Michael Peevey is the Assigned Commissioner and Karl Bemesderfer is the assigned Administrative Law Judge in this proceeding.
1. In order for General Mills to construct its facilities on the Site, a lease from SCE is required.
2. Lease of the Site to General Mills is consistent with the current uses of the related SCE properties.
3. The lease and associated construction will not impair SCE's ability to provide service to the public.
4. The City of Carson has conducted an environmental review that includes the Site.
5. The City of Carson has issued a mitigated negative declaration with regard to the Site.
6. It can be seen with certainty that construction and operation of the facilities contemplated by the lease as proposed in the Application will have no significant effect on the environment.
7. All revenue from the lease in excess of a Commission-established threshold will be treated as Other Operating Revenue and shared 70/30 between SCE and its ratepayers, pursuant to D.99-09-070.
8. There is no known opposition to granting the authorization requested.
1. Approving the requested lease is in the public interest.
2. The mitigated negative declaration adopted by the City of Carson for the Site is adequate for the CPUC's decision-making purposes as a Responsible Agency under CEQA.
3. No additional CEQA review by the Commission is required.
4. The proposed revenue sharing conforms to the Commission's order in D.99-09-070.
5. A public hearing is not necessary.
6. The Application should be granted as set forth in the following Order.
7. This decision should be effective today in order to allow General Mills to expeditiously enter into the lease with SCE and begin paying rent for the benefit of SCE and its ratepayers as soon as possible.
IT IS ORDERED that:
1. Southern California Edison Company's Application for authority to lease a portion of its La Fresa-Lighthipe Transmission Right of Way to General Mills, Inc. is granted, as described above.
2. All revenue from the lease shall be treated as Other Operating Revenue subject to the sharing mechanism set forth in Decision 99-09-070.
3. SCE shall notify the Director of the Commission's Energy Division in writing of any amendment, extension or termination of the lease agreement, within 30 days after such amendment, extension or termination is executed.
4. Application 02-09-008 is closed.
This order is effective today.
Dated January 16, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
I dissent.
I reserve the right to file a dissent.
/s/ LORETTA M. LYNCH
Commissioner
I dissent.
I reserve the right to file a dissent.
/s/ CARL W. WOOD
Commissioner