COM/MP1/hkr Mailed 8/1/2007

Decision 07-07-040 July 26, 2007

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Chevron Products Company, Complainant, vs. Equilon Enterprises LLC, dba Shell Oil Products US, and Shell Trading (US) Company, Defendants.

Case 05-12-004 (Filed December 5, 2005)

OPINION DENYING DEFENDANTS' MOTION TO DISMISS AND
DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION AND
GRANTING COMPLAINANT'S MOTION FOR SUMMARY ADJUDICATION

TABLE OF CONTENTS

Title Page

OPINION DENYING DEFENDANTS' MOTION TO DISMISS AND DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION AND GRANTING COMPLAINANT'S MOTION FOR SUMMARY ADJUDICATION 22

1. Summary 22

2. Procedural Background 22

3. Factual Dispute 44

4. Motion to Dismiss 55

5. Prior Court of Appeal Decision 66

6. Res Judicata, Collateral Estoppel and Judicial Estoppel 1010

7. Commission Practice 1111

8. Discussion 1313

9. Defendants' Motion for Summary Adjudication 2222

10. Category and Need for Hearing 2222

11. Comments on Alternate Proposed Decision 2222

12. Assignment of Proceeding 2323

Findings of Fact 2323

Conclusions of Law 2525

ORDER 2626

OPINION DENYING DEFENDANTS' MOTION TO DISMISS AND DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION AND
GRANTING COMPLAINANT'S MOTION FOR SUMMARY ADJUDICATION

1. Summary

Complainant alleges that an oil pipeline operated by one of the defendants and running from the San Joaquin Valley production fields to Bay Area refineries is a public utility subject to regulation by this Commission. Defendants move to dismiss the complaint, arguing that the moving parties are entitled to judgment as a matter of law based on the doctrines of res judicata and judicial estoppel as well as a long-standing practice of this Commission with respect to proprietary oil pipelines. Complainant and defendants also move separately for summary adjudication. For the reasons set forth below, we deny defendants' motion to dismiss the complaint by reason of estoppel and defendants' motion for summary adjudication but grant complainant's motion for summary adjudication.

This case is closed.