7. Assignment of Proceeding
Timothy Alan Simon is the assigned Commissioner and Maribeth A. Bushey is the assigned ALJ and Presiding Officer in this proceeding.
1. The narrow strips of property comprising the permanent easements and the associated temporary construction easements are the most feasible means to enable Wild Goose to construct its loop pipeline.
2. The public will benefit from increased availability and reliability of natural gas supply from the proposed condemnation.
3. Roseville Lands' harm is limited to disturbed farm serenity and concerns about pipeline safety.
4. Wild Goose presented evidence that locating the loop pipeline alongside the existing pipeline minimizes private harm; Roseville Land presented no contradictory evidence.
5. The amount of land to be taken is minimal.
6. Locating the loop pipeline alongside the existing pipeline minimizes private harm.
7. Wild Goose's bi-directional loop pipeline was a primary component of Wild Goose's expansion project approved by the Commission in D.02-07-036.
8. Since the Commission issued D.02-07-036, no evidence was produced showing a decrease in natural gas consumption in California.
9. The environmental review of the expansion project included directional boring.
10. Defendant Roseville Land received actual and timely notice of this proceeding as a result of Wild Goose's service of the complaint on it.
11. Wild Goose presented qualified witnesses in support of its request.
12. Roseville Land presented no witnesses.
13. The findings underlying the Commission's 2002 authorization, allowing Wild Goose to expand certain facilities, are still valid.
1. The four parcels of property proposed to be condemned by Wild Goose are necessary for the expansion project approved in D.02-07-036.
2. The Commission found in D.02-07-036 that the expansion of Wild Goose's natural gas storage and pipeline facility, including the bi-directional loop pipeline, will bring significant public benefits by responding to increased demand for natural gas from electrical generators, exerting downward pressure on natural gas prices, and providing increased availability of natural gas during times of high demand.
3. The public benefits of the proposed condemnation outweigh the hardship to the landowners.
4. The bi-directional loop pipeline is located in a manner most compatible with the greatest public good and least private injury.
5. The public interest and necessity require Wild Goose's proposed condemnation.
6. Wild Goose's bi-directional pipeline has been previously reviewed pursuant to the California Environmental Quality Act and no further review is required.
7. Section 625 authorizes the Commission to require a complaint to initiate a proceeding pursuant to that section.
8. The evidentiary hearings in this proceeding were conducted consistent with the Commission's procedural standards for hearings and afforded both parties a fair hearing to resolve the issues raised by the complaint.
9. The timing constraints set by § 625 require an expeditious hearing.
10. The primary substantive issue raised in the motion to dismiss, i.e., that the current pipeline is not located within the actual boundaries of the recorded easement, has been resolved by the May 9, 2008, Butte County Superior Court order.
11. The public interest would be served by Wild Goose's proposed condemnation.
12. Roseville Land's appeal presented no procedural or factual basis for substantive alteration of the Presiding Officer's Decision and no such alterations should be made.
13. Today's order should be made effective immediately.
IT IS ORDERED that:
1. Pursuant to Public Utilities Code Section 625, this Commission finds that the condemnation by Wild Goose Storage LLC of two permanent subsurface utility and gas transmission pipeline easements and two temporary construction easements as described in Attachment A will serve the public interest.
2. Roseville Land Development Association's appeal is denied.
3. Case 08-02-006 is closed.
This order is effective today.
Dated November 6, 2008, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
