Procedural Considerations

The Commission in Resolution ALJ 176-3117 preliminarily categorized this as a ratesetting proceeding not expected to require hearings. The Commission's Office of Ratepayer Advocates (ORA) filed a timely protest to the application. ORA did not oppose PG&E's request for approval of the sale or ratification of the easements, but did advocate that the gain on sale be prorated between ratepayers and shareholders based on the time the property was in rate base. Assigned Administrative Law Judge (ALJ) McVicar held a prehearing conference on January 27, 2004, at which the parties agreed to file a joint statement of stipulated facts.¹⁴ There are no material facts in dispute, and there is no known opposition to the relief granted in this order. We conclude that it is not necessary to disturb our preliminary category and need for hearing determinations.