Timothy Alan Simon is the assigned Commissioner and Jeffrey P. O'Donnell is the assigned ALJ in this proceeding.
1. Under terms of the lease, Greenleaf's use of the site will not interfere with SCE's operations or facilities on the site.
2. All revenue from the lease in excess of a Commission-established threshold will be treated as OOR and shared 70%/30% between SCE and its ratepayers, pursuant to D.99-09-070.
3. Compton is the lead agency for the proposed project under CEQA, and the Commission is a responsible agency.
4. On November 8, 2006, the Compton Planning Commission adopted Mitigated Negative Declaration No. 895 by adopting Resolution 3803 granting Conditional Use Permit No. 2535. Compton determined that the project, as modified by the conditions of approval, will not result in any potentially significant impacts on the environment.
5. The Commission has reviewed and considered the information contained in Compton's Negative Declaration and finds that it is adequate for the Commission's decision-making purposes.
6. We adopt Compton's finding that the proposed project, as modified by the conditions of approval, will not result in any potentially significant impacts on the environment.
7. There is no known opposition to granting the application.
1. Compton's conditions of approval should be conditions of our approval.
2. The proposed lease is in the public interest.
3. The Application should be granted as set forth in the following order.
4. A public hearing is not necessary.
5. This order should be made effective immediately to allow the lease to take effect and its benefits to begin flowing to SCE and its ratepayers as soon as possible.
ORDER
IT IS ORDERED that:
1. Southern California Edison Company (SCE) is authorized to lease to Greenleaf Industrial Parking, LLC a site on SCE's La Fresa-Lighthipe transmission right of way in City of Compton, in accordance with the terms and conditions set forth in this order.
2. Our approval of this application is contingent upon satisfaction of the conditions of approval imposed by the City of Compton as discussed herein.
3. All revenue from the lease shall be treated as Other Operating Revenue and subject to the sharing mechanism set forth in Decision 99-09-070.
4. SCE shall notify the Director of the Commission's Energy Division in writing of any amendments to, extension of, or termination of the lease agreement, within 30 days after such amendments are executed.
5. Application 07-07-019 is closed.
This order is effective today.
Dated February 28, 2008, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
Commissioners
Commissioner Timothy Alan Simon, being
necessarily absent, did not participate.