STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

August 25, 2003

TO: ALL PARTIES OF RECORD IN PETITION 02-12-039 AND
RULEMAKING 03-08-019

Petition 02-12-039 and Rulemaking 03-08-019 is being mailed without the Concurrence of Commissioner Lynch. The Concurrence will be mailed separately.

Very truly yours,

/s/ ANGELA K. MINKIN

Angela K. Minkin, Chief

Administrative Law Judge

ANG:sid

Attachment

ALJ/KAJ/sid Mailed 8/25/2003

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Petition of The Greenlining Institute and Latino Issues Forum for a Commission Order Instituting Rulemaking to Amend General Order Number 77-K and to Adopt a Regulation Requiring Regulated Utilities and Their Holding Companies to Annually Disclose Their Diversity, Executive Compensation And Philanthropic Contributions Pursuant to California Public Utilities Code Section 1708.5.	Petition 02-12-039 (Filed December 27, 2002)
Order Instituting Rulemaking on the Commission's Own Motion to Amend General Order 77-K.	FILED PUBLIC UTILITIES COMMISSION AUGUST 21, 2003 SAN FRANCISCO OFFICE RULEMAKING 03-08-019

DECISION GRANTING, IN PART, PETITION OF THE GREENLINING INSTITUTE AND LATINO ISSUES FORUM AND ORDER INITIATING RULEMAKING TO AMEND GENERAL ORDER 77-K

Summary

This decision grants the Greenlining Institute/Latino Issues Forum's (Greenlining/LIF) petition for rulemaking to amend General Order 77-K (GO 77-K) to increase the compensation levels that trigger reporting under GO 77-K for utilities with operating revenues of $1 billion. We deny other aspects of Greenliing/LIF's petition because the general order already requires utilities to disclose compensation of employees, and Greenlining/LIF's request duplicates information available from other sources. Also, the information on the diversity of top executives requested by Greenlining/LIF goes beyond the Commission's stated purpose in GO 77-K, namely to assist the Commission in setting rates, and the General Order already requires utilities to provide information on dues and donations, and Greenlining/LIF does not explain why additional data would be useful.

In addition, we propose to exempt Competitive Local Exchange Carriers (CLECs) and Nondominant Interexchange Carriers (NDIECs) from the provisions of GO 77-K.