3. Declaration by Pacific

By ruling dated September 10, 2001, Pacific was directed to file a declaration, under oath, of a knowledgeable employee in support of Pacific's assertion that the property in question has never been used or necessary in utility operation. Pacific also was directed to brief its assertion that Commission approval was not required for sale of the property. Complainants were invited to respond to Pacific's filing.

On October 1, 2001, Pacific filed the declaration of Curtis L. Cavin, (Cavin) manager-property management for SBC Communications, Inc., an affiliate of Pacific that provides real estate support service to the utility. Cavin declared that the 40x140-foot strip of land has not been used by Pacific since its acquisition in 1965 and that there are no plans to use the land in utility operations in the future. Pacific states that even the potential for use of the property is restricted because it is located within an abandoned public road, and abutting landowners have rights to continue use of the strip to get to and from their properties to the next public street. (Beals v. City of Los Angeles (1943) 23 Cal.2d 381.)