5. Final Categorization and Waiver of Review Period

Based on our review of this application, we conclude that there is no need to alter the preliminary determinations as to categorization and need for a hearing made in Resolution ALJ 176-3087 (May 2, 2002). Moreover, since this proceeding is uncontested and we grant the relief granted, pursuant to § 311(g)(2), the otherwise applicable 30-day period for public review and comment is waived.

Findings of Fact

1. Our consideration of this application is expedited based on representations that the County must obtain the easements as quickly as possible in order to begin construction by June 2002 and to retain its federal funding for the project.

2. The proposed easements will not interfere with PG&E's use of the property or with service to PG&E's customers, and will be utilized in a manner consistent with FERC, Commission, and legal requirements.

3. FHA is the Lead Agency for the proposed project under NEPA.

4. The County is the Lead Agency for the proposed project under CEQA.

5. FHA prepared an EA and subsequently prepared or approved a FONSI for the proposed project, which found that the project as mitigated would have no significant effect on the environment.

6. The County relied on the EA and the FONSI to assess the environmental effects of the proposed project, rather than preparing an initial study and negative declaration.

7. On November 6, 2001, the County adopted a resolution which found that the FONSI met CEQA requirements for environmental review of the proposed project and authorized the County to pursue acquisition of the two easements sought in this application from PG&E.

8. The Commission is a Responsible Agency for the proposed project under CEQA.

9. Consistent with the FHA's and the County's findings and determinations, we find that no significant environmental effect will result from the project.

10. Compensation received by PG&E from PCWA for the proposed easements will be credited to Other Operating Revenue according to accounting guidelines established for the TCBA.

11. The project will enable the County and the FHA make improvements to the project as necessary to address traffic and safety problems and to provide a parking area and sign for the informational station on PG&E property.

Conclusions of Law

1. The EA and FONSI prepared by the FHA and the resolution adopted by the County are adequate for the Commission's decision-making purposes as a responsible agency under CEQA.

2. Consistent with § 851, PG&E's conveyance of the two proposed easements to the County for the project will serve the public interest and should be authorized.

3. The decision should be effective today in order to allow the two easements to be conveyed to the County expeditiously.

ORDER

IT IS ORDERED that:

1. Pacific Gas and Electric Company (PG&E) is authorized to convey a road easement, and a temporary construction easement, as described in Exhibits A and B of the Application, across its property located in Alpine County in the vicinity of Blue Lakes Road to Alpine County. When the final easement documents are executed, PG&E shall submit a copy by advice letter filing within sixty (60) days of this order.

2. PG&E shall credit the fees of $562.50 to the Other Operating Revenue sub-account of the Transition Cost Balancing Account.

3. This proceeding is closed.

This order is effective today.

Dated June 6, 2002, at San Francisco, California.

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