VIII. Compliance with Public Utilities Code
Section 625

Pub. Util. Code § 625 provides that a public utility that offers competitive services may not condemn any property for the purpose of competing with another entity unless the Commission finds that such an action would serve the public interest based on a hearing for which the owner of the property to be condemned has been noticed and the public has an opportunity to participate (§ 625(a)(1)(A)). However, an exception is made for condemnation actions that are necessary solely for an electric or gas company to meet a Commission-ordered obligation to serve. In that circumstance, the electric or gas company is required to provide notice on the Commission Calendar if and when it pursues installation of facilities for the purpose of providing competitive services (§ 625(a)(1)(B)).

SCE proposed the DPV2 project to meet SCE's obligation to serve its electric customers, and we authorize it for that purpose. The DPV2 project includes new fiber optic cable to provide internal communications links for line protection, but SCE states that it has no current intention to use this fiber optic cable for competitive purposes or to lease it.

In D.01-10-029, the Commission addressed the applicability of § 625 where the utility is implementing a project to meet its obligation to serve, but aspects of the project may have a competitive purpose later. We described that § 625 provides two different levels of notice and oversight and that, "The lesser standard requires that when condemning properties to carry out a commission-ordered obligation, § 625(a)(1)(B) is applicable, which only requires notice be provided to the Commission Calendar." With similar circumstances, we conclude as in D.01-10-029 that the lesser standard, notice, applies for the DPV2 project.