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STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

June 8, 2004 Agenda ID #3644

TO: PARTIES OF RECORD IN APPLICATION 02-07-022

This is the draft decision of Administrative Law Judge (ALJ) Malcolm. It will not appear on the Commission's agenda for at least 30 days after the date it is mailed. The Commission may act then, or it may postpone action until later.

When the Commission acts on the draft decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

Parties to the proceeding may file comments on the draft decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Finally, comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.

/s/ ANGELA K. MINKIN

Angela K. Minkin, Chief

Administrative Law Judge

ANG:sid

Attachment

ALJ/KLM/sid DRAFT Agenda ID #3644

Decision DRAFT DECISION OF ALJ MALCOLM (Mailed 6/8/2004)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of San Diego Gas & Electric Company (U 902 E) for a Certificate of Public Convenience and Necessity for the Miguel - Mission 230kV #2 Project.

Application 02-07-022

(Filed July 12, 2002)

OPINION CERTIFYING FINAL

ENVIRONMENTAL IMPACT REPORT

AND GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE MIGUEL MISSION PROJECT

I. Summary

This order certifies the Final Environmental Impact Report (FEIR) as the Environmental Impact Report (EIR) for the transmission line facilities that are the subjects of this application. We certify the EIR for use by responsible agencies in considering subsequent approvals for the project, or for portions thereof.

This order also grants a certificate of public convenience and necessity (CPCN) to San Diego Gas & Electric Company (SDG&E). The project we approve today modifies SDG&E's original proposal by requiring it to underground the existing 138 kilovolts (kV) and 69 kV circuits, 1.35 miles through the City of Santee and 3.5 miles through the Jamacha Valley, rather than construct these lines overhead as originally proposed. Specifically, the project we approve is the proposed project as modified by the Jamacha Valley 138 kV/69 kV Underground Alternative and the City of Santee 138 kV/69 kV Underground Alternative. This modified project is the preferred alternative recommended by the EIR in this application.

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