pursuant to Gov. Code Section 11126.3(d). If in Closed Session the Commission votes to appoint, employ, or dismiss a public employee, the Commission will thereafter reconvene in Open Session to make the disclosures required by Government Code Sections 11125.2 and 11126.3(f).

NON-FEDERAL ITEMS

ORDERS HELD OVER

HEX-1	Conference with Legal Counsel - Initiation of Enforcement Proceeding. Deliberation on institution of proceeding or disciplinary actions against person or entities subject to Commission's jurisdiction. (Disclosure of case name would fail to protect the private economic or business reputation of the person or entity if the proceeding or disciplinary action is not commenced and disclosure could also jeopardize the ability to effect personal service on the Respondent.) (Gov. Code §§ 11126(d)(2), 11126(e)(2)(C)(i).) (Agenda 3059, Item EX-6, 3/15/01; Req - Commission)
HEX-2	Conference with Legal Counsel - Applications for Rehearing. A97-12-020, I97-11-026, A94-12-005, I95-02-015 - Disposition of applications for rehearing filed by The Utility Reform Network and James Weil of D00-02-046. This general rate case decision establishes the authorized base electric and gas revenue requirements for Pacific Gas and Electric Company for the 1999 test year. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3052, Item EX-5, 12/7/00; Req - Commission)
HEX-3	Conference with Legal Counsel - Application for Rehearing. C99-07-019 - Disposition of Application for Rehearing filed by Wahrenbrock Capital Management (WCM) of D00-12-028. D00-12-028 dismissed WCM's Complaint with prejudice, finding Sierra Pacific Power Company did not violate General Order 156. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3059, Item EX-4, 3/15/01; Req - Commission)
HEX-4	Conference with Legal Counsel - Applications for Rehearing C99-07-005 - Disposition of applications for rehearing of D00-04-025 filed by Samuel Anderson, PRO Engineering and Oasis Nuclear, Inc. D00-04-025 dismissed applicants' complaint against Pacific Gas and Electric Company for failure to state a claim upon which the Commission should grant relief. Applicants' complaint had alleged violations of General Order 156 and Public Utilities Code Sections 8281 through 8286, provisions governing the Women, Minority, and Disabled Veterans Business Enterprises program. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3041, Item EX-7, 6/22/00; Req - Commission)
HEX-5	Conference with Legal Counsel - Application for Rehearing C99-09-024 - Disposition of the joint application for rehearing of D00-04-004 filed by California Personnel Resources and Clarence A. Hunt, Jr. (Applicants). In this decision, the Commission dismissed the complaint of the Applicants against Pacific Gas and Electric Company. The complaint alleged violations of General Order 156 regarding Women, Minority, and Disabled Veterans Business Enterprises. The complaint was dismissed for failing to state sufficient facts for a viable claim. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3041, Item EX-8, 6/22/00; Req - Commission)
HEX-6	Conference with Legal Counsel - Application for Rehearing. A00-05-031 - Disposition of Applications for Rehearing of D01-04-004 filed by Pacific Gas and Electric Company (PG&E) and North American Power Group (NAPG). In D01-04-004, the Commission denied PG&E's proposed sale of its non-operational Kern Power Plant to NAPG on the ground that ABX 6 prohibits the divestiture of "facilities for the generation of electricity" prior to the year 2006. In this decision, the Commission also ordered PG&E to restart the facility. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3064, Item EX-5, 5/24/01; Req - Commission)
HEX-7	Conference with Legal Counsel - Application for Rehearing R98-07-037 - Disposition of Application for Rehearing of D01-03-073, filed jointly by Pacific Gas and Electric Company, San Diego Gas and Electric Company, Southern California Edison Company, and Southern California Gas Company (Utilities). In D01-03-073, the Commission implemented parts of AB 970 which requires the initiation of certain load control and distributed generation programs, and ordered the funding of such programs on an annual basis through December 31, 2004 without raising electric or gas utility rates. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3066, Item EX-6, 6/28/01; Req - Commission)
HEX-8	Conference with Legal Counsel - Application for Rehearing A00-11-038, A00-11-056, A00-10-028. Disposition of Applications for Rehearing of D01-03-082, filed by Pacific Gas and Electric Company (PG&E); The Utility Reform Network (TURN); Leprino Foods Company (Leprino); and Southern California Edison Company (Edison). In D01-03-82, the Commission granted Edison and PG&E authority to increase rates by adding to their current rates a three-cent per kilowatt-hour (kWh) surcharge in response to the current emergency in the electric industry. The Commission also modified accounting rules that apply to the utilities, in response to a proposal made by TURN. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3066, Item EX-7, 6/28/01; Req - Commission)
HEX-9	Conference with Legal Counsel-Application for Rehearing C99-01-039 - Disposition of the Application for Rehearing filed by Greenlining Institute and Latino Issues Forum of D01-04-037, which denied a complaint regarding tariffing and billing for commercial customers for voicemail services. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3067, Item EX-7, 7/12/01; Req - Commission)
HEX-10	Conference with Legal Counsel - Application for Rehearing R99-11-022 - Disposition of applications for rehearing of D01-03-067 filed by Calpine Corporation, Caithness Energy, Mega Renewables, Mega Hydro I, Central Hydroelectric Corporation, Tracteble Power, Inc. et al, CE Generation, Cogeneration Association of California, California Cogeneration Council, and Independent Energy Producers Association. In D01-03-067 the Commission adjusted the short-run avoided cost formula pursuant to Section 390 of the California Public Utilities Code. The applicants seeking rehearing oppose the formula adjustments which affect the energy payments to be made by Southern California Edison Company, Pacific Gas and Electric Company, and San Diego Gas and Electric Company to Qualifying Facilities under the Federal Public Utility Regulatory Policies Act of 1978. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3067, Item EX-8, 7/12/01; Req - Commission)
HEX-11	Conference with Legal Counsel - Application for Rehearing R99-11-022 - Disposition of applications for rehearing of D01-03-067 filed by Southern California Edison Company (SCE) and Pacific Gas and Electric Company (PG&E). In D01-03-067, the Commission adjusted the short-run avoided cost formula applicable to energy payments to be made by California's electric utilities to Qualifying Facilities (QFs). The Commission also issued specific orders to SCE, PG&E, and San Diego Gas and Electric Company regarding their obligations to make timely payments to the QFs. SCE and PG&E seek rehearing and clarification regarding the payment orders, including the notice of penalties for failure to comply. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3067, Item EX-9, 7/12/01; Agenda 3068; Req - Commission)
HEX-12	Conference with Legal Counsel - Application for Rehearing A00-11-038; A00-11-056; A00-10-028 - Disposition of the application for rehearing of D01-03-009 filed by Pacific Gas and Electric Company. D01-03-009 assures the Department of Water Resources (DWR) that the Commission shall impose rates sufficient for DWR to meet its revenue requirement. PG&E contends that D01-03-009 errs in identifying its holding as a financing order. PG&E further argues that D01-03-009 is arbitrary and capricious, and confiscatory, and violates the Public Utility Regulatory Policies Act (PURPA). (Gov. Code § 1126 (e)(2)(B)(i).) (Agenda 3068, Item EX-7, 8/2/01; Req - Commission)
HEX-13	Conference with Legal Counsel - Applications for Rehearing A00-11-038, A00-11-056; A00-10-028 - Order disposing of applications for rehearing of D01-05-064 filed by the County of Los Angeles; Leprino Foods Company; Federal Executive Agencies; The Utility Reform Network; and Energy Producers and Users Coalition, California Industrial Users, California Large Energy Consumers Association, and California Manufacturers & Technology Association. D01-05-064 adopts rates for various types of customers; applies a rate design to existing electric energy revenue needs for the purchase and supply of electricity by the California Department of Water Resources, Pacific Gas and Electric Company, and Southern California Edison Company; and expedites the allocation among customers of the three-cent-per-kilowatt-hour average rate increase adopted on March 27, 2001. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3068, Item EX-8, 8/2/01; Req - Commission)
HEX-14	Conference With Legal Counsel - Application For Rehearing I98-08-004 - Disposition of Application for Rehearing of D01-04-035 filed by OAN Services, Inc. (OAN). In D01-04-035, the Commission exercised jurisdiction over OAN, a billing agent of Coral Communications, Inc. (Coral), pursuant to Public Utilities Code Sections 2889.9 and 2890. D01-04-035 found that Coral repeatedly violated Public Utilities Code Section 451, which requires that all public utility charges and terms of service be just and reasonable. D01-04-035 also found that OAN was an assignee of Coral and accepted assignments of Coral's accounts receivable and retained some of the funds collected from Coral billings. Because of its status as an assignee of Coral, D01-04-035 found that OAN was subject to all valid defenses and remedies that might be asserted against Coral. The Decision also ordered OAN to disgorge all funds related to its billings for Coral. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3068, Item EX-11, 8/2/01; Req - Commission)
HEX-15	Conference with Legal Counsel - Existing Litigation San Diego Gas & Electric Company v. PUC, Court of Appeal, Fourth Appellate District, Division One, D038064. (Gov. Code § 11126(e)(2)(A).) (Agenda 3068, Item EX-13, 8/2/01; Req - Commission)
HEX-16	Conference with Legal Counsel - Application for Rehearing A99-11-025 - Disposition of the application for rehearing of D01-05-077 filed by the East Bay Regional Park District on June 25, 2001. The decision certified the Final Environmental Impact Report for the Tri-Valley 2002 capacity increase project. (Gov. Code § 11126(e)(2)(B)(i).) (Agenda 3069, Item EX-5, 8/23/01; Req - Commission)

ORDERS

EX-1	Conference with Legal Counsel - Applications for Rehearing Compilation of applications for rehearing recently filed with the Commission. (Gov. Code Sec. 11126(e)(2)(B)(i).)
EX-2	Conference with Legal Counsel - Threatened Litigation Significant exposure to litigation. (Gov. Code Sec. 11126(e)(2)(B).)
EX-3	Conference with Legal Counsel - Initiation of Litigation Consideration of possible Commission initiation of, or intervention in, litigation. (Gov. Code Sec. 11126(e)(2)(C)(i).)
EX-4	Personnel Matters 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 Sec. 11126(a).)
EX-5	Conference with Legal Counsel - Initiation of Enforcement Proceeding. Deliberation on institution of proceeding or disciplinary action against person or persons under the Commission's jurisdiction. (Disclosure of case name would fail to protect the private economic or business reputation of the person or entity if the proceeding or disciplinary action is not commenced.) (Gov. Code §§ 11126(d)(2), 11126(e)(2)(C)(i).)
EX-6	Conference with Legal Counsel - Application for Rehearing R99-11-022 - Disposition of application for partial rehearing of D.01-06-015 filed by Southern California Edison Company (Edison). In D.01-06-015, the Commission: 1) outlined three non-standard contract modifications that, if made prior to July 15, 2001, would be deemed reasonable; 2) ordered Edison to make payments of 15% of all past due amounts owed to those QFs demonstrating that such payments were necessary for continued operation, and; 3) ordered the utilities to submit a report to the Commission on July 31, 2001 identifying the number of QFs seeking contract modifications and the number of QFs seeking back payments, and indicating whether these requests were approved or denied. (Gov. Code § 11126 (e)(2)(B)(i).)
EX-7	Conference with Legal Counsel - Application for Rehearing. A01-06-046 - Disposition of Application for Rehearing of Resolution T-16516 filed by the California Coalition of Agencies Serving the Deaf and Hard of Hearing, Inc. Resolution T-16516 directs the Deaf and Disabled Telecommunications Program Administrative Committee (DDTPAC) to execute a Second Amendment to the Amended Master Agreement for the California Relay Service with MCI/WorldCom, and rejects the proposed Second Amendment executed between the DDTPAC and Sprint. (Government Code § 11126(e)(2)(B)(i))
EX-8	Conference with Legal Counsel - Application for Rehearing. C99-03-070 - Disposition of Application for Rehearing of D.01-06-027 filed by Terril L. Graham (Graham). Graham alleged that Atascadero Mutual Water Company (AMWC) had transmuted itself into a public utility by failing to sell water to its members at cost, i.e., by earning a profit on water sales. In D.01-06-027, the Commission found that AMWC had been delivering water to its members at cost, and thus AMWC was not transformed into a public utility subject to Commission jurisdiction. In his rehearing application, Graham sets forth the following specifications of legal error: (1) the Decision's findings of fact and conclusions of law are not supported by substantial evidence in light of the record; (2) the Decision is not supported by the findings of fact and conclusions of law; and (3) the Decision fails to address discrimination between "qualified customers" of AMWC and other members of AMWC. (Gov. Code § 11126(e)(2)(B)(i).)

FEDERAL ITEMS

FEX-1	Conference with Legal Counsel - Initiation of Litigation Consideration of possible Commission initiation of, or intervention in, federal agency or court proceedings. (Gov. Code Sec. 11126(e)(2)(C)(i).)

SUBSCRIPTION NOTICE FOR AGENDA

AND

DRAFT AGENDA ITEMS

If you wish to subscribe to the agenda, please send your request with a check payable to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one-year subscription to the agenda is $75.

If you wish to receive draft agenda items, please send your request with a check payable to the Public Utilities Commission; Attention: Poly Arca, Room 1003; 505 Van Ness Avenue; San Francisco, CA 94102; or by calling (415) 703-1798. The cost for a one-year subscription to the entire public agenda package (which excludes Executive session materials) is $1000. The cost for energy agenda items only or telecommunication agenda items only is $500 per year. The package you receive via mail will include only those agenda items available at the time of the agenda distribution date, which is usually 10 to 12 days prior to the Commission meeting. If agenda items (including revisions) are not ready on the distribution date, they will be made available at no charge in the lobby outside the Commission Auditorium at 9:00 a.m. on the morning of the Commission meeting, but not earlier. In addition, the Commission will make draft agenda items available for viewing and photocopying (at 20 cents per page) at the Commission's Central Files Office (Room 2002), 505 Van Ness Avenue, San Francisco, and in the Commission offices in Los Angeles, San Diego, and the field office in Sacramento. Since the agenda package will be mailed to these locations, it will be available at these locations a day or two after the distribution date. These locations will not receive agenda items that are not ready on the distribution date.

Those intervenors who have financial hardship determination pending or granted shall be eligible to receive draft agenda item packets at no charge.

Results of Commission Meeting
September 6, 2001 -- Agenda 3070
Commissioners present: Lynch, Duque, Bilas, Wood & Brown
Public Comment: Greg Conlon, H-7, H-7a
	Frank Mazanec, Carlsbad, CA H-7, H-7a
	Laura Thomas, Tustin, CA H-7, H-7a
Note: This meeting has been continued to Thursday, September 13, 2001 at 2:00 p.m.
Items to be considered are indicated below.
(Decision numbers have been issued but processing the decisions for mailing may take up to 10 days.)
Item #	Proceeding # or Resolution #	Decision #	Action Taken	Comments
CAs
CA-1	Res TL-18975		Withdrawn
CA-2	Res ALJ-176-3070		Approved 5-0
CA-3	A.00-10-049		Held 9/20
CA-4	Res T-16570		Approved
CA-5	Res T-16491		Held 9/20
CA-6	R98-09-005		Held 9/20
CA-7	Res T-16566		Approved
CA-8	A00-09-010	D01-09-003	Signed 5-0
CA-9	A01-05-013	D01-09-004	Signed 5-0
CA-10	A01-05-069	D01-09-005	Signed 5-0
CA-11	A01-05-011	D01-09-006	Signed 5-0
CA-12	A01-05-054	D01-09-007	Signed 5-0
CA-13	A01-05-005 etal	D01-09-008	Signed 5-0
CA-14	A00-06-006		Held 10/11
CA-15	A01-03-014	D01-09-009	Signed 5-0
CA-16	C00-09-025	D01-09-010	Signed 5-0
CA-17	Res T-16567		Approved
CA-18	Res T-16568		Approved
CA-19	Res W-4296		Held 10/11
CA-20	R97-08-001 etal	D01-09-011	Signed 5-0
CA-21	C97-09-032		Held 9/20
CA-22	A00-09-052		Held 9/20
CA-23	Res W-4281		Held 10/11
CA-24	Res W-4278		Held 10/25
CA-25	Res W-4293		Approved
CA-26	R98-07-037	D01-09-012	Signed 5-0
HELD
H-1	A89-03-026		Held 10/11
H-2	C98-06-016		Held 10/11
H-2a	C98-06-016 Alt Order		Held 10/11
Item #	Proceeding # or Resolution #	Decision #	Action Taken	Comments
H-3	I97-07-018		Withdrawn
H-3a	I97-07-018 Alt Order		Withdrawn
H-4	C98-04-004 etal		Held 9/20
H-4a	C98-04-004 etal Comr Duque's Order re H-4		Held 9/20
H-4b	C98-04-004 etal Comr Bilas' Order re H-4a		Held 9/20
H-4c	C98-04-004 etal Comr Wood's Order re H-4		Held 9/20
H-4d	C98-04-004 etal Comr Brown's Order re H-4c		Held 9/20
H-5	A00-11-038 etal		Cont to 9/13
H-6	A00-10-045 etal		Cont to 9/13
H-7	A98-07-003 etal		Cont to 9/13
H-7a	A98-07-003 etal Alt Order		Cont to 9/13
H-8	A01-06-039	D01-09-013	Signed 3-2	Comrs Duque & Bilas dissented
H-9	A01-06-044	D01-09-014	Signed 3-2	Comrs Duque & Bilas dissented
H-10	A00-11-038 etal	D01-09-015	Signed 3-2	Comrs Duque & Bilas dissented
H-11	R________/I_______	R.01-09-001& I.01-09-002	Signed 5-0	Comr. Duque will file concurrence
H-12	A01-06-020	D01-09-016	Signed 5-0
H-12a	A01-06-020 Alt Order		Withdrawn
H-13	A01-02-026		Cont to 9/13
H-14	A99-11-027		Held 9/20
H-15	I99-04-020 etal		Withdrawn
H-15a	I99-04-020 etal Alt Order	D01-09-017	Signed 5-0
H-16	A00-11-038 etal		Cont to 9/13
H-17	A00-11-038 etal		Cont to 9/13
H-18	I______________		Held 9/20
H-19	A00-02-039	D01-09-018	Signed 5-0
H-20	A00-11-038 etal		Cont to 9/13
H-21	I99-07-003		Held 9/20
ORDERS
1	R01-06-023	D01-09-019	Signed 5-0
2	A00-05-015 etal		Held 9/20
3	R00-10-002	D01-09-020	Signed 5-0
4	Moved to Item CA-26
Item #	Proceeding # or Resolution #	Decision #	Action Taken	Comments
5	A00-11-038 et al	D01-09-021	Signed 5-0
ENERGY
E-1	Res E-3737		Held 9/20
E-2	Res G-3323		Held 9/20
E-3	Res E-3756		Held 9/20
TELCO
C-1	Res T-16388		Held 9/20
LEGAL
HLEG-1	AB 1		Withdrawn
HLEG-2	AB 69		Withdrawn
HLEG-3	AB 1234		Withdrawn
HLEG-4	AB 1235		Withdrawn
HLEG-5	AB 1248		Withdrawn
HLEG-6	AB 1325		Withdrawn
HLEG-7	AB 1477		Withdrawn
HLEG-8	AB 1723		Withdrawn
HLEG-9	SB 201		Withdrawn
EXEC
HEX-1	I______________		Withdrawn
HEX-2	A97-12-020 etal		Held 9/20
HEX-3	C99-07-019	D01-09-022	Signed 3-2	Comrs Duque & Bilas dissented
HEX-4	C99-07-005	D01-09-023	Signed 3-2	Comrs Duque & Bilas dissented
HEX-5	C99-09-024	D01-09-024	Signed 3-2	Comrs Duque & Bilas dissented
HEX-6	A00-05-031		Held 9/20
HEX-7	R98-07-037		Held 9/20
HEX-8	A00-11-038 etal		Held 9/20
HEX-9	C99-01-039		Held 9/20
HEX-10	R99-11-022		Held 9/20
HEX-11	R99-11-022		Held 9/20
HEX-12	A00-11-038 etal		Held 9/20
HEX-13	A00-11-038 etal	D01-09-025	Signed 5-0
HEX-14	I98-08-004		Held 9/20
HEX-15	D038064		Held 9/20
HEX-16	A99-11-025	D01-09-026	Signed 5-0
EX-5	I_____________		Held 9/20
EX-6	R99-11-022	D01-09-027	Signed 5-0
Item #	Proceeding # or Resolution #	Decision #	Action Taken	Comments
EX-7	A01-06-046	D01-09-028	Signed 5-0
EX-8	C99-03-070	D01-09-029	Signed 5-0