2. CONSENT AGENDA
Please see complete Consent Agenda here (pages 2-51, items 1-62).
Items 2,3,4,6,7,8,9, and 25 Held for 12/3/09 Agenda; Item 5 held for 1/21/10 Agenda; Items 63, 70, 71, 73, 74, 77 and 78 taken up with Consent Agenda.
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3. REGULAR AGENDA
Regular Agenda - Energy Orders
Item
63
[8998]
New Order Instituting Rulemaking
R____________
Order Instituting Rulemaking to Examine the Commission’s Post-2008 Energy Efficiency Policies,
Programs, Evaluation, Measurement, and Verification, and Related Issues.
PROPOSED OUTCOME:
This Order Instituting Rulemaking replaces Rulemaking (R) 06-04-010, the Rulemaking to
Examine the Commission's Post-2005 Energy Efficiency Policies, Programs, Evaluation,
Measurement, and Verification, and Related Issues for Southern California Edison Company, San
Diego Gas & Electric Company, Southern California Gas Company, and Pacific Gas & Electric
Company.
R06-04-010 expired in 2008, and has been extended several times pending the Commission's
action on the utilities' 2010 to 2012 energy efficiency portfolios and other matters.
The Order opens a new energy efficiency rulemaking to replace R06-04-010.
ESTIMATED COST:
No estimated costs are foreseen.
Taken up with Consent Agenda.
4. Regular Agenda - Energy Resolutions and Written Reports
Item
64
[8518]
Moorpark-Newbury 66 kV Subtransmission Line
Res E-4243, Advice Letter 2272-E, filed on October 2, 2008 - Related matters.
PROPOSED OUTCOME:
Affirms a prior Executive Director’s Action Resolution E-4225 findings related to Southern
California Edison’s (SCE’s) proposed Moorpark-Newbury 66 kV Subtransmission line.
Finds that: (1) SCE complied with the notice requirements for the proposed construction of
facilities; (2) The proposed facilities were exempt from Permit to Construct requirements; (3) Facts
claimed in protests to Executive Director’s Action Resolution did not support a finding that General
Order 131-D exemption criteria applied.
Dismisses protests.
ESTIMATED COST:
Moorpark-Newbury 66kV Subtransmission Line was filed as Advice Letter 2272-E Notice of
Proposed Construction Project Pursuant to General Order 131-D; therefore, no cost information is
provided or required for Permits to Construct.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=404074
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3235, Item 25 6/4/2009 (Staff);
Agenda 3236, Item 43 6/18/2009 (Staff);
Agenda 3237, Item 32 7/9/2009 (Staff);
Agenda 3240, Item 46 9/10/2009 (Staff);
Agenda 3241, Item 38 9/24/2009 (Staff);
Agenda 3242, Item 46 10/15/2009 (Staff);
Agenda 3243, Item 51 10/29/2009 (Staff)
Held for future Agenda.
5. Item
65
[8520]
Pacific Gas and Electric Company, San Diego Gas & Electric
Company, and Southern California Edison Company
Qualifying Facilities Contracts
Res E-4242, Advice Letter (AL) PG&E AL 3197-E, SDG&E AL 1958-E and SCE AL 2200-E, filed on
January 14, 2008, Supplemental AL PG&E AL 3197-E-A, SDG&E AL 1958-E-A and SCE AL 2200-E-A,
filed on July 11, 2008, and Supplemental AL PG&E AL 3197-E-B, et al. - Related matters.
PROPOSED OUTCOME:
Adopts, with modifications, the Qualifying Facility (QF) Standard Offer Contracts proposed by
Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE) and San
Diego Gas & Electric Company (SDG&E). Upon adoption, there will be one QF Standard Offer
Contract across all three electric Investor Owned Utilities (IOUs).
The new contract may be signed by new and existing QFs with expired contracts in addition to
QFs pursuing other contracting methods such as participating in an IOU’s Request for Offer process
or negotiating a bilateral contract.
ESTIMATED COST:
Adoption of this resolution does not imply any specific cost. However, upon adoption, the utilities
may enter into contracts with new or existing QFs.
These contracts will form part of the utilities’ procurement costs for electricity.
It is impossible to know in advance the total cost of those contracts but, in the past, QF power has
represented no more than 20% of the utilities’ portfolio.
Contracts executed with existing QFs should not result in any additional costs as the utilities were
already purchasing power from these QFs in the past.
Contracts signed with new QFs will represent new incremental expenditures, but this spending will
be offset by the reduced need for new generation as a result of contracting with the new QF.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=404197
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3235, Item 26 6/4/2009 (Staff);
Agenda 3236, Item 44 6/18/2009 (Staff);
Agenda 3237, Item 33 7/9/2009 (Staff);
Agenda 3238, Item 47 7/30/2009 (Staff);
Agenda 3239, Item 55 8/20/2009 (Staff);
Agenda 3240, Item 47 9/10/2009 (Staff);
Agenda 3241, Item 39 9/24/2009 (Staff);
Agenda 3242, Item 47 10/15/2009 (Staff);
Agenda 3243, Item 52 10/29/2009 (Staff)
Held for 12/3/09 Agenda.
6. Item
66
[8956]
Pacific Gas and Electric Company Requests Approval of a
Renewable Power Purchase Agreement
Res E-4286, Advice Letter 3449-E filed on April 10, 2009 - Related matters.
PROPOSED OUTCOME:
Approves cost recovery for a power purchase agreement (PPA) resulting from bilateral
negotiations between Pacific Gas and Electric Company and Solaren Corporation, pursuant to
California’s renewables portfolio standard program.
The PPA is approved with conditions.
ESTIMATED COST:
Actual costs are confidential at this time.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=405830
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Held for 12/3/09 Agenda.
7. Regular Agenda - Communication Orders
Item
67
[8944]
Guidelines for Customer Education Programs Regarding
Backup Power Systems
R07-04-015
Order Instituting Rulemaking on the Commission’s Own Motion into Reliability Standards for
Telecommunications Emergency Backup Power Systems and Emergency Notification Systems Pursuant
to Assembly Bill 2393.
PROPOSED OUTCOME:
Adopts guidelines for customer education programs for facilities-based providers of telephony
services (service providers) who provide service to residential customers using coaxial cable or
fiber-optic cable to the customer’s building that requires backup power on the customer’s premises.
Directs service providers to enhance their existing customer education programs to meet the
guidelines.
Requires service providers to make an advice letter filing within 180 days detailing their customer
education programs.
Closes proceeding.
ESTIMATED COST:
No significant cost.
(Comr Simon - ALJ O'Donnell)
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=405835
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Quasi-Legislative.
Held for 12/3/09 Agenda.
8. Regular Agenda - Communication Resolutions and Reports
Item
68
[8855]
Funding for the Mother Lode Broadband Project of Rapid
Link Inc. and Mother Lode Internet for Underserved Areas
Res T-17225
PROPOSED OUTCOME:
Adopts California Advanced Services Funding (CASF) for Mother Lode Broadband Project in
underserved areas covering Alpine, Amador, Calaveras, Tuolumne, and Mariposa Counties.
ESTIMATED COST:
$3,110,064 from the CASF which represents 40% of the total project cost to provide a new level
of speed throughout the Mother Lode region.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=402298
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3242, Item 51 10/15/2009 (Staff)
Held for 12/17/09 Agenda.
9. Item
69
[8893]
Fundings for The California Broadband Cooperative of
California's Digital 395 Middle Mile Project From the
California Advanced Services Fund
Res T-17232
PROPOSED OUTCOME:
Construction of middle-mile broadband project in underserved area along US Highway 395 in
Mono, Inyo, Kern and San Bernardino Counties under the California Advanced Services Fund
(CASF) program.
ESTIMATED COST:
$10,149,422 from the CASF representing 10% of the total project cost.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=404054
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3243, Item 60 10/29/2009 (Chong)
Item
69a
[8999]
ALTERNATE TO ITEM 8893
PROPOSED OUTCOME:
Adopts contingent fundings for the California Broadband Cooperative of Californias's Digial 395
Middle Mile Project.
ESTIMATED COST:
$19,294,717 from the CASF representing 19% of the total project.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=404429
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Held for 12/3/09 Agenda.
10. Item
70
[8957]
Funding for the Race Telecommunications Inc., Last Mile
Project from the California Advanced Services Fund
Res T-17241
PROPOSED OUTCOME:
Conditionally adopts California Advanced Services Fund (CASF) funding for Race
Telecommunications, Inc. (RACE), Last Mile project in Kern County.
The project is contingent on RACE receiving an American Recovery and Reinvestment Act grant
for 80% of the total project cost.
ESTIMATED COST:
$9,500,864 from the CASF, which represents 10% of the total project cost.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=405879
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Taken up with Consent Agenda.
11. Regular Agenda - Water/Sewer Orders
Item
71
[8934]
San Jose Water Company General Rate Case
A09-01-009
In the Matter of the Application of San Jose Water Company for an Order authorizing it to increase rates
charged for water service by $36,207,000 or 18.44% in 2010, by $15,171,000 or 6.52% in 2011, and by
$19,899,000 or 8.10% in 2012.
PROPOSED OUTCOME:
Authorizes a general rate increase, and brings San Jose Water Company’s (SJWC) Mountain
District service charges equal to the service charges in effect for all of SJWC’s remaining customers.
Closes the proceeding.
ESTIMATED COST:
Additional annual revenue of $18,597,000, or 9.24% in test year 2010.
(Comr Bohn - ALJ Galvin)
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=405781
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.
Taken up with Consent Agenda.
12. Regular Agenda - Transportation/Rail Safety Resolutions and Reports
Item
72
[8709]
Air Ride Moving & Storage Appeal of Citation No. FC-252
Issued Pursuant to Resolution ALJ-187
Res ALJ-238
PROPOSED OUTCOME:
Citation FC-252 is affirmed in part and amended in part.
ESTIMATED COST:
Carrier will pay at least $1,260.60 in customer refunds and fines.
General Fund will receive $400 from fine paid to Commission by Appellant.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=402095
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3239, Item 21 8/20/2009 (Bohn );
Agenda 3240, Item 8 9/10/2009 (Bohn );
Agenda 3241, Item 5 9/24/2009 (Chong);
Agenda 3242, Item 5 10/15/2009 (Pub. Util. Code §311(e))
Item
72a (Rev.)
[8935]
ALTERNATE TO ITEM 8709
PROPOSED OUTCOME:
Citation FC-252 is affirmed in part and amended in part.
Unlike the proposed resolution, the Alternate orders Air Ride to refund the full amount due to the
customer under our regulations, $2641, and fines Air Ride $500.
ESTIMATED COST:
Carrier will pay at least $2641 in customer refunds and fines.
General Fund will receive $500 from fine paid to the Commission by Appellant.
(Comr Bohn )
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=402246
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3242, Item 5a 10/15/2009 (Pub. Util. Code §311(e))
11/12/2009 - This revision was not shown on the Agenda mailed to the public.
[view discussion of item 12] 4 minutes 40 seconds
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13. Item
73 (Rev.)
[8954]
Deviation of General Order 26-D at I Street Crossing for
Sacramento Railyards Project
Res SX-94
PROPOSED OUTCOME:
Approves deviation from General Order 26-D for overhead clearances at I Street crossing in the
City of Sacramento.
ESTIMATED COST:
Not within the scope of this resolution.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=405420
11/13/2009 - This revision was not shown on the Agenda mailed to the public.
Taken up with Consent Agenda.
14. Regular Agenda - Legal Division Matters
Item
74
[9025]
Comments Before the Federal Energy Regulatory
Commission
FERC Docket AD09-10
Request for Commission approval to file comments at the Federal Energy Regulatory Commission
(FERC) in response to FERC proposal “Possible Elements of a National Action Plan on Demand
Response.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=405688
Taken up with Consent Agenda.
15. Regular Agenda - Legislative and Other Matters
16. Regular Agenda - Commissioner's Reports
Item
75 (Rev.)
[9018]
Pacific Gas and Electric Company Smart Meter Deployment
in San Joaquin Valley
Commissioner’s Report - President Peevey
Request approval to utilize PU Code Section 632 for the Commission to enter into a contract(s) for
independent testing of Smart Meters, and related software, by a third-party technical expert(s) because of
extraordinary circumstances that justify expedited contracting for consultant or advisory services, resulting
from the public concerns raised about the deployment of PG&E's Smart Meters in San Joaquin
Valley.
11/17/2009 - This revision was not shown on the Agenda mailed to the public.
[view discussion of item 16] 6 minutes 29 seconds
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17. Commissioner Simon Report
[view discussion of item 17] 7 minutes 5 seconds
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18. Commissioner Grueneich Report
[view discussion of item 18] 5 minutes 30 seconds
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19. Commissioner Bohn Report
[view discussion of item 19] 7 minutes 32 seconds
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20. Commissioner Chong Report
[view discussion of item 20] 2 minutes 7 seconds
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21. President Peevey Report (other)
[view discussion of item 21] 5 minutes 23 seconds
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22. Regular Agenda - Management Reports and Resolutions
Item
76
[9017]
Biannual Report
Executive Director Clanon Report
Pacific Forest and Watershed Lands Stewardship Council Biannual report to the California Public Utilities
Commission.
[view discussion of item 22] 18 minutes 35 seconds
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23. Item
77
[8979]
Designation to Exercise the Limited Powers of a Peace
Officer
Director Clark Report
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.
Taken up with Consent Agenda.
24. Item
78
[9019]
Request to Disclose Accident Investigation Report
Director Clark Report
The Consumer Protection and Safety Division requests authority to disclose the Commission staff
investigation of a fatal injury to a Sacramento Regional Transit District (SRTD) wayside worker struck by
an SRTD light-rail vehicle on July 24, 2008. The report includes a factual description of the accident,
antecedent events and accident consequences, analysis of potential causes, and recommendations to
improve the safety of operations.
Taken up with Consent Agenda.
25. Regular Agenda - Management Reports and Resolutions
Other (if needed)
26. Regular Agenda - Management Reports and Resolutions
Other (if needed)
27. CLOSED SESSION
Please see complete Closed Session agenda here (pages 68-76).
