BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Transcription

1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Investigation on the Commission s Own Motion into the Operations and Practices of Southern California Edison Company (U338-E), Cellco Partnership LLC dba Verizon Wireless, Sprint Communications Company LP, NextG Networks of California Inc. and Pacific Bell Telephone Company dba AT&T California and AT&T Mobility LLC Regarding the Utility Facilities and the Canyon Fire in Malibu of October I (Filed January 29, 2009) REPLY COMMENTS OF SOUTHERN CALIFORNIA EDISON COMPANY (U-338E) ON PROPOSED DECISION CONDITIONALLY APPROVING THE NEXTG SETTLEMENT AGREEMENT Brian A. Cardoza 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California Telephone: (626) Facsimile: (626) brian.cardoza@sce.com Charles C. Read Haley McIntosh JONES DAY 555 S. Flower Street Los Angeles, California Telephone: (213) Facsimile: (213) ccread@jonesday.com Attorneys for SOUTHERN CALIFORNIA EDISON COMPANY September 9, 2013

2 Pursuant to Rule 14.3 of the California Public Utilities Commission s Rules of Practice and Procedure, Southern California Edison Company ( SCE ) hereby provides reply comments on the Proposed Decision Conditionally Approving the Settlement Agreement between the NextG Networks of California, Inc. ( NextG ) and the Safety and Enforcement Division ( SED ). In its opening comments, SCE joined the Amicus Brief of AT&T Mobility, Verizon California Inc., T-Mobile West LLC dba T-Mobile, CTIA The Wireless Association, Comcast Phone of California, LLC, Sunesys LLC, California Cable and Telecommunications Association, and San Diego Gas & Electric Company ( Amicus Brief ), filed on August 30, 2013, 1 and requested the modifications to the Proposed Decision set forth in Appendix A of the Amicus Brief. The only other opening comments were filed by AT&T Mobility LLC, Cellco Partnership LLP dba Verizon Wireless, and Sprint Telephony PCS, L.P (together, Settling Respondents ), NextG, and Intervenor Hans Laetz. SCE fully supports the comments of the Settling Respondents, which in turn endorse the language changes recommended by amici curiae. It is now clear that no fewer than a dozen entities responsible for utility pole construction, maintenance and repair or replacement share the view that the language of the Proposed Decision should be modified in a relatively few locations. The purpose of these changes is not to cause the Proposed Decision to adopt the General Order ( GO ) 95 interpretation held by SCE and all of these utilities but rather to preserve the interpretation issues for resolution in the Fire Safety Rulemaking, R On September 6, 2013, the Administrative Law Judge issued a ruling granting amici curiae s motion to appear and to file comments on the Proposed Decision. 1

3 SCE s remaining reply comments respond to Mr. Laetz s comments, which object to the points in the Amicus Brief. First, Mr. Laetz defends the Proposed Decision s language requiring poles and attachments to withstand maximum reasonably foreseeable Santa Ana windstorms. He argues that there is no legal reason why NextG and SED could not agree on construction standards above the minimums set by GO 95. (Laetz Comments at 2). While he is right that parties may voluntarily agree to higher standards than required by GO 95, in this case, they did not. It is the Proposed Decision and not the Settlement Agreement that added this requirement. As set forth by amici curiae, variability in wood strength makes it impossible to guarantee that all poles can withstand a given local condition. Second, Mr. Laetz argues that a standard based on maximum winds is essential to the Proposed Decision and should not be deleted. (Laetz Comments at 3). He again inaccurately suggests that NextG and SED agreed to a higher standard than that set forth in GO 95. (Id. at 2-3). Reviewing the Settlement Agreement, it is clear that they did not. Finally, in response to the Amicus Brief s recommendation regarding the modification of statements in the Proposed Decision regarding the multiplication of wind loads and safety factors, Mr. Laetz responds that the Commission clearly decided this issue last year when it indicated that Joint Utilities have not presented a reasonable justification for revising Rule 48. (Laetz Comments at 3). It is true that the Commission did not change Rule 48 in D , but this misses the point. The opening comments of amici curiae and SCE relate to the disputed interpretation of the current text of GO 95 not a future change to the Rule. SCE recognizes that the phrase, will not fail, appears in Rule 48, but Rule 48 also states that the ultimate strength value for wood is based upon values referenced in the U.S. Department of Agriculture Wood Handbook. The Handbook values are average strength values for given 2

4 categories of wood. This means a wood pole of at least average strength will not fail, but poles below that average may comply with Rule 48 and still fail. SCE recognizes that not all parties in the Rulemaking have accepted this logic, but that is why the issue should be resolved in that proceeding and not in a decision approving the NextG-SED settlement agreement. Testimony in the record this proceeding makes clear that utilities are not currently interpreting GO 95 as set forth in the Proposed Decision much less designing and constructing poles and attachments using these higher standards. As explained in SCE s testimony, trying to design overhead wood structures in a futile effort to meet an absolute will not fail interpretation would require a quadrupled safety factor for new construction that would essentially double the cost of overhead construction for ratepayers. Disputes in interpreting GO 95 with such enormous cost consequences should be heard and resolved in a rulemaking and not in a decision approving a settlement with a single party. 3

5 SCE again respectfully requests the modifications to the Proposed Decision set forth in Appendix A of the Amicus Brief and in SCE s opening comments. Dated: September 9, 2013 Respectfully submitted, s Charles C. Read Charles C. Read Haley McIntosh JONES DAY 555 S. Flower Street Los Angeles, California Telephone: (213) Facsimile: (213) ccread@jonesday.com Brian A. Cardoza 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California Telephone: (626) Facsimile: (626) brian.cardoza@sce.com Attorneys for SOUTHERN CALIFORNIA EDISON COMPANY LAI v1 4

6 CERTIFICATE OF SERVICE I hereby certify that, pursuant to the Commission s Rules of Practice and Procedure, I have this day served a true copy of RELY COMMENTS OF SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E) ON PROPOSED DECISION CONDITIONALLY APPROVING THE NEXTG SETTLEMENT AGREEMENT on all parties identified on the attached service list(s) I Service was effected by one or more means indicated below: Transmitting the copies via to all parties who have provided an e- mail address. Placing the copies in sealed envelopes and causing such envelopes to be delivered by hand or by overnight courier to the offices of the Commissioner(s) or other addressee(s). ALJ Timothy Kenney CPUC 505 Van Ness Avenue San Francisco, CA Commissioner Carla Peterman CPUC 505 Van Ness Ave. San Francisco, CA Placing copies in properly addressed sealed envelopes and depositing such copies in the United States mail with first-class postage prepaid to all parties for those listed on the attached non- list. Directing Prographics to place the copies in properly addressed sealed envelopes and to deposit such envelopes in the United States mail with first-class postage prepaid to all parties. Executed this September 9, 2013, at Rosemead, California. s Henry Romero Henry Romero Project Analyst SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770

7 CPUC - Service Lists - I Page 1 of CPUC Home CALIFORNIA PUBLIC UTILITIES COMMISSION Service Lists PROCEEDING: I CPUC - OII INTO THE FILER: CPUC LIST NAME: LIST LAST CHANGED: SEPTEMBER 9, 2013 DOWNLOAD THE COMMA-DELIMITED FILE ABOUT COMMA-DELIMITED FILES Back to Service Lists Index Parties HANS LAETZ, J.D. BRIAN CARDOZA ZUMA IMPACT LLC ATTORNEY 6402 SURFSIDE WAY SOUTHERN CALIFORNIA EDISON COMPANY MALIBU, CA WALNUT GROVE AVENUE FOR: HANS LAETZ ROSEMEAD, CA FOR: SOUTHERN CALIFORNIA EDISON COMPANY HARVEY Y. MORRIS GRETA BANKS AT&T COMMUNICATIONS OF CALIFORNIA LEGAL DIVISION 525 MARKET STREET, 19TH FLOOR ROOM 5036 SAN FRANCISCO, CA VAN NESS AVENUE FOR: AT&T COMMUNICATIONS OF CALIFORNIA, SAN FRANCISCO, CA INC. FOR: SED PETER W. HANSCHEN STEPHEN KUKTA ATTORNEY AT LAW DIRECTOR - STATE REGULATORY MORRISON & FOERSTER LLP SPRINT COMMUNICATIONS COMPANY, LP (5113) 425 MARKET STREET 201 MISSION STREET, SUITE 1500 SAN FRANCISCO, CA SAN FRANCISCO, CA FOR: CELLCO PARTNERSHIP LLP DBA FOR: SPRINT COMMUNICATIONS COMPANY, LLC VERIZON WIRELESS WALID ABDUL-RAHIM THOMAS J. MACBRIDE, JR. AT&T SERVICES INC. ATTORNEY AT LAW 525 MARKET STREET, ROOM 2024 GOODIN MACBRIDE SQUERI DAY & LAMPREY LLP SAN FRANCISCO, CA SANSOME STREET, SUITE 900

8 CPUC - Service Lists - I Page 2 of FOR: AT&T SERVICES, INC.NEW CINGULAR SAN FRANCISCO, CA WIRELESS PCS, LLC FOR: CROWN CASTLE NG WEST, INC. (FORMERLY NEXTG NETWORKS OF CALIFORNIA, INC.) EARL NICHOLAS SELBY ANITA TAFF-RICE LAW OFFICES OF EARL NICHOLAS SELBY COUNSEL 530 LYTTON AVENUE, 2ND FLOOR CALTEL PALO ALTO, CA PALOS VERDES, 298 FOR: SPRINT NEXTELSPRINT NEXTEL WALNUT CREEK, CA TELEPHONY PCS, LP FOR: CALIFORNIA ASSOCIATION OF COMPETITIVE TELECOMMUNICATIONS COMPANY CYNTHIA MANHEIM GENERAL ATTORNEY CINGULAR WIRELESS SERVICES, LLC NE 72ND WAY, ROOM RTC 1 REDMOND, WA FOR: AT&T Information Only BARBARA H. CLEMENT CASE COORDINATION PACIFIC GAS AND ELECTRIC COMPANY PACIFIC GAS AND ELECTRIC COMPANY, CA 00000, CA JAMES OLIVA MARLO GO STROUD MORRISON & FOERSTER GOODIN MACBRIDE SQUERI DAY & LAMPREY, CA 00000, CA FOR: NEXTG NETWORKS OF CALIFORNIA, INC. ROBERT A. MILLAR WAYLON PICKETT SR. REGULATORY COUNSEL GROTEFELD & HOFFMAN LLP CROWN CASTLE ONLUY, CA 00000, CA DAVIS WRIGHT TREMAINE LLP CHARLES READ, CA 00000, CA FOR: SOUTHERN CALIFORNIA EDISON WILLIAM D. WALLACE J. SCOTT KUHN SENIOR COUNSEL COUNTY OF LOS ANGELES VERIZON WIRELESS KENNETH HAHN HALL OF ADMINISTRATION 1300 I STREET, NW SUITE 400 WEST 500 W. TEMPLE STREET, RM 648 WASHINGTON, DC LOS ANGELES, CA DAN MARMALEFSKY MORRISON & FOERSTER LLP ROSANA MIRAMONTES CALIFORNIA DEPARTMENT OF JUSTICE

9 CPUC - Service Lists - I Page 3 of W. 5TH., SUITE S. SPRING STREET LOS ANGELES, CA LOS ANGELES, CA FOR: CELLCO PARTNERSHIP LLP DBA VERIZON WIRELESS THOMAS HELLER HALEY MCINTOSH CALIFORNIA DEPARTMENT OF JUSTICE JONES DAY 300 S. SPRING STREET 555 S. FLOWER ST., 50TH FLOOR LOS ANGELES, CA LOS ANGELES, CA MARTHA MANRIQUEZ CRAIG HUNTER JONES DAY ATTORNEY AT LAW 555 S. FLOWER ST., 50TH FLOOR WILSON ELSER MOSKOWITZ EDELMAN & DICKER LOS ANGELES, CA S. FLOWER STREET, SUITE 2900 LOS ANGELES, CA JACQUE LOPEZ JESUS G. ROMAN VERIZON VERIZON CALIFORNIA, INC.(U 1002 C) 2535 W. HILLCREST DR., CAM21LB 2535 W. HILLCREST DR., 2ND FLOOR NEWBURY PARK, CA NEWBURY PARK, CA LORRAINE A. KOCEN TIMOTHY HANIGAN VERIZON CALIFORNIA, INC. LANG HANIGAN & CARVALHO, LLP 2535 W. HILLCREST DRIVE, CAM21LS OXNARD STREET., STE. 760 NEWBURY PARK, CA WOODLAND HILLS, CA CASE ADMINISTRATION DAVID MEAD SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA EDISON COMPANY LAW DEPT WALNUT GROVE AVE., PO BOX WALNUT GROVE AVENUE ROSEMEAD, CA ROSEMEAD, CA JAMES M. LEHRER ROBERT F. LEMOINE SENIOR ATTORNEY ATTORNEY AT LAW SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA EDISON COMPANY 2244 WALNUT GROVE AVENUE 2244 WALNUT GROVE AVE. SUITE 346L ROSEMEAD, CA ROSEMEAD, CA SHAWN CAINE LARRY DAVIS LAW OFFICE OF SHAWN CAINE SAN DIEGO GAS & ELECTRIC COMPANY 1221 CAMINO DEL MAR 101 ASH STREET DEL MAR, CA SAN DIEGO, CA KEVIN O'BEIRNE WENDY KEILANI SAN DIEGO GAS & ELECTRIC COMPANY REGULATORY CASE MGR CENTURY PARK COURT, CP32D SAN DIEGO GAS & ELECTRIC COMPANY SAN DIEGO, CA CENTURY PARK COURT, CP32D SAN DIEGO, CA MICHAEL BAGLEY CRAIG SIMON VERIZON WIRELESS BERGER KAHN SAND CANYON AVENUE 2 PARK PLAZA, SUITE 650 IRVINE, CA IRVINE, CA 92614

10 CPUC - Service Lists - I Page 4 of SUSAN MUNCEY EDWARD MCGAH BERGER KAHN VERIZON WIRELESS 2 PARK PLAZA, SUITE SAN CANYON AVENUE, E305 IRVINE, CA IRVINE, CA GREG GRIZZEL JAMES CONOR DOYLE CAL FIRE PACIFIC GAS & ELECTRIC COMPANY 1234 E. SHAW AVENUE 77 BEALE ST., B10B FRESNO, CA SAN FRANCISCO, CA DAVID P. DISCHER HUGH OSBORNE ATTORNEY AT LAW AT&T CALIFORNIA AT&T COMMUNICATIONS OF CALIFORNIA, INC 525 MARKET STREET, 20TH FLOOR 525 MARKET ST., RM SAN FRANCISCO, CA SAN FRANCISCO, CA FOR: PACIFIC BELL TELEPHONE COMPANY (DBA AT&T CALIFORNIA) (U 1001 C) KRISTIN L. JACOBSON, ESQ. ROSS JOHNSON REGULATORY COUNSEL AREA MGR - REGULATORY SPRINT NEXTEL CORPORATION AT&T CALIFORNIA 201 MISSION STREET, SUITE MARKET STREET, 19TH FL, RM 1944 SAN FRANCISCO, CA SAN FRANCISCO, CA RUDY REYES, ESQ. THOMAS SELHORST ASSIST. GEN. COUNSEL SR. PARALEGAL VERIZON CALIFORNIA, INC. AT&T SERVICES, INC. 201 SPEAR STREET, 7TH FLOOR 525 MARKET STREET, 20TH FLR, RM 2023 SAN FRANCISCO, CA SAN FRANCISCO, CA MARGARET L. TOBIAS SARAH DEYOUNG TOBIAS LAW OFFICE EXECUTIVE DIRECTOR 460 PENNSYLVANIA AVENUE CALTEL SAN FRANCISCO, CA CALIFORNIA ST., STE SAN FRANCISCO, CA HILARY CORRIGAN CALIFORNIA ENERGY MARKETS CALIFORNIA ENERGY MARKETS 425 DIVISADERO ST. STE DIVISADERO STREET, SUITE 303 SAN FRANCISCO, CA SAN FRANCISCO, CA REGULATORY FILE ROOM CALIFORNIA ENERGY MARKETS PACIFIC GAS AND ELECTRIC COMPANY 425 DIVISADERO STREET, SUITE 303 PO BOX 7442 SAN FRANCISCO, CA SAN FRANCISCO, CA ROBERT L. DELSMAN CATHIE ALLEN CROWN CASTLE NG WEST, INC. PACIFICORP 1360 GRIZZLY PEAK BLVD. 825 NE MULTNOMAH STREET, STE 2000 BERKELEY, CA PORTLAND, OR 97232

11 CPUC - Service Lists - I Page 5 of HEIDE CASWELL PACIFICORP 825 NE MULTNOMAH STREET, SUITE 1500 PORTLAND, OR State Service NIKI BAWA RACHEL PETERSON CALIFORNIA PUBLIC UTILITIES COMMISSION CPUC, CA 00000, CA EDWARD MOLDAVSKY FADI DAYE LEGAL DIVISION ELECTRIC SAFETY AND RELIABILITY BRANCH 320 West 4th Street Suite West 4th Street Suite 500 Los Angeles, CA Los Angeles, CA FOR: CPSD KAN WAI TONG MICHAEL ROBERTSON GAS SAFETY AND RELIABILITY BRANCH GAS SAFETY AND RELIABILITY BRANCH 320 West 4th Street Suite West 4th Street Suite 500 Los Angeles, CA Los Angeles, CA PEJMAN MOSHFEGH RAFFY STEPANIAN UTILITY & PAYPHONE ENFORCEMENT BRANCH SAFETY AND ENFORCEMENT DIVISION 320 West 4th Street Suite West 4th Street Suite 500 Los Angeles, CA Los Angeles, CA RAYMOND G. FUGERE JULIE HALLIGAN ELECTRIC SAFETY AND RELIABILITY BRANCH DIVISION OF ADMINISTRATIVE LAW JUDGES 320 West 4th Street Suite 500 ROOM 5041 Los Angeles, CA VAN NESS AVENUE SAN FRANCISCO, CA LAUREN SAINE LINDA J. WOODS CONSUMER PROGRAMS BRANCH UTILITY & PAYPHONE ENFORCEMENT BRANCH AREA 2-F AREA 2-A 505 VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA RAHMON MOMOH ROBERT ELLIOTT UTILITY & PAYPHONE ENFORCEMENT BRANCH INFRASTRUCTURE PLANNING AND PERMITTING B AREA 2-E AREA 4-A 505 VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA

12 CPUC - Service Lists - I Page 6 of ROBERT MASON SEPIDEH KHOSROWJAH DIVISION OF ADMINISTRATIVE LAW JUDGES EXECUTIVE DIVISION ROOM 5107 ROOM VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA TIMOTHY KENNEY TRACI BONE DIVISION OF ADMINISTRATIVE LAW JUDGES LEGAL DIVISION ROOM 5015 ROOM VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA TOP OF PAGE BACK TO INDEX OF SERVICE LISTS