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 d/b/a Verizon Wireless, Sprint Communications Company LP, NextG Networks of California Inc. and Pacific Bell Telephone Company d/b/a 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) OPENING COMMENTS OF SOUTHERN CALIFORNIA EDISON COMPANY (U-338E) ON PROPOSED DECISION CONDITIONALLY APPROVING THE SOUTHERN CALIFORNIA EDISON COMPANY SETTLEMENT AGREEMENT REGARDING THE MALIBU CANYON FIRE 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 5, 2013

2 TABLE OF CONTENTS INTRODUCTION... 1 DISCUSSION... 2 A. B. C. Recommendations Regarding Proposed Decision s Interpretation of GO 95 Requiring Wood Poles to Withstand Santa Ana Windstorms...2 Recommendations Regarding Proposed Decision s Interpretation of GO 95 Regarding the Multiplication of Wind Load Values and Safety Factors... 2 Recommendation Regarding Proposed Decision s Reference to Upgrades In High Wind Areas... 3 CONCLUSION... 3 APPENDIX A... A-1 APPENDIX B... B-1 i

3 INTRODUCTION Pursuant to Rule 14.3 of the California Public Utilities Commission s Rules of Practice and Procedure, Southern California Edison Company ( SCE ) hereby provides opening comments on the Proposed Decision of Administrative Law Judge ( ALJ ) Kenney Conditionally Approving the Settlement Agreement between SCE and the Safety and Enforcement Division ( SED ). SCE supports the Proposed Decision and accepts the conditions imposed by the Proposed Decision s Order. However, SCE also joins the proposed Amicus Brief of Pacific Bell Telephone Company (dba AT&T California), 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 September 5, 2013, and respectfully requests modifications to the Proposed Decision set forth in Appendix A of the Amicus Brief, all of which relate to disputed interpretations of General Order ( GO ) 95 that are under discussion in Phase 3 of Rulemaking These issues are appropriately decided there, not in a Proposed Decision related to one company. Moreover, evidence in this proceeding related to these issues was contested, and the issues were not resolved in the Settlement Agreement of SCE and SED (or in other Settlement Agreements in this proceeding). SCE further requests one modification to the Proposed Decision to clarify that in designated high wind areas, SCE uses a higher design standard not a higher safety factor. 1 Because SCE is requesting the same revisions to the Proposed Decision as set forth in Appendix A to the Amicus Brief, SCE has reattached that Appendix hereto.

4 DISCUSSION A. Recommendations Regarding Proposed Decision s Interpretation of GO 95 Requiring Wood Poles to Withstand Santa Ana Windstorms First, SCE requests that language in the Proposed Decision which requires wood poles to be designed, built, and maintained to withstand Santa Ana windstorms be replaced with language requiring the design, construction, and maintenance to take into account Santa Ana windstorms. (See Proposed Decision at 19, 26-27, 30, 47). Pursuant to Rule 31.1 of GO 95, the design and construction of poles must take into account known local conditions, but GO 95 does not require poles and attachments to withstand these conditions. Given the variation in wood strength, complying with such a requirement would be impossible. The testimony of SCE expert witness Andrew Stewart and SED witness Kan-Wai Tong offered different conclusions on these issues, which were not addressed or resolved in the SCE-SED Settlement Agreement. B. Recommendations Regarding Proposed Decision s Interpretation of GO 95 Regarding the Multiplication of Wind Load Values and Safety Factors Second, SCE requests that statements in the Proposed Decision that wind load values and safety factors should be multiplied together in conducting pole loading assessments be modified. (See Proposed Decision at 16-17, 19). 2 SCE s testimony explained that safety factors are not multiplied by the assumed horizontal wind pressure in Rule SED offered a contrary interpretation, and again, the Settlement Agreement does not resolve this dispute, nor should the Proposed Decision attempt to do so. 2 Similarly, SCE respectfully requests modification of statements in the Proposed Decision indicating that a safety factor of 4.0 equates to a wind load of 32 psf, that a safety factor of 2.67 equates to 21 psf, and that SCE s internal standard for new Grade A wood poles in Malibu Canyon is 36 psf. (See Proposed Decision at 17 & 27 n.20). 3 Rule 43.2(A) of GO 95 states that for light loading, A horizontal wind pressure of 8 pounds per square foot of projected area on cylindrical surfaces, and 13 pounds per square foot on flat surfaces shall be assumed. 2

5 C. Recommendation Regarding Proposed Decision s Reference to Upgrades In High Wind Areas SCE also requests that the term higher safety factor be replaced with higher design standard in footnote 21 of the Proposed Decision. In designated high wind areas, SCE uses a higher design standard or a higher wind pressure; it does not upgrade poles using a higher safety factor. (See Proposed Decision at 27 n.21). SCE has attached hereto as Appendix B its recommended changes to footnote 21 of the Proposed Decision. CONCLUSION SCE agrees with the Proposed Decision in that the design and construction of poles and their attachments must take into account known local conditions (GO 95, Rule 31.1), but disputes that GO 95 requires poles and attachments to withstand these conditions. Given the variation in wood strength, complying with such a requirement would be impossible. Similarly, SCE agrees with the Proposed Decision in that appropriate wind load values and safety factors must be used in the design and construction of poles. But SCE disputes any suggestion that these two factors should be multiplied together in conducting pole loading assessments. These issues are being actively debated in an ongoing rulemaking and should be resolved there. For these reasons, SCE respectfully requests the modifications to the Proposed Decision set forth in Appendix A of the Amicus Brief and attached hereto. The minor language changes proposed do not decide any of these issues; rather, they preserve these questions for resolution in the Rulemaking. 3

6 Finally, SCE requests one additional clarification to the Proposed Decision, to make clear that in designated high wind areas, SCE uses a higher design standard not a higher safety factor. Dated: September 5, 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 4

7 APPENDIX A

8

9 APPENDIX B

10 APPENDIX B Excerpt from Proposed Decision Conditionally Approving SCE Settlement Agreement With SCE s Additional Recommended Changes Page (n.21) For example, the safety audit that NextG will conduct under its Settlement Agreement might find a Grade A wood pole with a safety factor of less than 2.67, the minimum required by GO 95. NextG, in conjunction with the pole owner(s), would increase the safety factor of this pole to at least 2.67 under its Settlement Agreement. However, if this pole is in a high-wind area designated by SCE, the pole would be upgraded using a higher design standard higher safety factor under the SCE Settlement Agreement. In this case, the higher design standard safety factor would apply and be implemented by SCE under its Settlement Agreement, and not by NextG under its Settlement Agreement. LAI v1 B-1

11 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 OPENING COMMENTS OF SOUTHERN CALIFORNIA EDISON COMPANY (U-338E) ON PROPOSED DECISION CONDITIONALLY APPROVING THE SOUTHERN CALIFORNIA EDISON COMPANY SETTLEMENT AGREEMENT REGARDING THE MALIBU CANYON FIRE 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 Ave 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 5, 2013, at Rosemead, California. _/s/michal Odorczuk Michal Odorczuk Project Analyst SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770

12 CPUC - Service Lists - I Page 1 of 6 9/5/2013 CPUC Home CALIFORNIA PUBLIC UTILITIES COMMISSION Service Lists PROCEEDING: I CPUC - OII INTO THE FILER: CPUC LIST NAME: LIST LAST CHANGED: SEPTEMBER 4, 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 D/B/A 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

13 CPUC - Service Lists - I Page 2 of 6 9/5/2013 FOR: AT&T SERVICES, INC./NEW CINGULAR SAN FRANCISCO, CA WIRELESS PCS, LLC FOR: NEXTG NETWORKS OF CALIFORNIA 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 NEXTEL/SPRINT 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 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 ROSANA MIRAMONTES MORRISON & FOERSTER LLP CALIFORNIA DEPARTMENT OF JUSTICE 555 W. 5TH., SUITE S. SPRING STREET LOS ANGELES, CA LOS ANGELES, CA FOR: CELLCO PARTNERSHIP LLP D/B/A

14 CPUC - Service Lists - I Page 3 of 6 9/5/2013 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 SUSAN MUNCEY EDWARD MCGAH

15 CPUC - Service Lists - I Page 4 of 6 9/5/2013 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 (D/B/A 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 33 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 HEIDE CASWELL PACIFICORP 825 NE MULTNOMAH STREET, SUITE 1500

16 CPUC - Service Lists - I Page 5 of 6 9/5/2013 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 ROBERT MASON DIVISION OF ADMINISTRATIVE LAW JUDGES SEPIDEH KHOSROWJAH EXECUTIVE DIVISION

17 CPUC - Service Lists - I Page 6 of 6 9/5/2013 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