7. Approaches & Solutions Suggested by Workshop Attendees

o General Order 69-C itself is not defective and need not be changed

o De-couple any perceived nexus between "revocability" and the physical extent of any activities authorized under the GO

o The definition of "limited uses" should be conformed to activities envisioned under PU Code Section 767.5 and the "ROW Decision" (D.98-10-058)

o Construction should be allowed under GO 69-C if either no CEQA is required or it is performed at the local level (except for ministerial actions)

o Streamline Section 851 proceedings via the Advice Letter process for transactions that are deminimus, unchallenged, and either do not involve CEQA or involve discretionary CEQA at the local level

o Allow transactions initially as licenses under GO 69-C; then allow conversion to leases via the Advice Letter process

o Establish a separate GO to process office leasing by Advice Letter

o Maintain a purely legalistic approach: (1) once the criteria for "revocability" and "limited use" are clarified, a license is allowable under GO 69-C regardless of what the specific transaction involves; and (2) if a lease is required by either party to the transaction, or if the specific transaction activity is outside of the bounds of GO 69-C, then a formal filing with the Commission is required pursuant to Section 851

o Establish a "deminimus" transaction test

o Develop a test for the term "necessary and useful"

_ Open a separate proceeding to deal with how the determination of "necessary and useful" is established and who makes it

_ Address the distinction between owned property and leased property

o Clarify that the exemption contained in the GO regarding revocability for government agencies is still applicable

o Expedite the Section 851 process for transactions between public agencies and public utilities

o Resolve any concerns regarding affiliate transactions associated with the GO

o Clarify the distinction between a license and a lease: transfer of assets is different from a use of space; a distinction should be made in the Section 851 process between transactions to transfer assets and transactions to encumber utility property by a lease