X. Procedure

The application was filed on June 2, 2000 and was noticed on the Daily Calendar on June 7, 2000. No protests have been received.

In Resolution ALJ 176-3040, dated June 8, 2000, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not expected.

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.

Findings of Fact

1. SCE requests authority, pursuant to § 851 of the Pub. Util. Code, for SCE to lease 2.1 acres of available land at its Malibu Substation to Silagi Trust for a parking lot and office facilities.

2. SCE is an investor-owned public utility engaged in the business of generating, transmitting, and distributing electric energy in portions of Central and Southern California.

3. Development and operation of the proposed facilities is compatible with SCE's operation of its electric facilities.

4. All of the revenues from the lease will be treated as OOR and shared in accordance with D.99-09-070,

5. The Commission has determined that the public interest is served when utility property is used for other productive purposes without interfering with the utility's operation or affecting service to utility customers.

6. Because the proposed lease will provide additional revenues for ratepayers, with minimal risk to them, Commission authorization of the leases will not be adverse to the public interest.

7. Development of the property by The Silagi Trust, being subject to all applicable laws and discretionary approvals from the City of Agoura Hills, will trigger application of CEQA to such development.

8. The Commission should defer to the appropriate state and local authorities having jurisdiction over any proposed change in the use of the Site. Consequently, no additional CEQA review by the Commission is required at this time.

9. Because the public interest would best be served by having the lease take place expeditiously, the ensuing order should be made effective on the date of issuance.

Conclusions of Law

1. A public hearing is not necessary.

2. The proposed lease, as set forth in the application, should be approved.

ORDER

IT IS ORDERED that:

1. Within six months after the effective date of this order, Southern California Edison Company (SCE) may lease to The Moshe Silagi Family Trust the property as set forth in Application (A.) 00-06-005, subject to the reservations therein described.

2. Within 30 days of the actual transfer, SCE shall notify the Commission in writing of the date of which the transfer was consummated. A true copy of the instrument effecting the sale and transfer shall be attached to the written notification.

3. Approval of this lease is conditional upon compliance by lessee with all applicable environmental regulations. Should environmental claims be made on SCE subsequent to the sale, SCE shall not seek recovery of any cost of the claims or defense of the claims from its ratepayers.

4. This order is a final determination that a hearing is not needed in this proceeding.

5. Application 00-06-005 is closed.

This order is effective today.

Dated January 18, 2001, at San Francisco, California.

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