ALJ/GEW/avs DRAFT CA-3

2/7/2002

Decision DRAFT DECISION OF ALJ WALKER (Mailed January 7, 2002)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Christopher J. Rooney and Debra G. Polak, Complainants, vs. Pacific Bell, Defendant.

Case 01-07-022 (Filed July 20, 2001)

OPINION

1. Summary

Complainants allege that Pacific Bell (Pacific) violated Pub. Util. Code § 851 by selling a vacant strip of land in Calpella, California, without the approval of the Commission. Pacific's accounting treatment of the strip of land removed the property from above-the-line operations. Consequently, the property was not necessary and useful for the provision of utility operations at the time of transfer of ownership. Commission approval is not required in the sale of the property. The complaint fails to state a cause of action for which relief can be granted by this Commission. The complaint is dismissed.