CPUC Public Agenda 3233 Thursday, May 7, 2009, 10 a.m. 505 Van Ness Ave., San Francisco

1. CPUC Public Agenda 3233Thursday, May 7, 2009, 10 a.m.505 Van Ness Ave., San Francisco Commissioners: Michael R. Peevey Dian M. Grueneich John A. Bohn Rachelle Chong Timothy Alan Simon www.cpuc.ca.gov

2. Public Comment Any member of the public who wishes to address the CPUC must first sign up with the Public Advisor before the meeting begins. Once called, at the discretion of the President of the CPUC, each speaker has up to 2 minutes. A sign will be posted when 1 minute remains. A bell will ring when time has expired. The following items are NOT subject to Public Comment: Items: 5, 9, 11, 12, 20, 22, 28, and 29 All items on the Closed Session Agenda

3. Agenda Changes • Items shown on the Consent Agenda will be taken up and voted on as a group in one of the first items of business of each CPUC meeting. • Items on Today’s Consent Agenda are: • 1, 3, 5, 6, 7, 9, 10, 13, 14, 15, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30. • Any Commissioner, with consent of the other Commissioners, may request an item from the Regular Agenda be moved to the Consent Agenda prior to the meeting. • Items:32, 37, 42, 43, 45, 46, 47, 49, 54, 55, 56 from the Regular Agenda have been added to the Consent Agenda. • Any Commissioner may request an item be removed from the Consent Agenda for discussion on the Regular Agenda prior to the meeting. • Items: _____ have been moved to the Regular Agenda. • Items:11 and 48 have been withdrawn. • The following items have been held to the next meeting (5/21/09): • 2, 4, 8, 12, 16, 17, 19, 31, 33, 35, 38, 40, 44, 50, 51, 52, 53, 58.

4. Regular Agenda • Each item on the Regular Agenda (and its alternate if any) will be introduced by the assigned Commissioner or CPUC staff and discussed before it is moved for a vote. • For each agenda item, a summary of the proposed action is included on the agenda; the CPUC’s decision may, however, differ from that proposed. • The complete text of every Proposed Decision or Draft Resolution is available for download on the CPUC’s website: www.cpuc.ca.gov. • Late changes to agenda items are available on the Escutia Table.

5. Regular Agenda - Communications • Item# 34 [8432] New Rulemaking on Exemptions to Public Utilities Code Section 851 for Certain Carriers • ___________________________________________ • PROPOSED OUTCOME: • Opens rulemaking to consider: • Broader exemption for competitive telecommunications carriers from Public Utilities Code Section 851 requirements for disposing of necessary or useful property • Continuing existing and adopting new conditions pursuant to Section 853(b)on the broader exemption from Section 851 filing requirements • ESTIMATED COST: • No additional regulatory costs anticipated; reduced compliance costs anticipated

6. Regular Agenda – Water/Sewer Orders • Item# 36 [8199] Capital Structure and Return on Equity for California Water, California American, and Golden State • A08-05-002 Ratesetting Comr Bohn/ALJ Long • ___________________________________________________________ • PROPOSED OUTCOME: • Adopts a separate 2009 capital structure for California Water, California American, and Golden State. • Adopts a separate 2009 cost of capital for California Water, California American, and Golden State. • Adopts a 2009 return on equity of 10.2% for California Water, California American, and Golden State. • Remains open for phase 2 – to consider an adjustment to return on equity for 2010 and 2011. • ESTIMATED COST: • No direct rate increase for California Water or Golden State. • Modest increase from 10.15% to 10.2% return on equity for California American.

7. Regular Agenda – Legal Division Matters Item# 39 [8477] GN Docket No. 09-51 In the Matter of A National Broadband Plan for Our Future The Federal Communications Commission (FCC) seeks comment to inform the development of a national broadband plan for our country, and specifically to enable the build-out and utilization of high-speed broadband infrastructure.

8. Regular Agenda – Legislative Matters Item# 41 [8493] AB 413 (Fuentes) This bill would make several changes that affect electric rates, including modifying eligibility for the California Alternate Rates for Energy (CARE) program, barring mandatory dynamic pricing for residential electric customers, and lifting the current cap on some residential electricity rates. This bill would also modify the low income energy efficiency program and relax some statutory constraints on existing direct access arrangements, while removing any CPUC discretion on the complete reopening of direct access. Legislative Subcommittee Recommendation: OPPOSE UNLESS AMENDED

9. Regular Agenda Legislative Matters Item# 57 [8495] SB 695 (Kehoe) This bill would make several changes that affect electric rates, including modifying eligibility for the California Alternate Rates for Energy (CARE) program, barring mandatory dynamic pricing for residential electric customers, and lifting the current cap on some residential electricity rates. This bill would also modify the low income energy efficiency program and relax some statutory constraints on existing direct access arrangements, while removing any Commission discretion on the complete reopening of direct access. Legislative Subcommittee Recommendation: OPPOSE UNLESS AMENDED

10. Commissioners’ Reports

11. Management Reports Report on “We CARE Week”

12. The CPUC Thanks YouFor Attending Today’s Meeting The Public Meeting is adjourned. The next Public Meeting will be: May 21, 2009, at 10 a.m.