CPUC Commission Meeting - November 20, 2009

1.

PUBLIC COMMENT

[view discussion of item 1] 23 minutes 25 seconds

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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.

[view discussion of item 2] 1 minutes 4 seconds

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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).






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