Public Agenda 3178

Thursday, September 7, 2006 10:00 a.m.

San Francisco, California

Michael R. Peevey, President

John A. Bohn

Geoffrey F. Brown

Rachelle B. Chong

Dian M. Grueneich

Scheduled Commission Meetings

505 Van Ness Avenue, San Francisco

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

however, differ from that proposed.

Ratesetting Deliberative Meeting*

Room 5305

(1:30 p.m.)

Closed to the Public

Commission Meeting

Auditorium

(10 a.m.)

Open to the Public

Monday, September 18, 2006 (San

Francisco)

Thursday, September 07, 2006 (San

Francisco)

Thursday, September 21, 2006 (San

Francisco)

Monday, October 02, 2006 (San

Francisco)

Thursday, October 05, 2006 (San

Francisco)

Monday, October 16, 2006 (San

Francisco)

Monday, November 06, 2006 (San

Francisco)

Thursday, November 09, 2006 (San

Francisco)

*Ratesetting Deliberative Meeting dates are reserved as noted but will be held only if there are ratesetting matters to be

considered and a Commissioner has requested that a Ratesetting Deliberative Meeting be held.

This location is accessible to people with disabilities.  If specialized accommodations for the disabled

are needed, e.g. sign language interpreters, please call the Public Advisor at (415) 703-2074 or TTY#

(415) 703-5282 or toll free # 1-866-836-7825 three business days in advance of the meeting.

The following items are not subject to public comment:

· All items on the closed session agenda.

·

1 (Rev.)

[5839]

I00-11-001 - Order Instituting Investigation into implementation of Assembly Bill 970

regarding the identification of electric transmission and distribution constraints, actions to

resolve those constraints, and related matters affecting the reliability of electric supply.

This decision closes this proceeding after directing Pacific Gas and Electric Company, San Diego Gas

& Electric Company, and Southern California Edison Company, beginning on the first business day of

October 2006, to submit on a quarterly basis to the Director of the Commission's Energy Division,

specified information on the status of transmission projects and generation interconnection projects

which prior rulings and decisions require the utilities to file on a monthly basis. This decision denies the

utilities’ motion requesting that their transmission reporting requirements be discontinued.  The

Commission directs that beginning on October 2, 2006, the utilities instead submit the reports, as

modified by this decision, on a quarterly basis to the Director of the Commission’s Energy Division.

This proceeding is closed.

(Comr Peevey - ALJ TerKeurst)

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

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

2

[5789]

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.)

[5853]

This decision grants Applicant's  application for a certificate of public convenience and necessity

authorizing the provision of resold local exchange services in this state. This proceeding is closed.

(Comr Chong - ALJ Prestidge)

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

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

4

[5862]

This resolution authorizes NextG Networks Inc. to deviate from Public Utilities Code Section 320 to

install aerial cable and antennae above ground within 1,000 feet of a scenic highway in El Dorado

County. (Advice Letter 13, filed June 15, 2006)

5

[5881]

R04-03-017 - Order Instituting Rulemaking regarding policies, procedures and incentives for

distributed generation and distributed energy resources.

This decision awards Vote Solar Initiative compensation for its substantial contributions to

D04-12-045, D05-12-044, and D06-01-024.  Today’s award of $22,809.00 will be paid from the

Commission’s intervenor compensation program fund. This proceeding is closed.

(Comr Peevey - ALJ Malcolm)

6

[5900]

This resolution revokes certificates of public convenience and necessity (CPCN) of the following

companies for failure to comply with Decision 93-05-010, Ordering Paragraph 4: Bay Area Teleport

(CPCN# (#) 5109); NetSolve, Inc. (#5418); UC Computers, Inc. (#5962); Altrio Communications,

Inc. (#6556); MTEL America, Inc. (#6818).

7

[5901]

For authority to increase revenue requirements to recover the costs to deploy an advanced metering

infrastructure.  This decision modifies Decision 06-07-027 upon the Commission's own motion to

restore a portion of the decision deleted from the proposed decision. This language described possible

customer load management applications that might be offered in the future on a competitive basis by

nonutility providers in conjunction with PG&E's Advance Metering Infrastructure network architecture.

This proceeding is closed.

(Comr Peevey - ALJ Long)

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

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

8

[5916]

This decision grants Applicant's unopposed application for a certificate of public convenience and

necessity authorizing the provision of limited facilities-based and resold local exchange services. This

proceeding is closed.

(Comr Bohn - ALJ Prestidge)

9

[5917]

Application to lease space and transfer assets pursuant to Section 851 is closed with Applicant's

concurrence after passage of time without decision on initial request.

(Comr Peevey - ALJ Walker)

10

[5918]

Joint application to transfer control of MCI's California utility subsidiaries to Verizon, which will occur

indirectly as a result of Verizon's acquisition of MCI.  This decision grants intervenor compensation

awards of $92,241.46 to the Greenlining Institute, $70,102.37 to the Latino Issues Forum,

$29,767.14 to Disability Rights Advocates, and $297,543.49 to The Utility Reform Network

(collectively, intervenors).  These awards are made for each intervenor’s substantial contributions to

Decision 05-11-029. This proceeding is closed.

(Comr Peevey - ALJ Walker)

11

[5920]

This decision grants the joint motion of AGS and the Commission Consumer Protection and Safety

Division for approval of a settlement agreement and approves the settlement agreement without any

modifications. This proceeding remains open, for further adjudication of AGS’ application for a

facilities-based certificate of public convenience and necessity authorizing the provision of

interexchange services in this state.

(Comr Peevey - ALJ McKenzie)

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

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

12

[5922]

This decision grants the request of City of Elk Grove to construct a grade-separated highway-rail

crossing on Grant Line Road and close the existing at-grade crossing in the City of Elk Grove, County

of Sacramento. This proceeding is closed.

(Exam Clark)

13

[5923]

For authorization to transfer control of AT&T Communications of California, TCG Los Angeles, Inc.,

TCG San Diego, and TCG San Francisco to SBC, which will occur indirectly as a result of AT&T's

merger with a wholly-owned subsidiary of SBC, Tau Merger Sub Corporation.  This decision awards

intervenor compensation to the Greenlining Institute, Latino Issues Forum, Community Technology

Foundation of California, The Utility Reform Network, and Disability Rights Advocates for substantial

contributions to Decision 05-11-028, which approved the application of SBC and AT&T to transfer

control of AT&T subsidiaries of the combined organization resulting from AT&T’s merger with SBC.

This proceeding is closed.

(Comr Peevey - ALJ Pulsifer)

14

[5926]

This decision grants the request of City of San Diego for authority to construct a new Harbor Drive

Pedestrian Overpass Grade Separation Bridge Structure, CPUC No. 002-268.82-AD, over three

light rail vehicle tracks of the Metropolitan Transit Development Board and two heavy rail tracks of the

BNSF Railway Company in the City of San Diego, County of San Diego, California. This proceeding

is closed.

(Exam Clark)

15

[5927]

This decision grants County of San Diego’s request for authority to relocate the existing at-grade

crossing at South Santa Fe Avenue over the North County Transit District’s Escondido Subdivision

approximately 458 feet east, measured along the centerline of the track, replacing the existing at-grade

crossing identified as CPUC Crossing No. 106E-112.00, in San Diego County. This proceeding is

closed.

(Exam Clark)

16

[5928]

This decision grants the request of City of Pico Rivera to construct a grade-separated crossing of

Passons Blvd. beneath tracks of the BNSF Railway Company’s San Bernardino Subdivision,

replacing the existing at-grade crossing identified as CPUC Crossing No. 002-151.45, and to close

the adjacent at-grade crossing of Serapis Ave., identified as CPUC Crossing No. 002-151.30, in Los

Angeles County.  This proceeding is closed.

(Exam Clark)

17

[5929]

This decision grants the City of Oxnard’s request for authority to construct an at-grade crossing,

referred to as the Oxnard Transportation Center Parking Lot Crossing, adjacent to the Oxnard Transit

Center over the tracks and right-of-way of the Union Pacific Railroad Company in the City of Oxnard,

Ventura County.  This proceeding is closed.

(Exam Clark)

18

[5930]

A05-05-014 - Related matters.  The Settlement between the City of American Canyon, California

Northern Railroad and Union Pacific Railroad Company is approved, and authority is granted to

replace an existing private crossing at South Napa Junction Road with a public at-grade crossing.  The

authority previously granted by D02-06-059 in A01-09-021 is also extended.  A01-09-021 and

A05-05-014 are closed.

(Comr Grueneich - ALJ Ryerson)

19

[5934]

A06-06-023 - Pacific Pipeline System LLC., Plains All American Pipeline, L.P. and LB

Pacific, L.P.

A06-06-024 - Related matters. This decision grants the application of Pacific Pipeline System and

Pacific Terminals, LLC for a change of control pursuant to Pub. Util. Code §854.  These proceedings

are closed.

(Comr Brown - ALJ Bemesderfer)

20

[5935]

AT&T requests approval of an Interconnection Agreement between AT&T and YMax

Communications Corp., pursuant to Section 252 of the Telecommunications Act of 1996 and in

accordance with the provisions of General Order 96-A and Resolution ALJ-181. (Advice Letter

28617, filed July 19, 2006)

21

[5936]

This resolution grants the application of United Way Silicon Valley to use the 2-1-1 dialing code for

health and human services information and referral service in Santa Clara County.

22

[5941]

This decision authorizes Samme Shiheiber and Majed Dajani to acquire control of Quake City Shuttle,

Inc., a passenger stage corporation, by the purchase of all outstanding corporate stock from Aleksandr

Kogen and Aleksandr Nudelman. This proceeding is closed.

(Exam Clark)

23

[5942]

This decision authorizes Applicant to modify its passenger stage corporation service to include the

scheduled transportation of passengers and their baggage between Los Angeles International Airport,

on the one hand, and Anaheim, John Wayne Airport, Laguna Niguel, West Covina, Ontario

International Airport, San Bernardino, and Palm Springs Airport, on the other hand. This proceeding is

closed.

(Exam Clark)

24

[5943]

This decision authorizes HAWK Group, Inc. to acquire control of East Bay Connection, Inc., a

passenger stage corporation, through the purchase of stock from Reshad Sulymankhel, Nazir

Sulymankhel, Bashir Sulymankhel, and Jawad Sulymankel. This proceeding is closed.

(Exam Clark)

25

[5945]

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

mechanisms for generation procurement and renewable resource development.

This decision approves the revised power purchase agreement between San Diego Gas & Electric

Company and Otay Mesa Energy Center, LLC, a wholly owned indirect subsidiary of Calpine

Corporation relating to the 583 megawatt natural gas-fired combined-cycle power plant under

construction in southern San Diego County.  This proceeding is closed.

(Comr Peevey - ALJ Brown)

26

[5949]

This decision grants the request of SDG&E for a certificate of public convenience and necessity for the

Silvergate Substation Project. This proceeding is closed.

(Comr Grueneich - ALJ Allen)

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

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

27

[5953]

C92-09-028, C92-12-031 - Related matters.  Complaints to modify local access and transport area

boundary line are closed due to passage of time without party objection. These proceedings are

closed.

(Comr Peevey - ALJ Weismehl)

28

[5623]

R05-02-023 - Order Instituting Rulemaking to revise Commission General Order Number 95

pursuant to D05-10-030.

The Commission on February 24, 2005 issued this Order Instituting Rulemaking 05-02-023 to

consider uniform rules for attaching wireless antennas to jointly used utility poles and towers.

Following seven days of workshops in San Francisco and Los Angeles, the parties jointly presented a

workshop report containing three alternative proposals for a new Rule 94 to General Order 95.  The

parties reached agreement on most of new Rule 94 but differed on provisions dealing with identification

signs, the vertical clearance between supply conductors and wireless antennas with radio frequency

(RF) emissions, and exceptions to the rules for certain low-emission antennas.  This decision  today

adopts in its entirety the Rule 94 sponsored by the Commission’s Consumer Protection and Services

Division, the International Brotherhood of Electrical Workers Local 1245, the Communication

Workers of America – Ninth District, Pacific Gas and Electric Company, and San Diego Gas &

Electric Company. The decision rejects the assertions of some parties that elements of the new Rule 94

are preempted by Federal Communications Commission (FCC) rules regulating RF exposure,

concluding instead that mere acknowledgement of the FCC’s RF rules does not preempt a state

agency which enacts construction rules intended to provide a safe working environment for those

climbing and working on transmission poles.  This proceeding is closed.

(Comr Brown - ALJ Walker)

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

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

Agenda 3173, Item 37 5/25/2006 (Chong);

Agenda 3174, Item 40 6/15/2006 (Bohn);

Agenda 3175, Item 27 6/29/2006 (Bohn);

Agenda 3176, Item 40 7/20/2006 (Peevey);

Agenda 3177, Item 45 8/24/2006 (Staff)

29

[5776]

I05-06-041 - Order Instituting Investigation on the Commission’s own motion into

methodology for economic assessment of transmission projects.

This decision adopts general principles and minimum requirements and provides other guidance for

economic evaluations of proposed transmission projects that may be submitted in Commission

certificate of public convenience and necessity proceedings. This proceeding is closed.

(Comr Grueneich - ALJ TerKeurst)

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

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

Agenda 3176, Item 45 7/20/2006 (Grueneich);

Agenda 3177, Item 46 8/24/2006 (Grueneich)

30

[5904]

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

long-term supplies of natural gas to California.

This order addresses the remaining issues in the proceeding.  This order, among other things, does as

follows: 1.  Approves Interconnection Agreements and Operational Balancing Agreements for LNG

providers (including gas arriving at Otay Mesa).  2.  Directs the Pacific Gas and Electric Company

(PG&E), the San Diego Gas & Electric Company (SDG&E), and the Southern California Gas

Company (SoCalGas) to adopt, as a backbone transmission planning standard, one-in-ten cold and

dry year average demand.  3.  Approves an agreement between PG&E and independent storage

providers for direct interconnection to storage customers. 4.  Endorses the creation of an Infrastructure

Working Group which will enable all participants and relevant state agencies to monitor system

utilization and identify expansion needs.  5.  Clarifies and expands policies related to receipt point

expansion on the SoCalGas system.  6.  Finds that no party has identified a specific example of

inadequate infrastructure affecting the delivery of gas over the next few years. 7.  Directs the utilities to

make new system adequacy filings in a new proceeding, incorporating the requirements set forth in this

order including the need to consider the probability of peak-period storage withdrawal, and the

deliverability of withdrawn gas when assessing the adequacy of the entire system.  8.  Directs the

utilities to propose quantifiable slack capacity standards based on the specific characteristics of their

respective natural gas delivery systems and the need to ensure adequate service in times of emergency.

9.  Raises concerns about the adequacy and competitiveness of unbundled storage in the SoCalGas

service territory and orders the utility to file tariffs creating a cost-based recourse rate for storage

customers willing to make a multi year commitment.  10.  Rejects SoCalGas’ proposed revisions to its

rules affecting open seasons related to local transmission capacity.  SoCalGas seeks to establish a

requirement that customers seeking firm capacity commit to 5 or 10-year contracts.  The order cites

the Commission policy, as established in Decision 02-11-073, stating that the Commission will not

consider the merits of imposing long-term contracts until SoCalGas has established an approved

program for tradable firm rights.  The Commission is currently considering such a proposal in

Application 04-12-004.  11.  Directs SDG&E and SoCalGas to plan more explicitly for appropriate

system expansions outside of the open season process.  12.  In reviewing current gas quality

standards, the order requires the preservation of the status quo in terms of safety, reliability and air

quality, by keeping in place the current SoCalGas Rule 30 requirements and ordering adherence to the

current Air Resources Board compressed natural gas vehicles standards.  Parties are encouraged to

develop an alternative means for maintaining the status quo while the utilities and others complete

studies necessary to ensure safe, reliable, and clean natural gas service under revised air quality

standards.  The additional studies will include compliance with the California Environmental Quality

Act. 13.  Adopts various minor changes to PG&E's Rule 21 and SoCalGas' Rule 30. 14.  Directs the

Energy Division, in cooperation with the California Energy Commission, to convene a workshop to

develop a detailed strategy for additional studies necessary to ensure that new gas quality specifications

will preserve safe, reliable, and clean natural gas service. R04-01-025 is closed.

(Comr Peevey - ALJ Weissman)

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

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

30a

[5905]

The alternate decision adopts natural gas quality standards for Pacific Gas and Electric Company

(PG&E), Southern California Gas Company (SoCalGas) and San Diego Gas and Electric Company

(SDG&E), assesses the adequacy of the utilities’ backbone pipeline transmission capacity and

associated slack capacity ranges, as well as storage adequacy, establishes open season policies for

SoCalGas and SDG&E, and approves Interconnection Agreements and Operational Balancing

Agreements for LNG providers and approves a settlement agreement between PG&E and

independent storage providers.  This decision concludes Phase II of this Rulemaking.

(Comr Peevey)

31

[5903]

Res E-4006 - Pacific Gas and Electric Company (PG&E), Southern California Edison

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

PG&E, SCE, and SDG&E request authority to update their Direct Access Switching Exemption Rules

to clarify that customers electing to remain on bundled portfolio service at the end of their three-year

commitment period shall be subject to an additional three-year commitment period. The requests of

PG&E, SCE, and SDG&E are approved with modifications. (PG&E Advice Letter (AL) 2840-E and

SDG&E AL 1801-E, filed June 2, 2006, and SCE AL 2013-E, filed June 9, 2006)

32

[5938]

PG&E requests authority to commence a credit card option pilot program for a 12-month period.

PG&E's request is approved with modification. (Advice Letter 2744-G/2861-E, filed July 14, 2006)

33

[5946]

PG&E proposes to provide an electric bill customer credit and to establish a fund to assist with

customer bills due to increased demand levels and revenues related to the July 2006 heat storm.

(Advice Letter 2885-E, filed August 16, 2006)

34

[5778]

R95-04-043 - Order Instituting Rulemaking on the Commission’s own motion into

competition for local exchange service.

I95-04-044 - Related matters. This decision disposes the Petitions for Modification of Decision

05-07-043 (Petitions), filed respectively by Verizon California Inc. (Verizon) on January 5, 2006, and

by AT&T California dba SBC California (SBC) on February 3, 2006.  Verizon and SBC seek to

terminate the requirement for arbitration of batch hot cut process and pricing disputes.  A prehearing

conference shall be conducted in the consolidated arbitration proceedings for Verizon and SBC in

order to address ultimate disposition of parties’ remaining disputes relating to batch hot cut processes

and pricing.

(Comr Peevey - ALJ Pulsifer)

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

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

Agenda 3176, Item 52 7/20/2006 (Peevey);

Agenda 3177, Item 56 8/24/2006 (Brown)

35 (Rev.)

[5843]

This resolution authorizes Rural Water Company, Inc., Cypress Ridge Sewer System a thirty-six

month rate surcharge for recovery of the unanticipated expense memorandum account, for a total

amount of $69,756 or 36.5% in 2006. (Advice Letter (AL) 4, filed August 3, 2005 and AL 5, filed

August 24, 2005)

36

[5879]

This resolution recommends to the California Transportation Commission for increasing funding under

the California Public Utilities Code Section 1231.1 to an amount of $4,100,000 to be set aside in fiscal

year 2007-08 for maintaining automatic grade crossing protection devices.

37 (Rev.)

[5868]

The FCC has established a pleading cycle for comments to be filed regarding AT&T, Bell South and

Qwest’s Petitions for Forbearance under 47 U.S.C. Section 160 (c) from Title II and Computer

Inquiry rules with respect to broadband services.

38

[5878]

Preventing Undue Discrimination and Preference in Transmission Services, FERC Docket No.

RM05-25-000. On May 18, 2006, FERC released a Notice of Proposed Rulemaking (NOPR)

proposing amendments to regulations adopted in Orders 888 and 889 to ensure that transmission

services are provided in a nondiscriminatory and just and reasonable basis.  The initial Comments filed

in this rulemaking proceeding by certain parties have raised a number of policy issues of concern to

staff.  The Commission has not previously given the staff policy direction on these issues.  Staff

accordingly seeks the Commission’s authorization to file Reply Comments addressing these new issues

of concern.  Reply Comments are due on September 20, 2006.

39

[5954]

40

[5931]

Designation of Consumer Protection and Safety Division investigators authorized to exercise the limited

powers of a peace officer within the scope of their duties as specified in Penal Code Section 830.11

and Pub. Util. Code Section 308.5.  This matter will be presented before the Commission for

discussion and action.

41

[5795]

42

[5815]

Disposition of application for rehearing of D06-01-025 filed by Golden State Water Company

(Formerly Southern California Water Company.)  D06-01-025 involves requested rate increases for

the company's Region III service area for 2006, 2007 and 2008.

43

[5874]

Disposition of Application for Rehearing of D06-03-003 filed by Douglas and Sherri Massongill

(Applicants.)  D06-03-003 denied the complaint against Hillview Water Company, Inc. filed by

Applicants.  In D06-03-003, the Commission concludes that the fact that Applicants 1.64 acres of

undeveloped land that they own near Oakhurst, California briefly had water service in 1998 (until

cancelled by the prior owners) does not qualify the property for an exemption from the moratorium.

44

[5932]

Disposition of Application for Rehearing filed by The Helein Law Group, P.C. of Decision 06-04-048.

The Decision denied the application of New Centry Telecom, LLC for authority to transfer ownership

from Kathleen Helein to Karyn Bartel.  The Decision also found that New Century Telecom, and its

law firm, The Helein Law Group, violated Rule 1 of the Commission's Rules of Practice and

Procedure.

45

[5947]

Disposition of the application for rehearing filed by the Pacific Continental Textiles, Inc. (PCT), of

D06-06-011.  D06-06-011 dismisses with prejudice a complaint filed by PCT against Southern

California Edison Company.

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.

46

[5948]

An investigation into the operations and practices of Sebastian Enterprises, Inc.; Fortel, Inc.; and

Foresthill Telephone Company.

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

47

[5792]

People of the State of California, et al. v. Sempra Energy, et al., San Diego Superior Court  No. GIC

857224

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.

48

[5798]

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

Market Redesign and Technology Update (MRTU).

Conference with Legal Counsel - Existing Litigation; San Diego Gas & Electric Co., FERC Docket

No. EL00-95, Investigation of Practices of the California Independent System Operator and the

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

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

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

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

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

employee.

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