7. Assignment of Proceeding

Loretta M. Lynch is the Assigned Commissioner and Jean Vieth is the assigned ALJ in this proceeding.

Findings of Fact

1. Since FERC has declined to remove certain lands and related property from PG&E's Pit 1 license, the transfers described in these applications cannot proceed as proposed, even in the absence of a statutory bar.

2. Since we dismiss these applications on the same basis without reaching the merits, there is no need to issue separate decisions.

3. The Commission's staff conducted a review of PG&E's proposed project and issued a Draft MND for public review and comment.

4. Following receipt of comments, the Commission's staff prepared a Final MND.

5. With the incorporation of the mitigation measures in the Final MND, PG&E's proposed project would have no potentially significant adverse environmental impacts, were it able to proceed as proposed.

Conclusions of Law

1. The petitions to intervene filed by Edison and Pacific Terminals should be granted.

2. The Draft MND and Final MND were prepared in compliance with and pursuant to CEQA.

3. The Final MND should be adopted so that it may be used in future, consistent with CEQA.

4. The consolidated applications should be dismissed without prejudice to a subsequent filing.

5. In order to eliminate uncertainty in the parties' business dealings, this order should be effective immediately.

ORDER

IT IS ORDERED that:

1. Application (A.) 00-05-029 and A.00-05-030 are dismissed without prejudice.

2. The petitions to intervene filed by the Southern California Edison Company and by Pacific Terminals LLC are granted and their comments on the draft decision are accepted for filing.

3. The Final Mitigated Negative Declaration and Initial Study (MND) is adopted for future use consistent with the California Environmental Quality Act.

4. These proceedings are closed.

This order is effective today.

Dated June 19, 2003, at San Francisco, California.

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