ALJ/TOM/jt2 DRAFT Agenda ID #5225
Ratesetting
Decision DRAFT DECISION OF ALJ PRESTIDGE (Mailed 12/27/2005)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Pacific Gas and Electric Company (U 39 M), a California corporation, and Bay Point Venture One, LLC, a California Limited Liability Company, for an Order Authorizing the Sale and Conveyance of Two Parcels of Land in Contra Costa County Pursuant to Public Utilities Code Section 851. |
Application 05-01-026 (Filed January 27, 2005) |
OPINION GRANTING APPROVAL UNDER PUBLIC UTILITIES CODE SECTIONS 851 AND 853(b) FOR CONVEYANCE OF A PARCEL OF
LAND IN CONTRA COSTA COUNTY TO
BAY POINT VENTURE ONE, LLC
I. Summary
This decision grants the application of Pacific Gas and Electric Company (PG&E) for Commission authorization under Pub. Util. Code § 8511 for PG&E to convey a 2.01 acre parcel of land located in unincorporated Bay Point area in Contra Costa County to Bay Point Venture One, LLC (BP1).2 3
We also exempt PG&E's previous sale of 42.93 acres of adjacent land to Bigge Crane & Rigging Company (Bigge Crane), BP1's predecessor in interest, from Section 851's requirement for prior Commission approval pursuant to Section 853(b) and approve this transaction on a prospective basis only. We deny PG&E's request for retroactive approval of this sale pursuant to Section 851.
In addition, we defer consideration of issues related to allocation of PG&E's gain on sale resulting from these transactions until after the Commission has issued a decision in the gain on sale rulemaking proceeding (R. 04-09-003).
1 All statutory references are to the Public Utilities Code unless otherwise stated.
2 The application was filed on January 27, 2005. In Resolution ALJ 176-3147, dated February 10, 2005, we preliminarily categorized this proceeding as ratesetting and preliminarily determined that hearings are unnecessary.
3 On March 2, 2005, the Commission Office of Ratepayer Advocates (ORA) filed a protest, which addressed only the ratemaking aspects of the application. ORA does not oppose PG&E's sale of the property to BP1.
