WEBVTT 00:00:06.880 --> 00:00:46.914 (music playing) 00:00:46.939 --> 00:00:50.189 Welcome to the California Public Utilities Commission 00:00:50.350 --> 00:00:52.920 Public voting meeting on this day, Thursday, April 00:00:52.929 --> 00:00:58.840 16, 2020. 00:00:58.840 --> 00:01:03.579 Good morning. We need to--this is President Batjer. 00:01:03.590 --> 00:01:06.670 We need to first establish a quorum before we begin. 00:01:06.859 --> 00:01:10.939 I would like to ask the agenda clerk to please call 00:01:10.939 --> 00:01:12.069 the roll. 00:01:12.094 --> 00:01:14.636 Good morning. Commissioner Shiroma? 00:01:14.661 --> 00:01:15.507 Present. 00:01:16.540 --> 00:01:19.803 Commissioner Guzman Aceves? 00:01:19.828 --> 00:01:20.891 Present. 00:01:20.890 --> 00:01:23.439 Commissioner Randolph? 00:01:23.439 --> 00:01:24.269 Present. 00:01:24.294 --> 00:01:26.759 Commissioner Rechtschaffen? 00:01:26.785 --> 00:01:27.551 Present. 00:01:27.576 --> 00:01:29.298 President Batjer? 00:01:29.879 --> 00:01:32.140 Present. 00:01:32.140 --> 00:01:38.159 Thank you. And a quorum has been established. 00:01:38.159 --> 00:01:41.250 Welcome to the California Public Utilities Commission. 00:01:41.670 --> 00:01:45.980 I am calling this meeting of April 16, 2020, Public 00:01:45.980 --> 00:01:51.810 Agenda Number 3459 to order. Last month, Governor 00:01:51.810 --> 00:01:55.709 Gavin Newsom issued a stay-at-home order to protect 00:01:55.719 --> 00:01:59.510 the health and well-being of all Californians and to 00:01:59.510 --> 00:02:03.459 establish consistency across the state in order to 00:02:03.469 --> 00:02:09.520 slow the spread of COVID-19. As such, we're conducting 00:02:09.520 --> 00:02:13.349 today's business meeting online and by remote participation. 00:02:14.069 --> 00:02:17.550 This meeting is live streamed on the CPUC's website. 00:02:18.139 --> 00:02:30.914 You can view the meeting at www.adminmonitor.com/ca/cpuc 00:02:30.939 --> 00:02:42.576 Again, www.adminmonitor.com/ca/cpuc 00:02:42.601 --> 00:02:44.870 Public engagement is 00:02:44.870 --> 00:02:49.479 critical to the CPUC process. As the Operator stated, 00:02:50.030 --> 00:02:59.960 please dial into 1-800-857-1917 and enter passcode 00:03:00.349 --> 00:03:10.060 1673481, and press *1. Only if you wish to 00:03:10.060 --> 00:03:14.509 make a public comment. You will be placed into a queue 00:03:14.919 --> 00:03:18.550 and will be called upon to speak when you get to the, 00:03:18.550 --> 00:03:22.319 when we get to the Public Comment period of the 00:03:22.319 --> 00:03:27.599 agenda today. Email comments received by 10 AM, this 00:03:27.610 --> 00:03:31.490 morning, will be read by Public Advisor Allison Brown 00:03:31.770 --> 00:03:36.530 during the Public Comment period. Email comments received 00:03:36.539 --> 00:03:40.330 after 10 AM will be distributed to the Commissioners 00:03:40.550 --> 00:03:45.139 and senior management. 00:03:45.139 --> 00:03:50.610 We're experiencing unprecedented events. And COVID-19 00:03:50.620 --> 00:03:55.000 pandemic has disrupted everyone's lives. California 00:03:55.000 --> 00:03:58.729 was one of the first states to issue a statewide 00:03:58.729 --> 00:04:02.750 stay-at-home order. As a result of the early intervention 00:04:03.340 --> 00:04:06.699 and millions of Californians who are staying at home 00:04:06.710 --> 00:04:10.840 and practising social distancing, the latest COVID-19 00:04:10.840 --> 00:04:16.379 statistics show that the state is bending the curve. 00:04:17.230 --> 00:04:20.689 While this is encouraging, to use Governor Newsom's 00:04:20.689 --> 00:04:25.240 words, quote, "There is no light switch here." End of 00:04:25.250 --> 00:04:28.540 quote. When it comes to identifying a safe path forward 00:04:28.540 --> 00:04:33.029 for California, earlier this week, the Governor issued 00:04:33.089 --> 00:04:37.980 a Six Key Indicators document that will guide California 00:04:37.990 --> 00:04:42.689 thinking for when and how to modify to the stay-at-home 00:04:42.699 --> 00:04:46.560 and various orders during the COVID-19 pandemic. 00:04:47.339 --> 00:04:50.540 The Governor is also working with the states of Oregon 00:04:50.750 --> 00:04:54.850 and Washington on a shared approach for re-opening 00:04:54.860 --> 00:05:00.250 our economy. As Governor Newsom noted, any consideration 00:05:00.259 --> 00:05:04.910 of modifying the stay-at-home order must be done using 00:05:04.920 --> 00:05:09.680 science-based and data-driven frameworks. There is 00:05:09.689 --> 00:05:13.949 hope when we look at COVID-19 figures for California. 00:05:14.300 --> 00:05:18.170 However, we must stay vigilant in order to continue 00:05:18.170 --> 00:05:22.269 to bend and flatten the curve. We must continue to 00:05:22.279 --> 00:05:26.209 stay at home, except for the essential needs and activities. 00:05:26.740 --> 00:05:30.350 Practice social distancing, wash your hands with soap 00:05:30.350 --> 00:05:34.389 and water for a minimum of 20 seconds, and avoid touching 00:05:34.389 --> 00:05:39.439 your eyes, nose and mouth with unwashed hands. With 00:05:39.439 --> 00:05:43.149 the stay-at-home order, we've seen residential electric 00:05:43.160 --> 00:05:47.649 usage increase compared to the same period last year. 00:05:48.560 --> 00:05:51.889 At our last Cmmission mating, I highlighted a number 00:05:51.889 --> 00:05:55.949 of actions the CPUC is taking to protect California 00:05:55.949 --> 00:06:00.240 utility customers and ensure they continue to have 00:06:00.250 --> 00:06:05.850 access to critical services like energy and water, 00:06:06.050 --> 00:06:11.089 including a moratorium on disconnections of utility 00:06:11.100 --> 00:06:15.550 services for non-payment. Today, I'd like to update 00:06:15.879 --> 00:06:19.509 all of you on an additional actions, on the additional 00:06:19.509 --> 00:06:23.589 actions on our agenda that proposed to further the 00:06:23.589 --> 00:06:27.500 protections for customers, including accelerating the 00:06:27.500 --> 00:06:31.459 use of two current programs to reduce energy bills 00:06:31.740 --> 00:06:35.939 in April, May and June. And we'll issue proposals to 00:06:35.939 --> 00:06:39.680 change how residential bills are calculated to reduce 00:06:39.689 --> 00:06:43.370 energy bills throughout the remainder of COVID-19 00:06:43.370 --> 00:06:47.680 crisis. Also, I'd like to remind those who are struggling 00:06:47.680 --> 00:06:51.740 financially that California Alternate Rates for Energy, 00:06:51.750 --> 00:06:58.230 or CARE, program provides a 20 to 35% discount on utility 00:06:58.230 --> 00:07:02.129 bills. Many people who have recently lost their jobs 00:07:02.240 --> 00:07:06.120 will be eligible for this program. Customers can call 00:07:06.120 --> 00:07:09.709 their utility and their electric company, their gas 00:07:09.709 --> 00:07:13.600 company and asked to be enrolled. The Commission and 00:07:13.670 --> 00:07:17.129 the Commission understands that this crisis and its 00:07:17.139 --> 00:07:20.709 impact to customers will likely continue to evolve. 00:07:21.240 --> 00:07:25.139 And as the impacts change, I want to assure the public 00:07:25.360 --> 00:07:28.670 that this agency is committed to continuing to take 00:07:28.670 --> 00:07:32.660 the necessary actions to match the urgency and the 00:07:32.660 --> 00:07:38.170 gravity of the issue at hand. Finally, I would 00:07:38.170 --> 00:07:42.149 like to take a moment to thank the CPUC staff for their 00:07:42.149 --> 00:07:45.709 hard work and for making all the changes necessary 00:07:45.810 --> 00:07:49.980 so the Commission can continue to carry out its responsibilities 00:07:50.399 --> 00:07:55.209 to Californians in a timely manner. During this unprecedented 00:07:55.220 --> 00:07:59.300 event, CPUC is continuing to perform critical functions 00:07:59.310 --> 00:08:03.720 needed to maintain public safety, ensure customer protection, 00:08:04.079 --> 00:08:07.810 oversee essential mitigation planning for the upcoming 00:08:07.810 --> 00:08:12.250 wildfire season, and perform all statutory obligations 00:08:12.339 --> 00:08:16.620 within our regulatory authority. We have an incredibly 00:08:16.629 --> 00:08:20.189 dedicated workforce, and I am extremely proud to be 00:08:20.199 --> 00:08:25.519 serving alongside of them. I know this transition to 00:08:25.519 --> 00:08:29.660 a new work reality has not been easy, but I am just 00:08:29.670 --> 00:08:35.549 in awe of the commitment that the CPUC staff is making 00:08:35.940 --> 00:08:40.730 to the work in the name of the people we serve. There 00:08:40.730 --> 00:08:45.320 are not enough venues and opportunities to fully express 00:08:45.690 --> 00:08:50.279 my and the other Commissioners appreciation. So with 00:08:50.289 --> 00:08:55.480 that, I assure you that as the situation evolves, we 00:08:55.480 --> 00:08:59.389 will continue to communicate with the public and stakeholders 00:08:59.399 --> 00:09:03.649 to work to ensure the safe delivery of the services 00:09:03.659 --> 00:09:07.240 Californians rely on to conduct their daily lives. 00:09:08.539 --> 00:09:11.649 We will now turn to public comment. The Commission 00:09:11.649 --> 00:09:15.649 provides three minutes to each speaker. You will hear 00:09:15.659 --> 00:09:20.299 a beep sound when your time is up. Let me repeat that: 00:09:20.559 --> 00:09:25.509 you will hear a beep sound when your time is up. To 00:09:25.509 --> 00:09:34.039 make public comments, you may dial 1-800-857-1917, and 00:09:34.049 --> 00:09:44.240 enter the passcode 1673481, and press *1. Email 00:09:44.240 --> 00:09:47.539 comments received by 10 AM this morning will be read 00:09:47.549 --> 00:09:53.000 by Public Advisor Brown. CPUC rules do not allow 00:09:53.350 --> 00:09:57.399 for parties in proceedings to speak about open proceedings. 00:09:58.139 --> 00:10:02.590 The public could make comments addressing items on 00:10:02.590 --> 00:10:06.659 the Consent and Regular Agendas, and including items 00:10:06.669 --> 00:10:11.039 not on the agenda. Please note that there will not 00:10:11.110 --> 00:10:22.799 be public comment on items 17, 18, 27, 29, 42, and any 00:10:22.809 --> 00:10:27.460 items on the Closed Session agenda. With that guidance 00:10:27.460 --> 00:10:31.250 in mind, I welcome today's speakers, and I will now 00:10:31.259 --> 00:10:35.970 turn to the operator to open the Public Comment Telephone 00:10:35.970 --> 00:10:39.240 Line. Operator? 00:10:39.240 --> 00:10:43.139 The public comment line is now open. 00:10:43.139 --> 00:10:46.840 Our first comment comes from Carolyn Chin with Asian 00:10:46.840 --> 00:10:52.840 Pacific Environmental Network. Your line is open. 00:10:52.840 --> 00:10:56.169 Hi, my name is Carolyn Chin. I'm calling on behalf of 00:10:56.179 --> 00:10:59.230 the Asian Pacific Environmental Network to really urge 00:10:59.230 --> 00:11:02.769 you to reject PG&E's reorganization plan. At a 00:11:02.769 --> 00:11:06.490 time when our collective health and safety depends on, like, 00:11:06.500 --> 00:11:09.230 every one of us having what we need, we really, really 00:11:09.230 --> 00:11:11.759 need utilities that are controlled by local communities 00:11:11.759 --> 00:11:15.710 and workers. We need utilities that prioritize safety and serve 00:11:15.710 --> 00:11:19.990 the public good, not just extract profits. This deal 00:11:20.240 --> 00:11:23.840 that Governor Newsom has negotiated to resurrect PG&E 00:11:23.850 --> 00:11:27.330 is not a good one for fire survivors, ratepayers or 00:11:27.330 --> 00:11:29.899 our communities. It doesn't protect us, and you have 00:11:29.899 --> 00:11:34.309 the power to reject it. With wildfires season and PG&E 00:11:34.309 --> 00:11:36.940 shutoffs just around the corner, we really need true 00:11:36.950 --> 00:11:40.809 safety from fires, smoke, shutoffs. This plan doesn't 00:11:40.809 --> 00:11:44.110 provide any of that. Instead, it allows PG&E to move 00:11:44.110 --> 00:11:47.279 it into fire season with plans for power shut off while 00:11:47.279 --> 00:11:50.740 we're still sheltering in place. Any reorganization 00:11:50.740 --> 00:11:53.710 plan must address underlying wildfire safety issues, 00:11:53.720 --> 00:11:57.570 but this one doesn't. It's also telling that, one after 00:11:57.570 --> 00:12:00.450 another, fire survivors have come out against the deal 00:12:00.460 --> 00:12:03.429 which hand them a pile of stocks that are plummeting 00:12:03.429 --> 00:12:06.629 in value. This ???? when to sell these 00:12:07.090 --> 00:12:11.039 stocks. Impacted communities, including fire survivors, 00:12:11.049 --> 00:12:15.639 need to be compensated immediately in cash. 00:12:15.639 --> 00:12:18.679 Finally, the deal would also bring PG&E out of bankruptcy 00:12:18.690 --> 00:12:22.679 while being loaded with at least $38 billion is debt that 00:12:22.679 --> 00:12:24.970 would eventually be added to our monthly bills due 00:12:24.970 --> 00:12:28.029 to loopholes that would push for more of the cost to 00:12:28.029 --> 00:12:31.179 be pushed onto already burdened people of the state. We shouldn't 00:12:31.179 --> 00:12:35.029 be forced to pay for PG&E failures. This deal 00:12:35.039 --> 00:12:37.889 threatens to saddle ratepayers with more debt at a time 00:12:37.889 --> 00:12:40.590 when people who are sheltering in place have no choice 00:12:40.600 --> 00:12:44.840 but to pay whatever PG&E charges them. 00:12:44.840 --> 00:12:47.490 This deal really keeps our health and safety in the hands 00:12:47.490 --> 00:12:50.370 of Wall Street investors, not communities and workers. 00:12:50.590 --> 00:13:00.539 This is unacceptable. Please reject this plan. 00:13:00.539 --> 00:13:03.321 Operator. The next commenter. 00:13:03.346 --> 00:13:04.879 Thank you. The next question 00:13:04.879 --> 00:13:08.850 comes from Magic Altman with Activists from San Francisco. 00:13:10.649 --> 00:13:15.309 Hello. My name is Magic Altman, and I appreciate you 00:13:15.309 --> 00:13:19.970 opening your concern about the public. I'm a little 00:13:19.980 --> 00:13:23.080 nonplussed by the fact that, if you're talking about 00:13:23.090 --> 00:13:26.370 saving us money, as most government agencies, why you 00:13:26.370 --> 00:13:29.769 would even consider PG&E's request to raise rates. 00:13:30.470 --> 00:13:35.129 PG&E has repeatedly given money to stockholders 00:13:35.230 --> 00:13:40.409 and not to the update the necessary safeties prevented 00:13:40.840 --> 00:13:44.009 the deaths of over 80 people in Northern California 00:13:44.009 --> 00:13:47.200 and all of the people in the homes and businesses throughout 00:13:47.200 --> 00:13:52.610 California, including San Bruno. PG&E has been found 00:13:52.610 --> 00:13:55.649 to be a felon and has been declared guilty of the 00:13:55.649 --> 00:14:00.190 murder and death and the ruin of so many businesses. 00:14:01.620 --> 00:14:05.269 Also, the Raker Act, which happened over 100 years 00:14:05.269 --> 00:14:08.620 ago, declared specifically that San Francisco is meant 00:14:08.620 --> 00:14:13.029 have public utility, and yet we still don't. And still 00:14:13.039 --> 00:14:15.600 we are 00:14:15.600 --> 00:14:20.379 tied to PG&E . The reality is that PG&E is falling 00:14:20.379 --> 00:14:23.830 apart. The reality is that PG&E will never meet clean 00:14:23.830 --> 00:14:30.730 energy goals. It is time for us to actually take over, 00:14:31.250 --> 00:14:35.210 and it is your job to protect the people, to take over 00:14:35.210 --> 00:14:39.940 PG&E and make it a public utility. And we, 00:14:40.700 --> 00:14:43.500 in the public, want you to do that and move towards 00:14:43.500 --> 00:14:47.169 that as soon as possible. To raise rates, right now, 00:14:47.350 --> 00:14:50.370 is unconscionable. We don't want a reorganization of 00:14:50.379 --> 00:14:55.710 PG&E want. We want a state takeover and at least 00:14:55.720 --> 00:14:58.169 to start with San Francisco taking over, since it is 00:14:58.179 --> 00:15:01.330 a federal law that we have meant to be have public 00:15:01.330 --> 00:15:05.870 utilities. Also, by the way, in the agenda, it states 00:15:05.940 --> 00:15:09.970 that there is no impact on safety on this item about 00:15:09.970 --> 00:15:14.649 raising rates. And so, actually, I think that this 00:15:14.860 --> 00:15:17.379 shouldn't have even been on the agenda because there 00:15:17.389 --> 00:15:20.139 is an impact of safety because we have seen the record 00:15:20.139 --> 00:15:23.909 of PG&E be disastrous concerning safety. So how 00:15:23.909 --> 00:15:27.600 does this, there's no report on the safety considerations 00:15:27.909 --> 00:15:31.210 is really not legitimate, and that you need to go back 00:15:31.210 --> 00:15:35.259 and do your homework. Also, by the way, the, 00:15:35.269 --> 00:15:39.230 on your website, the passcode is incorrect, which 00:15:39.230 --> 00:15:42.620 makes it a violation of the Brown Act for you to have 00:15:42.629 --> 00:15:46.570 this meeting for people do not publicly be able to 00:15:46.580 --> 00:15:49.210 go. If they only went to your website. I tried it. 00:15:49.279 --> 00:15:52.350 I called in, I reported it and it's not happening. 00:15:52.450 --> 00:15:56.049 We in California want to wash our hands. All right 00:15:56.059 --> 00:15:58.720 we want to wash our hands of PG&E. Don't try to 00:15:58.730 --> 00:16:01.769 sneak this by where the public is distracted and concerned 00:16:01.769 --> 00:16:05.309 about their very lives. I submit these comments. Thank 00:16:05.309 --> 00:16:06.257 you. 00:16:06.282 --> 00:16:09.124 Thank you. I will check on that password immediately. 00:16:10.799 --> 00:16:13.718 I apologize for that if it's an error. 00:16:13.743 --> 00:16:15.100 Yeah, but apology 00:16:15.100 --> 00:16:17.159 won't work because it's actually a violation of the 00:16:17.159 --> 00:16:19.769 Brown Act. 00:16:19.769 --> 00:16:23.482 Okay, operator. The next speaker, please. 00:16:23.507 --> 00:16:24.720 Thank you 00:16:24.720 --> 00:16:28.600 The next speaker is from Gwen Chang with California Environmental 00:16:28.600 --> 00:16:30.899 Justice. 00:16:30.899 --> 00:16:34.080 Good morning, Commissioners. My name's Gwen, and I'm 00:16:34.080 --> 00:16:37.399 with the California Environmental Justice Alliance, and 00:16:37.399 --> 00:16:39.389 I'm speaking with you all this morning because I care 00:16:39.389 --> 00:16:43.360 about the outcome of this PG&E deal. Like those who 00:16:43.360 --> 00:16:45.669 spoke before me, I believe that this Commission has 00:16:45.669 --> 00:16:50.769 the power to approve or disapprove of PG&E's reorganization 00:16:50.769 --> 00:16:54.470 plan and if the utility is going to be able 00:16:54.470 --> 00:16:58.279 to access the Wildfire Insurance fund. This 00:16:58.509 --> 00:17:01.200 reorganization plan currently being considered by the 00:17:01.200 --> 00:17:04.299 bankruptcy court does not address the fundamental issues 00:17:04.309 --> 00:17:08.839 the Commission, Californians, all need to see results. 00:17:09.539 --> 00:17:13.180 Coronavirus, in this time, has fundamentally changed 00:17:13.400 --> 00:17:18.059 our lives and the landscape that we're living in. It's 00:17:18.069 --> 00:17:22.880 a public health crisis. It's a global pandemic. And every 00:17:22.880 --> 00:17:27.240 California home has to have the reliable utilities, regardless 00:17:27.250 --> 00:17:30.029 of their income level, especially in this state of 00:17:30.029 --> 00:17:33.950 shelter in place. This deal makes the economic downturn 00:17:33.950 --> 00:17:36.509 worse at a time when people who are already sheltering 00:17:36.509 --> 00:17:39.799 in place have no choice but to pay whatever PG&E 00:17:39.799 --> 00:17:44.089 charges them. Any reorganization plan must also recognize 00:17:44.099 --> 00:17:48.119 this new reality that people's livelihood have disappeared 00:17:48.119 --> 00:17:51.519 because they are forced to stay at home and can't be charged 00:17:51.759 --> 00:17:55.410 for the power that they need. So we urge you to please 00:17:55.410 --> 00:17:58.259 reject this plan. Thank you for your time this morning. 00:17:59.940 --> 00:18:03.974 Thank you, Operator. The next caller, please. 00:18:03.999 --> 00:18:05.319 Thank 00:18:05.319 --> 00:18:08.569 you. The next speaker comes from Al Winerev with 00:18:08.569 --> 00:18:13.430 Local Clean Energy Alliance. 00:18:13.430 --> 00:18:17.970 Thank you. As mentioned, I'm Al Winerove, the 00:18:17.970 --> 00:18:20.200 coordinator of the Local Clean Energy Alliance, and 00:18:20.200 --> 00:18:24.990 I just want to provide also a perspective on this plan 00:18:24.990 --> 00:18:29.289 of reorganisation. As you all know or might not realize, 00:18:30.200 --> 00:18:32.970 citizens of California have been in an energy crisis 00:18:32.980 --> 00:18:38.099 before even the pandemic has struck. This is a crisis 00:18:38.109 --> 00:18:42.750 of the failure of PG&E to have provided 00:18:42.759 --> 00:18:46.789 for the safe and reliable of power that we need in 00:18:46.789 --> 00:18:50.579 California. And that's what resulted in the fires, the 00:18:50.589 --> 00:18:54.680 power shutoffs, the billions, tens of billions of dollars 00:18:54.680 --> 00:18:59.740 in debt that resulted in the bankruptcy proceeding 00:19:00.339 --> 00:19:04.519 that's now going on in the plan of reorganization that's 00:19:04.529 --> 00:19:09.099 coming out of it. I just want to provide a perspective 00:19:09.099 --> 00:19:13.549 about who is putting forward this plan of reorganization. 00:19:13.549 --> 00:19:15.869 And I'm not referring to the Governor. I'm referring 00:19:15.880 --> 00:19:21.460 to the fact that, in last year, you know, PG&E, 00:19:21.470 --> 00:19:27.220 you know, was the subject of heavy leveraged, heavily 00:19:27.839 --> 00:19:32.019 leveraged buyout by a group of speculative shareholders 00:19:32.769 --> 00:19:36.950 that installed a new Board of Directors and hired 00:19:36.950 --> 00:19:40.480 new management. So this all happened last year. The 00:19:40.490 --> 00:19:43.539 PG&E that we're dealing with in terms of the Board 00:19:43.559 --> 00:19:49.509 and the management, is not even the previous 00:19:49.789 --> 00:19:55.109 Board. According to the Chief Executive Officer, 00:19:55.119 --> 00:19:59.720 William B. Johnson, he acknowledged in the preceding, 00:20:00.240 --> 00:20:05.799 regarding the plan of reorganization, that, 00:20:05.809 --> 00:20:11.170 and I quote, "in the moment, our largest investors are 00:20:11.170 --> 00:20:15.730 "not the typical utility investors. Our current 00:20:15.740 --> 00:20:20.380 "investors tend to be distressed asset investors, hedge 00:20:20.380 --> 00:20:24.700 "funds, and they're the ones that are in this race." He 00:20:24.700 --> 00:20:28.279 said, "I would not expect, after we exit and refinance, 00:20:28.670 --> 00:20:34.109 "that most of them would exit the stock." He 00:20:34.119 --> 00:20:37.799 said he would expect that, after we exit and refinance, 00:20:37.799 --> 00:20:41.019 that most of them would exit the stock, and we would 00:20:41.019 --> 00:20:44.460 get back to the regular way shareholders are looking 00:20:44.460 --> 00:20:49.450 for something different than the current shareholders. 00:20:50.369 --> 00:20:52.730 So this is just a way of saying that this plan of 00:20:52.740 --> 00:20:57.119 reorganization doesn't represent, in any way, the needs 00:20:57.119 --> 00:21:00.940 our interests of the people of California. It represents 00:21:00.950 --> 00:21:05.019 the needs and interests of a leveraged buyout and 00:21:05.019 --> 00:21:10.660 and a set of shareholders who have in mind 00:21:10.660 --> 00:21:17.289 only a quick killing, leaving PG&E in shambles. 00:21:18.039 --> 00:21:27.220 According to a Finding of Fact in 00:21:27.220 --> 00:21:30.230 (inaudible speech, loud ding) 00:21:30.230 --> 00:21:35.190 regarding wildfire cost of recovery, it was found 00:21:35.190 --> 00:21:40.069 as a Finding of Fact that financially viable utilities 00:21:40.640 --> 00:21:43.575 are inherently necessary to provide safe and reliable-- 00:21:43.600 --> 00:21:45.619 Could you bring your comments to a close? 00:21:45.619 --> 00:21:47.464 You are running over time. 00:21:47.489 --> 00:21:49.380 Okay, I will think. I'm just 00:21:49.380 --> 00:21:52.859 saying that this plan of reorganization does not 00:21:52.869 --> 00:21:56.380 meet the standards set by the Finding of Fact of the 00:21:56.380 --> 00:21:58.046 CPUC itself. 00:21:58.071 --> 00:22:02.210 Thank you, sir. Operator, the 00:22:02.210 --> 00:22:03.996 next commenter, please. 00:22:04.021 --> 00:22:06.170 Thank you. The next speaker 00:22:06.180 --> 00:22:09.430 comes from Barbara Stebbins with Committee Local Clean 00:22:09.430 --> 00:22:14.039 Energy Alliance. 00:22:14.039 --> 00:22:17.359 Hi. My name is Barbara Stebbins, as stated, I'm on the 00:22:17.369 --> 00:22:20.390 steering committee of Local Clean Energy Alliance. 00:22:21.039 --> 00:22:25.990 We are asking the Commission to reject PG&E's 00:22:25.990 --> 00:22:29.769 reorganization plan. There is nothing in that plan 00:22:29.769 --> 00:22:33.819 that will save us from more misery, death and destruction, 00:22:34.059 --> 00:22:39.089 nor even guarantees safe delivery of energy. By rejecting 00:22:39.089 --> 00:22:42.180 P.G&E's reorganization plan, the Commission has 00:22:42.190 --> 00:22:47.109 the opportunity to save the people of California. Right 00:22:47.119 --> 00:22:51.779 now, context is everything. PG&E is not just any 00:22:51.779 --> 00:22:56.029 corporation. It is a notorious corporation that manages 00:22:56.039 --> 00:23:00.220 to be responsible for the deaths of over 84 people 00:23:00.339 --> 00:23:04.990 while on probation for five felony counts of negligence 00:23:05.289 --> 00:23:09.440 and obstruction of justice. It has submitted a 00:23:09.440 --> 00:23:13.240 reorganization plans that lacks any accountability to 00:23:13.240 --> 00:23:16.759 the people who have suffered the most from its bad 00:23:16.759 --> 00:23:20.880 behavior. It is a plan that takes on huge amounts of 00:23:20.890 --> 00:23:24.799 debt during the worst economic crisis since the Great 00:23:24.799 --> 00:23:29.660 Depression and a pandemic that has no predictable ending. 00:23:31.190 --> 00:23:36.049 We cannot take a risk on this reorganization plan, 00:23:37.140 --> 00:23:41.430 but if you reject this plan, it opens the opportunity 00:23:41.440 --> 00:23:45.160 for a better system, a publicly accountable system, 00:23:45.740 --> 00:23:51.259 one that includes especially accountability to frontline 00:23:51.259 --> 00:23:55.039 communities, disabled people, and others who have been 00:23:55.039 --> 00:24:00.900 most impacted by PG&E's deadly history. We hope 00:24:00.900 --> 00:24:06.319 you will reject this reorganization plan and give some 00:24:06.319 --> 00:24:09.710 measure of comfort to the people of California. Thank 00:24:09.710 --> 00:24:11.443 you. 00:24:11.468 --> 00:24:15.347 Thank you. (clapping) commenter, please. 00:24:15.372 --> 00:24:16.640 Barbara, standing up 00:24:16.640 --> 00:24:19.060 for Democracy and the people. 00:24:19.085 --> 00:24:21.980 That's funny. Both Al and I were in 00:24:21.980 --> 00:24:26.730 line. 00:24:26.730 --> 00:24:29.423 Operator, could you bring on the next speaker, please. 00:24:29.448 --> 00:24:31.039 Thank you. The next speaker comes 00:24:31.039 --> 00:24:34.839 from Gabriella Orontus with North Bay Organizing 00:24:34.839 --> 00:24:37.490 Project. 00:24:37.490 --> 00:24:40.599 Good morning. My name is Gabriella Orontus. I am the 00:24:40.599 --> 00:24:43.859 Just Recovery fellow for the Latino Community Foundations 00:24:43.869 --> 00:24:47.059 Just Recovery Partnership. And today I'm here on behalf 00:24:47.059 --> 00:24:50.049 of the Northgate Organizing Project, one of the 10 00:24:50.049 --> 00:24:54.289 nonprofit organization in Sonoma and Napa counties 00:24:54.519 --> 00:24:57.660 that came together as the Just Recovery Partnership 00:24:59.079 --> 00:25:03.279 after the 2017 wildfires. I bring with me today the 00:25:03.279 --> 00:25:07.049 voices and experiences of renters, of the undocumented, 00:25:07.440 --> 00:25:10.819 of limited English speakers, and the community organizations 00:25:10.829 --> 00:25:14.000 that respond to the most vulnerable during the devastation 00:25:14.170 --> 00:25:19.579 caused by the fires and the power shut off. 00:25:19.579 --> 00:25:22.640 This Commission holds tremendous power over California's 00:25:22.650 --> 00:25:26.859 future, and because of that, this Commission must reject 00:25:26.869 --> 00:25:31.710 PG&E's reorganization plan. Californians need true 00:25:31.720 --> 00:25:35.339 safety from fires, smoke, and shutoff. This deal doesn't 00:25:35.339 --> 00:25:38.750 provide it. Instead, it leaves in place the framework 00:25:38.759 --> 00:25:42.059 in which PG&E any is moving into fire season with plans 00:25:42.069 --> 00:25:45.759 from more power shutoffs while people shelter in place, 00:25:46.440 --> 00:25:49.059 excessive clear cutting without professional foresters' 00:25:49.059 --> 00:25:52.759 judgment, and the prospect of polluting diesel generators. 00:25:53.140 --> 00:25:57.089 Any reorganization plan must address underlying wild 00:25:57.099 --> 00:26:00.200 fire safety issues. 00:26:00.200 --> 00:26:03.099 Californians shouldn't be forced to pay for PG&E's 00:26:03.099 --> 00:26:06.769 failures. This deal is full of loopholes that would 00:26:06.769 --> 00:26:10.049 push more cost to the already burdened people of California. 00:26:10.940 --> 00:26:13.390 The Commission must not approve any deal that would 00:26:13.390 --> 00:26:17.019 allow PG&E to saddle ratepayers with PG&E's 00:26:17.029 --> 00:26:22.289 debt. It's just not right. Californians need clean 00:26:22.289 --> 00:26:25.690 energy and need every opportunity to transition towards 00:26:25.690 --> 00:26:29.289 a sustainable future, including using stimulus funds 00:26:29.289 --> 00:26:32.430 to purchase infrastructure. And this deal does nothing 00:26:32.430 --> 00:26:35.349 to advance our climate goals and protect our state. 00:26:35.789 --> 00:26:39.150 Any reorganization plan should look to local, clean 00:26:39.220 --> 00:26:42.549 renewable energy and storage that builds resillience. 00:26:43.740 --> 00:26:47.529 Because this deal does not ensure that the 00:26:47.529 --> 00:26:51.210 reorganized PG&E will have a transformed safety culture, 00:26:51.569 --> 00:26:54.960 that rates will remain neutral, nor make meaningful 00:26:54.960 --> 00:26:58.160 progress towards achieving California's climate goals. 00:26:58.839 --> 00:27:02.539 I again repeat: this Commission must reject PG&E's 00:27:02.539 --> 00:27:05.609 reorganization plan. Thank you. 00:27:05.634 --> 00:27:07.589 Thank you. Operator, 00:27:07.589 --> 00:27:10.440 the next commenter, please. 00:27:10.440 --> 00:27:13.089 Thank you. The next speaker comes from Jim Jones. 00:27:13.269 --> 00:27:17.940 He's a resident of Green Bay, California 00:27:17.940 --> 00:27:21.190 My name is Ken Jones from Greenbrae, California 00:27:21.190 --> 00:27:24.250 in Marin County, where all the cities and the county 00:27:24.420 --> 00:27:28.019 have chosen 100% renewable option from MC Clean Energy 00:27:28.019 --> 00:27:32.630 for their municipal contracts and DER is being actually 00:27:32.630 --> 00:27:37.410 built in our communities by NCE. I'm talking today about 00:27:37.410 --> 00:27:41.099 item 14 on the consent calendar, the added cost calculator 00:27:41.099 --> 00:27:44.470 revised proposed decision, which I read through twice. 00:27:45.339 --> 00:27:49.579 It makes the way you value DER 00:27:49.579 --> 00:27:54.089 a little better. 00:27:54.089 --> 00:27:57.240 But really, that is like PG&EE coming out of bankruptcy 00:27:57.240 --> 00:28:01.339 a little restructured. 00:28:01.339 --> 00:28:03.650 Both were great opportunities, that appears have 00:28:03.650 --> 00:28:06.349 been lost for California ratepayers and taxpayers. 00:28:06.940 --> 00:28:11.289 You continue to take incremental steps, basing, in this 00:28:11.299 --> 00:28:14.250 case, too much of the decision on the investor-owned 00:28:14.250 --> 00:28:16.680 utilities comments when you know they are wanting to 00:28:16.680 --> 00:28:20.109 continue business as usual, getting most of their shareholder 00:28:20.109 --> 00:28:23.809 value from what they make off transmission. There are 00:28:23.809 --> 00:28:27.470 so many cost benefits of DER that if it was valued 00:28:27.470 --> 00:28:31.430 properly at the PUC, it would save us so much in avoided 00:28:31.430 --> 00:28:34.500 cost in frontline communities where we say we want 00:28:34.500 --> 00:28:37.690 to address the pollution that increases their health 00:28:37.690 --> 00:28:40.759 care costs, both mental in higher anxiety and physical 00:28:41.369 --> 00:28:44.220 that are gained. We could address this by not having 00:28:44.220 --> 00:28:47.480 to build any anymore gas peaker plants that are so 00:28:47.480 --> 00:28:50.930 often built near them. There's so much gained in avoided 00:28:50.930 --> 00:28:54.269 costs from solar with battery storage, either in front of 00:28:54.269 --> 00:28:57.880 the meter or behind it from resiliency it provides 00:28:57.890 --> 00:29:00.930 the grid. And then there's the fires from the hard 00:29:00.930 --> 00:29:03.950 to get to transmission in our forests, where maintenance 00:29:03.950 --> 00:29:07.079 is often deferred due to it being so expensive to get 00:29:07.079 --> 00:29:11.579 to. But there was billions of dollars at Kaiso itself 00:29:11.589 --> 00:29:15.069 discussed in the 2018 press release regarding cost 00:29:15.069 --> 00:29:18.420 savings. And I quote, "the changes were mainly due to 00:29:18.420 --> 00:29:22.119 "changes in local area load forecast and strongly influenced 00:29:22.130 --> 00:29:25.809 "by energy efficiency programs and increasing levels 00:29:25.819 --> 00:29:30.079 "of residential rooftop solar generation." This is what 00:29:30.079 --> 00:29:35.180 led Kaiso to cancel $2.6 billion in unneeded transmission 00:29:35.180 --> 00:29:39.630 in 2017, 2018 alone. There may have been other factors, 00:29:39.640 --> 00:29:42.259 but all of the additional costs beyond the initial 00:29:42.259 --> 00:29:45.500 capital costs and future return on equity payments, 00:29:45.509 --> 00:29:49.220 operations and maintenance costs by transmission owners 00:29:49.230 --> 00:29:54.069 were completely dismissed on pages 73 to 74 of the revised 00:29:54.079 --> 00:29:57.890 proposed decision. There are so many reasons to revisit 00:29:57.890 --> 00:30:01.099 this issue right away. As well as reforming transmission 00:30:01.099 --> 00:30:04.690 access charges. The Governor said he wants to restructure 00:30:04.690 --> 00:30:07.660 energy to a grid that emphasizes decentralization. 00:30:08.440 --> 00:30:10.950 This decision does not take us much closer to that 00:30:11.640 --> 00:30:13.640 Thank you. 00:30:13.640 --> 00:30:16.779 Thank you, sir. Operator, the next speaker, please. 00:30:18.000 --> 00:30:21.170 Thank you. The next speaker come from Shauna Lazaro 00:30:21.170 --> 00:30:25.740 with Committee for Better Environment. 00:30:25.740 --> 00:30:30.099 Hi. Good morning. This is Shauna Lazarow with Communities 00:30:30.109 --> 00:30:34.630 for a Better Environment. I hope you all are well in 00:30:34.630 --> 00:30:39.009 your home offices. I wanted to take a minute to speak 00:30:39.009 --> 00:30:43.119 with you this morning about the PG&E reorganization 00:30:43.119 --> 00:30:48.789 plan from the perspective of CBE's Northern California 00:30:48.789 --> 00:30:54.859 members who live in East Oakland and in Richmond 00:30:54.869 --> 00:30:59.539 who were breathing the wildfire smoke from the 00:30:59.829 --> 00:31:07.869 fires caused by PG&E. I'm sure you all saw the 00:31:07.880 --> 00:31:12.809 recent report on the extreme increased risk of cardiac 00:31:12.819 --> 00:31:18.150 arrest in the time around those wildfires. Our community 00:31:18.150 --> 00:31:22.900 members were the people who unfortunately had to be 00:31:22.900 --> 00:31:29.950 outside breathing that wildfire smoke and experiencing 00:31:29.950 --> 00:31:36.680 the increased risks and impact. We're very concerned 00:31:36.690 --> 00:31:42.509 about the upcoming wildfire season and the 00:31:42.509 --> 00:31:48.960 reorganization plan that PG&E is putting forward that 00:31:48.970 --> 00:31:51.900 it is hoping that you will approve, so that PG&E 00:31:51.900 --> 00:31:59.009 can access the Wildfire Fund, is not going to address 00:31:59.019 --> 00:32:03.170 any of the concerns of our community members. It doesn't 00:32:03.250 --> 00:32:07.890 reorganize PG&E to be a utility that operates 00:32:08.230 --> 00:32:13.289 safely. And that is the number one priority, that 00:32:13.289 --> 00:32:17.230 PG&E, that the utility that provides these services 00:32:17.289 --> 00:32:22.279 to our community members, is one that will not kill 00:32:22.279 --> 00:32:26.150 us, that will keep our lights on, that will make sure 00:32:26.150 --> 00:32:30.390 that we're able to shelter in place in our neighborhoods, 00:32:30.400 --> 00:32:34.279 and that our most vulnerable community members are 00:32:34.289 --> 00:32:38.069 able to stay safe and have working lights and have 00:32:38.069 --> 00:32:42.910 working lungs and not expose themselves to heart failure. 00:32:43.690 --> 00:32:46.329 And, of course, you know that you hold this tremendous 00:32:46.339 --> 00:32:50.759 power over our communities' lives. The plan that's 00:32:50.769 --> 00:32:56.440 moving forward right now cannot and should not be part 00:32:56.450 --> 00:33:00.859 of an approval that left PG&E get access to those funds. 00:33:00.869 --> 00:33:06.559 So I thank you for your work in this time of pandemic 00:33:06.569 --> 00:33:10.099 and I trust that you will move forward doing the right 00:33:10.099 --> 00:33:12.140 thing. 00:33:12.140 --> 00:33:15.900 Thank you. Thank you very much. Operator, the next 00:33:15.910 --> 00:33:17.196 speaker, please. 00:33:17.221 --> 00:33:19.849 Thank you. The next speaker comes 00:33:19.849 --> 00:33:23.390 from Jada Dogum with Local Clean Energy Alliance 00:33:25.839 --> 00:33:29.619 Hi. My name is Jada Dog. I'm a Local Clean Energy 00:33:29.619 --> 00:33:32.700 Alliance and Reclaim Our Power Utility Justice 00:33:32.700 --> 00:33:36.039 Campaign. I'm here to support Reclaim Our Power 00:33:36.039 --> 00:33:39.359 Utility Justice campaign's demands, and most of their 00:33:39.359 --> 00:33:42.549 demands were already mentioned by the previous commenters. 00:33:43.140 --> 00:33:46.119 I think the Commission should reject the reorganization 00:33:46.119 --> 00:33:50.480 plan. I care about the outcome of this PG&E 00:33:50.480 --> 00:33:53.430 deal because I don't want to pay for the failures of 00:33:53.440 --> 00:33:58.299 PG&E. Instead of passing our risks and cost to ratepayers, 00:33:58.380 --> 00:34:01.220 I demand that our state government act to protect 00:34:01.230 --> 00:34:04.380 ratepayers and the public. Please reject this plan. 00:34:04.390 --> 00:34:06.589 Thank you. 00:34:06.589 --> 00:34:10.377 Thank you. The next speaker, please, Operator. 00:34:11.639 --> 00:34:15.269 Thank you. The next speaker comes from Jim Stewart with PhD. 00:34:20.940 --> 00:34:26.639 Hi, I'm Dr Jim Stewart, a retired professor of physics, 00:34:27.340 --> 00:34:36.460 and I agree with Ken Jones that this proposed decision 00:34:37.070 --> 00:34:47.960 on item 14, the voided cost allocator, needs to include 00:34:48.440 --> 00:34:50.480 those 00:34:50.480 --> 00:34:57.829 savings from the transmission costs. The issue is that 00:34:57.840 --> 00:35:04.210 the proceeding is too vague. And that's what we're 00:35:04.210 --> 00:35:08.420 asking is we're asking the Commission to direct the 00:35:08.429 --> 00:35:10.639 staff 00:35:10.639 --> 00:35:16.250 to incorporate the full value of avoided transmission. 00:35:16.739 --> 00:35:21.869 And the Commission, the proposed decision, now says that 00:35:21.869 --> 00:35:27.380 PG&E already does this. But the value is minuscule. 00:35:27.630 --> 00:35:31.599 It's far, far, far too low. And so we need to make 00:35:31.599 --> 00:35:35.949 sure that the Commission directs staff not to have 00:35:35.949 --> 00:35:40.090 SCE and SDG&E 00:35:40.090 --> 00:35:43.949 do something similar to what PG&E is doing. It 00:35:43.949 --> 00:35:48.679 needs to be a radical shift in terms of making this 00:35:49.380 --> 00:35:55.739 total avoided cost calculator to include those avoided 00:35:55.880 --> 00:36:00.099 transmission costs. And we know and I'm hoping that 00:36:00.110 --> 00:36:03.730 the staff will also include this, and you need to direct 00:36:03.730 --> 00:36:07.690 them to do that. That, when Kaiso says they canceled 00:36:07.699 --> 00:36:12.619 $2.6 billion needed transmission projects due in 00:36:12.619 --> 00:36:19.130 large part to DER, they didn't include the billions 00:36:19.630 --> 00:36:24.630 that go on in terms of equity payments, operation and 00:36:24.630 --> 00:36:28.670 maintenance costs for the next 30 or 40 years on this 00:36:28.670 --> 00:36:32.429 transmission. So that's the full cost that must be 00:36:32.429 --> 00:36:36.019 included in this avoided cost allocator. And I hope 00:36:36.019 --> 00:36:39.239 you can have the staff do that. Thank you very much. 00:36:40.239 --> 00:36:45.230 Thank you. Operator, the next speaker, please. 00:36:45.230 --> 00:36:47.320 President Batjer, there are no more speakers on the 00:36:47.320 --> 00:36:49.651 public comments telephone line. 00:36:49.676 --> 00:36:51.230 Okay, thank you very much. 00:36:57.130 --> 00:37:03.309 We'll, let's see... 00:37:03.309 --> 00:37:08.780 Seconds until I get to my, yeah. We will now turn to the email comments, 00:37:09.289 --> 00:37:14.079 and I will ask the public advisor, Public Advisor 00:37:14.079 --> 00:37:18.570 Brown are there any email comments? 00:37:18.570 --> 00:37:20.739 Good morning, President Batjer and Commissioners. Can 00:37:20.739 --> 00:37:22.186 you hear me alright? 00:37:22.211 --> 00:37:23.927 Yes, we can. Thank you. 00:37:23.952 --> 00:37:24.548 Perfect. 00:37:25.090 --> 00:37:30.449 Yes. We received several comments. Initially, we 00:37:30.449 --> 00:37:33.989 received 33 comments with the same language. So I will 00:37:33.989 --> 00:37:37.340 read the members of the public who sent the same comment, 00:37:37.349 --> 00:37:40.355 and then I will read that comment. 00:37:40.380 --> 00:37:41.306 Thank you. 00:37:41.331 --> 00:37:46.460 Sent from 33 members of the public. It was sent from Paul 00:37:46.460 --> 00:37:53.860 Deronte. Sarah Usher, Marcia Effron, Alvaro Ramos, Jane 00:37:53.869 --> 00:38:00.570 Holt, Robert Shelter, Jessica Fieldin, MD, Becky Barrett, 00:38:01.519 --> 00:38:08.110 Nicholas Ross, Richards Woody, Robert Kovac, Rihanna 00:38:08.119 --> 00:38:15.789 Bait, Matthew Gaitan, Don Haynie, Nathan Thompson, Lucy 00:38:15.789 --> 00:38:22.840 Marie Route, Maria Exteves, Nathaniel Rye, Jordan Winehouse, 00:38:23.820 --> 00:38:30.239 Vicky and Rod Castley, Claudelle Douglas, Madeline Kline, 00:38:31.019 --> 00:38:37.789 Isaac Brown, Lincoln Oliver O'Neill, Leslie Tran, Janice 00:38:37.980 --> 00:38:45.440 Diesel, Glenn Glazer, Eve Descargaway, 00:38:45.440 --> 00:38:53.130 Jennifer LaFort, Laura Mazzola, Maya McClinton, Janet 00:38:53.280 --> 00:39:00.130 Savit, and Annie Gordon. The comment reads: Californians 00:39:00.139 --> 00:39:03.329 need true safety from fires, smoke and shut off. 00:39:04.019 --> 00:39:06.739 We shouldn't be forced to pay for PG&E's failures. 00:39:07.619 --> 00:39:11.460 Impacted communities, including fire survivors, need 00:39:11.460 --> 00:39:15.440 to be compensated immediately in cash. This deal hands 00:39:15.440 --> 00:39:18.530 victims volatile stock that they can't even control. 00:39:19.659 --> 00:39:21.940 This deal is full of loopholes that would push more 00:39:21.940 --> 00:39:26.150 costs onto the already burdened households. The Commission 00:39:26.150 --> 00:39:29.880 must reject the reorganization plan because the resulting 00:39:29.880 --> 00:39:33.030 governance structure is not acceptable, in light of 00:39:33.030 --> 00:39:36.289 the electrical corporation's safety history, criminal 00:39:36.289 --> 00:39:40.590 probation, and recent financial condition. The plan 00:39:40.590 --> 00:39:44.070 does not ensure that the reorganized PG&E will have 00:39:44.070 --> 00:39:47.869 a transformed safety culture or make meaningful progress 00:39:47.880 --> 00:39:51.440 towards achieving the state's climate goal. The plan 00:39:51.440 --> 00:39:54.880 does not ensure that rates will remain neutral, instead 00:39:54.880 --> 00:39:57.989 requiring ratepayers to assume new risks and bear 00:39:57.989 --> 00:40:02.539 new costs. In this moment of public health crisis, Californians 00:40:02.550 --> 00:40:06.150 actually need all utility debts forgiven, as we were 00:40:06.159 --> 00:40:08.900 ordered to shelter in place with jeopardized income 00:40:08.909 --> 00:40:12.550 to pay our bills. Looking ahead to the wildfire season 00:40:12.550 --> 00:40:16.409 and climate disruption, what we need is clean distributed 00:40:16.409 --> 00:40:20.429 energy and every opportunity to transition towards 00:40:20.809 --> 00:40:24.559 a sustainable future, including using stimulus funds 00:40:24.570 --> 00:40:27.590 to purchase infrastructure. This deal does nothing 00:40:27.590 --> 00:40:31.179 to advance our climate goals and protect our state. Reject 00:40:31.190 --> 00:40:35.440 this bad energy deal. 00:40:35.440 --> 00:40:38.590 Commissioners, in addition, we received the following comments 00:40:38.599 --> 00:40:41.519 including the language that I just read with additional 00:40:41.519 --> 00:40:47.280 statement. Kathleen Miles stated: "I am so glad to see 00:40:47.280 --> 00:40:50.719 "the letter being sent to you. I personally do not believe 00:40:50.719 --> 00:40:54.099 "private for profit enterprise belongs in something 00:40:54.099 --> 00:40:58.170 "as basic and essential and as much in need of reform 00:40:58.440 --> 00:41:01.630 "away from fossil fuel and nuclear dependence as our 00:41:01.639 --> 00:41:06.769 "energy supply. I urge you to serious consideration 00:41:07.030 --> 00:41:10.309 "of what is presented here." 00:41:10.309 --> 00:41:14.650 Jared Donaldson added: "I inherited PG&E stock 30 00:41:14.650 --> 00:41:18.300 "plus years ago, now sold, and have monitored the company 00:41:18.300 --> 00:41:21.139 "through its ups and downs. I firmly believed the 00:41:21.139 --> 00:41:24.809 "company must be restructured as a public utility. The 00:41:24.809 --> 00:41:28.090 "current configuration is not sustainable and must not 00:41:28.099 --> 00:41:31.610 "be propped up by any means. Condoning criminality is 00:41:31.619 --> 00:41:34.369 "unacceptable." 00:41:34.369 --> 00:41:39.820 Denaya LaFour added: "yes to everything below. Plus 00:41:40.409 --> 00:41:42.840 "public utilities should be public and accountable to 00:41:42.840 --> 00:41:45.920 "the people, and no one should lose access to public 00:41:45.920 --> 00:41:50.309 "utilities because they cannot afford to pay." 00:41:50.309 --> 00:41:54.079 And Virginia Madsen added: "I am an elderly third 00:41:54.079 --> 00:41:57.250 "generation California with many friends and family 00:41:57.260 --> 00:42:00.719 "who lost everything in the Camp and Tubbs Fires, and 00:42:00.719 --> 00:42:02.820 "we'll be struggling to put their lives back together 00:42:02.829 --> 00:42:06.159 "for the next 20 years. I have paid PG&E bills 00:42:06.170 --> 00:42:09.300 "for 50 years, and I'm now paying more for delivery 00:42:09.300 --> 00:42:13.110 "than I am for the energy I use. For too many years 00:42:13.500 --> 00:42:16.079 "PG&E has been managed in a way that took advantage 00:42:16.079 --> 00:42:19.340 "of the people who relied on it and made money for a 00:42:19.349 --> 00:42:24.559 "select few. That needs to end." 00:42:24.559 --> 00:42:29.199 We also received the following public comment. 00:42:29.199 --> 00:42:34.000 Eric Magar commented: "The bankruptcy deal that has 00:42:34.010 --> 00:42:37.570 "been proposed by PG&E most recently remains unacceptable. 00:42:38.300 --> 00:42:40.619 "Fire victims get paid out with shares in the middle 00:42:40.619 --> 00:42:44.110 "of a crisis. And existing shareholders need to wait 00:42:44.530 --> 00:42:48.300 "only three years before they 00:42:48.300 --> 00:42:51.840 "can again collect dividends extracted from California 00:42:52.059 --> 00:42:55.599 "ratepayers pockets. The deal, additionally, does little 00:42:55.599 --> 00:42:57.869 "to solve the underlying problem at PG&E. 00:42:58.500 --> 00:43:01.190 "That it continues to finance shareholder profits with 00:43:01.199 --> 00:43:05.030 "debt. That system has failed twice now in two decades 00:43:05.039 --> 00:43:08.489 "and cannot be allowed to continue. Additionally, the 00:43:08.489 --> 00:43:12.019 "Commission must reject the reorganization plan because 00:43:12.019 --> 00:43:14.880 "the system of government that it does not go nearly 00:43:14.889 --> 00:43:17.690 "far enough in light of the electrical corporation's 00:43:17.699 --> 00:43:21.500 "safety history, criminal probation and recent financial 00:43:21.500 --> 00:43:25.030 "condition. The plan does nothing to fix the embarrassing 00:43:25.030 --> 00:43:28.210 "lack of an emphasis on safety and PG&E Corporate 00:43:29.199 --> 00:43:32.019 "continues to rely on ratepayers to assume risks and 00:43:32.019 --> 00:43:36.010 "costs and creates no meaningful incentive for the 00:43:36.159 --> 00:43:40.170 "reorganized PG&E to make progress towards achieving 00:43:40.170 --> 00:43:43.889 "the state's climate goals. Our society is facing a 00:43:43.889 --> 00:43:47.510 "global health emergency on top of a climate global 00:43:47.510 --> 00:43:50.900 "climate emergency. Now is not the time to consider 00:43:50.900 --> 00:43:54.619 "shareholder profits in any capacity. Californians need 00:43:54.619 --> 00:43:57.769 "to have, their utility debts forgiven and fire victims, 00:43:57.769 --> 00:44:00.199 "additionally, need to be compensated for their losses 00:44:00.510 --> 00:44:04.539 "with cash. Any deal that allows the toxic profit motive 00:44:04.550 --> 00:44:08.010 "to remain a factor in how we receive our power cannot 00:44:08.019 --> 00:44:11.800 "be expected, especially with wildfire season fast approaching. 00:44:12.289 --> 00:44:15.599 "As such, I implore you to reject this bad bankruptcy 00:44:15.599 --> 00:44:18.989 "deal." 00:44:18.989 --> 00:44:23.039 Additionally, we received a comment from Richard Rawlins, 00:44:23.340 --> 00:44:27.860 PE. The comment reads "My name is Richard Rollins and 00:44:27.860 --> 00:44:30.690 "I live in Berkeley. I am a retired environmental and 00:44:30.690 --> 00:44:34.050 "mechanical engineer who has lived and worked in California 00:44:34.059 --> 00:44:37.900 "for the past 30 years. I am proud of California's leadership 00:44:37.909 --> 00:44:40.960 "on so many climate related issues and trust that will 00:44:40.960 --> 00:44:45.719 "continue. I wish to comment on Agenda Item 14, Revised 00:44:45.730 --> 00:44:50.389 "proposed decision on Avoided Cost calculator. For one 00:44:50.400 --> 00:44:53.869 "thank you for adding a value for avoided methane leakage 00:44:53.880 --> 00:44:58.760 "in the ACC for GER. Two, the revised proposed 00:44:58.769 --> 00:45:01.519 "decision also take steps that recognize the value 00:45:01.519 --> 00:45:04.780 "of local energy solutions in avoiding transmission 00:45:04.780 --> 00:45:08.989 "costs, stating that the value for unspecified transmission 00:45:08.989 --> 00:45:14.739 "avoided is not zero and directing SCE and SDG&E to 00:45:15.079 --> 00:45:17.849 "to include a value for avoided transmission cost in 00:45:17.849 --> 00:45:22.019 "the ATC is an important step forward. However, I'm 00:45:22.019 --> 00:45:25.150 "concerned that this initial step underestimates and 00:45:25.159 --> 00:45:31.940 "even dismisses some of the overall cost savings. 00:45:31.940 --> 00:45:36.250 "Recalling that Kaiso cancelled $2.6 billion in 00:45:36.260 --> 00:45:41.280 "unneeded transmission costs in 2017, 2018 alone, and noted 00:45:41.280 --> 00:45:44.869 "in a press release that such savings were due to changes 00:45:44.880 --> 00:45:48.289 "in local area load forecasts and strongly influenced 00:45:48.300 --> 00:45:51.380 "by energy efficiency programs and increasing levels 00:45:51.380 --> 00:45:54.760 "of residential rooftop solar generation suggests that 00:45:54.760 --> 00:45:57.389 "more complete and accurate accounting of avoided cost 00:45:57.400 --> 00:46:02.280 "is needed. The $2.6 billion in savings in initial 00:46:02.280 --> 00:46:06.409 "capital costs noted by Kaiso do not reflect the savings 00:46:06.409 --> 00:46:09.369 "of billions of dollars in future returns on equity 00:46:09.369 --> 00:46:12.869 "payments, operations and maintenance costs by the transmission 00:46:12.869 --> 00:46:18.030 "owners. The A C C must avoid cost to accurately reflect 00:46:18.039 --> 00:46:21.440 "the value of DER. I therefore urge staff to consider 00:46:21.440 --> 00:46:25.489 "these savings as an indicator of the major transmission 00:46:25.489 --> 00:46:28.619 "avoided cost and develop methods to estimates the 00:46:28.619 --> 00:46:33.340 "cost savings arising from DER. DERs also contribute 00:46:33.340 --> 00:46:36.690 "to enhance local resilience. This is increasingly important 00:46:36.690 --> 00:46:40.789 "during crises associated with power shut off, wildfires, 00:46:41.110 --> 00:46:44.840 "climate disruption, possible terrorist act. Increased 00:46:44.840 --> 00:46:48.190 "dependency on transmission infrastructure does little 00:46:48.190 --> 00:46:51.139 "to protect ratepayers from these increasingly frequent 00:46:51.139 --> 00:46:54.219 "threats. I urge the Commission to do everything in 00:46:54.219 --> 00:46:57.550 "its power to accelerate local clean, resilient energy, 00:46:57.559 --> 00:47:01.389 "whether on rooftops and micro grid or on the distribution 00:47:01.389 --> 00:47:05.900 "grid. The Commission should take a proactive iterrative 00:47:05.909 --> 00:47:09.360 "approach to support local clean energy in the ACC 00:47:09.360 --> 00:47:12.380 "and in other precedings. 00:47:12.380 --> 00:47:15.329 "We need the California great to be affordable, resilient 00:47:15.440 --> 00:47:20.750 "and environmentally sound and safe. Thank you." 00:47:20.750 --> 00:47:23.619 The next commenter already spoke on the phone, Jim 00:47:23.619 --> 00:47:28.590 Stewart, so I will not read that comment again. 00:47:30.010 --> 00:47:34.679 The next comment is from Tom Coleman. It reads, "Hello 00:47:34.679 --> 00:47:38.289 "CPUC. Please do not approve the merger of T Mobile 00:47:38.289 --> 00:47:41.239 "and Sprint Telecom companies, as this will ultimately 00:47:41.239 --> 00:47:45.079 "harm ratepayers." 00:47:45.079 --> 00:47:49.320 And the last comment is from David McCord. It reads: 00:47:49.880 --> 00:47:53.579 "Hello, I'm David McCord, resident of El Serrito. Since 00:47:53.590 --> 00:47:56.349 "early days rambling with the Sierra, I've been saddened 00:47:56.349 --> 00:47:59.929 "by the continuing retreat of glaciers worldwide. The 00:47:59.940 --> 00:48:03.079 "CPUC's mission includes reducing the greenhouse gas 00:48:03.079 --> 00:48:06.989 "emissions which are responsible. I'm speaking on agenda 00:48:07.000 --> 00:48:10.659 "Item 14, the revised proposed decision on the avoided 00:48:10.659 --> 00:48:14.929 "cost calculator. I commend the RPD for including a 00:48:14.940 --> 00:48:18.500 "value from methane leakage avoided by distributed energy 00:48:18.500 --> 00:48:21.820 "resources. It also takes initial step to include 00:48:21.820 --> 00:48:25.130 "the value of local clean energy in avoiding transmission 00:48:25.130 --> 00:48:28.960 "costs. It recognizes that avoided transmission have 00:48:28.960 --> 00:48:32.170 "value. However, the value is higher than this first 00:48:32.170 --> 00:48:35.639 "step calculates. I urge more accurate estimates before 00:48:35.639 --> 00:48:39.289 "the next update of this calculator. Growth and distributed 00:48:39.300 --> 00:48:42.900 "energy resources one factor that led Kaiso to cancel 00:48:42.909 --> 00:48:47.389 "its $2.6 billion in uneeded transmission projects in 00:48:47.389 --> 00:48:55.079 "2017 and 2018. In a press release, Kaiso said, and I quote, 00:48:55.800 --> 00:48:58.880 "the changes were mainly due to changes in local area 00:48:58.880 --> 00:49:02.849 "load forecasts and strongly influenced by energy efficiency 00:49:02.849 --> 00:49:06.349 "programs and increasing levels of residential rooftop 00:49:06.380 --> 00:49:10.599 "solar generation. Ratepayers saved not just the $2.6 00:49:10.599 --> 00:49:14.179 "billion in initial capital costs but also tens of billions 00:49:14.179 --> 00:49:18.210 "of dollars in future returns on equity payments and operations 00:49:18.210 --> 00:49:21.409 "and maintenance costs by the transmission owners. I 00:49:21.420 --> 00:49:24.769 "urge the staff to consider that major saving from avoided 00:49:24.769 --> 00:49:27.909 "transmission are possible and to develop methods could 00:49:27.909 --> 00:49:33.769 "better estimate the saving from DERs." 00:49:33.769 --> 00:49:37.119 That is all of the comments that we have received that 00:49:37.119 --> 00:49:41.079 we received before 10 o'clock. In the email box. 00:49:41.949 --> 00:49:45.891 Okay, I have, thank you. 00:49:45.903 --> 00:49:49.329 I will get back around. I am understood 00:49:49.329 --> 00:49:53.780 that there are some public comments that have come in 00:49:54.579 --> 00:49:59.380 over the telephone. Is the operators still with 00:49:59.380 --> 00:50:01.360 us? 00:50:01.360 --> 00:50:02.717 Yes, I am. 00:50:02.742 --> 00:50:04.864 Can you give me a sense of how many 00:50:05.050 --> 00:50:07.127 people are in the queue? 00:50:07.152 --> 00:50:09.130 So far we have two. 00:50:09.155 --> 00:50:09.810 Okay, lets 00:50:09.809 --> 00:50:11.860 go forward with those public comments. Even though 00:50:11.860 --> 00:50:14.989 they came in after the time frame, I'd like to allow 00:50:14.989 --> 00:50:16.175 them to speak. 00:50:16.200 --> 00:50:19.480 Thank you. The next Speaker comes from 00:50:19.480 --> 00:50:23.699 Mary Rose Tarek with Reclaim Our Power Utility 00:50:23.699 --> 00:50:27.960 Justice Campaign. Your line is open 00:50:27.960 --> 00:50:29.070 Good morning, 00:50:29.082 --> 00:50:30.590 Commissioners. My name is Mary Rose Tarek, 00:50:30.590 --> 00:50:34.199 I'm the coordinator of the Reclaim Our Power utility 00:50:34.199 --> 00:50:38.530 Justice Campaign. I am working with thousands of wild 00:50:38.539 --> 00:50:42.579 fire survivors, vulnerable communities and local 00:50:42.579 --> 00:50:46.750 clean energy advocates to reimagine a utility beyond 00:50:46.750 --> 00:50:51.190 the PG&E that burns us down to death. You were sent 00:50:51.190 --> 00:50:55.289 nearly 400 email comments from our coalition, not just 00:50:55.289 --> 00:50:59.900 the 33 that the clerk referred to, urging you to reject the 00:50:59.909 --> 00:51:03.320 PG&E plan of reorganization because millions of 00:51:03.320 --> 00:51:08.539 us would lose out from the deal. Can you see a nod 00:51:08.539 --> 00:51:12.800 or raise your hand, if you got our hundreds of emails 00:51:12.920 --> 00:51:18.320 that would be good to see on the screen. While 00:51:18.329 --> 00:51:21.269 the PG&E bankruptcy proceeding isn't on your agenda 00:51:21.269 --> 00:51:23.679 today, we know that you have a role in approving or 00:51:23.679 --> 00:51:27.110 rejecting that plan of reorganization. We look to 00:51:27.119 --> 00:51:32.329 you at the CPUC, to represent the P in your name, to 00:51:32.340 --> 00:51:36.050 represent the public, so that ratepayers and fire survivors 00:51:36.059 --> 00:51:39.460 feel that they come out as winners from this PG&E 00:51:39.460 --> 00:51:43.369 reorganization. And as public servants, wouldn't you 00:51:43.369 --> 00:51:46.880 want to know that the public appreciates you, that you 00:51:46.880 --> 00:51:50.210 fought for them, and that the outcome of this process 00:51:50.590 --> 00:51:53.690 feels good and just? 00:51:53.690 --> 00:51:58.000 And so our demands on this reorganization plan from 00:51:58.000 --> 00:52:03.809 PG&E, we want to make sure the Californians, Californians 00:52:03.809 --> 00:52:07.510 need true safety from fires, smoke, and shut off, and 00:52:07.510 --> 00:52:10.940 this deal doesn't provide it. Californians shouldn't 00:52:11.090 --> 00:52:14.070 should not be forced to pay for the failures of PG&E 00:52:14.070 --> 00:52:17.599 and the deal is full of loopholes that would push 00:52:17.599 --> 00:52:20.619 more cost to the already burdened people of California. 00:52:21.550 --> 00:52:24.280 Impacted communities, including fire victims, need 00:52:24.289 --> 00:52:28.690 to be compensated immediately in cash. This deal hands 00:52:28.690 --> 00:52:32.059 victims volatile stocks that they can't even control. 00:52:33.190 --> 00:52:35.989 And in this moment of public health crisis, Californians 00:52:35.989 --> 00:52:40.070 need utility debt forgiveness as we're ordered to shelter 00:52:40.070 --> 00:52:44.460 in place and the loss of income to pay our bills, and 00:52:44.460 --> 00:52:46.329 this bill does nothing to mitigate the growing 00:52:46.329 --> 00:52:49.269 impact of the economic downturn. And I appreciate President 00:52:49.269 --> 00:52:52.849 Batjer mentioning that this morning, in the opening, 00:52:52.849 --> 00:52:56.539 and I truly hope that you are figuring out how to 00:52:56.539 --> 00:53:00.929 make sure that, especially, low income households are 00:53:00.940 --> 00:53:05.230 protected. California is the rigorous, independent 00:53:05.230 --> 00:53:07.780 Democratic oversight of the utility, and this deal 00:53:07.780 --> 00:53:11.300 continues to rely on the criminal corporation, PG&E, 00:53:11.570 --> 00:53:16.050 to largely regulate themselves. The Board of any entity 00:53:16.050 --> 00:53:19.039 should be accountable to or made up of workers and the 00:53:19.039 --> 00:53:21.820 communities that are most vulnerable. And this deal 00:53:21.820 --> 00:53:24.030 would keep our safety and health in the hands of Wall 00:53:24.030 --> 00:53:28.170 Street and not our communities. And then finally, Californians 00:53:28.170 --> 00:53:31.530 need clean energy and every opportunity to transition 00:53:31.530 --> 00:53:34.980 toward a sustainable future, including using stimulus 00:53:34.989 --> 00:53:38.130 funds to purchase infrastructure for us. And the deal 00:53:38.130 --> 00:53:40.869 does nothing to advance our climate goals and protect 00:53:40.869 --> 00:53:45.050 our state. And in closing, 00:53:45.050 --> 00:53:47.730 because this deal does not ensure that the reorganized 00:53:47.739 --> 00:53:51.469 PG&E will have a transformed safety culture, 00:53:51.849 --> 00:53:55.809 that rates remain neutral nor make meaningful (dinging bell drowns speech) 00:53:56.059 --> 00:53:58.378 California's climate goals, the Commission 00:53:58.390 --> 00:54:00.179 must reject PG&E's reorganization 00:54:00.179 --> 00:54:01.430 plan. Thank you. 00:54:01.455 --> 00:54:04.559 Thank you very much. Operater, I believe 00:54:04.559 --> 00:54:06.883 we have one more speaker. 00:54:06.908 --> 00:54:09.300 Thank you. Our last speaker 00:54:09.300 --> 00:54:14.639 Come from Pete Wayote with Reclaim Our Power. 00:54:14.639 --> 00:54:16.989 Good morning, Commissioners. Thank you for the time 00:54:17.099 --> 00:54:21.670 here today. And my name is Pete Wayote, I'm in 00:54:21.670 --> 00:54:25.420 Oakland, and a part of the Reclaim Our Power Coalition. 00:54:25.760 --> 00:54:31.190 I suffered through months and weeks of smoke in 00:54:31.199 --> 00:54:35.679 Oakland. I've evacuated family members from fire areas. 00:54:36.440 --> 00:54:41.489 I've helped family members get access to needed lifesaving 00:54:41.489 --> 00:54:44.489 equipment as power shutoffs, rained down through 00:54:44.489 --> 00:54:49.519 the malfeasances of the PG&E corporate executives, and my 00:54:49.760 --> 00:54:53.599 partner is still suffering from lung damage experienced 00:54:53.610 --> 00:54:57.539 during the fire. My story is one of millions of 00:54:57.539 --> 00:55:00.449 across California. I want to associate myself with 00:55:00.449 --> 00:55:03.929 the nearly 400 voices that came to your email box, 00:55:04.329 --> 00:55:07.099 this morning, saying that the plan of reorganization 00:55:07.110 --> 00:55:10.579 does not work and we need something different and this 00:55:10.590 --> 00:55:13.800 body is empowered to do it. We've heard a lot in the 00:55:13.800 --> 00:55:17.119 media about PG&E, and Governor Newsom have come 00:55:17.119 --> 00:55:20.590 to a deal and it's signed, sealed, and delivered. You've 00:55:20.590 --> 00:55:23.780 heard the voices today saying that's not true. This 00:55:23.789 --> 00:55:28.460 body has the power to reject this deal, pivot and 00:55:28.460 --> 00:55:30.460 do something different. That's something different 00:55:30.460 --> 00:55:33.190 that this body had, we've heard from Commissioners, 00:55:33.190 --> 00:55:35.909 individually, grasping for something different to do, 00:55:36.070 --> 00:55:40.820 and we have a better vision than a deal that, a, doesn't 00:55:40.820 --> 00:55:44.559 work for victims or fire survivors, trapped them into 00:55:44.559 --> 00:55:48.239 not getting compensated justly, trapped him into being 00:55:48.239 --> 00:55:51.150 a part of the pawn in the Wall Street game that PG&E 00:55:51.150 --> 00:55:54.260 is playing. B, doesn't work for our communities, does 00:55:54.269 --> 00:55:57.789 not protect us from future fires, the power shut off 00:55:57.800 --> 00:56:00.789 doesn't bring disability justice or environmental 00:56:00.789 --> 00:56:06.380 justice principles to the fore. C, is not financially 00:56:06.389 --> 00:56:11.199 sound despite what the CEOs and Wall Street investors 00:56:11.199 --> 00:56:15.250 have said about this plan. Even before the crisis, it 00:56:15.250 --> 00:56:19.269 was own rickety footing, and now, even more so with securitization, 00:56:19.269 --> 00:56:21.980 with all of the Wall Street tricks that are baked into this 00:56:21.989 --> 00:56:25.599 plan, we will be back here in a couple of months, and 00:56:25.599 --> 00:56:29.130 meanwhile, there will be more houses burned, more families 00:56:29.139 --> 00:56:31.739 destroyed, and more of California tarnished under. 00:56:31.750 --> 00:56:36.179 So we are urging you, demanding, that you gotta look 00:56:36.190 --> 00:56:40.090 into the power of the CPUC, the ability of this democratic 00:56:40.090 --> 00:56:43.239 body to stand up and demand something different. A 00:56:43.239 --> 00:56:47.789 clean, renewable, safe, democratically run worker-accountable 00:56:47.789 --> 00:56:50.989 community-accountable entity that is 00:56:51.000 --> 00:56:53.260 no longer putting our health and safety in the hands 00:56:53.260 --> 00:56:55.519 of Wall Street, but it is putting in the hands of the 00:56:55.530 --> 00:56:58.269 people and making sure that we all have the power to live. 00:56:58.269 --> 00:56:59.499 Thank you. 00:56:59.524 --> 00:57:03.190 Thank you, sir. Operator, I think that 00:57:03.190 --> 00:57:07.969 and the people that were in the queue. And we have 00:57:07.969 --> 00:57:12.300 read all of the emails that we have received, before 00:57:12.300 --> 00:57:16.280 10 o'clock this morning. So that ends the public comment 00:57:16.289 --> 00:57:20.949 period. I will now turn to the next item on our agenda 00:57:20.960 --> 00:57:25.980 today. And that is the agenda changes held and 00:57:25.980 --> 00:57:30.079 withdrawn. These are the changes to today's agenda. 00:57:30.929 --> 00:57:34.900 Item number two has been withdrawn. Item number four 00:57:34.900 --> 00:57:39.519 has been withdrawn. Item number five will be held to 00:57:39.519 --> 00:57:45.659 Commission meeting 5-7-20. Item 11 will be taken up 00:57:45.659 --> 00:57:51.429 with the regular agenda. Item 20 will be held until 00:57:51.440 --> 00:57:56.800 the 5-7-20 Commission meeting. Item 29 will be taken 00:57:56.800 --> 00:58:02.530 up with the regular agenda. Item 41 will be taken up 00:58:02.539 --> 00:58:07.170 with the consent agenda. Item 52 has been withdrawn. 00:58:07.980 --> 00:58:11.769 Item 53 will be taken up with the consent agenda. 00:58:13.119 --> 00:58:19.130 President Batjer, this is Ann Simon. May I ask you 00:58:19.139 --> 00:58:28.329 to go back to the first held item, which I believe 00:58:29.119 --> 00:58:35.960 is item nine rather than item five. 00:58:35.960 --> 00:58:39.460 Ann, I have the first item was item two, and 00:58:39.460 --> 00:58:43.119 it was withdrawn. Item four is the second item, and it was 00:58:43.119 --> 00:58:46.360 withdrawn. The third item is item nine, which will 00:58:46.360 --> 00:58:48.319 be held until 5-7-20. 00:58:48.344 --> 00:58:50.494 Thank you very much. 00:58:50.518 --> 00:58:51.210 Does that 00:58:51.210 --> 00:58:54.420 clarify it? 00:58:54.420 --> 00:58:55.937 Yes, it did. 00:58:55.962 --> 00:59:00.489 OK, thank you. With that, I will take 00:59:00.500 --> 00:59:04.489 up the consent items. Is that they're a motion from 00:59:04.489 --> 00:59:05.834 the Commission? 00:59:05.859 --> 00:59:06.772 So moved. 00:59:06.797 --> 00:59:09.510 And that was from Commissioner 00:59:09.510 --> 00:59:12.860 Randolph. And is there a second? 00:59:12.860 --> 00:59:14.063 Second. 00:59:14.088 --> 00:59:17.671 Second from Commissioner Guzman Aceves. 00:59:16.970 --> 00:59:26.899 May I ask the agenda clerk to please call the roll? 00:59:26.899 --> 00:59:29.106 Commissioner Shiroma? 00:59:29.131 --> 00:59:29.842 Aye. 00:59:29.867 --> 00:59:32.546 Commissioner Guzman Aceves? 00:59:32.572 --> 00:59:33.036 Aye. 00:59:33.061 --> 00:59:36.327 Commissioner Randolph? 00:59:36.352 --> 00:59:37.297 Aye. 00:59:37.322 --> 00:59:39.429 Commissioner Rechtschaffen? 00:59:39.453 --> 00:59:40.130 Yes. 00:59:40.155 --> 00:59:43.074 President Batjer. 00:59:43.099 --> 00:59:43.827 Aye. 00:59:43.852 --> 00:59:49.250 Thank you. The Consent Agenda has been 00:59:49.250 --> 00:59:53.780 passed unanimously. We do have some Commissioners who 00:59:53.780 --> 00:59:58.429 would like to speak on the agenda changes 00:59:58.440 --> 01:00:02.119 today. And they are Commission Rechtschaffen who would 01:00:02.119 --> 01:00:06.820 like to make remarks on Item 12, modification of citation 01:00:06.829 --> 01:00:11.769 appellate rules, Item 13, the interim rate waiver for 01:00:11.769 --> 01:00:16.219 electric vehicles, high powered charging, and on item 01:00:16.599 --> 01:00:21.110 53, reappointments to the Disadvantage Community Advisory 01:00:21.110 --> 01:00:24.570 Group. That will be followed by Commissioner 01:00:24.570 --> 01:00:27.820 Guzman Aceves, who wishes to make comments on Item 01:00:27.820 --> 01:00:33.329 16, continued funding of solar on multi-family affordable 01:00:33.329 --> 01:00:36.670 housing programs, SOMA. So Commissioner Rechtschaffen. 01:00:37.889 --> 01:00:39.946 Thank you, 01:00:39.958 --> 01:00:42.179 President Batjer. Item 12 modifies and makes 01:00:42.179 --> 01:00:45.610 permanent the appellate rules that we have had on an 01:00:45.610 --> 01:00:51.059 interim basis for citation. Finalizing this citation 01:00:51.059 --> 01:00:54.590 appeals process is part of our efforts to streamline 01:00:54.599 --> 01:01:00.130 our enforcement processes. And the action also establishes 01:01:00.710 --> 01:01:04.019 an accelerated process for smaller citation amount, 01:01:04.610 --> 01:01:09.929 very similar to the one we have for expedited complaints. 01:01:10.909 --> 01:01:15.230 Resolving complaints timely and resolving citations 01:01:15.239 --> 01:01:18.679 timely helps provide quicker resolution of disputed 01:01:18.679 --> 01:01:22.090 matters for the public and uses our resources most 01:01:22.090 --> 01:01:25.610 efficiently in the process promoting public 01:01:25.610 --> 01:01:30.500 safety. I wanna thank, in particular, the folks in the 01:01:30.500 --> 01:01:33.739 ALJ Division worked on this, Catherine Kwan McDonald 01:01:33.750 --> 01:01:38.010 and retired Anita Janet Economy for their work on 01:01:38.010 --> 01:01:40.929 such an important piece of our enforcement initiative. 01:01:42.760 --> 01:01:47.510 Item 13 approves an interim rate for San Diego 01:01:47.519 --> 01:01:51.320 Gas and Electric medium duty and heavy duty electric 01:01:51.329 --> 01:01:56.050 vehicle customers. The transportation sector represents 01:01:56.059 --> 01:01:59.320 the largest share of greenhouse gas emissions in California, 01:01:59.849 --> 01:02:02.650 and medium and heavy duty vehicles are responsible 01:02:02.659 --> 01:02:06.139 for a disproportionate share of those emissions. A quarter 01:02:06.139 --> 01:02:09.929 of all transportation sector emissions. We know that 01:02:09.929 --> 01:02:14.510 one very significant barrier to EV adoption in this sector 01:02:15.300 --> 01:02:19.340 is that demand charges, which are monthly charges for 01:02:19.340 --> 01:02:23.309 a custome's highest demand during a given month, can 01:02:23.309 --> 01:02:27.219 be very high, and in fact, they could be the largest 01:02:27.599 --> 01:02:32.650 portion of customer's bill. The Legislature's asked us to look 01:02:32.650 --> 01:02:36.840 into this and try to fix it. Pursuant to that directive 01:02:36.849 --> 01:02:40.639 and our own initiative, we've been working to address 01:02:40.650 --> 01:02:43.769 this barrier through better rate design, through all 01:02:43.769 --> 01:02:48.460 of the major IOUs. And this is part of our more general 01:02:48.460 --> 01:02:53.329 and very important strategy of designing the rates 01:02:53.340 --> 01:02:57.460 for electric vehicles so that electricity is a cheaper 01:02:57.460 --> 01:03:01.150 option than fueling your car at the pump, and I think 01:03:01.150 --> 01:03:03.469 we're certainly getting there with the residential 01:03:03.469 --> 01:03:07.309 sector. Now, we're looking at the heavy duty and 01:03:07.320 --> 01:03:11.150 medium duty sector. In this proceeding, we 01:03:11.150 --> 01:03:14.159 approved an interim rate by San Diego Gas and Electric 01:03:14.900 --> 01:03:18.190 that significantly lowers demand charges. We're continuing 01:03:18.190 --> 01:03:21.440 to work on a final rate, and hopefully, we'll have 01:03:21.449 --> 01:03:25.150 that developed by this fall. The decision was based 01:03:25.159 --> 01:03:28.380 on a joint stipulation filed by the parties who worked 01:03:28.389 --> 01:03:32.449 very hard finding common ground. I would also like 01:03:32.460 --> 01:03:35.420 to thank ALJ Stephanie Wang for her very hard work 01:03:35.940 --> 01:03:39.260 on the decision, and the staff team, which included 01:03:39.269 --> 01:03:43.199 Carrie Sisto, Asu Fidel, Paul Philips, Raj 01:03:43.210 --> 01:03:48.230 Nisco, Tony Manzo, and my advisor, Sydney George. And also Julia 01:03:48.230 --> 01:03:54.980 Schmidt. Finally, in Item 53, we approved the reappointment 01:03:54.980 --> 01:03:59.250 of a number of members to Disadvantaged Community Advisory 01:03:59.250 --> 01:04:03.639 Group. We reappointed 10 members so they can continue 01:04:03.639 --> 01:04:07.369 their important work of advising the state on a range 01:04:07.369 --> 01:04:11.030 of clean energy and pollution reduction problems. The 01:04:11.039 --> 01:04:14.019 following members were appointed for two year terms, 01:04:14.030 --> 01:04:18.250 Adrian Martinez, Andres Ramirez, Angela Islas, Roger 01:04:18.250 --> 01:04:21.800 Linn, and Fred Ben, and the following members were appointed 01:04:21.809 --> 01:04:25.559 for one year, Jana Ganyon, Eve Seton, Sam Greshner, 01:04:25.570 --> 01:04:29.000 Stephanie Chin, and Tyreen Roger. We appointed them 01:04:29.389 --> 01:04:31.860 two different term length so that there could be staggered 01:04:31.860 --> 01:04:35.460 terms and continuity on the Board. We thank them all 01:04:35.460 --> 01:04:38.139 for their commitment and very hard work and look forward 01:04:38.139 --> 01:04:41.460 to continuing our work with this body going forward. 01:04:41.989 --> 01:04:42.897 Thank you. 01:04:42.922 --> 01:04:45.620 Thank you, Commissioner Rechtschaffen. Commissioner 01:04:45.619 --> 01:04:48.670 Guzman Aceves. 01:04:48.670 --> 01:04:50.461 Excuse me. 01:04:50.473 --> 01:04:52.320 Thank you. I just also wanted to highlight 01:04:52.329 --> 01:04:56.239 the, as President Batjer mentioned, the SOMA decision, 01:04:56.239 --> 01:05:00.739 which is the affordable housing solar incentive 01:05:00.739 --> 01:05:06.409 program. And this decision extended the collection 01:05:06.420 --> 01:05:09.329 of a similar topic we'll be talking about next on 01:05:09.340 --> 01:05:13.530 the auction revenue from the Cap and Trade Program. 01:05:13.800 --> 01:05:16.789 And this portion is the portion dedicated to clean 01:05:16.789 --> 01:05:21.199 energy projects. Approximately will be around 100 million 01:05:21.199 --> 01:05:24.460 annually for rooftop solar for multifamily affordable 01:05:24.460 --> 01:05:29.500 housing. And we've continued it until 2026. Thank you 01:05:29.500 --> 01:05:30.385 very much. 01:05:30.410 --> 01:05:33.063 Thank you, Commissioner Guzman Aceves. 01:05:33.469 --> 01:05:39.809 Are there any other comments on the agenda? Okay, seeing 01:05:39.809 --> 01:05:44.889 none, we will now move on to the regular agenda 01:05:44.900 --> 01:05:49.639 items, and we will begin with item 11. And that is 01:05:49.760 --> 01:05:52.894 Commissioner Rechtschaffen's item. 01:05:52.919 --> 01:05:54.829 Thank you, President 01:05:54.829 --> 01:05:58.909 Batjer. I want to start off by thanking the great team 01:05:58.909 --> 01:06:01.400 who worked on this decision because they deserve to 01:06:01.400 --> 01:06:05.190 be thanked up front for all their great work. First, 01:06:05.199 --> 01:06:08.989 Judge Steven Darfur for expertly managing the case 01:06:09.480 --> 01:06:12.980 including multiple hearings, public participation meetings, 01:06:12.980 --> 01:06:16.690 evidentiary issues, and so forth. Issuing a very thoughtful 01:06:16.690 --> 01:06:20.519 decision, well-reasoned decision and working so cooperatively 01:06:20.519 --> 01:06:24.260 with a host of staff and my office and Commission 01:06:24.260 --> 01:06:27.289 Guzman Aceves's office, my Bagley-Keene partner. 01:06:27.920 --> 01:06:31.170 There was a very strong team of people who worked on 01:06:31.170 --> 01:06:35.969 this as well. Michael Moores, Lisa Prigocean, 01:06:36.289 --> 01:06:40.300 Helena Muskevitch, Enrique Gallardo, Rob Osborne, Sherry 01:06:40.309 --> 01:06:44.250 Wooster, Caleb Jones, Cindy Yun. My advisor, Sandie 01:06:44.250 --> 01:06:47.820 Goldberg, who did the tremendous work on this. Also Commission 01:06:47.820 --> 01:06:50.590 Guzman Aceves and her advisers, Michael Minkus, 01:06:51.179 --> 01:06:55.480 Jonathan Colts, and Sarah Sharp. I'd like to start by 01:06:55.480 --> 01:06:57.829 just clearing up a couple of jurisdictional issues 01:06:58.380 --> 01:07:01.239 that were raised here and that resolved by this decision. 01:07:02.280 --> 01:07:06.929 This is a merger of both Sprint's Landline Service 01:07:06.940 --> 01:07:11.579 and Sprint and T-Mobile wireless companies. The companies 01:07:11.579 --> 01:07:15.320 sought that closed their merger on April 1st and to 01:07:15.320 --> 01:07:18.260 withdraw the application they had pending with the 01:07:18.260 --> 01:07:22.110 Commission, arguing that they did not need to wait for 01:07:22.110 --> 01:07:26.329 our approval. On April 1st, I issued an assigned Commissioner 01:07:26.329 --> 01:07:30.400 rulings directing them not to merge California subsidiaries 01:07:30.880 --> 01:07:35.400 before the CPUC acted on their application. 01:07:36.079 --> 01:07:39.489 Companies did close the merger but agreed not to merge 01:07:39.489 --> 01:07:43.519 the California operations until after we decided this 01:07:43.530 --> 01:07:46.809 matter today. 01:07:46.809 --> 01:07:49.840 The applicants continue to dispute our jurisdiction 01:07:49.840 --> 01:07:54.110 to review wireless mergers. We very fundamentally disagree 01:07:54.110 --> 01:07:57.489 on this point, and the decision rejects their challenge 01:07:57.980 --> 01:08:00.769 to our jurisdiction. 01:08:00.769 --> 01:08:04.670 Let me talk now about the mertis and why we reached the 01:08:04.679 --> 01:08:09.780 decision that we did. This was a tough case for me, 01:08:10.269 --> 01:08:14.130 tough because there's a presumption that there will 01:08:14.130 --> 01:08:18.420 be an adverse impact on competition when you go from 01:08:18.430 --> 01:08:21.270 four nationwide facility-based providers. In this 01:08:21.270 --> 01:08:26.119 case, Verizon, AT&T, T-Mobile and Sprint to just 01:08:26.130 --> 01:08:31.180 three. Fewer companies generally means less competition 01:08:32.069 --> 01:08:34.960 and this can lead to higher prices. And we've seen 01:08:34.960 --> 01:08:40.109 this in other industries. Sprint and T-Mobile have been 01:08:40.270 --> 01:08:43.350 competitors, pretty fierce competitors, and they have 01:08:43.350 --> 01:08:49.270 been leaders in low price offerings to customers. And 01:08:49.270 --> 01:08:53.090 also the traditional indices, The Hurtgen Deal 01:08:53.090 --> 01:08:58.279 Hirsman HHI Indices that antitrust experts use 01:08:59.000 --> 01:09:03.560 to determine levels of market concentration, in this 01:09:03.560 --> 01:09:08.899 case, show that, after the merger, the HII index will 01:09:08.899 --> 01:09:15.649 be over the presumptive anti-competitive level in 18 01:09:15.949 --> 01:09:20.619 markets in California, including Los Angeles, where 01:09:20.630 --> 01:09:26.689 T-Mobile will have 57, the new T-Mobile, 57% of the market. 01:09:26.840 --> 01:09:32.720 Our standard overview is found in 2 code sections 01:09:32.720 --> 01:09:37.199 of the Public Utilities Code, Section 854B, which 01:09:37.199 --> 01:09:40.800 says to authorize a merger, we must find that it provides 01:09:40.800 --> 01:09:46.489 economic benefits and will not adversely affect competition. 01:09:47.470 --> 01:09:52.510 Under 854C, so-called public interest balancing test, 01:09:52.520 --> 01:09:56.439 we much find that, on balance, the merger is in the 01:09:56.439 --> 01:10:00.689 public interest, and one of the criteria we consider 01:10:00.689 --> 01:10:04.159 in making that determination is whether there are mitigation 01:10:04.159 --> 01:10:09.069 measures to prevent any significant adverse consequences. 01:10:09.659 --> 01:10:13.069 It could be anti-competitive effects. The merger could 01:10:13.079 --> 01:10:15.800 still go forward if, on balance, the merger is in the 01:10:15.810 --> 01:10:21.409 public interest. Ultimately Judge Bemesderferconcluded, 01:10:21.460 --> 01:10:25.399 and I concluded, that the benefits here outweigh the 01:10:25.399 --> 01:10:29.050 potential adverse impact and that the merger is in 01:10:29.050 --> 01:10:33.569 the public interest. And there were several key factors 01:10:34.289 --> 01:10:38.560 that influenced my decision. 01:10:38.560 --> 01:10:42.250 First, the new company, the combined T-Mobile and Sprint 01:10:42.250 --> 01:10:48.460 company will have assets and spectrum on a scale 01:10:48.460 --> 01:10:53.159 that's needed to compete with Verizon and AT&T, 01:10:53.159 --> 01:10:57.189 the two existing large incumbents, in the rollout 01:10:57.199 --> 01:11:01.060 in deployment of 5G, fifth generation technology, 01:11:01.060 --> 01:11:04.890 the technology that, from everything we've heard, promises 01:11:04.899 --> 01:11:09.560 to change everything. In particular, the spectrum holdings 01:11:09.560 --> 01:11:14.770 of Sprint and T Mobile are complementary. T-Mobile 01:11:14.770 --> 01:11:16.590 has (ding) 01:11:16.590 --> 01:11:18.920 I hope that doesn't mean I'm going over my time. 01:11:18.920 --> 01:11:25.020 I'm so sorry. That was my phone. We would not do that 01:11:25.020 --> 01:11:27.449 to you, Commissioner Rechtschaffen. 01:11:27.474 --> 01:11:28.560 It's okay. 01:11:28.560 --> 01:11:32.869 It's okay. T-Mobile has a substantial amount of low-band spectrum. 01:11:33.359 --> 01:11:37.600 Sprint has large amounts of mid-band spectrum. The combined 01:11:37.609 --> 01:11:41.590 spectrum capacity, along with the additional cell 01:11:41.590 --> 01:11:44.930 sites from the two companies combined, will provide 01:11:44.939 --> 01:11:48.739 for benefits, not just additive benefits but synergistic 01:11:48.750 --> 01:11:53.029 benefits in 5G coverage. So that is a very important 01:11:53.029 --> 01:11:55.260 factor. 01:11:55.260 --> 01:11:59.439 Second, T-Mobile, despite the merger, will continue 01:11:59.439 --> 01:12:03.079 to have a strong incentive to compete with the incumbent 01:12:03.079 --> 01:12:07.090 carriers on price and quality. And in particular, it 01:12:07.090 --> 01:12:11.069 will have this incentive because otherwise it won't 01:12:11.069 --> 01:12:15.380 be able to realize the benefits of this massive investment 01:12:15.510 --> 01:12:19.880 in acquiring Sprint. Plus, the massive investment is 01:12:19.880 --> 01:12:23.829 committed to making 5G over the next several years. 01:12:23.829 --> 01:12:28.020 It plans to invest $7.8 billion in California over 01:12:28.020 --> 01:12:31.340 the next 6 years. It won't realize the benefits of that 01:12:31.340 --> 01:12:36.229 investment unless it competes for customers and takes customers way 01:12:36.229 --> 01:12:39.250 from the incumbent carriers. 01:12:39.250 --> 01:12:43.449 Third, there's substantial uncertainty about whether 01:12:43.460 --> 01:12:47.539 Sprint, if it stays as a freestanding company, has the 01:12:47.550 --> 01:12:51.050 financial resources to effectively compete in the 01:12:51.060 --> 01:12:54.699 future, especially as we move to a wide scale 5G 01:12:54.699 --> 01:12:57.420 deployment. 01:12:57.420 --> 01:13:02.569 And finally the FCC, the Federal Communications Commission, 01:13:03.250 --> 01:13:06.590 and the Department of Justice and a Federal District 01:13:06.590 --> 01:13:11.300 Court, that heard and resolved litigation filed by the 01:13:11.300 --> 01:13:14.260 California Attorney General and 10 other Attorney Generals, 01:13:15.149 --> 01:13:18.350 have all approved the merger. The agreements by the 01:13:18.359 --> 01:13:21.090 federal agencies included a number of commitments 01:13:21.100 --> 01:13:25.529 to mitigate the anticompetitive harms from the merger. 01:13:26.600 --> 01:13:30.039 The U. S Department of Justice, in particular, conditioned 01:13:30.039 --> 01:13:34.159 its approval on an agreement designed to build up Dish 01:13:34.170 --> 01:13:39.500 as fourth wireless competitors. Among other things, Sprint 01:13:39.500 --> 01:13:43.729 is required to divest certain assets to Dish, including 01:13:43.739 --> 01:13:48.260 its prepaid wireless customers and 800 megahertz spectrum, 01:13:48.850 --> 01:13:52.670 and Dish committed to use the spectrum it owns to become 01:13:52.670 --> 01:13:57.640 4th nationwide 5G competitors. It is certainly 01:13:57.640 --> 01:14:00.420 true, as the parties have raised, that it will take some 01:14:00.420 --> 01:14:04.260 time for Dish to become an effective competitors. There 01:14:04.270 --> 01:14:06.880 remain serious questions about how successful it will 01:14:06.880 --> 01:14:12.569 be. But at the end of the day, this condition means 01:14:12.729 --> 01:14:16.970 that there will be four wireless carriers post-merger. 01:14:17.039 --> 01:14:20.550 So that does, something maybe quite a bit, we'll see 01:14:20.550 --> 01:14:24.050 but something significant to counter that presumptively 01:14:24.060 --> 01:14:29.600 anti-competitive nature of the merger. Finally, the 01:14:29.600 --> 01:14:32.850 commitments to the FCC included an agreement that service 01:14:32.850 --> 01:14:37.739 plans will not increase service plan prices 01:14:37.750 --> 01:14:41.229 won't increase the three years, even if service quality 01:14:41.449 --> 01:14:44.869 gets better, the prices will stay the same for three years. 01:14:45.590 --> 01:14:49.000 Those were very significant factors. Additionally, 01:14:49.539 --> 01:14:53.630 and very importantly, our decision imposes a number 01:14:53.640 --> 01:14:58.760 of additional conditions for California. Each conditions 01:14:59.239 --> 01:15:02.189 were based on representation that T-Mobile and Sprint 01:15:02.239 --> 01:15:05.939 made in our proceeding and also California specific 01:15:05.939 --> 01:15:09.890 committments that T-Mobile made in memorandums of agreements 01:15:09.899 --> 01:15:12.600 reached with the California Emerging Technology Fund 01:15:12.939 --> 01:15:17.470 and the Natural Diversity Coalition. One very important 01:15:17.470 --> 01:15:21.850 condition addresses the expansion of Lifeline 01:15:21.850 --> 01:15:25.039 for low income customers, which T Mobile currently does not 01:15:25.050 --> 01:15:28.729 participate in. I'll just read through very quickly 01:15:28.729 --> 01:15:33.760 the major conditions. As I said, Lifeline was very important 01:15:34.140 --> 01:15:37.260 to me, and I know it's so important to the Commission. 01:15:39.239 --> 01:15:42.560 The decision requires T-Mobile to participate in 01:15:42.569 --> 01:15:45.260 Lifeline for as long as they're providing a service in 01:15:45.260 --> 01:15:49.310 California, not anything less ambigious. So long as they're 01:15:49.310 --> 01:15:52.069 providing a service in California, they must participate 01:15:52.069 --> 01:15:55.939 in Lifeline. T-Mobile also must add 300,000 Lifeline 01:15:55.939 --> 01:15:59.739 customers in the next five years. 01:15:59.739 --> 01:16:03.109 There currently are important pilot projects that 01:16:03.109 --> 01:16:06.420 the Commission has approved for CARE customers and foster 01:16:06.420 --> 01:16:11.270 care companies being implemented by Boost Mobile. The 01:16:11.270 --> 01:16:14.550 decision requires T Mobile to continue these projects 01:16:14.930 --> 01:16:17.890 or if they can't because they don't receive approval 01:16:17.890 --> 01:16:21.239 from to do that to establish new replacement projects. 01:16:21.729 --> 01:16:25.510 Bottom line, those pilots will keep going. With 01:16:25.510 --> 01:16:29.470 regard to 5G deployment and download speeds, 01:16:29.470 --> 01:16:32.560 T-Mobile made strong commitments to the FCC about 5G 01:16:32.560 --> 01:16:37.430 deployment speed between now and 2026, including the 01:16:37.430 --> 01:16:40.350 overall population that would be served, the rural 01:16:40.350 --> 01:16:43.550 population, in-home broadband customers, and so forth. 01:16:44.029 --> 01:16:48.119 We included in the decision these terms in terms 01:16:48.119 --> 01:16:52.539 of California specific population commitments. And the 01:16:52.539 --> 01:16:55.560 decision includes commitments with regard to speeds, 01:16:55.630 --> 01:17:02.510 50, 100, 300 megabytes from now through 2026. T-Mobile 01:17:02.520 --> 01:17:06.979 also must prioritized 5G rollout or can unserved 01:17:06.989 --> 01:17:10.640 or underserved California areas is a program to provide 01:17:11.029 --> 01:17:15.020 5g service for 10 rural fairgrounds, which is very important 01:17:15.020 --> 01:17:17.739 because these rural fairgrounds have been used as evacuation 01:17:17.750 --> 01:17:22.329 centers in recent power safety shutoffs. 01:17:22.329 --> 01:17:25.130 T-Mobile must also maintain the current quality of its 01:17:25.210 --> 01:17:29.949 4G LTE service until its customers on that service 01:17:29.960 --> 01:17:35.729 migrate to 5G in 2026. 01:17:35.729 --> 01:17:39.159 With respect to backup power, in the proposed decision, 01:17:39.170 --> 01:17:41.840 there was a requirement for 72 hour backup power. 01:17:42.829 --> 01:17:45.329 We removed that requirement, deferring to President 01:17:45.329 --> 01:17:49.039 Batjers Emergency Disaster Relief proceeding where her 01:17:49.079 --> 01:17:52.050 assigned Commissioner ruling recently proposed backup requirements 01:17:52.529 --> 01:17:56.239 for all communications utilities not just Sprint and T-Mobile. 01:17:57.460 --> 01:18:01.420 The decision requires that there be not, with respect 01:18:01.420 --> 01:18:05.970 to jobs decision requires not that there not simply 01:18:05.970 --> 01:18:11.199 that there be no net loss of jobs, but that 1000 additional 01:18:11.199 --> 01:18:14.409 jobs in California in the next five years be provided. 01:18:15.659 --> 01:18:17.640 T-Mobile has committed to adding about 01:18:17.700 --> 01:18:21.470 1000 jobs in a new call center in Kingsberg 01:18:21.470 --> 01:18:25.299 in the Central Valley. The decision includes language 01:18:25.310 --> 01:18:29.039 that T-Mobile will focus on new hires for the center 01:18:29.039 --> 01:18:32.379 coming from the region in consultation with local 01:18:32.379 --> 01:18:35.599 workforce development boards, economic development 01:18:35.599 --> 01:18:38.590 organizations and nearby community colleges, such as 01:18:38.599 --> 01:18:43.200 West Hill Community College. The decision includes 01:18:43.200 --> 01:18:47.550 very strong enforcement provisions. It includes the 01:18:47.550 --> 01:18:50.450 establishment of an independent compliance monitor 01:18:50.900 --> 01:18:54.510 paid for by T-Mobile. The Communications division will 01:18:54.510 --> 01:18:58.050 develop a temptation program to facilitate enforcement 01:18:58.050 --> 01:19:01.050 of the settlement, and very importantly, the decision 01:19:01.050 --> 01:19:04.739 provides that both the PUC and the 01:19:04.739 --> 01:19:08.400 Attorney General may enforce the CPUC conditions of 01:19:08.400 --> 01:19:11.090 approval. And with respect to the Attorney General, 01:19:11.090 --> 01:19:14.919 this is significant because the decision provides that 01:19:14.919 --> 01:19:17.650 enforcement by the Attorney General will complement, 01:19:18.239 --> 01:19:22.469 not undermine, our enforcement. So we envision a complementary 01:19:22.469 --> 01:19:25.350 relationship with the Attorney General, both upon 01:19:25.350 --> 01:19:28.159 a referral from the Commission or in his own independent 01:19:28.169 --> 01:19:33.309 capacity can enforce the conditions of approval. Finally, 01:19:33.309 --> 01:19:36.309 with respect to the California Emerging Technology 01:19:36.320 --> 01:19:39.889 Fund commitment, we include many of these commitments 01:19:40.079 --> 01:19:43.389 as conditions of our order, but not all of them. Some 01:19:43.389 --> 01:19:46.749 we strengthened. Some, we did not feel were appropriate 01:19:47.419 --> 01:19:51.480 to include the commitments were reached as part of 01:19:51.490 --> 01:19:55.049 the agreement between CTF and T-Mobile. It was not 01:19:55.049 --> 01:19:57.480 a settlement presented to the parties and the Commission 01:19:57.650 --> 01:20:00.309 for its approval, and we think that what we did was 01:20:00.320 --> 01:20:03.680 most appropriate in light of that. With that, I 01:20:03.680 --> 01:20:06.230 will turn to questions or comments. And I ask for your 01:20:06.279 --> 01:20:08.124 support with this decision. 01:20:08.149 --> 01:20:09.514 Thank you very much, 01:20:09.769 --> 01:20:12.900 Commissioner Rechtschaffen. Are there any other comments or 01:20:12.909 --> 01:20:17.540 questions on item number 11? 01:20:17.540 --> 01:20:21.350 Yes. Okay. Commissioner Guzman Aceves, please. 01:20:22.400 --> 01:20:24.344 Thank you, 01:20:24.356 --> 01:20:26.359 President Batjer. I also want to thank all 01:20:26.359 --> 01:20:29.459 the staff for their tremendous work on this decision 01:20:29.459 --> 01:20:32.209 and particularly Commissioner Rechtschaffen for his 01:20:32.220 --> 01:20:37.040 leadership. This decision is also not an easy 01:20:37.040 --> 01:20:42.209 one for me. Basic economic theory of competition 01:20:42.489 --> 01:20:47.250 is violated with the consolidation of providers. 01:20:47.889 --> 01:20:51.380 Nevertheless, I think all of the commitments that are 01:20:51.389 --> 01:20:54.560 put forward here provide for the mitigation of that 01:20:54.560 --> 01:20:59.480 moving forward. I think I reflect upon two things 01:20:59.480 --> 01:21:02.730 in making the decision. One is you may recall in 01:21:02.739 --> 01:21:06.820 one of our initial public forums on the merger, we 01:21:06.820 --> 01:21:10.889 had experts from all sides, including a professional 01:21:10.889 --> 01:21:14.709 from Stanford who warned us against the approach 01:21:14.709 --> 01:21:19.010 of providing mitigation components because they're 01:21:19.010 --> 01:21:23.250 unenforceable, the merger agreements tend to be never 01:21:23.250 --> 01:21:26.929 monitored or enforced. And as we sit here today 01:21:26.929 --> 01:21:30.389 during the COVID crisis, we see many of the merger 01:21:30.389 --> 01:21:33.149 commitments that were made in previous agreements, 01:21:33.839 --> 01:21:36.700 particularly regarding the affordable plan offerings 01:21:36.709 --> 01:21:41.169 that have been made under those agreements, to be not 01:21:41.179 --> 01:21:45.010 fully implemented. And I know that hopefully something 01:21:45.010 --> 01:21:48.040 will be focusing on forthcoming. But many of those 01:21:48.049 --> 01:21:52.579 commitments are not reaching the goals that they 01:21:52.579 --> 01:21:55.519 made in terms of low-income participation in these 01:21:55.530 --> 01:22:00.510 plans. It's something that is of great concern. But 01:22:00.510 --> 01:22:04.589 that is also why the enforcement provision in this 01:22:04.600 --> 01:22:07.859 decision is so critical, and in addition to what was 01:22:07.869 --> 01:22:10.030 highlighted by Commissioner Rectschaffen, I want 01:22:10.030 --> 01:22:13.859 to also highlight that the development of a citation 01:22:13.859 --> 01:22:17.450 program to enforce some of these elements that are 01:22:17.940 --> 01:22:22.060 hard to do on a timely basis without having a citation 01:22:22.060 --> 01:22:28.049 program in place and things like, you know, little 01:22:28.049 --> 01:22:30.149 elements like those that we're facing today with the 01:22:30.149 --> 01:22:34.810 COVID response of what the facilitation is of verifying 01:22:34.810 --> 01:22:38.870 eligibility for these programs and how difficult some 01:22:38.870 --> 01:22:41.940 of the carriers are making this right now or how easy 01:22:41.979 --> 01:22:44.250 some carriers have stepped in to make it right now. 01:22:45.240 --> 01:22:47.810 It's just to say that I think that one of the 01:22:47.810 --> 01:22:51.209 most critical elements of this decision is the enforcement 01:22:51.209 --> 01:22:55.170 provision. And that is why I'll be supporting it 01:22:55.170 --> 01:22:58.909 today to make sure that we have not just all of these 01:22:58.909 --> 01:23:02.839 commitments from the company, but actually making them enforceable. 01:23:03.940 --> 01:23:04.955 Thank you. 01:23:04.980 --> 01:23:08.024 Thank you. Commissioner Guzman Aceves. 01:23:08.209 --> 01:23:11.550 Would any of the other Commissioners like to speak? 01:23:12.240 --> 01:23:15.539 I can't see Commissioner Randolph. So Okay. Commissioner 01:23:15.539 --> 01:23:17.740 Shiroma? 01:23:17.740 --> 01:23:22.529 Thank you, President Batjer. So, first of all, 01:23:22.789 --> 01:23:26.560 I'd like to recognize what I'll call the extraordinary 01:23:26.570 --> 01:23:31.349 feat of putting forth this decision for us to vote 01:23:31.349 --> 01:23:38.709 on today. And I appreciate that the tough 01:23:38.839 --> 01:23:45.320 assessment and review of the competitive 01:23:45.329 --> 01:23:48.860 ability, the business attributes, and wWhat does it mean 01:23:48.979 --> 01:23:53.149 for consumers. And, remember, that this goes back to the 01:23:53.159 --> 01:24:00.579 roots of breaking apart Ma Bell. And, so all 01:24:00.579 --> 01:24:06.289 in all, I am going to be supporting the proposed decision. 01:24:06.940 --> 01:24:11.070 Thank you, Commissioner Rechtschaffen and Commissioner Guzman Aceves 01:24:11.079 --> 01:24:14.310 for the Bagley-Keene partnership, for the efforts of the 01:24:14.310 --> 01:24:20.810 entire team and Judge Feenster for. As Commissioner 01:24:20.920 --> 01:24:25.469 Rechtschaffen outlined, there are some key attributes to this 01:24:25.479 --> 01:24:29.779 merger. And as the assigned Commissioner on Lifeline, 01:24:29.950 --> 01:24:35.510 I so very much appreciate the metrics 01:24:35.750 --> 01:24:39.060 that are included in this merger, the requirement, the 01:24:39.060 --> 01:24:42.670 condition, the enforceability of the overall commitment 01:24:42.670 --> 01:24:47.500 of new T-Mobile to offer Lifeline, which is the low 01:24:47.510 --> 01:24:51.550 income discount program for phone service. Also, the 01:24:52.019 --> 01:24:56.700 inclusion of in-home broadband service, which is so 01:24:56.700 --> 01:25:01.589 important for internet access and it is really being 01:25:01.599 --> 01:25:05.760 applied in today's world, in the COVID-19 world 01:25:05.760 --> 01:25:11.969 of students needing to be taught through 01:25:11.969 --> 01:25:16.070 the Internet and to connect with their, the other students 01:25:16.070 --> 01:25:19.000 and connect with their teachers through that, and 01:25:19.000 --> 01:25:23.649 it was really highlighted that there are gaps in California 01:25:24.039 --> 01:25:30.459 and this merger really addresses filling the gaps and 01:25:30.620 --> 01:25:37.260 the callout of little areas. Growing up as a country 01:25:37.260 --> 01:25:43.070 kid in El Campo, first with no telephones, then with 01:25:43.070 --> 01:25:47.019 the party line telephone, and then our line. Of course now, fast 01:25:47.029 --> 01:25:51.120 forward to today and all the wireless features that I 01:25:51.120 --> 01:25:55.450 never had available. Just being able to have that means 01:25:55.459 --> 01:26:00.050 for communication is essential for security and safety. 01:26:00.639 --> 01:26:09.700 And the continuity of the programs, the 01:26:10.130 --> 01:26:16.219 Foster Youth program, also the program that links 01:26:16.219 --> 01:26:21.610 up the low-income energy program with the low income, 01:26:21.620 --> 01:26:25.700 our Lifeline program. Those pilot projects are essential 01:26:25.709 --> 01:26:29.670 for success. And again, it's really typified how 01:26:29.670 --> 01:26:34.659 essential those are in today's world. And finally, the job 01:26:34.670 --> 01:26:40.469 retention and job increase attributes are really 01:26:40.469 --> 01:26:45.010 important for this merger. And all in all, I think it's providing 01:26:45.010 --> 01:26:50.570 a big, comprehensive package and again, I do appreciate 01:26:50.579 --> 01:26:54.550 all the efforts in putting together the proposed decision. 01:26:54.599 --> 01:26:55.599 Thank you. 01:26:55.624 --> 01:26:58.599 Thank you, Commissioner Shiroma. Commissioner 01:26:58.599 --> 01:27:01.329 Randolph, did you have some comments to make? 01:27:01.354 --> 01:27:02.239 Yes. 01:27:02.249 --> 01:27:06.150 Thank you. Commissioner Guzman Aceves really expressed 01:27:06.160 --> 01:27:11.589 a lot of of my thoughts about this PD. I think 01:27:11.589 --> 01:27:15.200 it provides the opportunity to create a new enforcement 01:27:15.200 --> 01:27:19.820 paradigm. As she correctly noted, a lot of times 01:27:19.829 --> 01:27:23.020 these agreements, the enforcement of those conditions 01:27:23.030 --> 01:27:26.390 that are really important to protect consumers from 01:27:26.390 --> 01:27:29.780 the lack of competition created by the merger are not 01:27:29.780 --> 01:27:33.999 robustly enforced. And so I really appreciated 01:27:33.999 --> 01:27:38.119 Commissioner Rechtschaffen's attention to ensuring 01:27:38.119 --> 01:27:42.079 the enforceability of those conditions, the coordination 01:27:42.079 --> 01:27:44.839 with the Attorney General's office, the independent 01:27:44.839 --> 01:27:48.509 monitor, the ongoing reporting. And I think, probably 01:27:48.509 --> 01:27:50.709 most importantly, as Commissioner Guzman Aceves 01:27:50.709 --> 01:27:53.369 expressed, the citation program that will provide an 01:27:53.369 --> 01:27:56.719 ongoing opportunity to ensure that these conditions 01:27:56.729 --> 01:28:00.920 are fulfilled. So with that, I am in support of the 01:28:00.920 --> 01:28:03.540 decision. And I really appreciate the work of Commissioner 01:28:03.540 --> 01:28:08.459 Rechtschaffen and ALJ Beemister. Thank you. 01:28:08.459 --> 01:28:10.760 Thank you, Commissioner 01:28:10.772 --> 01:28:12.560 Randolph. I would just briefly add 01:28:12.560 --> 01:28:16.839 my great thanks and commend Commission Rechtschaffen 01:28:16.839 --> 01:28:20.650 for his incredible leadership on the very long and 01:28:20.650 --> 01:28:27.709 complex proceeding and also my thanks to his BK partner, 01:28:28.930 --> 01:28:33.910 his Bagley-Keene partner, Martha Guzman Aceves, for 01:28:33.910 --> 01:28:38.589 all of her dogged and hard work and research in this 01:28:38.589 --> 01:28:42.849 complex proceeding. I do add my thanks to the judge, 01:28:42.859 --> 01:28:46.839 the many staff members who have worked so hard, and 01:28:46.839 --> 01:28:49.709 I appreciate greatly the comments of my fellow Commissioners, 01:28:49.709 --> 01:28:53.749 I will not spend time to restate or echo them, but 01:28:53.749 --> 01:28:57.879 I am in full agreement. I do, indeed, want and hope that 01:28:57.879 --> 01:29:00.690 we ensure the impact to the consumers in this transition 01:29:00.700 --> 01:29:06.989 are minimal and that we, indeed, each of the important 01:29:06.999 --> 01:29:10.229 public benefit programs that have been well talked 01:29:10.229 --> 01:29:15.020 about today, that they are fully carried out by the 01:29:15.020 --> 01:29:21.060 merged companies. So with that, I would ask for 01:29:21.070 --> 01:29:24.678 the agenda clerk to call the roll. 01:29:24.703 --> 01:29:26.099 for item 11. 01:29:26.099 --> 01:29:27.749 Commissioner Shiroma? 01:29:27.774 --> 01:29:28.299 Aye. 01:29:28.324 --> 01:29:30.523 Commission Guzman Aceves? 01:29:31.739 --> 01:29:32.404 Aye. 01:29:32.429 --> 01:29:34.399 Commissioner Randolph? 01:29:34.424 --> 01:29:35.237 Aye. 01:29:35.261 --> 01:29:37.698 Commissioner Rechtschaffen? 01:29:38.440 --> 01:29:38.990 Yes. 01:29:39.015 --> 01:29:40.640 President Batjer? 01:29:40.665 --> 01:29:44.464 Aye. Thank you. The vote is unanimous. 01:29:44.910 --> 01:29:49.749 Thank you very much. Moving on to Item 29. This item 01:29:49.759 --> 01:29:53.749 is held until the conclusion of the closed session 01:29:53.749 --> 01:29:58.469 on legal matters. Next will be Item 40 which is Commissioner 01:29:58.469 --> 01:30:01.540 Randolph's item. 01:30:01.540 --> 01:30:05.729 All right. Thank you, President Batjer. So in my 01:30:05.729 --> 01:30:11.520 notes for today, I decided to start with thanking all 01:30:11.520 --> 01:30:14.209 of the people who worked on this decision, patting myself 01:30:14.209 --> 01:30:16.849 on the back for the innovation of doing the thank yous 01:30:16.859 --> 01:30:19.589 first, and then Commissioner Rechtschaffen went ahead and 01:30:19.589 --> 01:30:23.530 did it with his his item. So I guess it's not very 01:30:23.530 --> 01:30:28.469 original, but I'll do it anyway. So first, I want 01:30:28.469 --> 01:30:32.589 to take my BK partner, Commissioner Shiroma, who, along 01:30:32.589 --> 01:30:36.070 with Commissioner Guzman Aceves, have taken 01:30:36.070 --> 01:30:40.280 the lead in rolling up their sleeves to focus on concrete 01:30:40.290 --> 01:30:43.719 steps that we can take to help individual Californians 01:30:44.109 --> 01:30:47.900 as they're dealing with our health, economic and social 01:30:47.910 --> 01:30:52.160 disruption, both in the energy world and in the telco 01:30:52.160 --> 01:30:55.609 world. I want to thank Deputy Executive Director 01:30:55.609 --> 01:30:58.690 Ed Randolph for his creativity in working with his 01:30:58.700 --> 01:31:03.160 team and the Energy Division to find creative ideas 01:31:03.160 --> 01:31:06.489 and solutions. And a special thank you to Amy Mizzrobian 01:31:06.489 --> 01:31:09.810 for working on this particular PD. I want to 01:31:09.820 --> 01:31:12.969 thank the ALJ Division for being ready and willing 01:31:12.969 --> 01:31:16.410 to be nimble in finding ways to implement these solutions. 01:31:17.140 --> 01:31:20.670 I wanna thank Judges Gene McKinney and Patrick 01:31:20.670 --> 01:31:24.190 Doherty and are incomparable Star team for getting 01:31:24.190 --> 01:31:28.489 this PD out in an expeditious way. Thanks to Mitchell 01:31:28.489 --> 01:31:31.770 Chatson from the Legal division, Luann Testify from 01:31:31.770 --> 01:31:34.660 Commissioner Shiroma's office, my chief of staff, 01:31:34.660 --> 01:31:38.930 Christine Powell and adviser Suzanne Casaza. And I want 01:31:38.930 --> 01:31:42.009 to thank President Batjer and Commissioner Rechtschaffen 01:31:42.020 --> 01:31:45.520 for, as the Governor frequently says, meeting the 01:31:45.520 --> 01:31:49.119 moment we find ourselves in with hard work, determination 01:31:49.129 --> 01:31:54.770 and creativity to solve problems. This PD is just one 01:31:54.780 --> 01:31:59.869 small step in trying to help consumers who are sheltering 01:31:59.869 --> 01:32:03.550 in place, who are working from home, conducting school 01:32:03.550 --> 01:32:07.129 from home and caring for children from home, and are 01:32:07.129 --> 01:32:11.170 using more electricity and gas than normal and will 01:32:11.170 --> 01:32:15.709 likely face higher bills as a result. So this proposal 01:32:15.709 --> 01:32:19.440 allows us to take a small no-cost step to alleviate 01:32:19.450 --> 01:32:23.160 some of that financial impact. The PD accelerates the 01:32:23.170 --> 01:32:25.920 schedule of an existing bill credit called the Climate 01:32:25.920 --> 01:32:29.829 Credit, so that customers see rate relief now rather 01:32:29.829 --> 01:32:33.020 than later in the year. The Climate Credit is a bill 01:32:33.020 --> 01:32:36.489 credit that electric customers receive twice a year 01:32:36.499 --> 01:32:40.530 from the revenue that IOUs received for sales 01:32:40.540 --> 01:32:43.550 of their greenhouse gas allowances as part of the cap 01:32:43.550 --> 01:32:47.859 and trade program. Normally, the Climate Credit shows 01:32:47.859 --> 01:32:51.060 up on customer bills in the Spring and Fall with two 01:32:51.060 --> 01:32:55.570 installments. This PD accelerates schedules for dispersement 01:32:55.570 --> 01:32:58.739 of the Climate Credit, so these customers will receive 01:32:58.739 --> 01:33:02.200 credits now and in the next few months, when they're 01:33:02.200 --> 01:33:05.729 really needed the most. So under this proposal, they 01:33:05.729 --> 01:33:10.060 will receive their credit in April, May and June. This 01:33:10.060 --> 01:33:13.499 will require some rapid billing changes that the utilities 01:33:13.509 --> 01:33:16.879 must implement. So, if needed, we've granted them the 01:33:16.879 --> 01:33:20.910 ability to spread the credit over July as well. So 01:33:20.910 --> 01:33:24.920 as I mentioned, this is just one piece of efforts 01:33:24.920 --> 01:33:31.979 led by my colleagues and CPUC staff to take action 01:33:31.979 --> 01:33:35.790 to help ensure Californians are able to weather this 01:33:35.800 --> 01:33:40.739 time. As President better mentioned, the IOUs 01:33:40.739 --> 01:33:43.790 are suspending disconnections due to non payment 01:33:43.800 --> 01:33:47.060 for both residential and commercial customers, they 01:33:47.060 --> 01:33:50.129 are offering customers the opportunity create flexible 01:33:50.129 --> 01:33:53.200 payment plans. And they're really working to ensure 01:33:53.200 --> 01:33:56.450 that customers are aware of the bill discount program 01:33:56.459 --> 01:34:00.499 for low income customers, the CARE and FAIR programs 01:34:00.940 --> 01:34:04.079 So I encourage you, if you are aware of anyone who 01:34:04.079 --> 01:34:08.599 is struggling with their utility bills, to check 01:34:08.599 --> 01:34:13.329 out those programs. So thank you. And I ask for 01:34:13.329 --> 01:34:14.676 your support of this item. 01:34:14.701 --> 01:34:15.920 Thank you, Commissioner 01:34:15.920 --> 01:34:19.430 Randolph. Are their comments on item 40? Yes, Commissioner 01:34:19.499 --> 01:34:21.940 Shiroma? 01:34:21.940 --> 01:34:24.095 Thank you. Yes, 01:34:24.107 --> 01:34:26.440 I'm honored to be Commissioner Randolph's 01:34:26.680 --> 01:34:32.450 Bagley-Keene partner on this. 01:34:32.450 --> 01:34:37.469 As Commissioner Randolph outline, there are a lot of folks 01:34:37.979 --> 01:34:43.469 involved who quickly came together. I mean, quickly. A 01:34:43.790 --> 01:34:49.249 SWAT team really. To come up with ideas and to 01:34:49.249 --> 01:34:52.629 figure out how to do this so we could build on it 01:34:52.999 --> 01:34:57.390 today. And this involved extensive work, of course 01:34:57.400 --> 01:35:01.530 by the Energy division in acquiring the metrics that 01:35:01.530 --> 01:35:05.869 are needed to assess, to figure out what are the 01:35:05.879 --> 01:35:09.550 patterns of the last few weeks as people are staying 01:35:09.550 --> 01:35:14.849 at home to flatten the curve and lower the curve. So 01:35:15.520 --> 01:35:21.489 I'm really gratified to be involved in the brainstorming and 01:35:21.499 --> 01:35:24.769 seeing how it all came together and I look toward you 01:35:24.789 --> 01:35:27.180 to voting aye on this. Thank you. 01:35:27.205 --> 01:35:29.523 Thank you, Commissioner Shiroma. 01:35:29.920 --> 01:35:32.640 Are there other comments? 01:35:32.640 --> 01:35:37.670 Okay, I will just add my very strong thanks to Commissioner 01:35:37.670 --> 01:35:42.309 Randolph, Commissioner Shiroma, and the Energy Division 01:35:42.319 --> 01:35:46.420 staff, and Judge Doherty and McKinney who worked 01:35:46.420 --> 01:35:51.330 on this. This is extraordinarily important. As Commissioner 01:35:51.330 --> 01:35:55.059 Shiroma just said that we have worked very expeditiously 01:35:55.690 --> 01:35:59.110 which I'm thrilled that that we can be nimble. 01:35:59.279 --> 01:36:04.019 The CUPC can be nimble. And when the times called 01:36:04.029 --> 01:36:07.680 for it, as this so much does for our fellow Californians, 01:36:07.860 --> 01:36:11.999 this is extremely important. And I think the staff 01:36:12.009 --> 01:36:15.680 that worked so hard, and to your point, innovatively, 01:36:16.330 --> 01:36:23.180 to bring this to us today. So, with that I would 01:36:23.190 --> 01:36:27.519 ask that the agenda clerk call the roll for 01:36:27.529 --> 01:36:28.678 item number 40. 01:36:28.703 --> 01:36:31.384 For item 40, Commissioner Shiroma? 01:36:32.239 --> 01:36:33.172 Aye. 01:36:33.197 --> 01:36:35.971 Commissioner Guzman Aceves? 01:36:35.996 --> 01:36:36.958 Aye. 01:36:36.983 --> 01:36:39.146 Commissioner Randolph? 01:36:39.171 --> 01:36:39.891 Aye. 01:36:41.140 --> 01:36:43.525 Commissioner Rechtschaffen? 01:36:43.550 --> 01:36:44.320 Aye. 01:36:44.345 --> 01:36:46.074 President Batjer? 01:36:46.099 --> 01:36:47.600 Aye. Okay, the 01:36:47.600 --> 01:36:51.160 vote is unanimous on item number 40. Moving on to item 01:36:51.160 --> 01:36:54.969 number 42 which is going to be presented by Commissioner 01:36:55.100 --> 01:36:56.300 Shiroma. 01:36:56.325 --> 01:36:59.900 Yes. Thank you. So this is an extension order 01:36:59.910 --> 01:37:04.380 for proceeding called Judy and John Almond versus 01:37:04.390 --> 01:37:08.860 PG&E. And I would like to ask for your 01:37:08.940 --> 01:37:13.410 support to extend the deadline for this complete case by 01:37:13.420 --> 01:37:19.209 six months. To October 22, 2020. What has occurred 01:37:19.209 --> 01:37:21.850 is that the parties in the proceeding have actually reached 01:37:21.860 --> 01:37:24.219 a settlement and reached that settlement in December 01:37:24.219 --> 01:37:28.650 of 2019 through the Commission's alternative dispute 01:37:28.660 --> 01:37:33.180 resolution process. And PG&E is now seeking approval 01:37:33.479 --> 01:37:36.650 of the settlement from the U. S. Bankruptcy court. 01:37:37.340 --> 01:37:41.739 So as you heard from many commenters today, there is a 01:37:41.739 --> 01:37:45.819 lot going long in that bankruptcy proceeding. And 01:37:45.830 --> 01:37:50.350 we need this extension of time to allow for the bankruptcy 01:37:50.350 --> 01:37:54.539 court to have that time to review the matter and to fold it 01:37:54.549 --> 01:37:59.252 into the overall bankruptcy ruling. Thank you. 01:37:59.277 --> 01:38:00.820 Thank you 01:38:00.819 --> 01:38:03.779 Are there any, thank you. Commissioner Shiroma, are there 01:38:03.779 --> 01:38:09.100 any comments on item 42? Okay, seeing none. Will the 01:38:09.110 --> 01:38:11.319 agenda clerk please call the roll. 01:38:11.344 --> 01:38:14.752 For Item 42, Commissioner Shiroma? 01:38:14.777 --> 01:38:15.724 Aye. 01:38:15.749 --> 01:38:17.861 Commissioner Guzman Aceves? 01:38:17.886 --> 01:38:18.565 Aye. 01:38:18.590 --> 01:38:20.419 Commissioner Randolph? 01:38:20.444 --> 01:38:21.029 Aye. 01:38:21.053 --> 01:38:23.647 Commissioner Rechtschaffen? 01:38:23.672 --> 01:38:24.191 Aye. 01:38:24.216 --> 01:38:25.772 President Batjer? 01:38:26.239 --> 01:38:29.900 Aye. Thank you. The vote is unanimous. We're now moving 01:38:29.900 --> 01:38:33.049 on the item 43 that is going to be presented by Commissioner 01:38:33.049 --> 01:38:34.053 Rechtschaffen. 01:38:34.078 --> 01:38:36.779 This is a request for an extension in 01:38:36.779 --> 01:38:41.049 our mobile home park proceeding. We voted on a major 01:38:41.049 --> 01:38:45.450 decision today that extends the program for up to 10 01:38:45.450 --> 01:38:49.049 years with a program review in 2025. I want to thank 01:38:49.110 --> 01:38:52.600 the cross discipline team of PUC staff who worked 01:38:52.600 --> 01:38:57.160 on it and ALJ Kirsten for her very, very hard work and 01:38:57.160 --> 01:39:01.709 diligence in getting that decision out. We are, however, 01:39:01.719 --> 01:39:06.219 keeping the program open, the preceding open, and this 01:39:06.229 --> 01:39:09.100 item would extend the statutory deadline until the 01:39:09.100 --> 01:39:11.989 end of the year to delve deeper into two outstanding 01:39:11.989 --> 01:39:15.110 issues that we could not quite wrestle to the ground 01:39:15.110 --> 01:39:20.190 in the major decision. One is the options for electrification 01:39:20.190 --> 01:39:25.410 of Mobile Home Parks, an important issue as we move forward 01:39:25.410 --> 01:39:27.900 on our building decarbonization efforts statewide. 01:39:28.380 --> 01:39:33.580 And second is looking into consumer protections, in 01:39:33.580 --> 01:39:38.209 particular how of prevent increases in rents in mobile 01:39:38.209 --> 01:39:40.749 home park tenants after the conversion program. So 01:39:40.749 --> 01:39:43.590 those two issues are the reasons we need to continue 01:39:43.590 --> 01:39:46.410 to keep the preceding open and extend the statutory 01:39:46.410 --> 01:39:49.900 deadline til December 31st. I ask for your support. 01:39:51.380 --> 01:39:54.319 Thank you, Commissioner Rechtschaffen. Any comments 01:39:54.330 --> 01:40:00.499 on Item 43. Okay. Seeing non. Will the agenda clerk 01:40:00.590 --> 01:40:02.036 please call the roll. 01:40:02.061 --> 01:40:04.333 For item 43, Commissioner Shiroma? 01:40:05.090 --> 01:40:05.823 Aye. 01:40:05.848 --> 01:40:08.022 Commissioner Guzman Aceves? 01:40:08.048 --> 01:40:09.001 Aye. 01:40:09.025 --> 01:40:11.243 Commissioner Randolph? 01:40:11.269 --> 01:40:12.007 Aye. 01:40:12.640 --> 01:40:14.947 Commissioner Rechtschaffen? 01:40:14.972 --> 01:40:15.716 Yes 01:40:15.742 --> 01:40:17.379 President Batjer? 01:40:17.404 --> 01:40:17.949 Aye 01:40:18.539 --> 01:40:22.910 Thank you. The vote is unanimous. Moving on to item 01:40:23.600 --> 01:40:28.340 number 44, and that is Commissioner Randolph. 01:40:28.340 --> 01:40:31.630 This is an order extending statutory deadline for 01:40:31.630 --> 01:40:35.799 the Goldline Claremont and Pomona Crossings Extension. 01:40:36.239 --> 01:40:40.190 The deadline for completing this case had been 01:40:40.200 --> 01:40:44.799 extended to April 20, 2020. However, we need a few 01:40:44.799 --> 01:40:48.110 more months to finish up the proposed decision and 01:40:48.110 --> 01:40:51.979 place it on a Commission meeting agenda. So we're asking 01:40:51.979 --> 01:40:57.870 for a short extension to June 26, 2020. I ask for your 01:40:57.870 --> 01:40:58.830 support. 01:40:58.855 --> 01:41:01.709 Thank you, Commissioner Randolph. Are there 01:41:01.709 --> 01:41:06.640 any comments on item number 44? Okay, seeing none. 01:41:07.140 --> 01:41:10.549 Would the agenda clerk please call the role for 01:41:10.549 --> 01:41:12.323 item number 44. 01:41:12.348 --> 01:41:14.193 Commissioner Shiroma? 01:41:14.218 --> 01:41:14.808 Aye. 01:41:14.833 --> 01:41:17.583 Commissioner Guzman Aceves? 01:41:17.608 --> 01:41:18.500 Aye. 01:41:19.809 --> 01:41:21.503 Commissioner Randolph? 01:41:21.528 --> 01:41:22.068 Aye. 01:41:22.092 --> 01:41:24.595 Commissioner Rechtschaffen? 01:41:24.620 --> 01:41:25.429 Aye. 01:41:25.454 --> 01:41:26.767 President Batjer? 01:41:26.793 --> 01:41:29.120 Aye. Thank you. The vote is 01:41:29.120 --> 01:41:33.200 unanimous. Moving on to item 45. Commissioner Guzman 01:41:33.259 --> 01:41:34.697 Aceves will present. 01:41:34.722 --> 01:41:36.999 Thank you. President Batjer. This is 01:41:36.999 --> 01:41:40.539 in order extending a statutory deadline for the Demand 01:41:40.549 --> 01:41:44.479 Response Prohibited Resources rules that we passed. 01:41:45.120 --> 01:41:48.370 The three large IOUs filed applications mid 01:41:48.370 --> 01:41:52.880 last year. And they requested delays on the, to 01:41:52.880 --> 01:41:54.969 allow them to consider some of the results from their 01:41:54.969 --> 01:41:59.410 pilot, which they did submit in November of last year. 01:41:59.920 --> 01:42:04.209 So the parties have all asked for an additional delay 01:42:04.219 --> 01:42:09.930 to be able to finish with reply briefs and consider 01:42:10.289 --> 01:42:14.120 how to move forward on the PD. And I'm asking for the 01:42:14.120 --> 01:42:19.390 extension until October this year. 01:42:19.390 --> 01:42:25.259 Are there any comments or questions on item 45? Okay. 01:42:25.269 --> 01:42:27.660 Seeing none. Would the agenda clerk will call the roll? 01:42:28.620 --> 01:42:31.238 For Item 45, Commissioner Shiroma? 01:42:31.263 --> 01:42:31.898 Aye. 01:42:31.923 --> 01:42:33.827 Commissioner Guzman Aceves? 01:42:34.640 --> 01:42:35.490 Aye. 01:42:35.515 --> 01:42:38.041 Commissioner Randolph? 01:42:38.066 --> 01:42:38.943 Aye. 01:42:38.968 --> 01:42:40.940 Commissioner Rechtschaffen? 01:42:40.964 --> 01:42:41.620 Yes. 01:42:42.640 --> 01:42:43.848 President Batjer? 01:42:43.873 --> 01:42:46.644 Aye. Thank you. The vote is unanimous. 01:42:47.009 --> 01:42:50.900 Moving on to item number 46 that will be presented 01:42:50.900 --> 01:42:52.649 by Commissioner Rechtschaffen. 01:42:52.674 --> 01:42:54.340 Thank you, President Batjer. 01:42:54.340 --> 01:42:57.289 This is an extension order for the Crimson California 01:42:57.289 --> 01:43:00.850 Pipeline rate case. The case consists of a crude 01:43:00.850 --> 01:43:05.080 oil pipeline rate case consolidated with two applications 01:43:05.090 --> 01:43:08.219 seeking rate increases. Evidentiary hearings have 01:43:08.219 --> 01:43:11.580 been completed. We anticipate a proposed decision will 01:43:11.580 --> 01:43:16.549 be issued very soon, this month or shortly thereafter. 01:43:16.940 --> 01:43:19.620 In the abundance of caution, we're asking for an extension 01:43:19.620 --> 01:43:23.479 of the statutory deadline for six months until October 01:43:23.479 --> 01:43:27.378 24, 2020. I ask for your support. 01:43:27.403 --> 01:43:29.293 Okay. Thank you. 01:43:29.850 --> 01:43:33.650 Are there any questions or comments on item 46? 01:43:34.850 --> 01:43:37.299 Okay, seeing none. Will the agenda clerk please call 01:43:37.299 --> 01:43:38.732 the roll. 01:43:38.757 --> 01:43:41.605 For item 46, Commissioner Shiroma? 01:43:41.630 --> 01:43:41.980 Aye 01:43:42.005 --> 01:43:44.789 Comissioner Guzman Aceves? 01:43:44.814 --> 01:43:46.128 Aye. 01:43:46.153 --> 01:43:48.254 Commissioner Randolph? 01:43:48.279 --> 01:43:48.726 Aye. 01:43:48.752 --> 01:43:51.337 Commissioner Rechtschaffen? 01:43:51.362 --> 01:43:51.790 Yes. 01:43:51.814 --> 01:43:52.400 Yes 01:43:52.425 --> 01:43:54.158 President Batjer? 01:43:54.184 --> 01:43:56.950 Aye. Thank you all. The 01:43:56.959 --> 01:44:00.380 votes are unanimous for item 46. Moving on to item 01:44:00.390 --> 01:44:05.170 47. This is my item. This order extending statutory 01:44:05.170 --> 01:44:12.249 deadline is for R18-10-007, rulemaking to implement 01:44:12.249 --> 01:44:15.860 utility wildfire mitigation plans. This proceeding was 01:44:15.870 --> 01:44:20.489 opened to review the 2019 Wildfire Mitigation Plans of 01:44:20.489 --> 01:44:23.819 the California electric utilities and the independent 01:44:23.819 --> 01:44:27.160 transmission owners. The Commission's new Wildfire 01:44:27.160 --> 01:44:30.910 Safety division is reviewing the 2020 plans, but this 01:44:30.920 --> 01:44:35.950 proceeding remains open to address three items. 01:44:35.959 --> 01:44:39.700 Issues. Excuse me. The first issue is we need to consider 01:44:39.700 --> 01:44:42.759 input from the California Wild Fire Safety Advisory 01:44:42.759 --> 01:44:48.759 Board, coming in June 2020. Two, the decision 01:44:48.759 --> 01:44:52.559 making on the matrix to assess the effectiveness of 01:44:52.559 --> 01:44:57.049 the electrical wildfire mitigation, and 01:44:57.219 --> 01:45:00.660 third, to provide a form to address the issues 01:45:00.670 --> 01:45:05.930 that may arise during the 2020 Wildfire Season. Therefore 01:45:05.940 --> 01:45:09.269 this decision extends the statuory deadline in this 01:45:09.269 --> 01:45:13.670 proceeding to December 31, 2020, to accommodate these 01:45:13.680 --> 01:45:20.059 issues and the attendant timeframes to them. So, 01:45:20.069 --> 01:45:24.420 and with that I request and ask for your support. Will the 01:45:24.420 --> 01:45:26.915 agenda clerk please call the roll. 01:45:26.940 --> 01:45:30.135 For item 47, Commissioner Shiroma? 01:45:30.160 --> 01:45:30.500 Aye. 01:45:30.525 --> 01:45:33.175 Commissioner Guzman Aceves? 01:45:33.200 --> 01:45:33.660 Aye. 01:45:33.684 --> 01:45:37.024 Commissioner Randolph? 01:45:37.049 --> 01:45:37.906 Aye 01:45:37.931 --> 01:45:39.867 Commissioner Rechtschaffen? 01:45:39.892 --> 01:45:40.512 Aye. 01:45:40.537 --> 01:45:41.988 President Batjer? 01:45:42.789 --> 01:45:46.870 Aye. Thank you. The vote is unanimous. Moving now on to 01:45:46.870 --> 01:45:50.400 item 48 which is going presented by Commission 01:45:50.400 --> 01:45:51.364 Rechtschaffen. 01:45:51.389 --> 01:45:54.187 This is another 01:45:54.199 --> 01:45:56.459 order extending time. Section 768 of 01:45:56.459 --> 01:45:59.830 the Public Utility Code sets out certain requirements 01:45:59.840 --> 01:46:03.069 for water and electric utilities emergency preparedness 01:46:03.069 --> 01:46:07.130 plan. This proceeding is integrating these requirements 01:46:07.140 --> 01:46:11.150 into our existing rules on emergency preparedness. 01:46:11.840 --> 01:46:14.390 In an earlier phase of the proceeding, we developed 01:46:14.400 --> 01:46:18.450 new rules to address physical safety risk to utility 01:46:18.450 --> 01:46:23.269 infrastructure. Staff has issued a proposal which would 01:46:23.279 --> 01:46:28.219 strengthen utilities emergency preparedness requirements 01:46:28.219 --> 01:46:32.069 and plans. The parties have filed comments. We need 01:46:32.069 --> 01:46:34.880 more time to review those comments and issue a proposed 01:46:34.880 --> 01:46:38.059 decision. We fully expect to wrap the proceeding up 01:46:38.059 --> 01:46:43.009 in the next six months by November 29, 2020. I ask for 01:46:43.009 --> 01:46:45.979 your support in the deadline of the extension til 01:46:45.979 --> 01:46:46.942 that date. 01:46:46.967 --> 01:46:49.830 Okay, Are there any comments or questions 01:46:49.840 --> 01:46:53.440 on Item 48? 01:46:53.440 --> 01:46:57.660 Seeing none, will the agenda clerk, please call the roll. 01:46:57.670 --> 01:47:00.611 For item 48, Commissioners 01:47:00.623 --> 01:47:03.370 Shiroma? Aye. Comissioner Guzman Aceves? 01:47:04.219 --> 01:47:05.069 Aye. 01:47:05.094 --> 01:47:07.620 Comissioner Randolph? 01:47:07.646 --> 01:47:08.386 Aye. 01:47:08.411 --> 01:47:10.045 Comissioner 01:47:10.057 --> 01:47:10.606 Rechtschaffen? 01:47:10.631 --> 01:47:11.088 Aye. 01:47:11.113 --> 01:47:12.971 President Batjer? 01:47:12.996 --> 01:47:13.501 Aye. 01:47:13.527 --> 01:47:17.344 Thank you. The vote is unanimous. All right 01:47:17.549 --> 01:47:22.390 we will now move on to the management reports. There 01:47:22.390 --> 01:47:27.539 is no report for Item 49, report and discussion on recent 01:47:27.539 --> 01:47:31.100 consumer protections and safety activities. And there 01:47:31.110 --> 01:47:36.039 is no report for Item 51, manager report on administrative 01:47:36.049 --> 01:47:40.200 activities. We will now take up item 50 which is the 01:47:40.200 --> 01:47:44.190 Bay Area Rapid Transit to Meet Commission Compliance 01:47:44.200 --> 01:47:51.539 Ordered by the Decision 1810020. I will turn it over 01:47:51.539 --> 01:47:56.569 now to Executive Director Alice Stebbins to introduce our 01:47:56.580 --> 01:48:01.140 BART speaker. Alice? 01:48:01.140 --> 01:48:04.519 Thank you, President Batjer and Commissioners, our 01:48:04.529 --> 01:48:07.680 assistant general manager of operations, Tamar Alan 01:48:07.690 --> 01:48:10.880 and Chief Safety Officer Jeff Lau are here for their 01:48:10.880 --> 01:48:14.400 second presentation to you as a result of BART enforcement 01:48:14.400 --> 01:48:19.029 order instituting an investigation 16-06-020, 01:48:19.039 --> 01:48:23.160 which requires BART to appear each year before 01:48:23.160 --> 01:48:26.700 May 1st to in form the Commission of BARTs efforts to 01:48:26.700 --> 01:48:30.080 improve their safety culture. This is one of several 01:48:30.080 --> 01:48:34.630 compliance requirements. Our rail safety, our Rail 01:48:34.640 --> 01:48:38.080 Transit Safety Branch staff meet with BART routinely 01:48:38.090 --> 01:48:41.080 to monitor progress and continue to track all of the 01:48:41.080 --> 01:48:45.229 compliance requirements in the OII. At this time, 01:48:45.239 --> 01:48:49.900 I will turn it over to Tamara and Jeff. 01:48:49.900 --> 01:48:52.509 Good morning, Commissioners. And I just want to make 01:48:52.509 --> 01:48:55.439 sure that you guys can hear us, OK? 01:48:55.464 --> 01:48:56.779 Yes, we can. 01:48:56.789 --> 01:49:00.150 Great. Okay. Thank you for the introduction, but 01:49:00.160 --> 01:49:02.140 first, I just want to thank you for these Commission 01:49:02.140 --> 01:49:05.779 staff for making this virtual meeting very seamless. 01:49:06.319 --> 01:49:09.269 And for that, we want to express our appreciation. 01:49:09.739 --> 01:49:13.690 Without further ado, I'm just gonna go right into the presentation. 01:49:14.279 --> 01:49:19.340 First, I believe we're on slide number 20. 01:49:19.340 --> 01:49:23.120 Now that we move to the next slide, number 21. As 01:49:23.120 --> 01:49:26.309 mentioned by the Executive Director, we have a couple 01:49:26.309 --> 01:49:30.019 conditions from the probation that we have to meet. 01:49:30.029 --> 01:49:34.759 And I'm pleased to report that for the last year, 2019, 01:49:34.769 --> 01:49:39.150 we have met all the conditions as settled into 01:49:39.539 --> 01:49:44.850 probation order. So on 21, just quickly, we have paid 01:49:44.850 --> 01:49:49.150 the second installment of the fine. In September 2019. 01:49:50.900 --> 01:49:55.190 Moving on to the next slide, number 22. All the required 01:49:55.200 --> 01:50:01.370 signage remains posted at all our stations. 01:50:01.370 --> 01:50:06.059 Next slide. We have submitted the required annual report 01:50:06.809 --> 01:50:11.749 to the Rail Safety Division Director for 2019. 01:50:11.799 --> 01:50:16.799 It was submitted on January 27, 2020. 01:50:16.799 --> 01:50:20.950 The next slide, number 24, safety culture assessment. 01:50:21.549 --> 01:50:25.259 That assessment was completed, and that assessment 01:50:25.259 --> 01:50:29.739 have greatly informed us on what to do. With regards to SMS 01:50:29.809 --> 01:50:33.509 and out development off the P Test. That's the agency 01:50:33.509 --> 01:50:37.920 safety plan. 01:50:37.920 --> 01:50:41.600 As for the last condition required by the probation 01:50:41.930 --> 01:50:45.200 is the safety training for BART managers and senior 01:50:45.200 --> 01:50:49.459 staff. As Commission President mentioned earlier today, 01:50:49.729 --> 01:50:53.610 BART is definitely under lots of challenges with regard 01:50:53.610 --> 01:50:58.269 to the COVID-19 Coronavirus pandemic. In addition 01:50:58.269 --> 01:51:01.440 to running the railroad by Tamara and myself, making 01:51:01.440 --> 01:51:04.200 sure that the employee's safety is not being compromised, 01:51:04.610 --> 01:51:08.469 we have to make sure that the the safety of the employees 01:51:08.469 --> 01:51:12.549 and customers are insured. So also as a result of the 01:51:12.549 --> 01:51:15.989 shelter in place order, we cannot conduct the in-person 01:51:15.989 --> 01:51:18.959 training classes as required by the first year of the 01:51:18.959 --> 01:51:22.239 safety training program. But thank you for all the 01:51:22.249 --> 01:51:25.279 assistance from the Commission staff. The Rail Safety 01:51:25.279 --> 01:51:28.390 division were able to work out a solution, and 01:51:28.390 --> 01:51:31.989 the solution is to conduct the remaining classes remotely 01:51:31.999 --> 01:51:36.959 online. So with that, that's just a delay in our completion 01:51:36.959 --> 01:51:40.319 of the first year program, and we're definitely submit the 01:51:40.319 --> 01:51:43.080 certification as soon as those processes are completed. 01:51:44.830 --> 01:51:48.259 Moving on to the next slide. Number 26. It's just a 01:51:48.259 --> 01:51:52.989 quick recap of what we have done since 2013, and 01:51:52.999 --> 01:51:56.069 I'm not going to elaborate on this one because we talk about 01:51:56.080 --> 01:51:59.549 this in length last year. 01:51:59.549 --> 01:52:03.519 And the next slide, number 27, is a continuation of those 01:52:03.519 --> 01:52:06.870 programs. I just want to highlight a couple of those 01:52:07.590 --> 01:52:10.479 updates. You see there, at the bottom of the slide, 01:52:10.479 --> 01:52:14.390 that we have already hired the SMS Safety Data Analyst. 01:52:14.910 --> 01:52:17.930 And also the last bullet. The new Department of Fire Life 01:52:17.930 --> 01:52:22.559 Safety. We've established that department and Tamara 01:52:22.559 --> 01:52:24.670 is going to talk a bit more about that department 01:52:25.029 --> 01:52:27.770 in a moment. 01:52:27.770 --> 01:52:31.560 So moving on to the slide number 28, these are the new 01:52:31.589 --> 01:52:36.520 initiatives that BART has done in year 2019. You can 01:52:36.529 --> 01:52:40.180 see that there are a bunch of different initiatives that we have 01:52:40.189 --> 01:52:43.379 done. So I'm not go into detail on each of the 01:52:43.390 --> 01:52:46.600 bullets. 01:52:46.600 --> 01:52:50.560 Number 29 is the SMS training. As I mentioned earlier, 01:52:50.569 --> 01:52:54.830 bodies already in the program of training all these 01:52:54.839 --> 01:52:58.879 senior managers and staff on SMS and that is a required 01:52:58.890 --> 01:53:05.680 component for the P Task implementation. 01:53:05.680 --> 01:53:09.830 And then the next slide, number 30, the P TASP. We 01:53:09.830 --> 01:53:13.710 working closely with the CPUC staff on the 01:53:13.899 --> 01:53:18.120 P TASP. We make sure that all of the required elements 01:53:18.160 --> 01:53:21.430 in the P TASP. And I'm happy to announce that we have 01:53:21.439 --> 01:53:24.950 already submitted that, the P TASP to the CPUC staff. 01:53:25.339 --> 01:53:28.830 And we are awaiting the final comments from the PUC. 01:53:28.830 --> 01:53:32.060 Hopefully, we'll get the conditional approval 01:53:32.419 --> 01:53:35.810 from the PUC staff so that we can put the document 01:53:35.819 --> 01:53:39.520 in front of our Board for approval. And of course, 01:53:39.810 --> 01:53:43.830 like the PUC Commission, the BART board has been meeting 01:53:43.830 --> 01:53:47.779 virtually. Hopefully that will be no issue for us to 01:53:47.790 --> 01:53:51.089 get the approval on the P TASP because, as you know, 01:53:51.089 --> 01:53:54.379 that's a deadline of July 2020 that we want to get 01:53:54.379 --> 01:53:57.480 this plan approved by the Board and formally submit 01:53:57.489 --> 01:53:59.186 that to you guys. 01:53:59.211 --> 01:54:02.704 Jeff, this is Commissioner Randolph. 01:54:03.290 --> 01:54:06.850 Could you just take a few seconds to just explain what 01:54:06.850 --> 01:54:11.660 SMS and P TASP for people listening 01:54:11.660 --> 01:54:14.157 who may not be familiar with the acronyms. 01:54:14.182 --> 01:54:17.410 Comissioner Randolph, I was going to ask the same. 01:54:17.410 --> 01:54:21.980 No problem. SMS stand for Safety Management System is 01:54:21.980 --> 01:54:25.129 a totally brand new framework that all the agencies 01:54:25.140 --> 01:54:29.810 are required to adopt. Before this new regulation from 01:54:29.810 --> 01:54:34.969 the FTA, we have been using a document called the System 01:54:34.969 --> 01:54:38.700 Safety Program Plan to guide our safety initiative 01:54:38.700 --> 01:54:42.919 and also programs. But FTA decided that all the public 01:54:42.919 --> 01:54:47.450 transit agencies needs to adopt a more scalable and 01:54:47.450 --> 01:54:51.509 more proactive approach on. That's why they asked us 01:54:51.509 --> 01:54:56.370 to adopt this SMS approach. SMS approach is modeled after 01:54:56.370 --> 01:54:59.710 the FAA model. The FAA used this model for the 01:54:59.710 --> 01:55:03.779 airlines and with that model they were able to achieve 01:55:03.989 --> 01:55:06.569 improvement in the safety culture at the airlines. 01:55:06.830 --> 01:55:10.040 So that's why they want us to adopt the SMS approach. 01:55:10.560 --> 01:55:13.689 As for the P TASP, it stands for the Public Transit Agency 01:55:13.700 --> 01:55:18.069 Safety Plan. It is a plan that's required by all agency 01:55:18.069 --> 01:55:22.899 to develop and adopt. And within that plan, it promulgates 01:55:22.899 --> 01:55:28.319 all the SMS elements. So SMS is a framework 01:55:28.700 --> 01:55:32.350 abstract. But the P TASP is a concrete document that 01:55:32.989 --> 01:55:36.540 put the concept it into words, into programs that each 01:55:36.549 --> 01:55:39.890 agency is committed to implement at their own agencies. 01:55:44.029 --> 01:55:45.090 Right. Thank you. 01:55:45.115 --> 01:55:47.149 Okay. Moving forward to the next 01:55:47.149 --> 01:55:51.450 slide. Number 31. A part of the new initiative, 01:55:51.739 --> 01:55:55.980 our senior leadership that has set up a new position 01:55:55.980 --> 01:56:01.299 called the SMS Manager. The main goal already on this slide. 01:56:01.660 --> 01:56:05.310 We will definitely fill out this position as soon as this 01:56:05.319 --> 01:56:11.520 COVID-19 situation is resolved. Next slide, 32. 01:56:11.520 --> 01:56:17.439 Safety database. We are on track with this database, with 01:56:17.450 --> 01:56:21.020 this database, we will improve the safety data analysis 01:56:21.029 --> 01:56:24.169 and also tracking, and they'll help us with the SMS 01:56:24.169 --> 01:56:27.180 implementation. 01:56:27.180 --> 01:56:30.310 Next slide. I'm not going to the details, but this 01:56:30.310 --> 01:56:33.469 slide talk about the, my staff, the safety staff, have 01:56:33.540 --> 01:56:37.089 a constant and frequent interactions with Tamara's 01:56:37.100 --> 01:56:41.859 teams in operations and also with our union representatives. 01:56:42.149 --> 01:56:45.020 So there's definitely lots of methods for us to gather 01:56:45.020 --> 01:56:47.930 safety information and data and communicate with 01:56:48.180 --> 01:56:52.060 across the spectrum, different levels of the BART organization. 01:56:54.460 --> 01:56:59.339 Next slide, 34. Frontline with Ops Newsletter is a newsletter 01:56:59.339 --> 01:57:01.930 that was established by Tamara under her 01:57:01.930 --> 01:57:05.859 leadership. It is a good communication every month between 01:57:05.870 --> 01:57:08.850 the management and all the employees. I just want highlight 01:57:08.850 --> 01:57:12.450 that within each issue, that's a safety corner that 01:57:12.460 --> 01:57:15.419 allow us to communicate safety issues to employees. 01:57:17.919 --> 01:57:21.210 Next one is number 35, it talk about the improved safety 01:57:21.219 --> 01:57:25.359 reporting system. Just last year, we added a new method 01:57:25.359 --> 01:57:28.819 for employees to report safety issues, and that's highlighted 01:57:28.819 --> 01:57:32.239 in the first bullet. We created a new email so that 01:57:32.250 --> 01:57:36.589 employees can easily just report safety issues. It 01:57:36.600 --> 01:57:39.419 is enough for them to think about which person to talk 01:57:39.419 --> 01:57:43.730 to. But one email takes care of all the reporting situations. 01:57:44.819 --> 01:57:48.460 Okay, so. 01:57:48.460 --> 01:57:51.442 I'm sorry, Jeff. 01:57:51.467 --> 01:57:53.120 Cutting out. 01:57:53.120 --> 01:57:58.020 We lost Jeff. 01:57:58.020 --> 01:58:00.020 Jeff are you there? 01:58:00.020 --> 01:58:00.907 We're here. 01:58:00.932 --> 01:58:03.569 Okay, this is Commissioner Rechtschaffen. 01:58:03.580 --> 01:58:06.390 I'm sorry to interupt you or someone else. I had 01:58:06.390 --> 01:58:10.180 a question about the near-miss reporting. Could you describe 01:58:10.189 --> 01:58:14.609 that a little bit more, how many reports you've gotten 01:58:14.609 --> 01:58:18.509 under that system, and do you think it's working. 01:58:18.509 --> 01:58:21.250 Yeah, first of all, within the last couple of years, we 01:58:21.250 --> 01:58:25.100 received several reports. I would say that those are less than 01:58:25.109 --> 01:58:30.219 five, but when we performed thorough investigation 01:58:30.219 --> 01:58:34.580 into those five reports, some of them, technically, they're 01:58:34.580 --> 01:58:38.140 not near-misses. But nevertheless, we appreciated the 01:58:38.149 --> 01:58:41.219 input by the employees. But we have investigated fully 01:58:41.219 --> 01:58:44.640 on the issues, and we have come to a resolution of all the issues. 01:58:45.200 --> 01:58:49.290 And I believe it's working because we provide both the 01:58:49.290 --> 01:58:52.640 non-punitive component and also allow for confidential 01:58:52.640 --> 01:58:56.759 reporting. And so we believe that the system is working. 01:58:57.259 --> 01:59:02.839 So that's my response. 01:59:02.839 --> 01:59:06.660 This is Commissioner Randolph. Can you tell me 01:59:06.669 --> 01:59:10.232 a little bit about the Unusual Occurrence report? 01:59:10.257 --> 01:59:11.420 Yes 01:59:11.460 --> 01:59:15.189 The Unusual Occurrence Report is basically a document, 01:59:15.200 --> 01:59:18.290 or a online document, for employees to report anything 01:59:18.299 --> 01:59:22.149 that's out of the ordinary. They can report, for example 01:59:22.160 --> 01:59:24.669 an incident that they have encountered with the patron. 01:59:25.169 --> 01:59:29.410 They report injury. They report things that, like, for 01:59:29.410 --> 01:59:34.009 example, a theft or a security incident. So it is a, 01:59:34.009 --> 01:59:39.500 equipment problems. So it is a mechanism for people 01:59:39.500 --> 01:59:41.870 to report to us what's going on now in the system. 01:59:41.870 --> 01:59:44.899 So to make sure that there's a mechanism for them 01:59:44.899 --> 01:59:49.359 to report any out of the ordinary events to us. So they 01:59:49.359 --> 01:59:52.029 all go into our database. So we're not missing out 01:59:52.040 --> 01:59:55.077 on anything that's not being captured. 01:59:55.102 --> 01:59:56.089 Do you have 01:59:56.089 --> 01:59:58.830 any numbers on how many of those you get in a month 01:59:58.839 --> 02:00:01.660 for instance? 02:00:01.660 --> 02:00:03.830 On the top of my head, I cannot tell you the exact 02:00:03.830 --> 02:00:08.759 number, but I would imagine, every week, we receive maybe 02:00:08.960 --> 02:00:12.180 10, 20, something like that. Because whenever they have 02:00:12.189 --> 02:00:15.120 injuries, they also submit an Unusual Occurrence Report. 02:00:15.129 --> 02:00:18.739 But that's something that 02:00:18.739 --> 02:00:21.299 I can provide more information to the staff. But that's 02:00:21.299 --> 02:00:24.060 something that we see on a regular basis. 02:00:24.085 --> 02:00:24.980 Okay, Thank you. 02:00:24.980 --> 02:00:29.410 Thank you. So now that I would like to introduce 02:00:29.419 --> 02:00:33.129 Tamara Land, the Assistant General Manager for operations 02:00:34.140 --> 02:00:36.780 she would talk about slide number 36. 02:00:36.805 --> 02:00:37.779 Thank you, Jeff. So 02:00:37.790 --> 02:00:41.770 over the last year, working closely with the CPUC, 02:00:41.770 --> 02:00:46.219 staff and local fire departments, BART stood up 02:00:46.450 --> 02:00:50.609 a Department of Fire Life Safety which reports directly 02:00:50.609 --> 02:00:55.029 to the BART General Manager. We hired a Deputy Director 02:00:55.149 --> 02:00:58.899 and we're currently supporting him with Internal Safety 02:00:58.899 --> 02:01:03.109 and Engineering resources as well as contracted 02:01:03.120 --> 02:01:08.100 inspection and engineering services. This department 02:01:08.100 --> 02:01:12.140 will be responsible for facilities inspections, all 02:01:12.140 --> 02:01:17.810 of our liasons with fire departments, review and 02:01:18.200 --> 02:01:22.450 oversight of fire life safety for our capital programs, 02:01:22.719 --> 02:01:25.759 and reporting on all of the elements that have been 02:01:25.759 --> 02:01:29.640 defined in the program that are reportable to the CPUC. 02:01:31.100 --> 02:01:36.469 On slide 37. The next series of slides report on BART 02:01:36.480 --> 02:01:40.799 Safety Compliance Department. 02:01:40.799 --> 02:01:46.549 This program is a CPUC mandated and consists of 02:01:46.870 --> 02:01:50.189 requirements for field safety checks and audits by 02:01:50.189 --> 02:01:55.200 supervisors and managers. BART submits an annual report 02:01:55.210 --> 02:01:59.040 including compliance checks performed, pass and failure 02:01:59.040 --> 02:02:04.560 rates, and corrective action plan. On slide 38. This 02:02:04.560 --> 02:02:07.810 slide represents the checks performed by our maintenance 02:02:07.819 --> 02:02:12.460 engineering department. In total, 95 areas were checked 02:02:12.460 --> 02:02:19.270 across six program areas. In total, 99.5% of the required 02:02:19.279 --> 02:02:24.339 checks were conducted in calendar year 2019. 02:02:25.739 --> 02:02:29.310 Slide 39. This slide represents the efforts of the 02:02:29.319 --> 02:02:32.739 Rolling Stocks and Shops Department. They completed 02:02:32.739 --> 02:02:40.080 99% of their required calendar year 2019 checks. 02:02:40.080 --> 02:02:47.189 Slide 40 represents our E-BART service. They submitted 02:02:47.200 --> 02:02:52.049 their report for quarter one of Calendar Year 2020 02:02:52.140 --> 02:02:56.919 which I failed to catch before we sent the slide to 02:02:56.919 --> 02:03:03.330 you. Their numbers for calendar Year 2019. They performed 02:03:03.390 --> 02:03:07.989 100% for annual operations safety compliance for both 02:03:08.000 --> 02:03:12.919 operations and systems, in-cab video review, and DMU 02:03:12.919 --> 02:03:17.759 engineer validation. They did fall short 02:03:17.770 --> 02:03:22.480 on monthly distribution, falling short one month and 02:03:22.480 --> 02:03:26.939 making it up the next month. In Calendar Year 2019. 02:03:28.080 --> 02:03:32.310 Slide 41 represents the Transportation Department. 02:03:32.469 --> 02:03:38.759 In calendar Year 2019, they completed 99.7% of required 02:03:38.759 --> 02:03:40.790 checks. 02:03:40.790 --> 02:03:45.739 Slide 42, the BART OCC conducts no notice drills 02:03:45.750 --> 02:03:51.430 on every shift, every month. These drills involved participation 02:03:51.439 --> 02:03:55.500 from all of the positions in the OCC. In Calendar 02:03:55.500 --> 02:04:04.169 Year 2019, 37 such drills were held. Slide 43. BART, through 02:04:04.169 --> 02:04:09.009 the office of, the new Office of Fire Life Safety conducts 02:04:09.020 --> 02:04:12.460 field and tabletop drills with local fire department 02:04:12.460 --> 02:04:16.239 personnel. Listed on this slide, and the next, are the 02:04:16.239 --> 02:04:20.520 drills that were conducted during Calendar Year 2019 02:04:20.520 --> 02:04:26.230 and the first quarter of Calendar Year 2020. Slide 02:04:26.239 --> 02:04:32.169 45 is a listing of the drills that we also conducted 02:04:32.250 --> 02:04:37.469 at our E-BART facility, and I'll hand it back to Jeff 02:04:37.469 --> 02:04:38.629 at this time. 02:04:38.654 --> 02:04:41.930 Tamara, I have a question on your on 02:04:41.930 --> 02:04:46.009 your no notice drills If I could, please. 02:04:46.009 --> 02:04:50.569 What are you learning from them? 02:04:50.569 --> 02:04:54.339 I know that's somewhat subjective, but can you give us 02:04:54.339 --> 02:04:56.839 a little sense of what's coming out of those n 02:04:56.839 --> 02:04:57.850 notice drills? 02:04:57.875 --> 02:05:00.810 Well, actually, we always have learnings 02:05:00.810 --> 02:05:06.419 from them, and we share those learnings outside of the 02:05:06.419 --> 02:05:09.799 OCC. And often, as a result of what occurs during 02:05:09.799 --> 02:05:13.609 those drills, we pull in other people. So one of the 02:05:13.620 --> 02:05:16.980 things that we, that, you know, just off the top of my 02:05:16.980 --> 02:05:21.020 head, that we learned last year, we did a no notice 02:05:21.029 --> 02:05:28.120 drill with a new evacuation of a fleet of the 02:05:28.129 --> 02:05:31.850 future to a fleet of the future car. And one of the 02:05:31.850 --> 02:05:35.000 learnings that we had from that was that there were 02:05:35.000 --> 02:05:41.120 some people who didn't know how to access coupler, 02:05:41.379 --> 02:05:46.609 there is a fixture and an adapter. That's what 02:05:46.609 --> 02:05:49.609 I'm looking, there's an adapter that allows the coupler 02:05:49.609 --> 02:05:53.390 on the fleet of the future to couple to a 02:05:53.399 --> 02:05:58.390 legacy car. And as a result of one of these drills, 02:05:58.399 --> 02:06:02.629 we learned that some people didn't know how to access 02:06:02.640 --> 02:06:06.980 those. So what we did was we backed up and made sure 02:06:06.980 --> 02:06:10.500 that everybody in all of the departments that could 02:06:10.500 --> 02:06:14.540 be impacted, which are the Rolling Stock, the Transportation, 02:06:14.540 --> 02:06:16.939 and the Maintenance and Engineering departments, knew 02:06:17.149 --> 02:06:21.460 exactly where in every station those couplers were. 02:06:21.460 --> 02:06:25.770 And then we held several additional no notice 02:06:25.779 --> 02:06:29.810 drills, and pinged different people in different 02:06:29.810 --> 02:06:34.430 departments who had to respond and locate those adapters. 02:06:34.710 --> 02:06:37.839 So we use it is kind of a growing, learning experience. 02:06:39.169 --> 02:06:44.469 Great. Thank you. 02:06:44.469 --> 02:06:46.770 So I'll pass it to Jeff now. 02:06:46.795 --> 02:06:48.129 Now we are slide number 02:06:48.129 --> 02:06:51.980 46. The Internal Safety and Security Audit program. 02:06:53.180 --> 02:06:56.180 It is a program that we have been doing every year. I 02:06:56.189 --> 02:07:00.180 just want to highlight that this audit is done by 02:07:00.180 --> 02:07:03.129 the Safety team, and we audit the different departments, 02:07:03.129 --> 02:07:06.279 including Tamara's departments, and also by police, 02:07:06.910 --> 02:07:10.980 and also procurement. It's basically making sure that 02:07:10.989 --> 02:07:14.390 the rules and procedures are followed by the personnel 02:07:14.390 --> 02:07:19.419 being audited. And all these audits were announced, 02:07:19.430 --> 02:07:23.549 and also the PUC were involved in this program for 02:07:23.549 --> 02:07:28.189 the year. So number 46 talks about the audits done by 02:07:28.200 --> 02:07:35.180 BART for 2018, 19, and so far this year. 02:07:35.200 --> 02:07:39.419 The next slide, number 47, talks about a similar program 02:07:39.419 --> 02:07:42.969 but those are programs that being audited by my staff 02:07:43.020 --> 02:07:47.520 on the E-BART extension. Again they just, the slide shows 02:07:47.520 --> 02:07:51.250 the details of the programs being done by the safety 02:07:51.250 --> 02:07:56.730 team on the different areas within the E-BART operations. 02:07:58.169 --> 02:08:02.810 So I concluded this, and now I want to, again, hand 02:08:02.810 --> 02:08:06.540 it over to Tamara to talk about a couple of those essential 02:08:06.629 --> 02:08:12.969 capital projects that we're currently undergoing. 02:08:12.969 --> 02:08:19.379 Thank you. So during the Coronavirus stay, 02:08:20.000 --> 02:08:25.000 shelter in place, BART has seen a substantial reduction 02:08:25.009 --> 02:08:29.609 in our ridership. We still are operating to ensure 02:08:29.609 --> 02:08:35.310 that essential workers have a method for getting to 02:08:35.319 --> 02:08:38.980 the jobs that we depend on their performing. But we 02:08:38.980 --> 02:08:42.370 have adjusted our service. We are closing earlier. 02:08:42.370 --> 02:08:45.770 We're closing at 9 p.m. And we're currently running 02:08:45.770 --> 02:08:49.830 half-hour headways during the week. And what this has 02:08:49.839 --> 02:08:54.830 afforded us is increased access to the right of way. 02:08:55.859 --> 02:08:59.200 And that's important because we have a very large capital 02:08:59.200 --> 02:09:06.270 program that we're trying to complete in order 02:09:06.279 --> 02:09:12.669 to improve the reliability and safety of our operating 02:09:12.680 --> 02:09:18.819 system. Listed here are some of the essential infrastructure 02:09:18.830 --> 02:09:24.910 projects that we are focusing our efforts on during 02:09:24.919 --> 02:09:27.839 that increased access to the right of way. And I'll 02:09:27.839 --> 02:09:32.689 just talk about one of them. You know, our 34 5 kilovolts 02:09:32.710 --> 02:09:38.560 cables are well beyond their useful life, and we have 02:09:38.569 --> 02:09:43.930 been over the last couple years experiencing elevated 02:09:43.939 --> 02:09:48.759 failure rates to kind of put that in perspective, when 02:09:48.759 --> 02:09:53.399 we have a failure in downtown San Francisco, we're required 02:09:53.410 --> 02:09:57.830 to pull power for traction power to move the trains 02:09:58.160 --> 02:10:05.710 from Oakland. With this increased access, we are actually 02:10:05.710 --> 02:10:12.520 going to be shaving about a year off of the 34 5 02:10:12.529 --> 02:10:16.960 project in downtown San Francisco. We've also been 02:10:16.960 --> 02:10:23.509 quietly replacing the 34 5 cable in Oakland, doing 02:10:23.509 --> 02:10:28.009 it in smaller windows at night with BART employees, 02:10:28.370 --> 02:10:32.500 and as a result of the extended access there, we've 02:10:32.509 --> 02:10:37.310 been able to pull all of the cable through our most 02:10:37.310 --> 02:10:40.669 critical point, the Oakland Y, and we're in the process 02:10:41.109 --> 02:10:46.259 of working on the terminations. So we're really 02:10:46.270 --> 02:10:51.520 getting a lot of work done. We've, and the CPUC is, I 02:10:51.520 --> 02:10:56.339 think, very aware, we've continued to work the Silicon 02:10:56.339 --> 02:10:59.980 Valley Extension project. BART has taken over the lead 02:10:59.980 --> 02:11:03.930 role down there with Shane Edwards, who's our Chief 02:11:03.939 --> 02:11:07.799 Maintenance and Engineering Officer, dedicated down there 02:11:07.810 --> 02:11:12.239 full time, driving the progress, and we're feeling 02:11:12.250 --> 02:11:17.180 very positive about the advances that are being made. 02:11:17.189 --> 02:11:21.509 We're also continuing, and I want to thank the PUC for working 02:11:21.509 --> 02:11:26.339 with us, on our railcar procurement and acceptance. 02:11:26.799 --> 02:11:34.850 We recently accepted cars 70 through 75. On slide 02:11:34.980 --> 02:11:39.310 29, It's just a continuation that's talking about the 02:11:39.310 --> 02:11:44.189 work that's being done in stations, and we're continuing 02:11:44.200 --> 02:11:49.129 to do work in the TransBay tube. When we're doing work, 02:11:49.509 --> 02:11:54.049 we are doing so with social distancing, and because 02:11:54.049 --> 02:11:58.219 we were unable to provide social distancing in the 02:11:58.219 --> 02:12:02.969 Transbay tube for the retrofit work because of the 02:12:02.980 --> 02:12:07.850 just vast number of people who needed to be in 02:12:07.859 --> 02:12:12.310 the same area at the same time, we discontinued or 02:12:12.520 --> 02:12:17.040 paused that project, and we've really jumped on getting 02:12:17.049 --> 02:12:21.419 ahead on other projects that had been trying to get 02:12:21.500 --> 02:12:24.669 adequate time to complete down there. And listed here 02:12:24.669 --> 02:12:27.339 are three of them. The Cross-Passage doors, the Oakland 02:12:27.339 --> 02:12:31.489 Emergency Generator project and the Cathodic Protection 02:12:31.489 --> 02:12:36.120 Project. So with that, we're finished with our presentation. 02:12:36.469 --> 02:12:40.049 And would love to hear any questions that you may have. 02:12:41.040 --> 02:12:45.469 Thank you so much. Appreciate the presentation 02:12:45.469 --> 02:12:50.299 very much. Assistant General Manager Alan and Safety 02:12:50.299 --> 02:12:54.870 Officer Lau. I think, yes, Commissioner Rechtschaffen 02:12:54.870 --> 02:12:56.070 has a question. 02:12:56.095 --> 02:12:58.950 I noticed in your slides that, in the 02:12:58.960 --> 02:13:03.520 second half of 2019, there were twice as many incidents, 02:13:03.529 --> 02:13:08.189 safety incidents, as in the first half. I 02:13:08.200 --> 02:13:13.450 have a question about why is it the case. Was it a result of your 02:13:13.919 --> 02:13:17.520 more accidents or incidents happening? Is it a result 02:13:17.520 --> 02:13:20.739 of your improved safety, focus on safety and having 02:13:20.739 --> 02:13:23.850 better metrics or better monitoring? I'd like to 02:13:23.859 --> 02:13:25.305 get your comments on that. 02:13:25.330 --> 02:13:26.640 Commissioner, if I may, 02:13:26.640 --> 02:13:29.350 can you point us in the right direction? I'm not sure 02:13:29.350 --> 02:13:33.000 which slide you're talking about because I don't think 02:13:33.000 --> 02:13:35.330 we talk about the number of incidents. We talk about 02:13:35.339 --> 02:13:37.009 the number of checks, maybe? 02:13:37.034 --> 02:13:38.644 Well, it was in the set of 02:13:38.669 --> 02:13:42.960 slides you had forwarded to us earlier in the week. I can't, 02:13:44.210 --> 02:13:47.069 I may not be able to find it. In this case, we 02:13:47.069 --> 02:13:52.390 can follow up offline with you, 02:13:52.390 --> 02:13:56.839 but it was in the material that I reviewed before the meeting. 02:13:56.839 --> 02:14:04.810 It might be slide 37, perhaps. 02:14:04.810 --> 02:14:09.239 These aren't incidences. These are 02:14:09.250 --> 02:14:14.439 safety compliance checks. 02:14:14.439 --> 02:14:21.629 So I'm trying to understand the, more in the, 02:14:21.629 --> 02:14:26.078 later half of Calendar Year 2019. 02:14:26.103 --> 02:14:28.370 37 doesn't break 02:14:28.370 --> 02:14:31.730 19 down into earlier later, so that may not be the 02:14:31.730 --> 02:14:32.967 right slide. Sorry. 02:14:32.992 --> 02:14:35.310 Yeah, and neither do the subsequent 02:14:35.310 --> 02:14:42.839 ones that report on compliance checks. How about in your stuff? 02:14:55.830 --> 02:14:59.899 So I don't think that we did have an increased rate 02:14:59.910 --> 02:15:04.180 in incidences in the second half of Calendar Year 02:15:04.830 --> 02:15:09.140 2019. What we did have in the second half of Calendar 02:15:09.140 --> 02:15:17.339 Year 2019 was that we had begun the Annual Safety 02:15:17.339 --> 02:15:22.549 Training for Managers. And I think we did have managers 02:15:22.560 --> 02:15:27.310 much more engaged and paying attention to safety issues. 02:15:30.230 --> 02:15:32.179 Fair enough. 02:15:32.191 --> 02:15:34.060 I am looking through the, trying to multi 02:15:34.060 --> 02:15:35.859 task while I'm talking to you, I'm looking through 02:15:35.859 --> 02:15:39.230 the draft slides. I don't see it either. And I'm glad, 02:15:39.230 --> 02:15:43.000 I appreciate the response that, as to what actually happened. 02:15:43.589 --> 02:15:46.930 I will review by notes and what I was looking at. And 02:15:47.149 --> 02:15:49.600 if we have any other questions, I will follow up 02:15:49.609 --> 02:15:53.239 directly with you or through our staff to ask 02:15:53.239 --> 02:15:55.596 you directly to ask you about it. 02:15:55.621 --> 02:15:56.364 Thank you. 02:15:56.389 --> 02:15:56.810 Thank you. 02:16:03.799 --> 02:16:05.184 Okay. 02:16:05.209 --> 02:16:08.230 I'm sorry. 02:16:08.230 --> 02:16:13.569 Well, one of my help helpful advisors rescued me and 02:16:13.569 --> 02:16:16.149 told me that it's in the report that you submitted 02:16:16.149 --> 02:16:19.310 to Rail Safety. It is not in the slides, but it's in the 02:16:19.310 --> 02:16:22.950 report that BART had submitted to Rail Safety that he had reviewed 02:16:23.029 --> 02:16:27.120 in preparation for your presentation. 02:16:27.120 --> 02:16:29.120 Yes. If there any questions, Commissioner, we'll 02:16:29.129 --> 02:16:32.299 definitely, we can work with your staff to address 02:16:32.299 --> 02:16:35.247 any questions or comments that you have. 02:16:35.272 --> 02:16:36.254 Okay. Great. 02:16:36.279 --> 02:16:42.089 So in your annual safety violations report you 02:16:42.089 --> 02:16:46.930 submitted, it showed that in, there were 70 safety 02:16:46.930 --> 02:16:50.439 incidents in 2019. In the first half, there were 24. 02:16:50.439 --> 02:16:53.279 In the second half, there were 46. So that is the question. 02:16:53.279 --> 02:16:57.350 What was what's responsible for that? And Tamara 02:16:57.569 --> 02:17:00.770 already addressed that in part. And if there's anymore you want 02:17:00.770 --> 02:17:06.480 to say, fine, if not, we can follow up offline. 02:17:06.480 --> 02:17:10.120 Let's follow up off line. 02:17:10.120 --> 02:17:12.902 President Batjer, 02:17:12.914 --> 02:17:15.359 I just also wanted to add my appreciation. 02:17:15.739 --> 02:17:20.419 This is Commissioner Guzman Aceves. Just reflecting on the 02:17:20.430 --> 02:17:23.790 progress that has been made and the dedication, the enhanced 02:17:23.799 --> 02:17:28.810 dedication to safety of both the employees but also 02:17:28.810 --> 02:17:33.239 the public here. And it's very nice 02:17:33.250 --> 02:17:36.609 to see the bit of silver lining of you taking advantage 02:17:36.609 --> 02:17:40.149 of the COVID situation to make progress on some of 02:17:40.149 --> 02:17:44.399 the maintenance and some of the projects. But thank 02:17:44.399 --> 02:17:48.910 you for adapting to the virtual nature of this 02:17:48.910 --> 02:17:52.700 report. And I do appreciate all of the progress 02:17:52.700 --> 02:17:54.644 that has been made. Thank you. 02:17:54.669 --> 02:17:56.069 Any other comments 02:17:56.080 --> 02:17:58.640 from the Commissioners? 02:17:58.640 --> 02:18:00.492 This is 02:18:00.504 --> 02:18:03.009 Commissioner Randolph. I'll just add, echo 02:18:03.009 --> 02:18:06.569 what Commissioner Guzman Aceves said. I appreciate the progress 02:18:06.580 --> 02:18:11.259 on the safety metrics, and I appreciate that you made 02:18:11.259 --> 02:18:14.049 sure and stayed on time with your reporting. Even 02:18:14.049 --> 02:18:18.129 in the midst of of all that's going on. And I 02:18:18.140 --> 02:18:22.080 I'm sure you've heard this a lot, but as a 02:18:22.080 --> 02:18:24.649 BART rider, I'm surprised how much I missed taking 02:18:24.649 --> 02:18:29.029 BART during this time. So I just want to thank 02:18:29.029 --> 02:18:34.770 all of the station agents and operators and 02:18:34.770 --> 02:18:38.489 the folks out there working to keep the service that 02:18:38.489 --> 02:18:41.680 is, that you are able to provide during this time going, 02:18:42.009 --> 02:18:45.859 and I look forward to things getting back to 02:18:45.859 --> 02:18:49.400 normal at some point. Thank you so much. 02:18:49.425 --> 02:18:50.580 Okay. Any 02:18:50.580 --> 02:18:53.700 other comments? Well, again, I thank you very much. 02:18:53.700 --> 02:18:57.180 This is a very important report for me. Brings 02:18:57.180 --> 02:19:00.770 me up to speed on things that a current prior to my coming 02:19:00.779 --> 02:19:04.069 on board with the Commission. So I appreciate it very 02:19:04.069 --> 02:19:08.250 much. Alice, I think I can turn this back to you. 02:19:08.250 --> 02:19:12.140 If there's nothing more, we thank the BART people 02:19:12.140 --> 02:19:15.006 very much. Thank you. 02:19:15.031 --> 02:19:16.449 Thank you. 02:19:16.474 --> 02:19:18.009 Thank you. 02:19:18.009 --> 02:19:24.810 Alice, do you have any other final comments or you're good? 02:19:24.810 --> 02:19:29.480 Okay. We will move on to the next agenda item. 02:19:29.489 --> 02:19:33.580 The agenda item is our Commissioner reports. So, as I 02:19:33.580 --> 02:19:36.799 always say, who wants to go first? 02:19:36.799 --> 02:19:39.710 Commissioner Shiroma? 02:19:39.710 --> 02:19:45.810 Thank you. And speaking of rail, I have quite 02:19:45.810 --> 02:19:49.700 a few of the California High Speed Rail Crossing proceedings, 02:19:49.710 --> 02:19:55.210 so I wanted to give a short report on our progress. 02:19:55.210 --> 02:20:00.600 It's been pretty tremendous what has been done towards 02:20:00.609 --> 02:20:03.839 our role on the High Speed Rail Project. And this is 02:20:03.850 --> 02:20:08.710 focused on the Fresno to Bakersfield quarter. This 02:20:08.719 --> 02:20:13.230 phase includes 114 miles of track in the Central 02:20:13.230 --> 02:20:17.629 Valley at this point originating in the Barrow and 02:20:17.629 --> 02:20:21.649 going to Fresno. And then terminating just south of Wasco. 02:20:22.279 --> 02:20:26.540 The Commission has authorized or has agreements for 02:20:26.549 --> 02:20:31.250 59 crossings out of the total of 94 rail crossings 02:20:31.259 --> 02:20:35.989 in the first four construction packages. And these 02:20:35.989 --> 02:20:42.520 include 86 crossings of rail and road and then seven of 02:20:42.529 --> 02:20:47.239 rail and rail, and includes some pretty impressive engineering 02:20:47.250 --> 02:20:49.579 feats. You know, I think back on the Roman 02:20:49.591 --> 02:20:52.149 aqueduct and kind of the point of a comparison. 02:20:52.149 --> 02:20:58.120 Impressive stuff such a the Fresno trench, which 02:20:58.799 --> 02:21:02.569 at one point is 40 feet below grade. The San Joaquin 02:21:02.899 --> 02:21:10.390 River Bridge and Cedar viaduct. (sound cuts out) 02:21:10.390 --> 02:21:16.799 Good paying, essential jobs. Very essential. (sound cuts out) 02:21:16.799 --> 02:21:21.700 (audio cuts out) 02:21:21.700 --> 02:21:23.103 Commissioner Shiroma, 02:21:23.115 --> 02:21:24.469 you're cutting in and out. I don't know what 02:21:24.469 --> 02:21:26.620 you might be doing differently with your mic, but. 02:21:27.500 --> 02:21:33.310 Okay. Okay. There you go. Could be my laptop. 02:21:33.750 --> 02:21:38.989 The fan. Could be laptop. Okay, here we go. So 02:21:39.000 --> 02:21:42.060 I'm saying that the High Speed Rail Project has created over 02:21:42.060 --> 02:21:46.419 3000 good paying jobs, really essential for the San Joaquin Valley 02:21:46.770 --> 02:21:51.529 in California. And so we have 10 active proceedings 02:21:51.529 --> 02:21:55.029 and we're in the the pre-applications phase for the remaining 02:21:55.029 --> 02:21:59.189 29. In the meanwhile, there are environmental 02:21:59.189 --> 02:22:03.520 documents for the Fresno up to Merced segment. And 02:22:03.520 --> 02:22:07.140 then from the Bakersfield to Palmdale phases. I 02:22:07.140 --> 02:22:10.299 want to thank all the judges and the Rail Safety Division 02:22:10.299 --> 02:22:15.129 staff that are working on these crossings, protecting 02:22:15.140 --> 02:22:18.279 public safety, keeping this important project moving 02:22:18.290 --> 02:22:21.770 forward, and in particular, from the Northern California 02:22:21.770 --> 02:22:25.219 Rail Safety division, Marvin Kennedy. From the Southern Californa 02:22:25.219 --> 02:22:28.589 Rail Safety Division, Matt Cervantes, Oliver 02:22:28.589 --> 02:22:32.899 Garcia and Matt Bond. And from Legal, Chyna Foley and our 02:22:32.899 --> 02:22:40.310 judges, Judge Ayoade, Judge Grisham, who recently retired, Judge Doherty, 02:22:40.480 --> 02:22:43.799 Seibert and Long, and my advisor, Justin Reineir. 02:22:45.589 --> 02:22:50.549 I want to highlight the important work that we contribute 02:22:50.549 --> 02:22:52.379 to a high speed rail project. 02:22:52.404 --> 02:22:53.854 Right. Thank you very much. 02:22:56.040 --> 02:22:58.969 Any other Commissioners wish to make a Commission's report 02:22:58.969 --> 02:23:01.489 today? 02:23:01.489 --> 02:23:05.850 Okay, again, I can't see Commissioner Randolph. 02:23:05.859 --> 02:23:07.770 02:23:07.770 --> 02:23:11.029 For some reason, your box isn't filled. So you're good? 02:23:11.879 --> 02:23:13.695 Yeah, I'm good. Thank you. 02:23:13.720 --> 02:23:15.580 Thank you. All right, that 02:23:15.589 --> 02:23:19.259 finishes our Commissioner reports. We will now recess 02:23:19.410 --> 02:23:23.239 the public meeting and convene Closed Session on legal 02:23:23.239 --> 02:23:27.089 matters to discuss Closed Sessions legal agenda items. 02:23:27.480 --> 02:23:30.640 We will reconvene the public meeting after our discussion 02:23:30.640 --> 02:23:34.480 in Closed Session on legal matters to take up Item 02:23:34.480 --> 02:23:38.299 29, decision on appeals and requests for the review 02:23:38.299 --> 02:23:41.319 of the presiding officer's decision. There will be 02:23:41.319 --> 02:23:47.080 a slide on the website, excuse me, on the webcast to 02:23:47.089 --> 02:23:50.359 indicate the Commission is in recess for closed session. 02:23:51.160 --> 02:23:54.689 We will update the slide to include an approximate 02:23:54.700 --> 02:23:59.290 time, about 15 minutes out, before the reconvening of 02:23:59.290 --> 02:24:03.520 the public meeting. Our News and Outreach team will 02:24:03.529 --> 02:24:07.310 also send out a Tweet to alert followers. And we have 02:24:07.310 --> 02:24:12.899 so many of the expected time we will reconvene the 02:24:12.910 --> 02:24:17.239 public meeting. So I would ask you to log off your 02:24:17.239 --> 02:24:20.759 computer and dial into the WebEx event for Closed 02:24:20.770 --> 02:24:23.870 Session on legal matters. That is an instruction to 02:24:23.870 --> 02:24:27.719 the Commissioners. And I want you to go ahead and log 02:24:27.870 --> 02:24:30.649 off and log in. And then we will take a 10 minute 02:24:30.649 --> 02:24:33.430 break. It's important that you do log in, however, 02:24:33.509 --> 02:24:35.930 so we can make sure that everything's working properly. 02:24:36.120 --> 02:24:38.750 But we will be taking a 10 minute break. Thank you all. 02:24:51.480 --> 02:24:54.919 Welcome to the California Public Utilities Commission 02:24:55.270 --> 02:24:58.299 Public voting meeting. The Commissioners have assembled 02:24:58.540 --> 02:25:02.180 and the meeting will now begin. 02:25:02.180 --> 02:25:05.989 Thank you, Operator. This is President Batjer. For 02:25:05.989 --> 02:25:10.000 those who are still tuned in to the meeting, I want 02:25:10.000 --> 02:25:12.750 to thank you again for your patience. We have had a 02:25:12.750 --> 02:25:17.379 few technical difficulties for which I apologize. 02:25:17.390 --> 02:25:21.219 I will now ask Janae to please call the roll 02:25:21.230 --> 02:25:24.580 so we can establish quorum. 02:25:24.580 --> 02:25:26.306 Commissioner Shiroma? 02:25:26.331 --> 02:25:27.457 Yes, present. 02:25:27.481 --> 02:25:29.100 Commissioner Guzman 02:25:29.100 --> 02:25:29.915 Aceves? 02:25:29.940 --> 02:25:30.963 Present. 02:25:30.988 --> 02:25:33.632 Commissioner Randolph? 02:25:33.657 --> 02:25:34.737 Present. 02:25:35.879 --> 02:25:38.035 Commission Rechtschaffen? 02:25:38.060 --> 02:25:38.811 Present. 02:25:38.836 --> 02:25:40.358 President Batjer? 02:25:40.383 --> 02:25:41.188 Present. 02:25:44.200 --> 02:25:53.819 Okay. Item 29 will be held until the May 7, 2020, 02:25:54.520 --> 02:25:59.279 California Public Utilities Commission meeting. 02:25:59.279 --> 02:26:05.169 And at that time, we will take up item 29. Information 02:26:05.210 --> 02:26:10.160 on how to watch or listen and public participation will 02:26:10.160 --> 02:26:15.469 be posted on the CPUC website in the interim. So please, 02:26:15.480 --> 02:26:19.589 stay safe and healthy. Keep your social distance. 02:26:20.069 --> 02:26:26.410 Please. The public meeting is adjourned. Thank you 02:26:26.410 --> 02:26:30.569 very much. 02:26:30.569 --> 02:26:37.970 The Commission will now go into closed session. 02:26:37.970 --> 02:26:41.689 Thank you. Operator. Please close the public line.