5. Discussion

Under Pub. Util. Code § 851, no public utility may transfer or encumber its property that is necessary or useful in the performance of its duties to the public without first having secured the Commission's authorization. The easements here are encumbrances on utility property, but PG&E has shown that the easements serve a useful purpose and will not affect PG&E's operations and customer service. As noted, 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 the public. Accordingly, we grant the application and authorize PG&E to enter into easement agreements with the property owners for installation of domestic water wells.

PG&E also asks that we establish a streamlined procedure for approval of minor encroachment agreements like those here. PG&E suggests that one approach would be for the utility to file an advice letter notifying the Commission of a proposed encroachment agreement and identifying the grantee, the location of the encroachment within the easement area and any applicable CEQA exemption.

We dismiss PG&E's motion as moot, since the Commission has already launched an inquiry to examine means in which § 851 applications like this one can be streamlined. On March 18, 2005, the Commission invited written comments on a proposed pilot program and options for streamlining § 851 review. Comments were due in May 2005.