ALJ/KLK/eap Mailed 11/21/2005
Decision D.05-11-023 November 18, 2005
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of Southern California Edison Company (U 338-E) for Authority to Grant an Easement on Kaweah Hydroelectric Project land to Brian and Cheryl Ford. |
Application 05-03-017 (Filed March 16, 2005) |
OPINION AUTHORIZING SOUTHERN CALIFORNIA EDISON
COMPANY TO GRANT AN EASEMENT ON UTILITY PROPERTY IN
TULARE COUNTY UNDER PUBLIC UTILITIES CODE SECTION 851
Pursuant to Pub. Util. Code § 851, Southern California Edison (SCE) is authorized to grant an easement on a parcel of land (Site) of approximately one-tenth of an acre in Tulare County to Brian and Cheryl Ford (Fords). This proceeding is closed.
Background
Section 851 requires a public utility to secure authorization from the Commission before encumbering or transferring any of its properties or rights necessary or useful in the performance of its duties as a public utility. As an investor-owned utility, SCE provides electrical service in 15 counties in Southern and Central California, with substantial holdings throughout the state.
SCE's Kaweah Hydroelectric Project (Kaweah Project) is located in the Sierra Foothills along the Kawaeh River, in Tulare County. The Kaweah Project includes three powerhouses that produce 8.8 megawatts of electricity. SCE is requesting authority to grant a 3,383 square foot easement (one-tenth acre) to the Fords, on available land within the Kaweah Project, in the community of Three Rivers. The Site is part of a 23-acre portion of the Kaweah Project, adjacent to property owned by the Fords. The Site includes two retaining walls, a fence, shrubbery and sprinklers. SCE owns the property in fee and maintains no other facilities on the Site.
Granting the easement resolves a dispute between the Fords and SCE on the use of the Site and settles a related civil complaint filed by the Fords in the Tulare County Superior Court. Pursuant to Rule 35 of the Commission's Rules of Practice and Procedure, the Fords co-signed and support this application. Settlement Agreement and Easement
In 1987, the Fords purchased a parcel of land with a single-family residence adjacent to the Site, and have since used the Site for limited parking and recreational use, believing it was part of their purchased property. In or about 1996, SCE engaged a State Licensed Real Estate Appraiser to conduct a land survey of the Site, who found it to be part of SCE property. Following the survey, SCE demanded the Fords remove all encroachments from the Site, but also offered to grant the Fords a license for its use, which they refused.
On September 22, 2003, the Fords filed a civil suit in Tulare County Superior Court regarding the use and maintenance of the Site. The Fords and SCE subsequently entered into a settlement agreement in the Tulare County case that allows the Fords limited use (including parking of up to three vehicles) of the Site through an easement granted in perpetuity upon payment of a one-time fee of $1,050. As a condition of the settlement agreement, the Commission must first approve the easement.
