ALJ/JET/hl2 Mailed 12/30/2003

Decision 03-12-056 December 18, 2003

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of PACIFIC GAS AND ELECTRIC COMPANY (U 39 M), a California Corporation, and WILLIAM L. BRICKNER for an Order Authorizing the Sale and Conveyance of a Certain Parcel of Land in Alameda County Pursuant to the Public Utilities Code Section 851.

Application 02-12-033 (Filed December 20, 2002)

DECISION GRANTING APPROVAL

UNDER PUBLIC UTILITIES CODE SECTION 851

TO CONVEY TRANSMISSION-RELATED PROPERTY

Summary

We grant the application of Pacific Gas and Electric Company (PG&E) and William L. Brickner (Brickner) for an order approving the sale of a 1.53-acre parcel of land (property) located in the City of Oakland, Alameda County. The property underlies transmission lines, and the applicants propose that PG&E will retain an easement over the property for transmission-related purposes, a condition we approve. We decline to approve or disapprove PG&E's proposed assignment of the "gain-on-sale" proceeds to shareholders. Because the property has been recorded in the utility's transmission rate base, the question of assignment involves legal and policy issues that are more appropriately addressed in a rulemaking proceeding.