11. Assignment of Proceeding

Loretta M. Lynch is the Assigned Commissioner and Bertram D.Patrick is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. The New Bridge Marina property located in Antioch consists of a 0.321-acre non-nuclear generation-related property owned by PG&E.

2. Buyer has offered to purchase the New Bridge Marina property for $1.00 and release PG&E from liabilities arising from the transfer.

3. Section 377 does not bar the proposed sale, since the property is not a "facility for the generation of electricity" or a "generation asset."

4. Since the property to be sold is no longer needed for utility distribution operations, and the property constitutes a nuisance, the proposed sale satisfies the public interest requirements of § 851.

5. The proposed sale of the New Bridge Marina property is not an activity subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment.

6. The application is unopposed. Thus, a hearing is not needed.

Conclusion of Law

ORDER

IT IS ORDERED that:

1. The application of Pacific Gas and Electric Company to sell the New Bridge Marina property is granted.

2. This proceeding is closed.

This order is effective today.

Dated June 5, 2003, at San Francisco, California.

MICHAEL R. PEEVEY

President

CARL W. WOOD

GEOFFREY F. BROWN

SUSAN P. KENNEDY

Commissioners

I dissent

/s/ LORETTA M. LYNCH

Commissioner

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