STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

November 9, 2000

TO:  PARTIES OF RECORD IN APPLICATION 00-02-014

RE:  Agenda Item 3 for the Commission Meeting of November 21, 2000, and Agenda Item 5 for the Commission Meeting of December 7, 2000.

The original draft decision in this matter was mailed to the parties on November 7, 2000, and placed on the Agenda for the Commission's meeting of December 7, 2000, as Item 5. Pursuant to Article 19 of the Commission's Rules, the deadline for parties to submit comments on Item 5 was November 27, 2000.

Upon the stipulation of the parties, the 30-day period for public review and comment on the draft decision has been reduced pursuant to Pub. Util. Code § 311(g)(2). More specifically, the deadline for parties to submit comments has been shortened from November 27 to November 15, 2000, to enable the Commission to consider the draft decision at its meeting of November 21, 2000. Accordingly, the draft decision is now Agenda Item 3 for the Commission's meeting of November 21, 2000. Enclosed for your information is a copy of Agenda Item 3.

/s/ LYNN T. CAREW

Lynn T. Carew, Chief

Administrative Law Judge

LTC:abw

Attachment

ALJ/TIM/abw DRAFT Item 3

11/21/2000

Decision __________

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Joint Application of NetMoves Corporation (U-5242-C), Certain Shareholders of NetMoves Corporation, and Mail.com Inc., for Approval of an Agreement and Plan of Merger and Related Transactions.

Application 00-02-014 (Filed on February 10, 2000; amended on April 14, 2000)

O P I N I O N

1. Summary

This decision grants Application (A.) 00-02-014 to the extent the application requests perspective authority under Pub. Util. Code § 854¹ for Mail.com, Inc. (Mail.com) to acquire NetMoves Corporation (NetMoves). This decision denies A.00-02-014 to the extent the application requests retroactive authority for the acquisition. Finally, this decision requires Mail.com and NetMoves to pay a fine of $5,000.00 for their failure to comply with § 854.