Comments on Draft Decision
The Commission mailed the draft decision of the Administrative Law Judge in this matter to the parties in accordance with Section 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ________, and reply comments were filed on _________.
1. Under the terms of the SCE's lease with Katella, the property will continue to be owned by SCE as utility operating property.
2. Ratepayers should continue to have certain financial responsibilities for the operation and maintenance of utility facilities on the property.
1. D.01-01-043 should be revised to allow SCE to seek recovery from ratepayers of environmental claims arising out of utility operations on the property. The order should be modified to limit the restriction on ratepayer recovery of environmental claims, and defense of such claims, to those claims relating to the activities or tenancy of Katella.
2. The Petition for Modification should be granted, with minor modifications.
IT IS ORDERED that:
1. Ordering Paragraph 3 of Decision (D.) 01-01-043 is modified to read as follows:
3. Approval of this lease is conditioned upon compliance by lessee with all applicable environmental regulations. Any modifications to the lease agreement or subsequent changes to the use of the property shall be presented to the Commission for approval and review under the CEQA, as necessary. Should environmental claims, in whole or in part, related to the tenancy or activities of the lessee be made on SCE subsequent to the execution of the lease, SCE shall not seek recovery of any such claims, or defense of such claims, from ratepayers.
2. The second paragraph on page 11 of D.01-01-043 is modified to state:
Should environmental claims, in whole or in part, related to the tenancy or activities of the lessee be made on SCE subsequent to the execution of the lease, SCE shall not seek recovery of any such claims, or defense of such claims, from ratepayers.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
