Comments on Draft Decision
The draft decision of the ALJ was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7. Comments were received from _______________________.
Findings of Fact
1. The proposed sale price of $287,967 is based upon an appraisal that deducts from the market value of the land the $961,228 cost of removing existing utility facilities.
2. The proposed sale price of $287,967 results in SDG&E ratepayers and shareholders paying $961,228 of the cost of relocating existing utility facilities for the benefit of Whispering Hills, a private developer.
3. Commission policy and precedent is that relocation of utility facilities includes removal of existing facilities.
Conclusions of Law
4. The proposed sale of the land at issue at the price of $287,967 is not in the public interest.
5. The proposed sale of the land at issue at the price of $287,967 is inconsistent with Commission policy and precedent.
6. The proposed sale of the land at issue at the price of $287,967 is inconsistent with the stated purpose of SDG&E's application, and is not supported by the record.
INTERIM ORDER
IT IS ORDERED that:
7. The modified application of San Diego Gas & Electric Company (SDG&E) for sale of the land at issue at the price of $287,967 is denied.
8. California Environmental Quality Act review is not required at this time.
9. This proceeding shall remain open to allow SDG&E and Whispering Hills, LLC to agree upon an increased price that does not shift the costs of relocating existing utility facilities onto SDG&E ratepayers, as described above.
10. The assigned Commissioner and Administrative Law Judge may issue such rulings as are necessary to administrate this proceeding.
This order is effective today.
Dated __________________, at San Francisco, California.
