The proceedings surrounding the modified easements set forth in the September 26 and December 7 Submissions constitute an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.

Findings of Fact

1. Footnote 16 of D.01-08-069 required PG&E to submit for prior approval any changes that were negotiated to the easements that were considered in that decision.

2. Both the modified transition structure easement included as Attachment 1 to the September 26 Submission, and the modified gas pipeline and valve lot easement included as Attachment 1 to the December 7 Submission, include numerous changes, especially to the insurance and indemnification provisions.

Conclusions of Law

1. The modifications to the transition structure easement set forth in Attachment 1 to the September 26 Submission, and the modifications to the gas pipeline and valve lot easement set forth in Attachment 1 to the December 7 Submission, are favorable to PG&E and its ratepayers.

2. The final versions of the transition structure easement and the gas pipeline and valve lot easement set forth in the September 26 and December 7 Submissions, respectively, should be approved.

INTERIM ORDER

IT IS ORDERED that:

1. The modified version of the transition structure easement set forth as Attachment 1 to the pleading entitled "Submission of Final Transition Structure Easement Agreement and Construction License Agreement," which pleading was filed in this docket by Pacific Gas and Electric Company (PG&E) on September 26, 2001, is approved. PG&E and Delta Energy Center, LLC are authorized to record said modified easement as soon as is practicable.

2. The modified version of the gas pipeline and valve lot easement set forth as Attachment 1 to the pleading entitled "Submission of Final Gas Valve Lot and Gas Pipeline Easement," which pleading was filed in this docket by PG&E on December 7, 2001, is approved. PG&E and CPN Pipeline Company are authorized to execute and record said modified easement as soon as is practicable.

This order is effective today.

Dated , at San Francisco, California.

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