III. Procedural History

In Resolution ALJ 176-3028 dated December 2, 1999, the Commission preliminarily categorized this Application as "ratesetting," and preliminarily determined that hearings were not necessary. No party has protested these determinations. Therefore, a public hearing is not necessary and it is not necessary to alter the preliminary determinations made in Resolution ALJ 176-3028.

Notice of the Application was published in the Daily Calendar on November 18, 1999. No protests were filed. ORA filed a response on December 20, 1999, in which it recommended that the transfer be approved, subject to two conditions. First, ORA recommended that PG&E be required to secure an effective release and indemnity from environmental claims. Second, since PG&E might in the future need additional easements from Ministries for access to the PG&E substation and power lines, ORA asked for assurance that PG&E's shareholders - and not ratepayers - would bear the easement costs.