ALJ/KLK/avs Mailed 10/29/2004
Decision 04-10-026 October 28, 2004
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Pacific Gas and Electric Company For Expedited Approval Under Public Utilities Code Section 851 to Grant an Easement Over PG&E Fee Property to the City of Santa Maria for Construction, Public Access and Maintenance of a Multi-Purpose Trail along the Santa Maria Valley Railroad Right-of-Way. |
Application 04-08-010 (Filed August 10, 2004) |
OPINION AUTHORIZING AN EASEMENT ON UTILITY PROPERTY TO THE CITY OF SANTA MARIA UNDER PUBLIC UTILITIES CODE SECTION 851 FOR THE CONSTRUCTION OF A MULTI-PURPOSE TRAIL
Pursuant to Pub. Util. Code § 851, Pacific Gas and Electric Company (PG&E) is authorized to grant an easement over PG&E fee property to the City of Santa Maria for the construction, public access and maintenance of a multi-use trail along the right-of-way of the Santa Maria Valley Railroad. The concurrent motion for an expedited procedural schedule filed by PG&E is also granted, as set forth. This proceeding is closed.
Background
Pub. Util. Code § 851 requires a public utility to secure authorization from the Commission before encumbering or transferring any of its properties or rights necessary or useful in the performance of its duties as a public utility. The City of Santa Maria (City) is designing and constructing a citywide system of bicycle paths and multi-use trails for public use. One of these trails would traverse a parcel of real property owned by PG&E and the City requested an easement be granted by PG&E to allow for the construction, use and maintenance of the trail. PG&E is requesting authorization from the Commission to grant the easement.
The parcel is a narrow strip of land, 16 by 715 feet, commonly known as the Fairway Fee Strip and identified by the Santa Barbara County Assessor as Parcel Number 111-510-066. The Fairway Fee Strip runs in a north/south direction and is adjacent to the Santa Maria Valley Railroad right-of-way on the west and a Santa Barbara County Flood Control land strip on the east. The City plans to install pavement on the parcel not to exceed 10 feet in width. PG&E uses the Fairway Fee Strip for a 115-kilovolt transmission line that includes two electrical towers on the property. The project plans specify that no construction materials are to be stored under the towers or transmission lines. During construction, the City will use the Flood Control District property for staging, parking and storage.
Along with this application, PG&E concurrently filed a motion requesting an expedited procedural schedule to avoid the possible loss of $200,000 in federal grant monies secured by the City. The project is in the public interest and cannot be completed without the federal grant and we will therefore expedite the schedule.
Pursuant to Rule 35 of the Commission's Rules of Practice and Procedure (Rules), representatives of the City co-signed and support this application.
