X. Waiver of Comment Period

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 Section 851 of the Public Utilities Code, for SCE to lease a 5.8-acre site on available land on its transmission right of way to Katella Operating Properties, LLC for vehicle and boat parking purposes.

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 lease is for a secondary use of utility property which has been deemed "passive" for revenue sharing purposes.

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

7. Development of the property by Katella was subject to all applicable laws and discretionary approvals from the City of Anaheim. The City's discretionary approval process triggered application of CEQA to this project resulting in the adoption of a Negative Declaration and the issuance of Conditional Use Permit No. 4126. No additional CEQA review by the Commission is required at this time.

8. 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. 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.

2. The proposed lease, as set forth in the application, is in the public interest and should be approved.

3. The lease is a passive secondary use subject to revenue sharing.

4. Pursuant to D.99-09-070, revenue sharing is 70% to shareholders and 30% to ratepayers.

ORDER

IT IS ORDERED that:

1. Within six months after the effective date of this order, Southern California Edison Company (SCE) may lease to Katella Operating Properties, LLC the property as set forth in Application (A.) 00-06-004, 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. Any modifications to the lease agreement or subsequent changes to the use of the property shall be presented to the Commission for approval and review under the California Environmental Quality Act, as necessary. 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. A.00-06-004 is closed.

This order is effective today.

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

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