Results of Public Agenda 3183

Meeting Held on Thursday, November 30, 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

Ratesetting Deliberative Meeting*

Room 5305

(1:30 p.m.)

Closed to the Public

Commission Meeting

Auditorium

(10 a.m.)

Open to the Public

Monday, December 11, 2006 (San

Francisco)

Thursday, December 14, 2006 (San

Francisco)

Thursday, January 11, 2007 (San

Francisco)

Monday, January 08, 2007 (San

Francisco)

Thursday, January 25, 2007 (San

Francisco)

Monday, January 22, 2007 (San

Francisco)

Friday, February 09, 2007 (San

Francisco)

Thursday, February 15, 2007 (San

Francisco)

Monday, February 26, 2007 (San

Francisco)

Thursday, March 01, 2007 (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; these are HEX and EX items.

·

Re 48:

George Riley, Monterey, CA

Michele Mosher, Felton, CA

Nancy Pratt, HOPE Helping of Peninsula's Environment

1

[5969]

PG&E requests approval of the Military Pass Road-Newberry LLC (Vulcan) renewable resource

procurement contract. This contract is approved without modifications. (Advice Letter 2860-E, filed

July 14, 2006)

Agenda 3179, Item 16 9/21/2006 (Staff);

Agenda 3180, Item 8 10/5/2006 (Staff);

Agenda 3181, Item 1 10/19/2006 (Staff)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

2

[6059]

Ratification of preliminary determination of category for proceedings initiated by application. The

preliminary determinations are pursuant to Rule 7.1 of the Commission's Rules of Practice and

Procedure.

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

3

[5991]

This resolution authorizes Live Oak a general rate increase producing an additional annual revenue of

$46,400 or 320% in test year 2006.

Agenda 3181, Item 9 10/19/2006 (Staff);

Agenda 3182, Item 4 11/9/2006 (Bohn)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

4

[5997]

This order addresses the limited rehearing of D05-12-040 granted by D06-06-040 concerning SCE's

application for approval of its steam generator replacement program (SGRP) for San Onofre Nuclear

Generating Station Units 2 and 3. The decision provides the correct results of the cost-effectiveness

calculation in D05-12-040 and explains the calculation of the greenhouse gas adder used therein.

Based on the corrected results, the decision finds the SGRP cost-effective, and affirms the ordering

paragraphs of D05-12-040 as modified by D06-06-040.  This proceeding is closed.

(Comr Brown - ALJ O'Donnell)

Agenda 3181, Item 13 10/19/2006 (Staff);

Agenda 3182, Item 5 11/9/2006 (Staff)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

5

[5998]

This decision approves SCE's application for ratemaking treatment of its early acquisition of the City of

Anaheim’s ownership share of San Onofre Nuclear Generating Station Units 2 & 3.  This proceeding

is closed.

(Comr Brown - ALJ O'Donnell)

Agenda 3181, Item 14 10/19/2006 (Staff);

Agenda 3182, Item 6 11/9/2006 (Staff)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

6

[6006]

This decision finds the participation of SDG&E in the steam generator replacement program (SGRP)

for San Onofre Nuclear Generating Station Units 2 & 3 (SONGS) reasonable and approve the

attached unopposed settlement agreement.  The settlement agreement includes ratemaking treatment of

SDG&E’s share of SGRP costs in a manner consistent with the ratemaking treatment authorized for

Southern California Edison Company’s  share of SGRP costs in D05-12-040.  The settlement

agreement also authorizes SDG&E to recover SONGS operations and maintenance expenses through

a two-way balancing account.  This proceeding is closed.

(Comr Brown - ALJ O'Donnell)

Agenda 3181, Item 18 10/19/2006 (Staff);

Agenda 3182, Item 7 11/9/2006 (Staff)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

7

[6016]

A06-07-006, A06-07-007 - Related matters.   This decision grants requests by Main Event, a

passenger stage corporation, to amend its Certificate of Public Convenience and Necessity by revising

the Route Description and fare structure, and by adding Morgan Hill as a point within the Service

Area.  The decision denies Main Event’s request for authority to establish a zone of rate freedom

pursuant to Section 454.2 of the Public Utilities Code.  These consolidated proceedings are closed.

(Comr Bohn - ALJ Ryerson)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

8

[6095]

This decision orders utilities with annual revenues exceeding $25 million to furnish annual reports

showing Women/Minority/Disabled/Veteran Business Enterprises (WMDVBE) suppliers and money

spent on WMDVBE suppliers by revenues.  Greenlining petitioned for an order instituting rulemaking

to track supplier diversity under General Order (GO) 156.  It is not necessary to open a rulemaking.

To the extent Greenlining’s petition requests modification of GO 156, it is denied. This proceeding is

closed.

(Comr Peevey - ALJ Grau)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

9

[6110]

This resolution extends for one year the authority granted to vessel common carriers by Resolutions

TL-19042, TL-19051, and TL-19066 to adjust fares and rates to offset higher fuel costs within a

"zone of reasonableness" that has an upper limit of 20% above currently authorized base fares and

rates.

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

10

[6111]

This decision approves a settlement agreement between SCE and AES Huntington Beach, L.L.C. to

resolve complex disputes involving two power purchase agreements.  This proceeding is closed.

(Comr Peevey - ALJ Yacknin)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

11

[6112]

This resolution sets fee levels for passenger vehicle operators, vessel operators, commercial air

operators and pipeline corporations are unchanged from the fee levels set for fiscal year 2005-06.  The

fee level set for the railroad corporations reflects a $1,125,000 reduction from the level set for fiscal

year 2005-06 due to a surplus in the 2005-06 fiscal year attributed to attrition and the timing of filling

new positions for increased railroad inspections and investigations.

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

12

[6115]

A05-11-008 - Southern California Edison Company (SCE) and San Diego Gas & Electric

Company (SDG&E).

For the 2005 Nuclear Decommissioning Cost Triennial Proceeding to Set Contribution Levels for the

Companies' Nuclear Decommissioning Trust Funds and Address Other Related Decommissioning

Issues. A05-11-009 - Related matters.   This decision adopts an all-party settlement for SCE and

SDG&E which resolves all issues in a Joint Application 05-11-008.  The Commission also adopts a

separate settlement for Pacific Gas and Electric Company in A05-11-009 which resolves all

ratemaking issues exclusive of the issues litigated by a customer intervenor.  The Commission declines

to create an Independent Board of Consultants; the Commission provides guidelines applicable to all

three applicants concerning the necessity to ensure that the utilities employ sufficient well-trained and

experienced personnel to plan and direct the complex task of decommissioning a retired nuclear

generating facility; and the Commission directs the parties to perform in depth analyses of storage costs

and contingencies for the next triennial proceedings for all three utilities.  A05-11-008 and

A05-11-009 are closed.

(Comr Brown - ALJ Long)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

13

[6116]

D06-03-013 addressed the Commission staff’s ability to obtain information from telecommunications

carriers and the merits of a process to resolve disputes concerning information requests made outside

of a formal proceeding.  Ordering Paragraph 6 of the decision required the Commission's General

Counsel and Chief Administrative Law Judge to prepare a resolution setting forth an appropriate

process for resolving timing, format, scope, and burden issues regarding Commission staff’s access to

information.  This draft resolution reaffirms staff authority to obtain information from regulated entities

and sets forth a graduated process to resolve disputes concerning the timing, format, scope, and

burden of staff information requests (including prompt initial review, meet and confer opportunities,

review by division director, and review by the Commission’s General Counsel).

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

14

[6118]

This resolution approves PG&E's Advice Letters (AL) seeking approval under Public Utilities Code

Section 851 to consent to Shiloh I Wind Project LLC's use of PG&E's exclusive easement to

construct, use, and maintain an access road.  This resolution has been prepared pursuant to a pilot

program specified in Resolution ALJ-186 granting expedited treatment to utility proposals meeting

certain requirements.  (AL 2743-G/2859-E, filed July 11, 2006)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

15

[6124]

To revise its electric marginal costs, revenue allocation, and rate design. This decision grants the motion

of PG&E, Agricultural Energy Consumers Association, California Farm Bureau Federation, and

California Rice Millers requesting adoption of an agricultural class definition settlement.  The settlement

is uncontested, reasonable in light of the whole record, consistent with law, in the public interest, and

adopted without modification.  This proceeding remains open to consider all other issues related to

PG&E's electric marginal cost, revenue allocation and rate design application.

(Comr Chong - ALJ Fukutome)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

16

[6130]

R05-06-040 - Order Instituting Rulemaking to implement Senate Bill No. 1488 (2004 Cal.

Stats., Ch. 690 (Sept. 22, 2004)) relating to confidentiality of information.

This decision awards The Utility Reform Network (TURN) and the Green Power Institute $44,344.70

and $39,670, respectively, in compensation for their substantial contributions to D06-06-066.

TURN’s award is slightly less than the amount requested ($44,587.82) because the Commission

awards a slightly lower hourly rate to its attorneys for work in 2006 than it requests.  This proceeding

remains open for Phase II.

(Comr Grueneich - ALJ Thomas)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

17

[6132]

Application for approval of a power purchase agreement between the utility and an affiliate and for

authority to recover the costs of such power purchase agreement in rates. This decision awards

$10,525.65 to The Utility Reform Network and $28,679.14 to Aglet Consumer Alliance in intervenor

compensation for their contributions to D06 05-034. This proceeding is closed.

(Comr Brown - ALJ DeBerry)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

18

[6133]

This decision grants the application of InteraTel for expanded certificate of public convenience and

necessity to provide limited facilities-based local exchange services.  This proceeding is closed.

(Comr Bohn - ALJ Prestidge)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

19

[6135]

Application for approval of an agreement concerning certain generation assets known as “Contra

Costa 8” pursuant to a settlement and release of claims agreement approved by the Commission on

January 14, 2005, for authority to recommence construction, and for adoption of cost recovery and

ratemaking mechanisms related to the acquisition, completion and operation of the assets.   This

decision awards The Utility Reform Network $12,549.95 in compensation for its substantial

contribution to D06-06-035.

(Comr Peevey - ALJ Brown)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

20

[6136]

(ECP) C06-09-010 - Cruise Holiday of Arcadia vs. Pacific Bell Telephone Company, d/b/a

AT&T California.

Complainant seeks authority to enforce a contract it alleges provides telephone service forever at

non-tariffed rates.  Held.  Dismissed for failure to state a cause of action.  C06-09-010 is closed.

(Comr Chong - ALJ Barnett)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

21

[6137]

Res T-17056 - TDS Telecommunications Corporation (TDS) as agent for Happy Valley

Telephone Company (Happy Valley), Hornitos Telephone Company (Hornitos), and

Winterhaven Telephone Company (Winterhaven).

This resolution approves a Commercial Mobile Radio Service Interconnection Agreement between

TDS and Verizon Wireless 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

(AL) 291 of Happy Valley, AL 259 of Hornitos, and AL 187 of Winterhaven respectively, filed

September 27, 2006)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

22

[6138]

Res T-17066 - Citizens Telecommunications Company of California, Inc.  dba Frontier

Communications of California  (Frontier).

This resolution approves one interconnection agreement between Frontier and Frontier

Communications of America, Inc. dba Citizens Long Distance, 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 953, filed October 11, 2006)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

23

[6139]

Res T-17065 - Citizens Telecommunications Company of California, Inc. dba Frontier

Communications of California (Frontier).

This resolution approves one interconnection agreement between Frontier and Comcast Phone of

California, LLC, 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 954, filed

October 19, 2006)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

24

[6140]

This resolution approves an interconnection agreement between Verizon and ConnectTo

Communications, Inc., 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

11663, filed October 19, 2006)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

25

[6154]

To construct Akers Road, a public street, across the tracks of the Union Pacific Railroad Company in

City of Bakersfield, County of Kern. A02-04-038, A02-04-039, A02-04-040 - Related matters.

This decision grants the Petition for Modification by the City of D04-08-013 for an extension of time

to March 30, 2007 to complete construction of at grade railroad crossings at Akers Road and

Mountain Vista Drive (two of the four subject crossings).  This decision also reflects a previous

extension of time to November 21, 2006, to construct all of the subject crossings, granted by letter

from the Executive Director.  These consolidated proceedings are closed.

(Comr Peevey - ALJ Koss)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

26

[6155]

This decision grants the City authority to construct a new public at-grade highway-rail crossing of

Santa Maria Valley Railroad Company’s Airbase Branch and Battles Road, in City of Santa Maria,

County of Santa Barbara.  This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

27

[6160]

This resolution authorizes LAWC a general rate increase producing additional annual revenue of

$64,368 or 20.8% in 2005.

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

28

[6161]

R04-04-003 - Order Instituting Rulemaking to promote policy and program coordination and

integration in electric utility resource planning.

This decision awards the Natural Resources Defense Council $34,308.29 in compensation for its

substantial contribution to the Mohave Alternatives/Complements Study that was part of the follow-up

work ordered by the Commission in D04-12-016.

(Comr Peevey - ALJ Brown)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

29

[6169]

This resolution approves PG&E's request for transfer of the Advanced Metering Infrastructure

Memorandum Accounts and disposition and recovery of the balances in the Advanced Metering and

Demand Response Account (AMDRA) and the Gas Advanced Metering Account( GAMA).  This

resolution also approves PG&E’s request for disposition of the balances through the Distribution

Revenue Adjustment Mechanism and the Core Fixed Cost Account consistent with the AMDRA and

GAMA preliminary statements.  (Advice Letter 2836-E/2729-G, filed May 26, 2006)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

30

[6175]

Application of PG&E for adoption of policy and process for acquisition of incremental core gas

storage in compliance with Ordering Paragraph 5 of D04-09-022, and for adoption of a core reliability

planning standard. This decision awards The Utility Reform Network $23,050.80 in compensation for

its substantial contribution to D06-07-010.  This proceeding is closed.

(Comr Grueneich - ALJ Wong)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

31

[6180]

This decision approves Garberville authority to sell its water system to Garberville Sanitary District.

This proceeding is closed.

(Exam Coughlan)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

32

[6181]

I05-04-019 - In the matter of the Order Instituting Investigation and Order to Show Cause on

the Commission’s own motion into the operations and practices of Mr. Move Moving &

Storage, Inc. (Mr. Move), a California corporation, dba Load Rock N Roll Moving and

Storage, Right Now Moving and Storage, Same Day Moving, Short Notice Moving and

Storage, A All-American Relocation, Load Lock N Roll, Long Beach Security Storage,

Mister Move, and its president, Eli Galam.

This decision holds that Mr. Move has failed to comply with applicable law and Commission

regulations for household goods carriers.  Most such violations, however, occurred prior to the 2004

criminal court stipulation which required respondents to bring operations into compliance with the law

and regulations.  Mr. Move has substantially, albeit not completely, complied with the requirements of

the criminal court stipulation.  The officers and management of Mr. Move are admonished for several

recent moves, directed to make refunds for overcharges, required to resolve loss and damage claims,

and pay a fine.  The Commission staff shall implement a plan for enhanced supervision of Mr. Move.

In addition, this decision finds that the appeals of the Presiding Officer’s Decision (POD) do not show

the POD to be unlawful or erroneous, and accordingly makes no changes to the POD.  This

proceeding is closed.

(Comr Peevey - ALJ Bushey)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

33

[6183]

A06-06-022 - NOS Communications, Inc. (NOS), Blue Ridge Telecomm Systems LLC,

Affinity Networks Incorporated (ANI), NOSVA Limited Partnership and Samuel P. Delug

(all referred as Applicants)

This decision grants the uncontested request of Applicants to allow Samuel P. Delug (who is also an

applicant) to increase his interest in each company from 25% to 75% by purchasing the 50% interest in

each company now held by Robert A. Lichtenstein.  The application notes that Delug is the most active

major shareholder in each company, while Lichtenstein’s role has been that of a passive investor for

many years.  Although the Federal Communications Commission (FCC) recently opened a new

investigation into NOS’s marketing activities, and NOS and ANI have been the subject of

enforcement proceedings before this Commission in the past, this enforcement history and the

pendency of the new FCC proceeding is not a reason to disapprove the instant application.  If it turns

out that further enforcement action is required against any of the applicant companies, this Commission

has ample powers to pursue such enforcement under the Public Utilities Code.  This proceeding is

closed.

(Comr Chong - ALJ McKenzie)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

34

[6184]

This decision grants LGS's request to issue up to $25 Million in long-term debt to finance its Kriby

Hills Expansion project, secure LGS' working capital facility with its assets and enter into financial

hedging contracts for the purpose of managing interest rate risks.  This proceeding is closed.

(Comr Bohn - ALJ Lakritz)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

35

[6185]

This decision authorizes Applicant to operate as a passenger stage corporation between points in the

Counties of Los Angeles, Orange, San Bernardino, Riverside, and Ventura, on the one hand, and

Long Beach, Los Angeles International, John Wayne, Ontario International, and Bob Hope Airports,

on the other hand; and to establish a zone of rate freedom.  This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

36

[6186]

The decision authorizes Applicant to operate as a passenger stage corporation between points in San

Francisco, Alameda, Contra Costa, Santa Clara, Solano, Marin, and San Mateo Counties, on the one

hand, and San Francisco, Oakland, and San Jose International Airports, on the other hand; and to

establish a zone of rate freedom.  This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

37

[6187]

This decision authorizes Applicant to operate as a passenger stage corporation between points in

Orange County, on the one hand, and Long Beach, Los Angeles International, John Wayne, and

Ontario International Airports, on the other hand.  This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

38

[6188]

This decision authorizes Applicant to operate as a passenger stage corporation between points in the

Counties of San Francisco, Alameda, Contra Costa, Santa Clara, Solano, Marin, and San Mateo, on

the one hand, and San Francisco, Oakland, and San Jose International Airports, on the other hand;

and to establish a zone of rate freedom.  This proceeding is closed.

(Exam Clark)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

39

[6075]

R05-10-030 - Order Instituting Rulemaking concerning relationship between California

energy utilities and their holding companies and non regulated affiliates.

This decision adopts and makes applicable to California’s major energy utilities and their holding

companies (Southern California Edison Company/Edison International, Pacific Gas and Electric

Company (PG&E)/PG&E Corporation, and Southern California Gas Company and San Diego Gas &

Electric Company, both owned by Sempra Energy) certain revisions to (1) the Commission’s Affiliate

Transaction Rules and (2) General Order 77-L, which governs reporting of executive compensation

and other information by public utilities. This proceeding is closed.

(Comr Brown - ALJ Vieth)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

40

[6098]

This decision approves the seven long-term commitments to procure 2,250 megawatts of new

generation resources resulting from PG&E’s Long-Term Request for Offer.  The decision also adopts

ratemaking mechanisms for the recovery of the reasonable costs of the approved contracts and

projects.  This proceeding is closed.

(Comr Peevey - ALJ Yacknin)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

41

[6120]

A05-06-008, A05-06-017 - Related matters.   This decision adopts a number of augmentations and

improvements to existing utility demand response programs and budgets originally adopted in

D06-03-024.  The Commission adopts these changes in order to promote system reliability during the

summer peak demand periods of 2007 and 2008.  These proceedings are closed.

(Comr Chong - ALJ Malcolm)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

42

[6125]

A04-12-004 - San Diego Gas & Electric Company (SDG&E) and Southern California Gas

Company (SoCalGas).

For authority to integrate their gas transmission rates, establish firm access rights, and provide

off-system gas transportation services. This decision addresses the Phase 2 issues.  A system of firm

access rights, patterned after the proposal of SDG&E and SoCalGas and which incorporates elements

of the joint proposal, is adopted as the market structure for the natural gas transmission systems of

SDG&E and SoCalGas.  The decision also addresses off-system delivery service to Pacific Gas and

Electric Company from SoCalGas, and whether SoCalGas’ peaking rate should remain in effect.

This proceeding is closed.

(Comr Brown - ALJ Wong)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

42a

[6128]

Similar to the Proposed Decision, this Alternate Proposed Decision adopts a Firm Access Rights

system based on the SDG&E and SoCalGas’ proposal.  This Alternate also incorporates elements of

the Joint Proposal and approves the off-system delivery service to PG&E and the gas pooling service.

This Alternate differs from the Proposed Decision in that it concludes that SoCalGas’ peaking rate

tariff should be eliminated.  This proceeding is closed.

(Comr Brown)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

43

[6092]

Res E-3999 - Pacific Gas and Electric Company (PG&E) and Southern California Edison

Company (SCE).

PG&E and SCE request approval of  proposed tariffs applicable to transferred municipal departing

load.  (PG&E Advice Letter (AL) 2433-E-C, filed September 2, 2005 and SCE AL 1980-E, filed

March 8, 2006)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

44

[6122]

Res E-4043 - Pacific Gas and Electric Company (PG&E), Southern California Edison

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

This resolution orders PG&E, SCE, SDG&E to extend the filing of monthly reports regarding Direct

Access (DA) implementation activity indefinitely, as long as DA service continues in California.

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

45

[6129]

PG&E submits electric tariff revisions to recover balances in balancing accounts, establish the Energy

Recovery Bonds Balancing Account revenue requirement, and consolidate changes to electric rates

effective January 1, 2007.  Approved with modifications.  (Advice Letter 2895-E, filed September 1,

2006)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

46

[6089]

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 resolves issues relating to intercarrier compensation for

"virtual" NXX traffic transported over the networks of Small Local Exchange Carriers, pursuant to the

directives in D03-09-005.

(Comr Peevey - ALJ Pulsifer)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

47

[6123]

This decision authorizes SBC to implement modified surcharge to recover costs of undergrounding

lines in the City of San Diego as required by San Diego ordinance.

(Comr Peevey - ALJ Bushey)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

48

[6077]

A05-02-013 - Related matters.   This decision resolves the general rate case applications for the

Monterey and Felton districts and the corporate general office rate case filed by Cal-Am.

A05-02-012 and A05-02-013 are closed.

(Comr Bohn - ALJ Walwyn)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

49

[6198]

A05-02-013 - Related matters.   Public Utililites Code §1701.5 (a) provides that ratesetting cases

shall be resolved within 18 months of the scoping memo unless the Commission makes findings why

that deadline cannot be met and issues an order extending that deadline.  In this proceeding, the 18

month deadline for resolving this matter is November 30, 2006.  Because the proposed decision in this

proceeding was held at the November 9, 2006 agenda, this proceeding cannot be resolved within the

18-month deadline.  A05-02-012 and 05-02-013 remain open.

(Comr Bohn - ALJ Walwyn)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

50

[6194]

This decision authorizes Valencia to implement a system-wide Low-Income Ratepayer Assistance

program, along with its related tariff schedule.  A05-10-028 is closed.

(Comr Bohn - ALJ Koss)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

51

[6195]

This resolution authorizes Cal-Am to implement a Low-Income Ratepayer Assistance program in its

Sacramento and Larkfield Districts.  This proceeding is closed.

(Comr Bohn - ALJ Koss)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

52

[6196]

This resolution authorizes CSW to implement a Low-Income Ratepayer Assistance program, along

with related tariff schedules, in all 24 of its rate-making districts, effective January 1, 2007.  This

proceeding is closed.

(Comr Bohn - ALJ Koss)

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

53

[6022]

This decision adopts amendments to the Rules of Practice and Procedure regarding intervenor

compensation.  The amendments (1) codify Commission precedent regarding eligibility and

compensable costs, (2) provide intervenors with greater flexibility in filing notices of intent, (3) enact

accounting and documentation requirements to facilitate Commission review and determination of

eligibility and compensable costs, and (4) adopt a mechanism for providing notices of intent to claim

compensation for judicial review costs.  R06-04-022 is closed.

(Comr Bohn - ALJ Yacknin)

Agenda 3181, Item 44 10/19/2006 (Grueneich);

Agenda 3182, Item 39 11/9/2006 (Staff)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

54

[6099]

R05-06-040 - Order Instituting Rulemaking to implement Senate Bill No. 1488 (2004 Cal.

Stats., Ch. 690 (Sept. 22, 2004)) relating to confidentiality of information.

This decision addresses one issue left open for consideration in D06-06-066: which individuals and

entities are "market participants" and which are "non-market participants" for purposes of having

access to confidential electric procurement, resource adequacy and renewables portfolio standard data

under Pub. Util. Code § 454.5(g).

(Comr Grueneich - ALJ Thomas)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

55

[6157]

This resolution authorizes disclosure of Commission Consumer Protection and Safety Division (Safety

and Reliability Branch) Investigation Records Regarding July 10, 2003 excavation in City of Sonoma,

California, pursuant to the subpoena of Geo Dynamics in PG&E v. Geo Dynamics, Sonoma Superior

Court (No. SCV-238946).

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

56

[6134]

Consideration and vote to adopt the West Coast Commissions' Joint Action Framework on Climate

Change.  The Framework is a commitment by the Public Utilities Commissions of Oregon, Washington

and California to work cooperatively to address the contribution of the energy sector to climate

change.

Yes: (Bohn, Brown, Chong, Grueneich, Peevey)

No: (none)

Abstain: (none)

Absent: (none)

58

[6021]

Disposition of application for rehearing of D06-03-013 filed by the California Attorney General and

jointly by The Utility Reform Network and the Division of Ratepayer Advocates.  In D06-03-013, the

Commission adopted revised General Order 168, Market Rules to Empower Consumers and to

Prevent Fraud.

Agenda 3180, Item 61 10/5/2006 (Peevey);

Agenda 3181, Item 52 10/19/2006 (Staff);

Agenda 3182, Item 44 11/9/2006 (Staff)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

59

[6044]

Disposition of Joint Application for Rehearing of D06-05-041.  The application was filed jointly by

The Utility Reform Network and Division of Ratepayer Advocates. Responses were filed by a group

of energy utilities, called the “Joint Parties,”  The California Water Association, Park Water Company,

and Pacific Gas and Electric Company.  The Decision adopted rules for the allocation of gain on sale

under ordinary circumstances, continued the current framework for addressing gain on sale issues

where a municipal utility takes over a portion of a public utility, and interpreted the provisions of Public

Utilties Code Section 790, among other things.

Agenda 3181, Item 53 10/19/2006 (Staff);

Agenda 3182, Item 45 11/9/2006 (Staff)

Yes: (none)

No: (none)

Abstain: (none)

Absent: (none)

60

[6078]

Disposition of Application for Rehearings filed by The Utility Reform Network and Division of

Ratepayer Advocates (jointly) and Disability Rights Advocates of D06-08-030, and related protests

to AT&T California's Advice Letter filings 28800 and 28982.  This Decision established a Uniform

Regulatory Framework for telecommunications utilities.

Agenda 3181, Item 56 10/19/2006 (Staff);

Agenda 3182, Item 47 11/9/2006 (Staff)

Approved (AL 28800 and AL 28982. Comr. Brown reserves the right to

file a dissent. Comr. Grueneich reserves the right to file a dissent.)

Yes: (Bohn, Chong, Peevey)

No: (Brown, Grueneich)

Abstain: (none)

Absent: (none)