Assignment of Proceeding

Susan P. Kennedy is the Assigned Commissioner and Kenneth L. Koss is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. By this application, PG&E seeks authority under Pub. Util. Code § 851 to grant an easement to the City of Santa Maria for the purpose of constructing and maintaining a multi-use trail within the City.

2. PG&E owns the subject property and uses it for the purpose of electric transmission.

3. The property is adjacent to the right-of-way of the Santa Maria Valley Railroad.

4. The City co-signed Application 04-08-010 and is in support of the easement being granted.

5. PG&E will receive $1,000 from the City as payment for the easement and will credit the proceeds to its Electric Other Operating Revenue Account.

6. The City and PG&E prepared a draft Easement Agreement, identified now as LD 3410-34-1039, that details the terms and conditions of the proposed easement.

7. To timely access federal construction funds, PG&E requested an expedited procedural schedule in this proceeding.

8. GO 26-D contains rules on railroad clearances.

9. The City is the Lead Agency for the project under CEQA.

10. The Commission is a Responsible Agency for the project under CEQA.

11. The City found this project to be categorically exempt from CEQA.

12. Caltrans found this project will not have a significant effect on the environment, as defined by NEPA requirements.

13. This is an uncontested matter. No protests or other comments were received opposing this application.

14. The proposed easement is in the public interest.

Conclusions of Law

1. The applicant has satisfied the requirements of Pub. Util. Code § 851.

2. The applicant has satisfied the requirements of the Rules.

3. An evidentiary hearing is not required.

4. We find that the City conducted adequate CEQA review for the purposes of our approval.

5. We adopt the City's finding that this project is categorically exempt from the provisions of CEQA.

6. Our approval of the transaction is not adverse to the interest or rights of the public.

7. PG&E and the City should comply with the provisions of GO 26-D with respect to railroad right-of-way clearances.

ORDER

IT IS ORDERED that:

1. The request of Pacific Gas and Electric Company (PG&E) to grant an easement to the City of Santa Maria (City) for the construction, use and maintenance of a multi-use trail is approved.

2. The City shall pay PG&E the sum of $1,000 for the easement.

3. The applicant and the City shall comply with the terms and conditions of the easement agreement.

4. Within 30 days of issuing the grant, PG&E shall file an advice letter with this Commission noticing the completed transfer.

5. PG&E shall record the proceeds from this grant in its Electric Other Operating Revenue Account.

6. PG&E and the City shall comply with the provisions of General Order 26-D with respect to railroad right-of-way clearances.

7. The 30-day comment period is waived, as this is an uncontested matter.

8. This proceeding is closed.

This order is effective today.

Dated October 28, 2004, at San Francisco, California.

Previous PageTop Of PageGo To First Page