Public Agenda 3137

Thursday, August 19, 2004 10:00 a.m.

San Francisco, California

Michael R. Peevey, President

Geoffrey F. Brown

Susan P. Kennedy

Loretta M. Lynch

Carl W. Wood

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, August 30, 2004 (San

Francisco)

Thursday, August 19, 2004 (San

Francisco)

Thursday, September 02, 2004 (San

Francisco)

Monday, September 20, 2004 (San

Francisco)

Thursday, September 23, 2004 (San

Francisco)

Monday, October 04, 2004 (San

Francisco)

Thursday, October 07, 2004 (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:

?#09;All items on the closed session agenda.

?#09;11, 39, 48, 82

1

[3573]

Resolution approving issuance of charter-party carrier certificates pursuant to Section 5374(b) of the

Public Utilities Code.

2

[3574]

Ratification of preliminary determination 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.

3 (Rev.)

[3552]

R02-06-041 - Order Instituting Rulemaking to require California natural gas and electric

utilities to preserve interstate pipeline capacity to California.

This decision grants in part and denies in part the motion to accept a late-filed notice of intent (NOI) to

claim compensation by The Utility Reform Network (TURN). This decision denies TURN's

concurrent request for an award of $32,810.41 related to D04-01-047 because TURN did not timely

file its NOI, and its motion comes after the proceeding was closed and more than 17 months after the

due date for the NOI. However, the decision grants compensation in the amount of $12,846.25 for

TURN's work that made a substantial contribution to D02-07-037 and D03-04-061 because no

prehearing conference was held relating to the issues addressed in these decisions. This proceeding is

closed.

(Comr Lynch - ALJ Brown)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.

Agenda 3135, Item 9 6/9/2004 (Staff);

Agenda 3136, Item 4 7/8/2004 (Kennedy)

4 (Rev.)

[3591]

R02-10-001 - Order Instituting Rulemaking on the establishment of a public purpose

program surcharge pursuant to Assembly Bill (AB) 1002.

This decision implements Assembly Bill 1002, establishing a natural gas surcharge to fund public

purpose programs.  This decision addresses matters including customer exemptions, formulas for

calculating surcharge rates, accrual of interest on surcharge revenues, and accounting matters.  The

decision approves, subject to modifications, Pacific Gas and Electric Company’s Advice Letter

2440-G, identifying surcharge balancing accounts. This decision also initiates a public interest research

and development (R&D) program for gas that appoints the California Energy Commission as

administrator, establishes criteria for R&D projects, and sets R&D funding at an initial amount of $12

million for 2004, with the potential for R&D budget increases in later years.  This proceeding is closed.

(Comr Lynch - ALJ DeBerry)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.

5

[3593]

I00-08-002 - Order Instituting Investigation into the functioning of the wholesale electric

market and associated impact on retail rates.

This decision closes this proceeding.

(Comr Wood - ALJ Wetzell)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

6

[3651]

This decision grants Applicant a certificate of public convenience and necessity to provide resold and

limited facilities-based local exchange telecommunications services within California. This proceeding is

closed.

(Comr Kennedy - ALJ Galvin)

7

[3663]

This decision authorizes Cal Water to issue $250 million of common shares, preferred shares or debt

securities. Debt issues of $20 million or less are exempted from the Competitive Bidding Rule. This

proceeding is closed.

(Exam Jackson)

8

[3698]

This resolution authorizes designated employees of the Consumer Protection and Safety Division to

exercise the powers of arrest of a peace officer and the power to serve warrants pursuant to Penal

Code ?30.11 and Public Utilities Code ?08.5.

9

[3713]

This order authorizes PacifiCorp to sell and transfer its interest in the Skookumchuck dam in the State

of Washington to a subsidiary of TransAlta Corporation (TransAlta).  The sole purpose of the

Skookumchuck dam is to meet cooling water requirements of the nearby Centralia Steam Electric

Generating Plant (Centralia Power Plant), which with Commission approval was purchased four years

ago by a subsidiary of TransAlta.  The Centralia Power Plant serves customers in the State of

Washington.  Energy customers of PacifiCorp in California (representing about 2% of PacifiCorp’s

business) are expected to benefit from the sale in that income from the dam operations is minimal and

the application forecasts a $200,000 reduction in California revenue requirements.  PacifiCorp will

receive its net book value of the assets being transferred, with no appreciable gain or loss.  This

proceeding is closed.

(Comr Kennedy - ALJ Walker)

10

[3716]

A02-04-038, A02-04-039, A02-04-040 - Related matters.   This decision authorizes the City of

Bakersfield to construct at-grade railroad crossings over the tracks of the Union Pacific Railroad at

Akers Road, Harris Road, Mountain Vista Drive, and Old River Road. A02-04-037, A02-04-038,

A02-04-039, and A02-04-040 are closed.

(Comr Peevey - ALJ Koss)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

11

[3717]

I99-10-024 - Investigation of USP&C to determine whether it has violated Public Utilities

Code Section 2889.9 by failing to provide Commission staff with requested information and

whether the Commission should order California telephone companies to cease providing

billing and collection services to USP&C.

This decision finds that no further Commission proceedings are required against respondents at this

time.  This proceeding is closed.

(Comr Brown - ALJ Bushey)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Adjudicatory.

12

[3719]

This resolution approves SBC's request to revise its Schedule Cal. P.U.C. No.A-8, to grandfather

Intra-Building Network Cable Service Agreements due to the transitioning to a new billing system that

will be unable to support annual mailings and tracking of this service. (Advice Letter 25024, filed May

24, 2004)

13

[3720]

This decision grants the City of Sacramento's request to construct an overhead grade separation of the

Union Pacific Railroad track at Main Avenue in the City and County of Sacramento.  This proceeding

is closed.

(Exam Clark)

14

[3721]

This resolution grants the application of INFO LINE to use the 2-1-1 dialing code for health and

human services information and referral service in San Diego County.

15

[3723]

This decision dismisses the unopposed application of PG&E for authority to sublease available land

under Pub. Util. Code ?51.  The decision deems the arrangement between PG&E and Fisher Nickel,

Inc. for Fisher Nickel, Inc. to occupy the Food Service Technology Center, from September 2002

through February 26, 2004, to be a license authorized by General Order 69-C.  This proceeding is

closed.

(Comr Kennedy - ALJ Econome)

16

[3725]

This decision grants Applicant  a certificate of public convenience and necessity to provide limited

facilities-based and resold local exchange and limited facilities-based interexchange telecommunications

services.  Applicant was previously authorized to resell interexchange services.  This proceeding is

closed.

(Comr Kennedy - ALJ O'Donnell)

17

[3726]

This decision grants authority pursuant to Pub. Util. Code ?54(a) for SureWest Communications, the

parent company of SureWest Telephone, to change its state of incorporation from California to

Delaware.  This proceeding is closed.

(Comr Kennedy - ALJ Kenney)

18

[3727]

This decision finds SDG&E's administration of power purchase agreements and procurement of

least-cost dispatch power activities for the period beginning January 1, 2003 and ending September

30, 2003 were reasonable and prudent.  The decision also finds SDG&E's $83.3 million energy

resource recovery account and overcollected balance at September 30, 2003 was reasonable and

prudent. This proceeding is closed.

(Comr Peevey - ALJ Galvin)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

19

[3728]

This decision grants prospective authority pursuant to Pub. Util. Code Section 854(a) for the transfer

of control described in A02-11-027.  The request for retroactive authority is denied.  This decision

also orders Comm South Companies, Inc. to pay a fine of $5,000 for violating Section 854.  Finally,

this decision orders an affiliate of the Applicants to submit a compliance filing that discloses whether the

affiliate discontinued service in California without Commission authorization.

(Comr Brown - ALJ Kenney)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

20

[3729]

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

efficiency policies, administration, and programs.

R01-10-024 - Related matters.   This order denies a petition to modify D03-12-060 and

D04-02-059 filed on March 25, 2004, by Pacific Gas and Electric Company (PG&E) in the

Commission's energy efficiency docket, R01-08-028.  It also denies a substantively identical petition

to modify D03-12-062 filed on March 25, 2004, by PG&E in the Commission's electricity

procurement rulemaking, R01-10-024.

(Comr Kennedy, Comr Peevey - ALJ Malcolm, ALJ Walwyn)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.

21

[3731]

This resolution directs Verizon to file an application to request clarification of Finding of Fact (FOF) 3

in D96-10-037 and FOF 15 in D02-10-040 as to whether developers making contributions in aid of

construction are entitled to refunds of over-collected federal taxes they paid to telecommunications

utilities calculated pursuant to "Method 5" for the period from September 12, 2001 to September 11,

2003.  (Advice Letter 10584, filed August 12, 2003)

22

[3735]

This resolution approves Comcast's request to withdraw basic telephone service in the Mission Hub

facility located in the Southeast section of San Francisco, California. (Advice Letter 81, filed May 19,

2004)

23

[3736]

For approval of its updated Water Management Program as ordered in Commission Resolution

W-4154 dated August 5, 1999.   This decision awards The Angeles Chapter of Sierra Club

$4,074.18 for its contribution to D01-11-048 and D03-10-063.  This proceeding is closed.

(Comr Brown - ALJ Patrick)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

24

[3737]

This decision approves with modifications SCE's petition to modify Resolution E-3843. This

proceeding is closed.

(Exam Clanon)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

25

[3739]

This decision awards the Greenlining Institute $31,450.44 in compensation for its substantial

contribution to P02-10-035 and D03-11-024. This proceeding is closed.

(Comr Peevey - ALJ Econome)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.

26

[3740]

This decision grants Applicant a certificate of public convenience and necessity to provide resold local

exchange telecommunications services within California.  This proceeding is closed.

(Comr Kennedy - ALJ Galvin)

27

[3741]

This decision modifies D03-07-013 to permit SJW to issue a letter of credit in lieu of a security interest

in its assets to the Department of Water Resources to support a $2,477,000 Safe Drinking Water

State Revolving Fund loan contract. This proceeding is closed.

(Comr Lynch - ALJ Galvin)

28

[3742]

I01-12-008 - Investigation into the operations and practices of companies affiliated with

Enron Corporation, relating to the filing for Chapter 11 bankruptcy of Enron Corp. and its

affiliated entities.

This decision finds that because the Commission has canceled the registrations of all Enron Energy

Service Providers and because billing disputes for direct access customers have been addressed in

other forums, this proceeding should be closed.  Issues concerning market manipulation and financial

improprieties were not part of this investigation. This investigation is closed.

(Comr Wood - ALJ Barnett)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

29

[3747]

IP Communications Corporation requests revocation of its certificate of public convenience and

necessity. This request was accomplished in a separate Commission resolution. This decision closes

the application as moot.

(Exam Leutza)

30

[3752]

This resolution grants the application of VCRC to use the 2-1-1 dialing code for health and human

services information and referral service in Riverside County.

31 (Rev.)

[3753]

I02-04-026 - Order Instituting Investigation into the ratemaking implications for Pacific Gas

and Electric Company (PG&E) pursuant to the Commission’s Alternative Plan for

Reorganization under Chapter 11 of the Bankruptcy Code for PG&E, in the United States

Bankruptcy Court, Northern District of California, San Francisco Division, In re Pacific Gas

and Electric Company, Case No. 01-30923 DM.

This decision awards compensation for substantial contributions to D03-12-035 to the following

intervenors:  Aglet Consumer Alliance in the amount of $126,971.34; California Hydropower Reform

Coalition $255,971.28; Consumers Union of U.S., Inc. $33,465.40; Greenlining Institute $97,230.37;

and The Utility Reform Network in the amount of $866,884.22.

(Comr Peevey - ALJ Cooke)

32

[3754]

This resolution approves an Interconnection Agreement between SBC and California RSA No. 3

Limited Partnership, dba Golden State Cellular, in accordance with the provisions of General Order

96-A and Resolution ALJ-181. (Advice Letter 25089, filed June 10, 2004)

33

[3755]

This resolution approves an Interconnection Agreement between SBC and Trans National

Communications International, Inc. in accordance with the provisions of General Order 96-A and

Resolution ALJ-181. (Advice Letter 25096, filed June 14, 2004)

34

[3756]

This resolution approves an Interconnection Agreement between Verizon and Think 12 Corporation,

dba Hello Depot, in accordance with the provisions of General Order 96-A and Resolution ALJ-181.

(Advice Letter 10875, filed May 26, 2004)

35

[3758]

This decision grants the request of the Department of Public Works, County of Placer to construct a

grade-separated highway-rail crossing, Bickford Ranch Road, using the overburden of Union Pacific

Railroad Company's Clark Tunnel in Placer County. This proceeding is closed.

(Exam Clark)

36

[3759]

This decision grants the request of City of Long Beach to construct an at-grade pedestrian-rail crossing

on Long Beach Boulevard at 12th Street across the northbound and southbound light rail transit tracks

of Los Angeles County Metropolitan Transportation Authority's Los Angeles to Long Beach Metro

Blue Line in Long Beach, Los Angeles County.  This proceeding is closed.

(Exam Clark)

37

[3760]

This decision grants SDG&E's application for authority to enter into a new electric resource contract

with San Diego County Water Authority and adopt proposed cost recovery and ratemaking

mechanism. This proceeding is closed.

(Comr Peevey - ALJ Brown)

38

[3761]

This resolution authorizes LBWC a surcharge to recover an increase in water testing costs producing

an increase in annual revenue of $5,515 or 1.49%.  (Advice Letter 43, filed July 2, 2004)

39

[3762]

I03-10-038 - Investigation on the Commission’s own motion into the operations and practices

of the Conlin-Strawberry Water Co. Inc., and its owner/operator, Danny T. Conlin; Notice of

Opportunity for Hearing; and Order to Show Cause why the Commission should not petition

the Superior Court for a receiver to assume possession and operation of the

Conlin-Strawberry Water Co. Inc. pursuant to the California Public Utilities Code Section

855.

This decision extends the 12-month statutory deadline pursuant to Public Utilities Code Section

1701.2(d) until further order.

(Comr Brown - ALJ Thorson)

40

[3763]

This decision grants an extension of the City of Roseville's stationary horn warning system at Yosemite

Street and Tiger Way, until the Federal Train Horn Rule goes into effect, in the City of Roseville,

Placer County. This proceeding is closed.

(Exam Clark)

41

[3765]

PG&E seeks to change the terms of its sole-customer facilities sales contract to improve the

protections to PG&E and ratepayers and reduce costs.  The Petition is granted.  This proceeding is

closed.

(Comr Kennedy - ALJ Barnett)

42

[3766]

This resolution authorizes Toro to add a surcharge to recover an increase in water testing costs

producing an increase in annual revenue of $7,572 or 2.38%. (Advice Letter 55, filed May 13, 2004)

43

[3768]

This decision approves a settlement resolving litigation between Edison and Inland Paperboard and

Packaging, Inc. (Inland). The settlement reflects a fair compromise of contentious litigation between

Edison and Inland.  This proceeding is closed.

(Comr Peevey - ALJ DeBerry)

44

[3772]

This decision authorizes Applicant to operate as an on-call passenger stage corporation between

points in Orange County and John Wayne Airport. This proceeding is closed.

(Exam Clark)

45

[3773]

This decision authorizes Applicant to extend its vessel common carrier service to include the

transportation of passengers and their baggage between the mainland point of Marina del Rey and

Two Harbors on Santa Catalina Island, and between Two Harbors and the City of Avalon, also on

Santa Catalina Island. This proceeding is closed.

(Exam Clark)

46

[3774]

This decision authorizes Rajinder Randhawa to transfer his passenger stage corporation certificate to

Monika Latigue. This proceeding is closed.

(Exam Clark)

47

[3775]

This resolution recognizes Dean J. Evans as the state court-appointed receiver of ALCO Water

Service's system.

48

[3776]

(ECP) C04-04-013 - Ronald E. and Linda L. Scarberry  (Complainants) vs. Pacific Gas and

Electric Company (PG&E).

The Commission denies the request of Complainants, that PG&E be ordered to underground its

overhead electric facilities that were relocated as part of a street widening project.  If undergrounding

is desired, then an underground district should be created pursuant to PG&E's Electric Tariff Rule 20 -

Replacement of Overhead with Underground Electric Facilities.  This proceeding is closed.

(Comr Brown - ALJ Patrick)

49

[3777]

This decision grants Applicant a certificate of public convenience and necessity for authority to provide

limited facilities-based and resold local exchange and interexchange telecommunications services.  This

proceeding is closed.

(Comr Kennedy - ALJ Prestidge)

50

[3778]

This resolution authorizes GOWC an increase in annual revenue of $404,184 or 3.75% to offset an

increase in pump tax. (Advice Letter 162-W, filed June 1, 2004)

51

[3780]

This resolution approves Cox's request to withdraw basic telephone service in the Laguna Hills facility

located at 25212 Stockport Drive, California.  (Advice Letter 199, filed July 16, 2004)

52

[3781]

This resolution authorizes Cal Water a 6-month extension of time, requested on behalf of customer

Joseph Farais, to submit a building permit to retain his water service connection in Cal Water's Coast

Springs Water System.  (Advice Letter 1673, filed June 18, 2004)

53

[3782]

This resolution grants CCWC the authority to impose a surcharge to repay a $12,000 short-term loan,

the proceeds of which will be used to complete and bring into operation an additional well authorized

by Resolution W-4118.  (Advice Letter 15, filed July 14, 2004)

54

[3783]

This resolution authorizes Alco Water Service, Salinas District to add a surcharge to recover an

increase in water testing costs producing an increase in annual revenue of $67,479.13 or 1.76%.

(Advice Letter 97, filed May 4, 2004)

55

[3787]

This decision grants DOWC the authority to borrow up to $100,000 for improvements in its Country

Estates District. The authority to recover costs at this time through a rate base offset is denied without

prejudice. This proceeding is closed.

(Exam Jackson)

56

[3788]

R02-01-011 - Order Instituting Rulemaking regarding the implementation of the suspension

of direct access pursuant to Assembly Bill 1X and Decision 01-09-060.

This decision grants the Petition to Modify D03-05-034 filed by SBC Services, Inc. on February 5,

2004.  As requested, the modifications provide express directives for refunds to "continuous" Direct

Access (DA) customers who paid a DA surcharge prior to December 4, 2003.

(Comr Brown, Comr Wood - ALJ Pulsifer)

57

[3791]

This decision grants PG&E’s petition for modification of D02-10-019 to delete Ordering Paragraph

15 relieving PG&E of the obligation to file a 2002 revenue adjustment proceeding.

(Comr Brown - ALJ DeBerry)

58

[3792]

R93-04-003 - Rulemaking on the Commission's own motion to govern open access to

bottleneck services and establish a framework for network architecture development of

dominant carrier networks.

I93-04-002, R95-04-043, I95-04-044 - Related matters. This decision awards the Greenlining

Institute $54,516.47 for its contribution to D02-12-081.

(Comr Brown - ALJ Reed)

59

[3795]

This resolution authorizes SRWC to secure a loan in the amount of $150,000 to be used for tank

improvement.  (Advice Letter (AL) 67, filed March 19, 2004 and AL 67-A, filed July 1, 2004)

60

[3799]

R01-10-024 - Order Instituting Rulemaking to establish policies and cost recovery

mechanisms for generation procurement and renewable resource development.

This decision awards intervenor compensation to The Utility Reform Network (TURN) and The

Natural Resources Defense Council (NRDC) for their work in the electric procurement proceeding.

The decision awards $285,191 in compensation to TURN for its contribution to D04-01-050,

D03-12-065, D03-12-062, D03-10-058, Resolutions E-3814, E-3853 and participation in utility

procurement review groups (PRGs) and $37,065 to NRDC for its contribution to D04-01-050,

D03-12-062, D03-06-71, D03-06-067, D02-10-062 and its participation in PRGs.

(Comr Peevey - ALJ Walwyn)

61

[3805]

This decision grants MGC, receiver appointed by the court, authority to transfer the Curtis Water

Company system to the County of Kings pursuant to Public Utilities Code Section 851.  This

proceeding is closed.

(Exam Jackson)

62

[3807]

This decision grants Applicant authority to provide resold local exchange and interexchange

telecommunications services. This proceeding is closed.

(Comr Kennedy - ALJ Prestidge)

63 (Rev.)

[3809]

R ___________ - Order Instituting Rulemaking on the Commission's own motion to develop

rules and procedures to preserve the public interest integrity of government financed

funding, including loans and grants, provided to investor-owned water utilities.

64

[3366]

This decision concludes the reasonableness review of PG&E’s Safety and Reliability Enhancement

Funds Balancing Account. It allows PG&E to recover a portion of the charges as provided by Pub.

Util. Code ?68(e).  This proceeding is closed.

(Comr Kennedy - ALJ Long)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

Agenda 3132, Item 42 4/22/2004 (Kennedy);

Agenda 3133, Item 40 5/6/2004 (Kennedy);

Agenda 3136, Item 49 7/8/2004 (Brown)

64a

[3806]

This decision resolves Pacific Gas & Electric Company's (PG&E) System Safety and Reliability

Balancing Account.  Pursuant to the provisions of Public Utilities Code Section 368, which was added

to the Code by AB 1890, the electric industry deregulation bill, PG&E was allowed an increase in

base revenues equal to the consumer price index plus 2% for the years 1997 and 1998.  The

additional funds thus acquired were to be spent recovering costs incurred from enhancement of system

safety and reliability.  The Commission approved PG&E's cost recovery plan in 1996 and laid out in

detail the steps PG&E was required to follow in recording the costs in D96-12-077 and D98-12-094.

PG&E seeks approval for approximately $120 million in costs incurred pursuant to Section 368 and

our prior decisions.  The Office of Ratepayer Advocates (ORA) and The Utility Reform Network

(TURN) have filed objections. This decision allows most costs sought by PG&E.  The decision

disallows applications for automated meter readers and meter reader trucks as too remote and

insignificant in their effects on system safety and reliability. The decision also orders PG&E to file a

Catastrophic Event Memorandum Account application to seek recovery of approximately $29 million

in storm and flood-related costs included in this application. This proceeding is closed.

(Comr Brown)

65

[3431]

For authority, among other things, to increase revenue requirements for electric and gas service and to

increase rates and charges to gas service effective on January 1, 2003.  I03-01-012, A02-09-005 -

Related matters. This interim decision addresses Storm and Reliability issues raised in PG&E's Test

Year 2003 General Rate Case.

(Comr Peevey - ALJ Halligan)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

Agenda 3133, Item 42 5/6/2004 (Wood);

Agenda 3134, Item 37 5/27/2004 (Wood);

Agenda 3136, Item 50 7/8/2004 (Brown)

65a

[3697]

This alternate differs from the proposed decision in only one respect. It approves, with modifications,

the Joint Proposal by PG&E/CUE for a reliability performance incentive mechanism.

(Comr Wood)

66

[3631]

For authority to lower and adjust retail electric rates for all customer classes upon completion of full

recovery of procurement related obligations account.   Visalia Senior Housing dba Town Meadows

(Petitioner) seeks modification of D03-07-029, SCE’s most recent rate allocation decision on the

ground that although it received its California Alternate Rates for Energy Program (CARE) discount, its

rates increased.  No other customers receiving the CARE discount had a rate increase.  Held:  Petition

denied without prejudice.  Petitioner should present its issue in the current SCE rate allocation

proceeding.  This proceeding is closed.

(Comr Brown - ALJ Barnett)

66a

[3802]

This alternate decision adopts Visalia's request, and corrects the unintended consequence of the

Procurement Related Obligations Account settlement decision (D03-07-029), which resulted in

increased rates for low-income group living facilities that qualified for the CARE rate.

(Comr Lynch)

67

[3645]

This decision grants a CPCN for PG&E’s 230 kV Jefferson-Martin transmission project. The

authorized route is a hybrid combination of the underground Route Option 1B, a portion of PG&E’s

proposed above ground segment, and PG&E’s proposed underground segment with Route Option

4B, subject to alteration of the northern segment based on additional environmental review. This

proceeding is closed.

(Comr Lynch - ALJ TerKeurst)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

67a

[3667]

This alternate differs from the proposed decision in that it limits consideration of alternate transmission

routes to routes that already have been reviewed in the Final Environmental Impact Report.  In

addition, the alternate decision accepts the current Commission policy regarding Electric Magnetic

Fields.

(Comr Peevey)

68

[3699]

R _________ - Order Instituting Rulemaking to update the Commission’s policies and

procedures related to electromagnetic fields emanating from regulated utility facilities.

The Commission’s current policies and procedures in this area predate research findings recently

submitted to the Commission by the California Department of Health Services as well as a decision of

the California Supreme Court concerning the extent of the Commission’s jurisdiction related to

electromagnetic field issues.  This proceeding will reconsider the Commission’s policies and

procedures in light of these events and in light of the utilities?experiences in implementing existing

policy.

68a

[3820]

This alternate evaluates the results of the Commission's current "low-cost/no-cost" mitigation policy

and the needs for modification.

(Comr Peevey)

69

[3724]

This decision grants prospective authority under Section 851 of Pub. Util. Code for the lease

agreement between PG&E and Crockett Generation.  PG&E’s request for retroactive authority is

denied. This proceeding is closed.

(Comr Lynch - ALJ Kenney)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

70

[3732]

A01-06-043 - Related matters. This decision approves a proposal for resolving these

order-to-show-cause (OSC) proceedings set forth in PG&E's February 13, 2004 motion.  Under the

proposal, the Commission would close these dockets and PG&E would pay the Commission

$55,000.  The decision concludes that in light of the changes PG&E has made since issuance of the

OSCs to its internal procedures for reviewing requests for leases and other matters arising under Pub.

Util. Code ?51 and General Order 69-C, and the Commission’s acceptance of a similar proposal in

D02-04-018, PG&E’s proposal should be adopted.  These proceedings are closed.

(Comr Lynch - ALJ McKenzie)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

71

[3743]

R04-01-025 - Order Instituting Rulemaking to establish policies and rules to ensure reliable,

long-term supplies of natural gas to California.

This decision addresses the Phase I proposals of Southern California Gas Company, San Diego Gas

& Electric Company, Pacific Gas and Electric Company, and Southwest Gas Company.  These

proposals were filed in accordance with this Order Instituting Rulemaking and address interstate

pipeline capacity contracts, liquefied natural gas access, and interstate pipeline access.

(Comr Kennedy, Comr Peevey - ALJ Fukutome, ALJ Wong)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.

72

[3745]

A00-11-056, A00-10-028 - Related matters.  This decision adopts a cost allocation methodology

that will be applied to the revenue requirement of the California Department of Water Resources for its

power purchases in 2004 and beyond.

(Comr Brown, Comr Lynch - ALJ Allen)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

72a

[3746]

A00-11-056, A00-10-028 - Related matters. This alternate decision adopts the same allocation

methodology as the Proposed Decision. Department of Water Resources'  revenue requirement is the

same in this alternate as in the Proposed Decision.  The alternate decision departs from ALJ Allen's

draft decision by describing the $290 million in excess monies the Energy Division has identified DWR

would overcollect given its current revenue requirement.

(Comr Lynch)

72b

[3803]

A00-11-056, A00-10-028 - Related matters. This alternate bifurcates the allocation to the utilities of

DWR's 2004 supplemental revenue requirement from the question of a permanent allocation of all

DWR power charges. In this alternate, we continue the 2004 interim allocation, and will consider the

permanent allocation of the DWR revenue requirement in a subsequent decision.

(Comr Peevey)

73

[3544]

Certification to the Securities and Exchange Commission (SEC) whether the California Public Utilities

Commission has the resources and authority to safeguard the interests of California customers of

PacifiCorp, an indirect utility subsidiary of ScottishPower plc, a holding company registered with the

SEC under the Public Utility Holding Company Act of 1935, as amended (PUHCA or the Act), 15

U.S.C. §§79a, et seq.

Agenda 3135, Item 28 6/9/2004 (Lynch);

Agenda 3136, Item 61 7/8/2004 (Lynch)

73a

[3588]

The Commission certifies to the Securities and Exchange Commission (SEC) that the California Public

Utilities Commission has the resources and authority to safeguard the interests of California customers

of PacifiCorp, an indirect utility subsidiary of ScottishPower plc, a holding company registered with the

SEC under the Public Utility Holding Company Act of 1935, as amended (PUHCA or the Act), 15

U.S.C. §§79a, et seq. pursuant to the conditions imposed.

Agenda 3135, Item 28a 6/9/2004 (Lynch);

Agenda 3136, Item 61a 7/8/2004 (Lynch)

74

[3646]

Res E-3875 - Pacific Gas & Electric Company (PG&E), Southern California Edison

Company (SCE) and San Diego Gas & Electric Company (SDG&E).

PG&E, SCE, and SDG&E request approval of Agency Agreements with the California Department of

Water Resources for the implementation of the California Consumer Power and Conservation

Financing Authority Demand Reserves Partnership Program. (PG&E Advice Letter (AL) 2505-E,

SCE AL 1720-E-A, and SDG&E AL 1512-E-A, filed May 10, 2004)

75

[3738]

This resolution concludes that SMUD's proposal to annex and include in its sphere of influence the

Sacramento Regional County Sanitation District's Lower Northwest Interceptor South River Pump

Station, located within Pacific Gas and Electric Company's (PG&E's) service territory, will not

substantially impair PG&E's ability to provide adequate service at reasonable rates within the

remainder of its service territory.

76

[3744]

SCE requests approval for establishing Cool Centers in its service territory during the summer of 2004

and recovery of Cool Center-related costs. Request granted as modified. (Advice Letter 1806-E, filed

June 16, 2004)

77

[3796]

SDG&E requests Commission approval of a new renewable energy contract with a wind energy

facility. (Advice Letter 1596-E, filed June 15, 2004)

77a (Rev.)

[3830]

Alternate Draft Resolution E-3884 grants SDG&E's request to enter into a bilateral contract with a

new wind developer.

(Comr Peevey)

08/13/2004 - This item was not listed on the agenda distributed to the public.

08/13/2004 - This revision was not shown on the Agenda mailed to the public.

78

[3797]

SDG&E is requesting an extension of the online start date for a wind energy contract previously

adopted under Resolution E-3803. (Advice Letter 1594-E, filed May 21, 2004)

78a (Rev.)

[3828]

Alternate Draft Resolution E-3883 grants approval of San Diego Gas and Electric’s request for a

deferment of the online requirement date of December 31, 2003, to June 30, 2005, for a wind power

contract originally authorized under Commission Resolution E-3803.

(Comr Peevey)

08/13/2004 - This item was not listed on the agenda distributed to the public.

08/13/2004 - This revision was not shown on the Agenda mailed to the public.

79

[3798]

SDG&E requests expedited approval to adopt proposed summer demand response reduction

program. (Advice Letter 1597-E, filed July 12, 2004)

80

[3800]

Res E-3888 - Southern California Edison Company (SCE) and California Independent

System Operator.

SCE and the California Independent System Operator submit for filing the Local Area Reliability Unit

Commitment and Dispatch Procedure developed pursuant to D04-07-028.  (SCE Advice Letter

1813-E, filed July 26, 2004)

81

[2636]

R01-09-001 - Order Instituting Rulemaking on the Commission’s own motion to assess and

revise the new regulatory framework for Pacific Bell (Pacific) and Verizon California

Incorporated.

I01-09-002 - Related matters.    This proposed decision addresses Phase 2B audit issues. The

proposed decision sustains most of the findings of an audit of Pacific's intrastate financial results for the

period 1997-1999 that were considered during Phase 2B. Despite the audit adjustments, this decision,

read in combination with the findings reached by the Commission in Phase 2A of this proceeding, does

not increase Pacific's earnings to a level requiring it to make refunds to its ratepayers.

(Comr Kennedy - ALJ Thomas)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

Agenda 3123, Item 40 11/13/2003 (Staff);

Agenda 3125, Item 70 12/18/2003 (Staff);

Agenda 3126, Item 57 1/8/2004 (Kennedy);

Agenda 3129, Item 31 2/26/2004 (Wood);

Agenda 3131, Item 39 4/1/2004 (Staff);

Agenda 3134, Item 45 5/27/2004 (Staff);

Agenda 3135, Item 30 6/9/2004 (Kennedy);

Agenda 3136, Item 68 7/8/2004 (Peevey)

81a (Rev.)

[2637]

I01-09-002 - Related matters.  This alternate resolves Phase 2B audit issues.  This alternate, read in

combination with the findings in D04-02-063, does not increase Pacific’s earnings to a level requiring it

to make refunds to its ratepayers.  The alternate proposed decision accepts Pacific’s claim of

lawyer-client confidentiality concerning certain information, but prohibits the booking of contingent

liability accruals that rely on that information.  The alternate proposed decision denies Pacific’s request

to recover audit costs because of its failure to cooperate with the audit.  The alternate orders

corrections to the regulatory accounts concerning the booking of Local Number Portability costs and

reducing the levels of authorized “Cash Working Capital.?nbsp; The alternate also orders Pacific to make

other error-correcting adjustments, with the timing of the adjustments consistent with GAAP (which

was previously adopted by this Commission to guide telecommunications accounting).

(Comr Kennedy)

Agenda 3123, Item 40a 11/13/2003 (Staff);

Agenda 3125, Item 70a 12/18/2003 (Staff);

Agenda 3126, Item 57a 1/8/2004 (Kennedy);

Agenda 3129, Item 31a 2/26/2004 (Wood);

Agenda 3131, Item 39a 4/1/2004 (Staff);

Agenda 3134, Item 45a 5/27/2004 (Staff);

Agenda 3135, Item 30a 6/9/2004 (Kennedy);

Agenda 3136, Item 68a 7/8/2004 (Peevey)

82

[3199]

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 customers.

This modified decision finds that Cingular’s corporate practice and policy from January 2000 to April

31, 2002 violated (1) Pub.Util.Code ?51 and D95-04-028 because it allowed no trial of its wireless

service and prohibited early termination of wireless service contracts unless the customer paid an early

termination fee of $150 or more, even though testing wireless service by using the phone is the best

way for a customer to ascertain whether the service meets his or her needs, and (2) violated §§451,

702 and 2896 and D95-04-028 because it failed to disclose known network problems during 2001

and, in spite of these problems, continued to prohibit refunds/returns and require early termination fees

for early cancellation of wireless service contracts.  Decision orders a penalty of $12,140,000 and

requires reparations to customers.  This modified decision addresses the issues raised by the

Commission's Consumer Protection and Safety Division, Utility Consumers Action Network, and

Cingular in their appeals to the Presiding Officer’s Decision filed October 9, 2003.  This proceeding is

closed.

(Comr Wood - ALJ Vieth)

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

in Closed Session.

Pub. Util. Code ?701.1 -- This proceeding is categorized as Adjudicatory.

Agenda 3128, Item 48 2/11/2004 (Kennedy);

Agenda 3131, Item 45 4/1/2004 (Kennedy);

Agenda 3133, Item 50 5/6/2004 (Staff);

Agenda 3134, Item 47 5/27/2004 (Peevey);

Agenda 3136, Item 69 7/8/2004 (Peevey)

82a

[3815]

PROPOSED ORDER OF COMMISSIONER KENNEDY DIFFERENT FROM PRESIDING

OFFICER'S DECISION - This decision finds that Cingular Wireless committed one violation of

Section 451 of the Public Utilities Code by unreasonably including a substantial early termination fee it

its long-term contracts without including a grace period in which a customer could try out a new

cellular telephone. The decision orders Cingular to refund early termination fees to (1) all customers

who paid such fees within 14 days of entering a contract in the period from January 1, 2000 to May 1,

2002 and (b) all customers who paid such fees during the period February 1, 2001 through April 30,

2001. The decision also fines Cingular $890,000, equal to $10,000 per day for each day from

February 1, 2001 through April 30, 2001, a period in which Cingular knowingly failed to disclose

serious network problems and continued to aggressively market its services. This decision is final.

(Comr Kennedy)

83

[3523]

A01-02-035, A02-02-031, A02-02-032, A02-02-034, A02-03-002 - Related matters.   This

decision adopts revised monthly recurring unbundled network element (UNE) rates for several UNEs

that Pacific Bell Telephone Company dba SBC-California sells to competitive local exchange carriers.

The UNEs for which revised monthly recurring rates are adopted are loops (including 2-wire, DS-1

and DS-3), switching, dedicated transport, signaling system 7 (SS7) links, and the DS-3 entrance

facility without equipment.  The rates in today’s order replace interim rates for loops and switching that

were set in D02-05-042 and replace rates for other UNEs originally adopted in D99-11-050.  This

order adopts a statewide average 2-wire loop rate of $12.92 and a flat rate for switching usage of

$2.64 per port.  These rates result in a UNE-Platform rate of $16.90 per month.  The Commission

sets these rates based on the average of the results of the models proposed by SBC-CA and the HAI

Model, Version 5.3, proposed by AT&T Communications of California and WorldCom, Inc.  An

average of the two competing models is used based on the finding that both models are flawed.  These

proceedings are closed.

(Comr Wood - ALJ Duda)

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

This matter may be considered during the Ratesetting Deliberative Meeting.

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

Agenda 3135, Item 33 6/9/2004 (Peevey);

Agenda 3136, Item 70 7/8/2004 (Staff)

83a

[3524]

A01-02-035, A02-02-031, A02-02-032, A02-02-034, A02-03-002 - Related matters.   This

alternate decision adopts revised monthly recurring unbundled network element (UNE) rates for

several UNEs that Pacific Bell Telephone Company dba SBC-California sells to competitive local

exchange carriers.  The alternate adopts a statewide average 2-wire loop rate of $13.26 and a flat rate

for switching usage of $2.77 per port.  These rates result in a UNE-Platform rate of $17.38 per

month.  The rates are based on the average of the results of the models proposed by SBC-CA and the

HAI Model, Version 5.3, proposed by AT&T Communications of California and WorldCom Inc.  An

average of the two competing models is used based on the finding that both models are flawed.  This

alternate incorporates inflation factors into the SBC-CA model and it assumes the use of 60%

Integrated Digital Loop Carrier equipment as a modeling input.

(Comr Wood)

Agenda 3135, Item 33a 6/9/2004 (Peevey);

Agenda 3136, Item 70a 7/8/2004 (Staff)

84

[3652]

R03-08-018 - Order Instituting Rulemaking to review policies concerning intrastate carrier

access charges.

This order resolves several policy questions with regard to intrastate access charges, their levels and

impact on California long distance markets. The Commission opened this rulemaking in response to the

petition of AT&T Communications of California, Inc. (AT&T). The term "access charges" refers to

charges imposed by local exchange carriers (LECs) such as Pacific Bell Telephone Company on

interexchange carriers (IEC) such as AT&T for using the LEC's local exchange network.

Interexchange carriers use this switched access to originate and terminate long distance calls to the vast

majority of California residential and business customers.

(Comr Peevey - ALJ Malcolm)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

85

[3683]

This decision approves the rate case stipulation and decides the one remaining issue.  This proceeding

is closed.

(Comr Wood - ALJ Bushey)

85a

[3811]

This alternate decision finds that the statute of limitations was tolled and that customers are entitled to

refunds for the entire overcharge period.

(Comr Lynch)

86

[3730]

This decision approves Stipulation between the utility and the Commission's Office of Ratepayer

Advocates that proposes a small rate increase in 2004 for three Region 1 customer service areas

(Arden-Cordova, Bay Point, and Ojai) following a "mini" general rate case review; permits requests,

by advice letter, to amortize 2004 supply expenses for the other Region 1 customer service areas;

addresses issues stemming from changes in the wholesale water supply costs in the Simi Valley

customer service area; and defers issues concerning amortization of litigation costs attributable to the

Arden-Cordova contamination litigation to Phase 2 of this proceeding.

(Comr Peevey - ALJ Vieth)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

87

[3733]

This decision approves a comprehensive settlement agreement entered into by SCWC and the

Commission’s Office of Ratepayer Advocates that resolves all issues in SCWC’s general rate case

application for Region II, its Metropolitan District.  The impact of the settlement on the average

monthly bill for potable water (ME-1 tariff) is approximately $2.12 in 2004, $3.31 in 2005 and $3.62

in 2006.  Among other things, SCWC will implement a six-year phase-in of increases in the rate for

recycled water (ME-3 tariff) to return it to 70% of the potable water rate by 2009.

(Comr Wood - ALJ Vieth)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

88

[3734]

This decision adopts the SJWC and Office of Ratepayer Advocates settlement and grants SJWC

authority to increase rates by $11,773,000 for 2004; $4,283,000 for 2005; and $4,245,000 for

2006. It does not adopt additional funding for water main relocation projects as requested by the

Santa Clara Valley Transportation Authority.  This proceeding is closed.

(Comr Lynch - ALJ Fukutome)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Ratesetting.

89

[3600]

CWSC - Bakersfield, Bear Gulch, Chico, Dixon, Dominguez-South Bay, East Los Angeles,

Hermosa-Redondo, King City, Livermore, Los Altos, Marysville, Mid-Peninsula, Salinas, Selma,

South San Francisco, Stockton, Palos Verdes, Westlake, Willows, Visalia Districts - Resolution

recording status of reserve account recovery filings and results of earnings tests.  (Advice Letter (AL)

1622 and AL 1624, filed March 25, 2004, and AL  1642, AL 1643, AL 1647, AL 1648, AL 1649,

and AL 1650, filed April 1, 2004)

Agenda 3135, Item 17 6/9/2004 (Staff);

Agenda 3136, Item 9 7/8/2004 (Staff)

90

[3641]

R03-08-019 - Order Instituting Rulemaking on the Commission’s own motion to amend

General Order 77-K.

This decision adopts General Order (GO) 77-L. GO 77-L supersedes GO 77-K with revised rules

for filing utility employee compensation data. The joint petition of Pacific Gas and Electric Company

and the Greenlining Institute/Latino Issues Forum to modify the rulemaking is granted to the extent of

expanding the scope of the rulemaking, as described in the order.

(Comr Wood - ALJ Koss)

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

Pub. Util. Code ?701.1 -- This proceeding is categorized as Quasi-Legislative.

91

[3812]

R_________ - Order Instituting Rulemaking on the Commission’s own motion for the

purpose of considering policies and guidelines regarding the allocation of gains from sales of

energy, telecommunications and water utility assets.

This order initiates an Order Instituting Rulemaking on the Commission's own motion to consider

policies and guidelines regarding the allocation of the gains from sales of utility assets. The primary

purpose of this proceeding is to set forth clear rules regarding who ?the utility’s investors or the

ratepayers ?receives the capital gains realized upon the disposition of utility property.  The

Commission will consider in this Rulemaking assets sold by electric and gas utilities, certain

telecommunications carriers, and water utilities.

92

[3354]

This resolution adopts an annual process for setting and updating hourly rates for use by intervenors in

seeking compensation for substantially contributing to a Commission decision, as provided in the

statutory intervenor funding program.  The hourly rates that the Commission establishes through this

process will govern intervenors and their representatives who have recently participated in Commission

proceedings, and will provide guidance to other intervenors and representatives.

Agenda 3132, Item 61 4/22/2004 (Staff);

Agenda 3133, Item 61 5/6/2004 (Wood);

Agenda 3134, Item 58 5/27/2004 (Wood);

Agenda 3135, Item 42 6/9/2004 (Peevey);

Agenda 3136, Item 78 7/8/2004 (Brown)

93

[3704]

94

[3612]

Agenda 3135, Item 57 6/9/2004 (Staff);

Agenda 3136, Item 86 7/8/2004 (Staff)

95

[3659]

Discussion of and action on the Electric Retail Market Reform Policy Statement, proposed by a

subcommittee of the Energy Resources Conservation and Development Commission, the Consumer

Power and Conservation Financing Authority, and the PUC. The Policy Statement articulates the basic

framework of a core/noncore retail electric market structure that the three agencies can support before

the Legislative and Executive Branches.

96

[3575]

97

[3601]

C98-06-003; C98-06-027; C98-06-049; I90-02-047 - Related matters.   Disposition of

Applications for Rehearing of D03-11-021 filed by The Latino Issues Forum (LIF), The Utility Reform

Network, and SBC California.  On November 13, 2003, the Commission issued D03-11-021,

awarding intervenor compensation to The Greenlining Institute and LIF for its contribution to

D01-09-058.

98

[3606]

A02-12-028, I03-03-016 - Related matters.   Disposition of the application for rehearing of

D03-12-058 filed by Southern California Edison Company (SCE).  D03-12-058 found Local 483

Utility Workers Union of America eligible for intervenor compensation under Chapter 9, Article 5,

Section 1801, et seq., of the Public Utilities Code.

Agenda 3135, Item 66 6/9/2004 (Staff);

Agenda 3136, Item 98 7/8/2004 (Wood)

99

[3684]

Disposition of Applications for Rehearing of Decision D03-12-060 filed by Women’s Energy Matters

(WEM), Residential Energy Service Companies?United Effort (RESCUE), and joint application of

Consortium for Energy Efficiency, Inc. et al. R01-08-028 examines the Commission’s future energy

efficiency policies, administration and programs. D03-12-060 is an interim opinion adopting funding for

the 2004-2005 energy efficiency programs and studies. D03-12-060 was modified in part by

D04-02-059.

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

Gov. Code ?11126.3(d), allows this item to be considered in Closed Session.

100

[3695]

Disposition of Application of AT&T Wireless Services of California, LLC, Pacific Bell Wireless, LLC

dba Cingular Wireless, Nextel of California, Inc., Sprint Spectrum S.P. d/b/a Sprint, Omnipoint

Communications, Inc. dba T-Mobile, and Verizon Wireless apply for rehearing of D04-04-038.

D04-04-038 resolves petitions to excuse utilities from the list of Respondents to a Rulemaking to

consider rules governing utility construction contract process.

101

[3769]

Disposes of the motions for stay and/or applications for rehearing of Decision D04-05-057, which

adopts General Order G.O. 168, Rules Governing Telecommunications Consumer Protection. Four

applications for rehearing were filed by Nextel California, Inc (Nextel), AT&T Wireless et al.(Joint

Carriers), and the Wireline Group. The Wireline Group filed two applications, one solely concerning

issues of timing and implementation, and one on substantive legal issues. Rehearing applicants allege

that the provisions and the adoption of G.O. 168 are preempted, unconstitutional, and in violation of

state law. Applicants also assert that the time allowed for implementation is impracticable and not

supported by the record. Nextel, Joint Carriers, and the Wireline Group also each filed motions to stay

D04-05-057.

102

[3784]

Disposition of Application of Midway Heights County Water District for rehearing of Commission

Resolution W-4473 that granted the Weimar Water Company a general rate increase of 63% in 2004.

103

[3794]

Disposition of the applications for rehearing of D04-01-051 filed by Santa Clarita Organization for

Planning the Environment and Sierra Club jointly with Friends of the Santa Clara River.  D04-01-051

conditionally approved indirect control of Valencia Water Company from Newhall Land and Farming

Company to Lennar Corporation and LNR Property Corporation.

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

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

104

[3722]

Deliberation on institution of proceeding on 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.)

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

Gov. Code ?11126(d)(2), allows this item to be considered in Closed Session.

105

[3757]

Deliberation on institution of proceeding on 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.)

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

Gov. Code ?11126(d)(2), allows this item to be considered in Closed Session.

106

[3779]

Deliberation on institution of proceeding on 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.)

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

Gov. Code ?11126(d)(2), allows this item to be considered in Closed Session.

107

[3808]

Deliberation on institution of proceeding on 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.)

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

Gov. Code ?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

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

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.

108

[3576]

Case Nos. C 04-00580 VRW (Bankruptcy Case No. 01 30923 DM) - Conference with Legal

Counsel - Existing Litigation

Loretta Lynch vs. California Public Utilities Commission, Pacific Gas and Electric Company (Debtor),

U.S. District Court for the Northern District of California, Case No. C 04-00580 VRW; Pacific Gas

and Electric Company (Debtor), United States Bankruptcy Court, Northern District of California, San

Francisco Division, Case No. 01 30923 DM.

Conference with Legal Counsel - Existing Litigation; San Diego Gas & Electric Co., EL00-95-000

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