4. Final Categorization and Waiver of Review Period

Based on our review of this application, we conclude that there is no need to alter the preliminary determinations as to categorization and need for a hearing made in Resolution ALJ 176-3086, dated April 22, 2002). Moreover, since this proceeding is uncontested and we grant the relief requested, pursuant to Section 311(g)(2), the otherwise applicable 30-day period for public review and comment is waived.

Findings of Fact

1. The proposed easements will not interfere with PG&E's use of the property or with service to PG&E's customers, and will be utilized in a manner consistent with Commission and legal requirements.

2. The County is the Lead Agency for the proposed project under CEQA.

3. The County prepared an EIR for the project, which found that (a) the proposed project , the mitigation measures applicable to the project, and the Mitigation Monitoring Program avoids and/or reduces the impacts of the project to the maximum extent possible; (b) there is substantial evidence in the record that each of the identified alternatives is infeasible because they would not allow the project to achieve its basic objectives nor accomplish the goals and policies of the County's transportation plans and other adopted County policies; (c) certain mitigation measures as described in the Final EIR would lessen but not necessarily eliminate the potential adverse environmental effect associated with the project and that those impacts in the areas of biology, noise, and traffic safety remain significant and unavoidable; (d) there were no other feasible mitigation measures or alternatives which would reduce these impacts to less than significant levels; and (e) the County was not required to and did not adopt mitigation measure 8-2B in Table 3-1 of the recirculated EIR and Table 4-1 of the Final EIR.

4. On July 10, 2001, the Placer County Board of Supervisors certified the Final EIR (SCH # 1999809203); adopted the Findings of Fact, including applicable mitigation measures and a mitigation monitoring program; and approved a Statement of Overriding Considerations for significant unavoidable impacts in the three resource areas of biology, noise, and traffic safety.

5. The Commission is a Responsible Agency for the proposed project under CEQA.

6. Consistent with the County's findings and determinations, we find (a) the proposed project, including the mitigation measures as described in Table 3-1 of the Recirculated Draft EIR, and the Mitigation Monitoring Program contained in Chapter 4 of the Final EIR, avoids and/or reduces the impacts of the project to the maximum extent possible; (b) there is substantial evidence in the record that each of the identified alternatives is infeasible because they would not allow the project to achieve its basic objectives nor accomplish the goals and policies of the County's transportation plans and other adopted County policies; (c) that certain mitigation measures as described in the Final EIR, would lessen but not necessarily eliminate the potential adverse environmental effect associated with the project and that those impacts remain significant and unavoidable; (d) these impacts were in the resource areas of biology, noise, and traffic safety; (e) that there were no other feasible mitigation measures or alternatives which would reduce these impacts to less than significant levels; (f) that to the extent that these impacts would not be substantially lessened or eliminated, that specific economic, legal, social, technological, or other considerations identified in the Statement of Overriding Considerations support approval of the project, including providing for a balance of transportation options, economic growth, safety, and quality of life benefits; and (g) the County was not required to and did not adopt mitigation measure 8-2B in Table 3-1 of the recirculated EIR and Table 4-1 of the Final EIR.

7. Compensation received by PG&E from the County for the proposed easements will be credited to Other Operating Revenue according to accounting guidelines established for the TCBA.

8. The project will enable the County to widen Bell Road from two to four lanes in order address traffic problems.

Conclusions of Law

1. The EIR, Statement of Overriding Considerations, and resolution adopted by the County are adequate for the Commission's decision-making purposes as a Responsible Agency under CEQA.

2. Consistent with § 851, PG&E's conveyance of the two drainage easements and the two regrading easements to the County for the project will serve the public interest and should be authorized.

3. The decision should be effective today in order to allow the two drainage easements and two regrading easements to be conveyed to the County expeditiously.

ORDER

IT IS ORDERED that:

1. Pacific Gas and Electric Company (PG&E) is authorized to convey two permanent drainage easements and two permanent regrading easements, as described in Exhibits A and B of the Application, to the Placer County Department of Public Works.

2. When the final easement documents are executed, PG&E shall submit a copy of those documents to the Director of the Energy Division within sixty (60) days of this order.

3. PG&E shall credit the fees of $13,000.00 to the Other Operating Revenue sub-account of the Transition Cost Balancing Account.

4. This proceeding is closed.

This order is effective today.

Dated June 27, 2002, at San Francisco, California.

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