Waiver of Comment Period

This is 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. InterGen is certified as an EWG.

2. Baja falls within the definition of an eligible facility of an EWG.

3. Resources has not applied for certification as an EWG.

4. Neither Baja nor Resources will engage in retail sales.

5. On December 5, 2001, DOE issued a FONSI for the merchant transmission projects of Baja and Resources.

6. Resources, Termoeléctrica, and Sempra are affiliates of SDG&E under the Commission's affiliate transaction rules.

7. Relocation of SDG&E's existing transmission facilities will facilitate the installation of additional wholesale transmission capacity to serve the state.

Conclusions of Law

1. Resources is likely to be granted EWG status because of its similarities to Baja.

2. The Baja and Resources merchant transmission projects are not required to obtain a CPCN under Pub. Util. Code § 1001.

3. State and local agencies are encouraged to use NEPA documents if the NEPA process is proceeding more quickly than CEQA review and the process complies with CEQA.

4. The FONSI meets the requirements of the CEQA Guidelines.

5. Because DOE, BLM, and DOI have conducted an environmental review of the relocation of SDG&E's transmission facilities, and that review meets the requirements of CEQA, there is no need for the Commission to conduct a separate review.

6. No unavoidable adverse impacts on the environment will occur as a result of relocation of the six support structures from the existing Imperial Valley-La Rosita transmission line.

7. Any costs associated with relocation of SDG&E facilities as described in this application, be they planning, engineering, design, construction, or mitigation related, should not be borne by SDG&E ratepayers.

8. Relocation of six transmission support structures does not present any apparent conflicts with the affiliate transaction rules.

9. SDG&E should not provide preferential treatment of Resources, Termoeléctrica, or Sempra power flows facilitated by the relocation of existing facilities unless required by FERC as part of an approved congestion management plan.

10. SDG&E should be authorized to relocate six support structures along the existing Imperial Valley-La Rosita transmission line because it facilitates interconnection of additional wholesale transmission facilities, will have no cost to ratepayers, and has limited impact to the environment.

11. This order should be effective today in order to allow the pole relocation to take place expeditiously.

ORDER

IT IS ORDERED that:

1. San Diego Gas & Electric Company (SDG&E) is authorized to relocate six support structures along the existing Imperial Valley-La Rosita transmission.

2. Any costs associated with relocation of SDG&E facilities as described in this application, be they planning, engineering, design, construction, or mitigation related, shall not be borne by SDG&E ratepayers.

3. SDG&E shall not provide preferential treatment of Sempra Energy Resources, Termoeléctrica de Mexicali, or Sempra Energy power flows facilitated by the relocation of the six support structures unless required by the Federal Energy Regulatory Commission as part of an approved congestion management plan.

4. This proceeding is closed.

This order is effective today.

Dated , at San Francisco, California.