Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner and Timothy Kenney is the assigned ALJ in this proceeding.

Findings of Fact

1. In A.04-09-017, SCE requests authority under Section 851 to lease the Site to Anaheim RV. Anaheim RV intends to use the Site to construct and operate an RV storage facility.

2. The construction and operation of RV storage facilities on the Site in accordance with the terms of the Option Agreement will not impair SCE's ability to provide electric utility service to the public.

3. All revenue from the lease in excess of a Commission-established threshold will be treated as OOR and shared 70/30 between SCE and its ratepayers, pursuant to D.99-09-070. All incremental costs arising from the lease will be borne by SCE's shareholders.

4. The City of Anaheim is the Lead Agency under CEQA for the Anaheim RV project.

5. In approving the proposed Anaheim RV project, the City of Anaheim adopted a Negative Declaration for the project.

6. On March 2, 2004, a Notice of Determination was filed by the City Clerk of the City of Anaheim finding that the Anaheim RV project will not have a significant effect on the environment. Mitigation measures were not required or adopted as part of the approved project.

7. The Commission is a responsible agency under CEQA and has reviewed the City's environmental documents.

8. There is no known opposition to granting the authorization requested.

Conclusions of Law

1. This is a ratesetting proceeding.

2. No hearings are necessary.

3. It is in the public interest to approve the lease, subject to the conditions identified in the body of this Opinion.

4. The City of Anaheim's environmental documents are adequate for Commission decision making-purposes and the findings therein should be adopted.

5. The following Order should be effective today in order to allow Anaheim RV to expeditiously enter into the lease with SCE.

ORDER

IT IS ORDERED that:

1. Application 04-09-017 filed by Southern California Edison Company (SCE) for authority to lease a portion of its Barre-Del Amo transmission right-of-way (Site) to Anaheim RV Storage, LLC (Anaheim RV) pursuant to the Option Agreement appended to the Application is granted, subject to the conditions set forth in the following Ordering Paragraphs.

2. All costs and revenues from the lease shall be subject to the sharing mechanism set forth in Decision 99-09-070.

3. Anaheim RV and its assignees or successors shall use the Site only for RV storage. Any other use must be approved by the Commission.

4. SCE shall have the ability under the lease to install new transmission facilities on the Site when deemed necessary by SCE or the Commission.

5. SCE shall notify the Commission whenever the City of Anaheim declines to authorize the continued use of the Site as an RV storage facility, authorizes a new use, or adopts new conditions governing the use of the Site that negatively affect SCE's ability to use the Site for utility-related purposes.

6. SCE shall not seek to recover from its ratepayers any costs for environmental claims that are related, in whole or in part, to the tenancy or activities of the lessee subsequent to the execution of the lease.

7. The City of Anaheim's finding that the Anaheim RV project will have no significant effect on the environment is adopted.

8. SCE shall notify the Director of the Commission's Energy Division in writing of any extension or termination of the Option Agreement within 30 days after such extension or termination is executed.

9. This proceeding is closed.

This order is effective today.

Dated December 16, 2004, at San Francisco, California.

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