3. Discussion

Section 851 provides that no public utility "shall . . . encumber the whole or any part of . . . .property necessary or useful in the performance of its duties to the public, . . . without first having secured from the Commission an order authorizing it to do so." Since High Winds' crossings of the exclusive easement would be encumbrances on PG&E property, we apply Section 851 in considering this application.⁸

The primary question for the Commission in § 851 proceedings is whether the proposed transaction is adverse to the public interest. In reviewing a § 851 application, the Commission may "take such action, as a condition to the transfer, as the public interest may require."⁹ The public interest is served when the utility property is used for other productive purposes without interfering with the utility's operation or affecting service to utility customers.¹⁰

We find that PG&E's consent to High Winds' two crossings of the exclusive easement will serve the public interest. The two proposed crossings will not interfere with PG&E's use of the exclusive easement or with service to PG&E customers, and will be utilized in a manner consistent with Commission and legal requirements. PG&E is adequately protected from liability based on High Winds' use of the underground crossing area and the road area under the agreement. PG&E's consent to these two crossings will also serve the public interest by enabling High Winds to construct and operate a wind-generating project that will produce electric energy in an environmentally sound economical manner.