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ALJ/PVA/niz DRAFT Agenda ID #5617

Decision DRAFT DECISION OF ALJ ALLEN (Mailed 4/25/2006)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of SAN DIEGO GAS & ELECTRIC COMPANY for Authority Pursuant to Public Utilities Code Section 851 to Sell Certain Property in Its Transmission Corridor in the City of San Juan Capistrano in the County of Orange to Whispering Hills, LLC, to Realign Transmission and Distribution Lines Overhead on a Temporary Basis and Underground on a Permanent Basis and to Enter into Easements with Whispering Hills, LLC. (U 902-E)

Application 04-07-049

(Filed July 30, 2004)

INTERIM OPINION DENYING APPLICATION

OF SAN DIEGO GAS & ELECTRIC COMPANY

Summary

We do not approve the proposal of San Diego Gas & Electric Company (SDG&E) to sell 13.8 acres of land in San Juan Capistrano to Whispering Hills, LLC (Whispering Hills) in exchange for easements and $287,967. At the proposed sale price, SDG&E ratepayers and shareholders would be paying for part of the cost of relocating existing utility facilities for the benefit of Whispering Hills.

If the sale price is increased by $961,228 to properly allocate the cost of removing the existing power lines, for a total sale price of $1,249,195, that will remove the ratepayer and shareholder subsidization of Whispering Hills, and we will approve the sale and allocate the sale proceeds $674,597.50 to ratepayers and $574,597.50 to shareholders, consistent with Decision (D.) 05-04-007.

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