2. Background
This proceeding arises from AL 1520-E, submitted September 9, 2003, by SDG&E. In AL 1520-E, SDG&E presented its plans to increase transmission capacity between the Sycamore Canyon Substation (Sycamore Substation) and the Miramar Substation in San Diego by adding a new tie line, TL 6942, running from Miramar Substation to Scripps Substation and then to Sycamore Substation, and reconductoring existing TL 669, running between Miramar Substation and Scripps Substation.
In AL 1520-E, SDG&E claimed exemption from the requirements for a Permit to Construct (PTC) under General Order (GO) 131-D Section III.B. SDG&E stated that the project was exempt because the overhead portion of the construction would be putting additional conductors on structures already built (Section III.B.1(e)) or intersetting poles (Section III.B.1(c)), and the underground portion would be located in existing SDG&E franchises or easements (Section III.B.1(g)).
No protests were filed to the advice letter, which then became effective October 19, 2003. In the spring of 2004, residents in the vicinity of the project contacted Commission staff with objections to the project. By letter dated July 28, 2004, staff informed the residents that their objections were too late to be considered as protests to the AL 1520-E project. This complaint was subsequently filed by Little on August 10, 2004, pursuant to Section XIV.A of GO 131-D.1
In the complaint, Little requested that a TRO be issued. After hearing argument on this request on September 3, 2004 and receiving additional information from the parties, the Administrative Law Judge (ALJ) issued a ruling, dated September 14, 2004, holding the TRO request in abeyance and requiring that SDG&E, if it wished to commence construction prior to the prehearing conference (PHC), must consult with Commission staff prior to construction. At the PHC on September 27, 2004, the ALJ orally ruled that SDG&E was not to perform any work on the project prior to October 8, 2004, to allow thorough consideration of the TRO request in the light of the information that has been developed to date. This restriction was extended through October 19, 2004 by a ruling of the assigned Commissioner and the ALJ dated October 7, 2004.
1 Eric Little is the only named complainant. He is vice president of the Loire Valley Homeowner's Association, an association of homeowners in the vicinity of the project. In response to a question raised by SDG&E, he submitted the signatures of more than 100 homeowners attesting to their knowledge of the complaint and their willingness to have it go forward.
