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ALJ/XJV/sid Mailed 6/23/2003

Decision 03-06-066 June 19, 2003

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Pacific Gas and Electric Company (U 39 M), a California Corporation, and the California Waterfowl Association, A California Public Benefit Corporation, for an Order Market Valuing and Authorizing the Former to Transfer to the Latter Certain Land in Shasta County (McArthur Swamp) and Related Property Pursuant to Public Utilities Code Sections 367(b) and 851.

Application 00-05-029

(Filed May 15, 2000)

Application of Pacific Gas and Electric Company (U 39 M), a California corporation, the State of California, acting by and through its Department of Parks and Recreation, with the approval of its Department of General Services (DPR), and the California Waterfowl Association, A California Public Benefit Corporation (CWA), for Orders Pursuant to Public Utilities Code Sections 367(b) and 851 (1) Establishing the Market Value of and Authorizing Pacific Gas and Electric Company to Transfer to DPR Certain Pieces of Land in Shasta County (Burney Falls) in Exchange for Land Currently Owned by DPR (Ahjumawi), and (2) Authorizing Pacific Gas and Electric Company to donate Ahjumawi to CWA.

Application 00-05-030

(Filed May 15, 2000)

OPINION ADOPTING

FINAL MITIGATED NEGATIVE DECLARATION

AND DISMISSING APPLICATIONS WITHOUT PREJUDICE

1. Summary

As Pacific Gas and Electric Company (PG&E) acknowledges, the recent Federal Energy Regulatory Commission (FERC) order renewing PG&E's Pit 1 hydroelectric plant license bars the transfer of land and other property at issue in these consolidated applications, since some of the land is within the license boundary. Though PG&E had asked FERC to remove certain lands from the license, FERC has declined to do so. Accordingly, we dismiss these applications without prejudice; if PG&E is able to restructure the transactions, it may refile. To ensure that the environmental review performed to date is not lost, we discuss and adopt the Final Mitigated Negative Declaration (Final MND) prepared in conjunction with these applications.

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