Assignment of Proceeding

Dian M. Grueneich is the Assigned Commissioner and Kenneth L. Koss is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. By this application, SCE seeks authority under Pub. Util. Code § 851, to grant an easement to the Fords of approximately one-tenth of an acre on utility property in Tulare County, for private use.

2. The Site is within SCE's Kawaeh Project property, in the community of Three Rivers, and is owned in fee by SCE.

3. No SCE facilities exist on the Site.

4. The Fords co-signed and support this application.

5. The easement resolves a dispute over use of the Site and is part of a settlement agreement in a civil lawsuit filed by the Fords in the Tulare County Superior Court.

6. The Fords will pay SCE a one-time fee of $1,050 for the easement.

7. Revenues from the easement payment will be split between shareholders and ratepayers as outlined in D.99-09-070, with shareholders receiving 70% and ratepayers 30% of the proceeds.

8. Granting the easement will not allow further development on the property, except landscaping, and will have no potential for causing a direct or indirect change to the environment.

9. This is an uncontested matter as no protests or other comments were received opposing this application.

10. The proposed easement is in the public interest and will not interfere with the operation of SCE facilities or service to its customers.

Conclusions of Law

1. The applicant has satisfied the requirements of Pub. Util. Code § 851.

2. The applicant has satisfied the requirements of the Rules.

3. An evidentiary hearing is not required.

4. The easement is exempt from CEQA requirements, pursuant to CEQA Guidelines Section 15378.

5. Our approval of the transaction is not adverse to the interest or rights of the public.

ORDER

IT IS ORDERED that:

1. The request of Southern California Edison (SCE) to grant an easement to Brian and Cheryl Ford (Fords) for use of utility property in Tulare County is approved.

2. As a fee for the easement, the Fords shall make a one-time payment of $1,050 to SCE.

3. Easement payment revenues shall be split as described in Decision 99-09-070, with 70% directed to shareholders, and 30% to ratepayers.

4. The applicant and the Fords shall comply with the terms and conditions of the easement.

5. Within 30 days of issuing the grant, SCE shall file an advice letter with this Commission providing notice of the completed transfer.

6. SCE shall record the proceeds from the $1,050 payment in its Other Operating Revenue Account.

7. The 30-day comment period is waived, as this is an uncontested matter.

8. This proceeding is closed.

This order is effective today.

Dated November 18, 2005, at San Francisco, California.

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