D.01-08-069 was issued on August 23, 2001. About a month later, on September 26, 2001, PG&E submitted the final form of easement for the transition structure (as well as a related "construction license agreement") for the Commission's review and approval.2 PG&E's pleading noted that this final form of easement had been executed by Delta Energy and PG&E shortly after the Commission issued D.01-08-069, but had not yet been recorded because of the requirement for Commission approval of easement changes set forth in
footnote 16.
PG&E argued that the changes should be approved, because all of them were beneficial to PG&E. It described the changes as follows:
"For instance, significant changes are present in Section 5, Indemnity, that delete provisions imposing indemnity obligations on PG&E. Exhibit B, subparagraph B, Commercial General Liability, has been rewritten to tighten and increase the grantee's commercial general liability obligations, while subparagraph D adds pollution liability coverage. Another change is the addition of Section 19 to the agreement, No Offsets, limiting the grantee's ability to claim offsets in connection with the agreement. Other changes are stylistic or provide greater clarity and specificity." (September 26 Submission, pp. 1-2.)
PG&E concluded by noting that if the Commission "withholds approval of the Final Easement and limits its approval to the draft easement originally filed with the application, PG&E anticipates the parties would execute and record the draft easement." (Id. at 2.)
On December 7, 2001, PG&E made a similar filing in connection with the final easement for the Delta Energy Center's gas valve lot and pipeline.3 PG&E provided a similar description of the improvements in the final gas pipeline and valve lot easement over the draft easement attached to the application, but noted that "CPN Pipeline and PG&E have not executed the Final Easement yet."
Both the September 26 Submission and December 7 Submissions were served on the full service list for this proceeding. No protest or other pleading was filed in response to either of these submissions.
2 See, "Submission of Final Transition Structure Easement Agreement and Construction License Agreement," filed September 26, 2001 (September 26 Submission). 3 See, "Submission of Final Gas Vale Lot and Gas Pipeline Easement," filed December 7, 2001 (December 7 Submission).