ALJ/TIM/tcg Mailed 12/17/2004

Decision 04-12-036 December 16, 2004

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E) for Authority to Lease Available Land located on the Barre-Del Amo Transmission Right of Way to Anaheim RV Storage, LLC.

Application 04-09-017 (Filed September 15, 2004)

OPINION GRANTING CONDTIONAL APPROVAL OF A LEASE OF UTILITY PROPERTY PURSUANT TO PUB. UTIL. CODE § 851

Summary

This Opinion grants Southern California Edison Company (SCE) conditional authority under Pub. Util. Code § 851 to lease utility property to Anaheim RV Storage, LLC (Anaheim RV).¹ The property is a 6.3-acre site located on SCE's 220 kilovolt Barre-Del Amo transmission right-of-way in the City of Anaheim (Site). Anaheim RV intends to construct and operate a recreational vehicle (RV) storage facility on the Site. The lease will not interfere with SCE's utility obligations, and the lease revenues will be split between SCE's shareholders and ratepayers under a previously approved sharing mechanism.

The authority granted by this Opinion is subject to the following conditions. First, the lease agreement allows Anaheim RV to use SCE's property for any purpose allowed by law, as long as such uses do not interfere with SCE's use of the property for utility-related purposes. This Opinion requires any change in use of SCE's property to be approved by the Commission.

Second, the Site is located on SCE's electric transmission right of way. It is possible that SCE may need to expand its transmission capacity in the future. This Opinion provides that SCE shall have the right to install new transmission facilities on the Site when deemed necessary by SCE or the Commission.

Third, the conditional use permit for using the Site as an RV storage facility that was granted by the City of Anaheim expires in February 2007. This Opinion requires SCE to notify the Commission if the City 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.

Finally, consistent with previous Commission decisions, this Opinion determines that ratepayers shall not be held responsible for any costs associated with environmental claims related to the tenancy or activities of the lessee.