Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and Karl J. Bemesderfer is the assigned ALJ in this proceeding.

Findings of Fact

1. The 230 kV transmission line is between 39 feet and 50 feet above the ground.

2. The birch trees lie in the Wire Zone of the transmission line.

3. The birch trees are capable of growing to heights of between 60 and 70 feet.

4. If left alone, the birch trees will touch the transmission line.

Conclusions of Law

1. Removal of trees in the Wire Zone that can grow tall enough to touch transmission lines is an industry best practice.

2. PG&E's Transmission Vegetation Management Plan incorporates this best practice.

3. No law or regulation requires PG&E to trim rather than remove such trees.

4. The complaint fails to state a basis on which relief may be granted and should be dismissed with prejudice.

ORDER

Therefore, IT IS ORDERED that:

1. Case 11-04-014 is dismissed with prejudice.

2. The hearing determination is changed to no hearings necessary.

3. Case 11-04-014 is closed.

This order is effective today.

Dated January 12, 2012, at San Francisco, California.

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