Discussion

PG&E's application at page 3 states:

"PG&E does not have any outstanding insurance claims relating to the fire at the Gerber Station. As explained below, no additional monies or other reimbursement of costs related to the Gerber Station fire will be forthcoming."

PG&E's application described its actions with respect to pursuing claims with its insurance broker for the Gerber fire. The application states that PG&E agreed with the insurance representatives "to a total sum of $6 million as the full and final settlement of any and all claims arising out of PG&E's November 6, 2001, loss at its Gerber Station." (Application, p. 3.)

PG&E also attached two exhibits to its application. The first exhibit is the "Release and Hold Harmless" agreement between PG&E and its insurers. PG&E states that this exhibit provides "that PG&E will not receive any additional insurance proceeds." (Application, p. 4.) The second exhibit is the February 20, 2004 declaration of Hudson Martin. Martin is the Director of the Insurance Department at PG&E Corporation. His declaration states in pertinent part:

"PG&E received $6 million in insurance proceeds against the Company's loss due to the fire at the Gerber Compressor Station. On November 3, 2003, PG&E received $5,970,000 in insurance proceeds and on December 5, 2003, PG&E received the remaining $30,000 in insurance proceeds, for a total of a $6 million insurance settlement. The $6 million represents all of the proceeds PG&E is entitled to receive and no additional monies or other reimbursement of the costs in connection with Gerber Station fire will be forthcoming."

We have reviewed PG&E's application, the two exhibits attached to the application, and D.03-12-061.

PG&E represents in its verified application and in the Martin declaration that no other insurance proceeds relating to the Gerber fire will be forthcoming, and that all of the insurance proceeds that PG&E received were accounted for in D.03-12-061. As a result of these representations, we find that no other insurance proceeds are available from PG&E's insurer relating to the Gerber fire.

Since no one contested PG&E's application and its representations concerning the insurance proceeds from the Gerber fire, we conclude that the Gerber fire insurance issue that was raised in D.03-12-061, and addressed in this application, should be closed. No further proceedings relating to the insurance proceeds from the Gerber fire are needed.