BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking Regarding the
Applicability of the Commission’s Right-ofWay Rules to Commercial Mobile Service
Carriers
Rulemaking 14-05-001
(Filed: May 1, 2014)
JOINT REQUEST OF PACIFIC GAS AND ELECTRIC COMPANY (U39-E), SAN
DIEGO GAS AND ELECTRIC COMPAY (U 902 – E), AND SOUTHERN CALIFORNIA
EDISON (U 338-E) FOR ALTERNATIVE DISPUTE RESOLUTION
CHARLES R. LEWIS, IV
77 Beale Street, B30A
San Francisco, CA 94105
Telephone: (415) 973-6610
Facsimile: (415) 973-5520
Email: CRL2@pge.com
JOHN A. PACHECO
101 Ash Street, HQ12
San Diego, California 92101-3017
Telephone: (619) 699-5130
Facsimile: (619) 699-5027
Email: jpacheco@semprautilities.com
Attorney for
PACIFIC GAS AND ELECTRIC COMPANY
Attorney for:
SAN DIEGO GAS & ELECTRIC COMPANY
GLORIA M. ING
ROBERT F. LeMOINE
2244 Walnut Grove Avenue
Post Office Box 800
Rosemead, California 91770
Telephone: (626) 302-1999
Facsimile: (626) 302-3990
E-mail: gloria.ing@sce.com
Attorneys for
SOUTHERN CALIFORNIA EDISON COMPANY
April 29, 2015
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking Regarding the
Applicability of the Commission’s Right-ofWay Rules to Commercial Mobile Service
Carriers
Rulemaking 14-05-001
(Filed: May 1, 2014)
JOINT REQUEST OF PACIFIC GAS AND ELECTRIC COMPANY (U39-E),
SAN DIEGO GAS AND ELECTRIC COMPAY (U 902 – E), AND SOUTHERN
CALIFORNIA EDISON (U 338-E) FOR ALTERNATIVE DISPUTE RESOLUTION
Pursuant to the procedural schedule in the March 24, 2015 ruling by Administrative
Law Judge (ALJ) Kenney in this proceeding and the February 9, 2015, Administrative Law
Judge’s Ruling Setting A Revised Schedule For Public Workshops And Requiring A Workshop
Report, Pacific Gas and Electric Company (PG&E), San Diego Gas and Electric Company
(SDG&E), and Southern California Edison (SCE), collectively “Electric IOUs,” submit the
following request for Alternative Dispute Resolution (ADR).
The Electric IOUs maintain that the record in this case, which includes the initial
comments submitted by parties, informational reports, responses to data requests, the
workshop report and comments, is adequate to support a decision by this Commission. For
this reason, the Electric IOUs do not propose evidentiary hearings in this case. However, as
the workshop report and comments make clear, the parties were unified on very few of the
disputed issues. Nevertheless, the Electric IOUs believe that these disputed issues are
uniquely suited to resolution through Commission-assisted ADR.
Therefore, the Electric IOUs proposes ADR in this case. The Electric IOUs believe
ADR may be helpful by providing a setting for parties to try and reach a settlement on
disputes regarding pricing structure for CMRS attachments and the contested proposed ru le
changes (PRCs). The Electric IOUs prefer ADR over possibly seeking a settlement
conference, because the assistance of a neutral mediator provides an independent
perspective on the contested issues and guides parties towards finding a settlement.
2
In addition, because parties in ADR sign confidentiality agreements, they are able to
take positions and make statements that will not be held against them; the Electric IOUs
favor ADR because it tends to lead to more candor and willingness to reach mutual
agreement. Lastly, the Electric IOUs favor CPUC-assisted ADR because of the limited
number of parties in this proceeding and the nature of the issues.
The Electric IOUs contacted The Safety and Enforcement Division (SED), The
Utility Reform Network (TURN) and AT&T Mobility1/. SED and TURN stated that each
would not oppose the request and would participate in CPUC-sponsored ADR. AT&T
Mobility said they were unable to respond due to the short time.
The February 9, 2015 ALJ Ruling included an opportunity for parties to file motions
for ADR. Any such motion must include the following:




A list and description of each material contested factual issue to be heard or submitted to
ADR
A summary of the evidence to be presented by the moving party
Whether discovery is needed and, if so, the nature and scope of discovery
A proposed schedule for all ADR or hearing-related events, including discovery
The Electric IOUs hereby provide a response below to each of the preceding bullet
points:
List And Description Of Each Material Contested Factual Issue To Be Heard Or Submitted To
ADR
There are two material contested factual issues in this case: (1) antenna attachments fees and (2)
additional antenna safety proposals. As indicated above, the Electric IOUs believe that
evidentiary hearings are not needed to resolve disputed facts because the record in this case has
been fully developed through verified comments and workshops. However, this does not mean
that there are not disputed facts. For example, on page E-20 of the Workshop Report, SCE
indicates that CMRS installations on poles could interfere with fall protection equipment while
1
Because of the shortness of time due to the tight schedule for opening and reply comments on the
workshop report, the Electric IOUs were not able to reach all parties.
3
AT&T Mobility believes the opposite. Notwithstanding the above, because the Electric IOUs
believe that the purpose of ADR in this proceeding is to facilitate settlement and because the
Electric IOUs believe that the record in this case has been fully developed, the Electric IOUs
submit that ADR could proceed based on the identification of the two disputed issues.
A Summary Of The Evidence To Be Presented By The Moving Party
The Electric IOUs will present the following evidence at ADR meetings:







Informational Reports filed by parties on October 21, 2014
Parties responses addressing matters identified in the body of the ALJ’s rulings
dated November 7 and 10, 2014
Parties opening comments filed December 19. 20142
Parties reply comments filed January 7, 2015
Joint Parties’ Workshop Report for Workshops Held February–March 2015 filed
April 7, 2015
Parties opening comments on workshop report filed April 17, 2015
Parties reply comments on workshop report filed April 24, 2015
Whether Discovery Is Needed And, If So, The Nature And Scope Of Discovery
The Electric IOUs do not foresee a need for any additional discovery. The evidence in
the record is adequate for parties to participate in ADR and see if they can resolve the disputed
issues.
Proposed Alternative Dispute Resolution Schedule
The Electric IOUs propose CPUC-assisted ADR meetings be held on May 21st to 22nd in
San Francisco. PG&E is willing to host the ADR meetings at its headquarters located at 77
Beale in San Francisco, California. If the arbitrator or other parties believe additional time is
needed, PG&E is willing to host additional days
CONCLUSION
For the reasons set forth above, the Electric IOUs request that the Assigned
Commissioner and Administrative Law Judge grant the request for Alternative Dispute
Resolution.
2
The Consumer Federation of California submitted openings comments on December 17, 2014; and the
Safety and Enforcement Division submitted openings comments on December 18, 2014.
4
Pursuant to consent of the attorneys listed above, PG&E is authorized to file this Motion
on behalf of the Electric IOUs.
Respectfully submitted by Electric IOUs,
CHARLES R. LEWIS, IV
By: /s/ Charles R. Lewis, IV
CHARLES R. LEWIS, IV
Pacific Gas and Electric Company
77 Beale Street, B30A
San Francisco, CA 94105
Telephone:
(415) 973-6611
Facsimile:
(415) 973-0516
E-Mail:
crl2@pge.com
Attorneys for
PACIFIC GAS AND ELECTRIC COMPANY
Dated: April 29, 2015
5
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking Regarding the
Applicability of the Commission’s Right-ofWay Rules to Commercial Mobile Service
Carriers
Rulemaking 14-05-001
(Filed: May 1, 2014)
CERTIFICATE OF SERVICE
I, the undersigned, state that I am a citizen of the United States and am employed in the
City and County of San Francisco; that I am over the age of eighteen (18) years and not a party
to the within cause; and that my business address is 77 Beale Street, San Francisco, California
94105.
On April 29, 2015, I served a true copy of:
JOINT REQUEST OF PACIFIC GAS AND ELECTRIC COMPANY (U 39-E),
SAN DIEGO GAS AND ELECTRIC COMPANY (U 902-E), AND
SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E)
FOR ALTERNATIVE DISPUTE RESOLUTION
on the official service list for R.14-05-001 by electronic mail for those who have
provided an e-mail address and by U.S. mail for those who have not.
I certify and declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed in San Francisco, California on April 29, 2015.
/s/
Annabel Striplin
CPUC - Service Lists - R1405001
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Parties
D. ZACHARY CHAMP
GOVERNMENT AFFAIRS COUNSEL
PCIA-THE WIRELESS INFRASTRUCTURE ASSN.
500 MONTGOMERY ST., STE/ 500
ALEXANDRIA, VA 22314
FOR: PCIA - THE WIRELESS
INFRASTRUCTRURE ASSOCIATION AND THE
HETNET FORUM (A MEMBERSHIP SECTION OF
PCIA)
EDWARD MOLDAVSKY
CALIF PUBLIC UTILITIES COMMISSION
LEGAL DIVISION
320 West 4th Street Suite 500
Los Angeles, CA 90013
FOR: SED
JULIAN K. QUATTLEBAUM
CHANNEL LAW GROUP
207 E. BROADWAY, STE. 201
LONG BEACH, CA 90802-4323
FOR: CALIFORNIA WIRELESS ASSOCIATION
(CWA)
GLORIA ING
ATTORNEY AT LAW
SOUTHERN CALIFORNIA EDISON COMPANY
2244 WALNUT GROVE AVE./PO BOX 800
ROSEMEAD, CA 91770
FOR: SOUTHERN CALIFORNIA EDISON COMPANY
ROBERT F. LEMOINE
SOUTHERN CALIFORNIA EDISON COMPANY
2244 WALNUT GROVE AVE./ PO BOX 800
ROSEMEAD, CA 91770
FOR: SOUTHERN CALIFORNIA EDISON COMPANY
JOHN A. PACHECO
ATTORNEY
SAN DIEGO GAS & ELECTRIC COMPANY
101 ASH STREET, HQ12B
SAN DIEGO, CA 92101-3017
FOR: SAN DIEGO GAS & ELECTRIC COMPANY
SCOTT LOGAN
CALIF PUBLIC UTILITIES COMMISSION
ENERGY COST OF SERVICE & NATURAL GAS BRA
ROBERT FINKELSTEIN
GENERAL COUNSEL
THE UTILITY REFORM NETWORK
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CPUC - Service Lists - R1405001
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ROOM 4108
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3214
FOR: ORA
785 MARKET ST., STE. 1400
SAN FRANCISCO, CA 94103
FOR: THE UTILITY REFORM NETWORK
DAVID J. MILLER
AT&T MOBILITY WIRELESS OP. HOLDINGS, LLC
525 MARKET STREET, ROOM 2018
SAN FRANCISCO, CA 94105
FOR: AT&T MOBILITY WIRELESS OPERATIONS
HOLDINGS, LLC
CHARLES R. LEWIS, IV
ATTORNEY
PACIFIC GAS AND ELECTRIC COMPANY
77 BEALE ST, B30A / PO BOX 7442
SAN FRANCISCO, CA 94105-7442
FOR: PACIFIC GAS AND ELECTRIC COMPANY
NICOLE JOHNSON
REGULATORY ATTORNEY
CONSUMER FEDERATION OF CALIFORNIA
150 POST ST., STE. 442
SAN FRANCISCO, CA 94108
FOR: CONSUMER FEDERATION OF CALIFORNIA
JEANNE B. ARMSTRONG
ATTORNEY
GOODIN MACBRIDE SQUERI DAY & LAMPREY LLP
505 SANSOME STREET, SUITE 900
SAN FRANCISCO, CA 94111
FOR: CTIA - THE WIRELESS ASSOCIATION
ANITA TAFF-RICE
ATTORNEY
ICOMMLAW
1547 PALOS VERDES, NO. 298
WALNUT CREEK, CA 94597
FOR: GOOGLE, INC.
NATASHA C. ERNST
JOINT VENTURE: SILICON VALLEY
100 W. SAN FERNANDO ST., STE. 310
SAN JOSE, CA 95113
FOR: JOINT VENUTURE: SILICON VALLEY &
THE CALIFORNIA WIRELESS ASSCIATION
LANDIS MARTILLA
IBEW LOCAL 1245
30 ORANGE TREE CIRCLE
VACAVILLE, CA 95687
FOR: INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS (IBEW)
JEROME F. CANDELARIA
CAL. CABLE & TELECOMMUNICATIONS ASSN.
1001 K STREET, 2ND FLOOR
SACRAMENTO, CA 95814-3832
FOR: CALIFORNIA CABLE &
TELECOMMUNICATION ASSOCIATION (CCTA)
Information Only
CASE COORDINATION
PACIFIC GAS AND ELECTRIC COMPANY
EMAIL ONLY
EMAIL ONLY, CA 00000
CATHIE ALLEN
REGULATORY MGR.
PACIFICORP
EMAIL ONLY
EMAIL ONLY, OR 00000
IGOR GRINBERG
PACIFIC GAS AND ELECTRIC COMPANY
OPERATIONS & SAFETY
EMAIL ONLY
EMAIL ONLY, CA 00000
MICHELLE MISHOE
SENIOR COUNSEL
PACIFICORP
EMAIL ONLY
EMAIL O NLY, CA 00000
PATRICIA ROBBINS
DAVIS WRIGHT TREMAINE LLP
EMAIL ONLY
EMAIL ONLY, CA 00000
DAVIS WRIGHT & TREMAINE LLP
EMAIL ONLY
EMAIL ONLY, CA 00000
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MARK A. HOLLISTER
DIRECTOR OF PST&D
LOS ANGELES DEPT. OF WATER AND POWER
111 N. HOPE STREET, RM 1149
LOS ANGELES, CA 90012-2694
GREGORY HEALY
REGULATORY CASE MGR.
SOUTHERN CALIFORNIA GAS COMPANY
555 WEST FIFTH STREET, GT14D6
LOS ANGELES, CA 90013-1011
JESUS G. ROMAN
ASSISTANT GENERAL COUNSEL
VERIZON CALIFORNIA, INC.
2535 W. HILLCREST DR., 2ND FL.
NEWBURY PARK, CA 91320
L. JACQUE LOPEZ
VERIZON CALIFORNIA, INC.
LEGAL DEPT
2535 W. HILLCREST DRIVE, CAM21LB
NEWBURY PARK, CA 91320
LORRAINE A. KOCEN
STATE GOVERNMENT AFFAIRS
VERIZON CALIFORNIA INC.
2535 W. HILLCREST DRIVE
NEWBURY PARK, CA 91320
CASE ADMINISTRATION
SOUTHERN CALIFORNIA EDISON COMPANY
2244 WALNUT GROVE AVENUE / PO BOX 800
ROSEMEAD, CA 91770
NGUYEN QUAN
BEAR VALLEY ELECTRIC SERVICE
630 EAST FOOTHILL BLVD.
SAND IMAS, CA 91773
ESTHER NORTHRUP
COX COMMUNICATIONS
5651 COPLEY DRIVE
SAN DIEGO, CA 92111-7903
REBECCA GILES
SDG&E AND SOCALGAS
8330 CENTURY PARK COURT - CP32D
SAN DIEGO, CA 92123
CENTRAL FILES
SAN DIEGO GAS & ELECTRIC COMPANY
8330 CENTURY PARK CT, CP31-E
SAN DIEGO, CA 92123-1530
HARVEY Y. MORRIS
CALIF PUBLIC UTILITIES COMMISSION
LEGAL DIVISION
ROOM 5036
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3214
FOR: ORA
AICHI NGUYEN
PACIFIC GAS AND ELECTRIC COMPANY
77 BEALE STREET, RM. 1052 (B10B)
SAN FRANCISCO, CA 94105
FASSIL FENIKILE
DIRECTOR-REGULATORY
AT&T MOBILITY
525 MARKET STREET, ROOM 1925
SAN FRANCISCO, CA 94105
GWEN JOHNSON
AT&T MOBILITY
525 MARKET STREET, SUITE 1927
SAN FRANCISCO, CA 94105
KRISTIN JACOBSON
SPRINT
201 MISSION STREET, SUITE 1400
SAN FRANCISCO, CA 94105
MICHELLE CHOO
AT&T SERVICES, INC.
525 MARKET STREET, 20TH FL.
SAN FRANCISCO, CA 94105
ROSS JOHNSON
AT&T SERVICES
525 MARKET STREET, RM. 1944
SAN FRANCISCO, CA 94105
MARGARET TOBIAS
ATTORNEY AT LAW
TOBIAS LAW OFFICE
460 PENNSYLVANIA AVE
SAN FRANCISCO, CA 94107
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DONALD P. HILLA
SR. REGULATORY COUNSEL
CONSUMER FEDERATION OF CALIFORNIA
150 POST ST., STE. 442
SAN FRANCISCO, CA 94108
CATHERINE BERTE
PERKINS COIE, LLP
4 EMBARCADERO CENTER, SUITE 2400
SAN FRANCISCO, CA 94111
MARK P. SCHREIBER
COOPER, WHITE & COOPER, LLP
201 CALIFORNIA STREET, 17TH FLOOR
SAN FRANCISCO, CA 94111
JAMES W. MCTARNAGHAN
PERKINS COIE LLP
FOUR EMBARCADERO CTR., STE. 2400
SAN FRANCISCO, CA 94111-4131
FOR: TIME WARNER CABLE
SUZANNE TOLLER
ATTORNEY AT LAW
DAVIS WRIGHT TREMAINE
505 MONTGOMERY STREET, SUITE 800
SAN FRANCISCO, CA 94111-6533
CALIFORNIA ENERGY MARKETS
425 DIVISADERO ST. STE 303
SAN FRANCISCO, CA 94117-2242
STEVE DANNECKER
PACIFIC GAS AND ELECTRIC COMPANY
PO BOX 770000, MC-N10D
SAN FRANCISCO, CA 94177
LEON M. BLOOMFIELD
LAW OFFICES OF LEON M. BLOOMFIELD
1901 HARRISON ST., STE. 1620
OAKLAND, CA 94612
JAMES WEIL
DIRECTOR
AGLET CONSUMER ALLIANCE
PO BOX 866
NOVATO, CA 94948
FOR: THE UTILITY REFORM NETWORK
RICHARD H. LEVIN
ATTORNEY AT LAW
309 SOUTH MAIN ST., STE.202 / PO BOX 240
SEBASTOPOL, CA 95473-0240
CHARLIE BORN
FRONTIER COMMUNICATIONS
9260 E. STOCKTON BLVD.
ELK GROVE, CA 95624-1456
JACQUELINE R. KINNEY
PRINCIPAL CONSULTANT
SENATE COMMITTEE ENERGY, UTILITIES & COM
STATE CAPITOL, ROOM 5046
SACRAMENTO, CA 95814
JEDEDIAH J. GIBSON
ATTORNEY AT LAW
ELLISON SCHNEIDER & HARRIS LLP
2600 CAPITOL AVENUE, SUITE 400
SACRAMENTO, CA 95816-5905
HEIDE CASWELL
PACIFICORP
825 NE MULTNOMAH STREET, SUITE 1500
PORTLAND, OR 97232
State Service
LIZ PODOLINSKY
CALIFORNIA PUBLIC UTILITIES COMMISSION
EMAIL ONLY
EMAIL ONLY, CA 00000
MICHAEL MINKUS
CPUC - EXECUTIVE DIV.
EMAIL ONLY
EMAIL ONLY, CA 00000
RAFFY STEPANIAN
CALIFORNIA PUBLIC UTILITIES COMMISSION
EMAIL ONLY
RAYMOND CHO
CPUC - SED
EMAIL ONLY
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00000
Page 5 of 5
EMAIL ONLY, CA
00000
FADI DAYE
CALIF PUBLIC UTILITIES COMMISSION
ELECTRIC SAFETY AND RELIABILITY BRANCH
320 West 4th Street Suite 500
Los Angeles, CA 90013
CHARLOTTE TERKEURST
CALIF PUBLIC UTILITIES COMMISSION
ELECTRIC SAFETY AND RELIABILITY BRANCH
AREA
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3214
CHRIS WITTEMAN
CALIF PUBLIC UTILITIES COMMISSION
LEGAL DIVISION
ROOM 5028
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3214
TIMOTHY KENNEY
CALIF PUBLIC UTILITIES COMMISSION
DIVISION OF ADMINISTRATIVE LAW JUDGES
ROOM 5015
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3214
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