III. The Proposed Improvements are Exempt Under Section 853(b) from the Requirements of Section 851
The parties request an expedited order exempting the agreement from the requirements of § 851, pursuant to § 853(b).2 Section 853(b) allows the Commission to exempt a public utility from the § 851 approval process if it finds that such approval is not necessary in the public interest.
In Decision (D.) 01-06-006, we granted the request of San Diego Gas and Electric Company (SDG&E) for an exemption from the requirements of § 851, pursuant to § 853(b), to lease space at its Mission and El Cajon substations to CalPeak Power LLC for installation and operation of electric generation units. We gave the following reasons: (1) the application responded to a pressing need, for which time is critical; (2) the relief is very limited; (3) SDG&E gave assurance that leasing space will in no way impair or affect SDG&E's ability to provide utility service; and (4) there were no substantive protests to the application.
Like the application in D.01-06-006, this application responds to a pressing need for which time is critical. However, in this case the timing is even more critical, as the pressing need in this application concerns a safety hazard and a threat to the welfare of passengers at the Hillsdale Caltrain Station. As in D.01-06-006, the relief sought by PG&E and JPB is very limited. The access ramp and stairs are temporary in nature since JPB is planning a project to relocate the entire Hillsdale Caltrain Station. Given the limited relief sought in this application, we should grant the exemption from the requirements of § 851.
The Agreement will in no way impair or affect PG&E's ability to provide utility service. The temporary access ramp and stairs are compatible with PG&E's gas transmission line facilities and JPB has agreed, pursuant to the Agreement, to coordinate its activities to avoid any interference with the use by PG&E of the Easement Area. These assurances from PG&E and JPB support the grant of an exemption from the requirements of § 851.
There are no protests to this application. Approving the application serves the public interest by allowing utility property (the Easement Area) to be used for other productive purposes - and addresses a critical issue of public safety - without interfering with the utility's operation or affecting service to utility customers. Therefore, as in D.01-06-006, pursuant to § 853(b), we will exempt PG&E from the requirements of § 851.
2 (b) The commission may from time to time by order or rule, and subject to those terms and conditions as may be prescribed therein, exempt any public utility or class of public utility from this article [transfer or encumbrance of utility property] if it finds that the application thereof with respect to the public utility or class of public utility is not necessary in the public interest. The commission may establish rules or impose requirements deemed necessary to protect the interest of the customers or subscribers of the public utility or class of public utility exempted under this subdivision. These rules or requirements may include, but are not limited to, notification of a proposed sale or transfer of assets or stock and provision for refunds or credits to customers or subscribers.
