B. PG&E's Submission of the Revised Easements

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:

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).

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