6. Conclusion
After weighing and balancing the above factors, we determine that the status quo should be maintained pending the outcome of this proceeding or until further order of the undersigned or the Commission. We therefore restrain SDG&E from commencing or continuing any construction work on any part of the project it described in AL 1520-E, as explained and expanded in this proceeding, and including the Scripps Lake Underground Conversion Surcharge Project, until this proceeding is concluded, or until further order of the undersigned or of the Commission.
We intend to proceed with this case expeditiously. We will place consideration of this ruling on the agenda of the Commission's next meeting.
Findings of Fact
1. The project described in AL 1520-E to build new TL 6942 and reconductor existing TL 669 is significantly different from the project to build new TL 6942 and reconductor existing TL 669 that SDG&E has described in this proceeding.
2. The project SDG&E is building runs through Area D of the former Camp Elliott, which is the subject of an investigation for unexploded ordnance (UXO) under the federal Formerly Used Defense Sites program.
3. The possibility that UXO will be found in the area of the project renders the circumstances in which SDG&E is building the project unusual.
4. The project SDG&E is building is located in an area that was subject to the Cedar fire of late October and early November 2003.
5. The effects of the Cedar fire in the area of the project render the circumstances in which SDG&E is building the project unusual.
6. There is a reasonable possibility that the project SDG&E is building may impact habitat of the Gnatcatcher.
7. SDG&E's Scripps Lake underground project is coextensive with the majority of the underground portion of new TL 6942.
8. SDG&E is continuing work on the Scripps Lake underground project while this proceeding is pending.
9. Little has sufficiently shown irreparable injury if this ruling does not issue.
10. There will be no substantial harm to other interested parties as a result of this ruling.
11. This ruling will not harm the public interest.
Conclusions of Law
1. Little is likely to prevail on the merits of his claim that SDG&E improperly claimed an exemption under GO 131-D Section III.B.1(e) from the PTC requirements of GO 131-D.
2. Little is likely to prevail on the merits of his claim that the project SDG&E is building is not entitled to exemption from the PTC requirements due to unusual circumstances.
3. Little is likely to prevail on the merits of his claim that the project SDG&E is building is not entitled to exemption from the PTC requirements because the project may impact Gnatcatcher habitat.
4. Little has sufficiently shown irreparable injury if this ruling does not issue.
5. There will be no substantial harm to other interested parties as a result of this ruling.
6. This ruling will not harm the public interest.
IT IS RULED that:
1. San Diego Gas and Electric Company (SDG&E) shall maintain the status quo during the pendency of this proceeding, or until further order of the undersigned Assigned Commissioner and Administrative Law Judge or the Commission.
2. Effective immediately, SDG&E is restrained from performing any work, or having any work performed, on the project it is building, described in Advice Letter 1520-E and explained and expanded in the record of this proceeding, until this proceeding is concluded, or until further order of the undersigned or the Commission.
3. Effective immediately, SDG&E is restrained from performing any work, or having any work performed, on the project it is building known as the Scripps Lake Conversion Surcharge Undergrounding Project until this proceeding is concluded, or until further order of the undersigned or the Commission.
Dated October 15, 2004, at San Francisco, California.
/s/ GEOFFREY F. BROWN
/s/ ANNE E. SIMON
Geoffrey F. Brown
Assigned Commissioner
Anne E. Simon
Administrative Law Judge
CERTIFICATE OF SERVICE
I certify that I have by mail, and by electronic mail to the parties who have provided an electronic mail address, this day served a true copy of the original attached Ruling of Assigned Commissioner and Administrative Law Judge Issuing Temporary Restraining Order on all parties of record in this proceeding or their attorneys of record.
Dated October 15, 2004, at San Francisco, California.
/s/ ELIZABETH LEWIS
Elizabeth Lewis
NOTICE
Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.
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