ALJ/GEW/sid DRAFT CA-10
7/12/2001 Agenda ___
Decision DRAFT DECISION OF ALJ WALKER (Mailed 6/6/2001)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Reclamation District No. 2042, Complainant, vs. Pacific Gas and Electric Company, Defendant. |
Case 93-06-039 (Filed June 15, 1993) |
1. Summary
Reclamation District No. 2042 (the District), an agency charged with responsibility for reclamation and flood control for an area of land known as Bishop Tract in San Joaquin County, seeks to recover $353,906 from Pacific Gas and Electric Company (PG&E) for the cost of relocating utility poles and equipment to facilitate the widening of levees. The District claims that it is a state entity, that the levee improvements were undertaken under its authority to engage in flood control efforts, and that the costs of relocation of utility poles should be borne by PG&E. The utility contends that it had no franchise agreement with the District as it does with cities and counties, that the District's work was intended to benefit a few private owners, and that, in any event, PG&E tariffs direct that parties requesting line relocation are required to pay for it. This decision finds that the Legislature has not granted franchise-like authority to reclamation districts, and that the District in this case has not shown a violation of law or of Commission rule or order by PG&E. The complaint, therefore, is denied.
