Assignment of Proceeding
Susan P. Kennedy is the Assigned Commissioner and Myra J. Prestidge is the assigned Administrative Law Judge in this proceeding.
1. The proposed sale of PG&E property to Canepa will not interfere with PG&E's utility operations or with service to PG&E's customers and the public.
2. The property is in PG&E's transmission ratebase and is classified as a transmission asset for ratemaking purposes.
3. The Commission is the Lead Agency for this project under CEQA.
4. The only planned physical change to the property subsequent to the sale involves the installation of an underground water line.
5. Commission staff have confirmed that the proposed water line is in fact a storm drain designed to convey rainwater from the property to the storm drain system of the City of Oakley.
6. The proposed sale is in the public interest because PG&E no longer needs to own the land in fee for utility purposes and Canepa will be able to productively use of the land by installing the underground water line.
7. The proposed sale is also in the public interest because after conveyance of the land to Canepa, ratepayers will no longer have to pay for the costs of maintenance and taxes for the property.
1. The proposed sale and transfer of the property to Canepa qualifies for a categorical exemption from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15304(f) and no further environmental review is required.
2. The property is a transmission asset because it is being used in connection with PG&E transmission facilities.
3. Consistent with § 851, PG&E's sale of the property to Canepa is in the public interest and should be authorized.
4. The question of Commission jurisdiction to determine the ratemaking treatment for the sale of transmission assets and our determination regarding allocation of the gain on sale between ratepayers and shareholders should be deferred to the Commission gain on sale rulemaking, R.04-09-003 so that these issues can be decided on a broad, policy basis with the opportunity for participation by a greater number of potentially affected parties.
5. This decision should be effective today in order to allow the property to be conveyed to Canepa expeditiously.
IT IS ORDERED that:
1. Pacific Gas and Electric Company (PG&E) is authorized to sell the property, as described in Exhibit B and C to the application, to Elena Canepa, as Trustee of the Elena Canepa Living Trust dated July 29, 1989, pursuant to Pub. Util. Code § 851.
2. PG&E shall record and track the revenue received from the sale of this property in its Real Property Gain/Loss on Sale Memorandum Account, pending our resolution of issues related to allocation of the gain on sale between shareholders and ratepayers in Rulemaking 04-09-003.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
