V. Comments on Draft Decision
The draft decision of the ALJ in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ____________________, and reply comments were filed on ________________.
1. PG&E is an electric utility subject to the jurisdiction of the Commission.
2. PG&E has agreed to sell the Property to Ministries.
3. The Release and Indemnity Agreement accompanying PG&E's application does not expressly indemnify PG&E for its own active and passive negligence, the maximum protection from environmental liability allowed by law.
1. Transfer of the Property is subject to Public Utilities Code Section 851.
2. Pursuant to Section 15061(b)(3) of the CEQA Guidelines, our approval of this application is exempt from CEQA review for the reasons set forth in the body of this decision.
3. Transfer of the Property is approved provided that at close of escrow Ministries executes a Release and Indemnity Agreement that protects PG&E from environmental liabilities to the fullest extent allowed by law. PG&E shall make an advice letter filing no later than 90 days after the effective date of this decision attaching the revised Release and Indemnity Agreement. If the indemnity provision does not indemnify PG&E for liability arising from PG&E's own active or passive negligence, the approval granted in this decision shall have no force or effect.
4. If PG&E requires easements or other rights of access to the substation surrounded by and the power lines crossing the Property, the cost of those easements or other rights of access should be borne by PG&E's shareholders, and not by ratepayers.
5. Following transfer of the Property, PG&E should credit the after-tax proceeds of the sale of approximately $88,600 to the CTC Revenue Section of the TCBA.
IT IS ORDERED that:
1. Pacific Gas and Electric Company (PG&E) may transfer to Northern District Pentecostal Ministries the Property described in the application, subject to the terms and conditions described herein, provided the closing date of the sale is extended to a date on or beyond the effective date of this decision.
2. PG&E shall make an advice letter filing no later than 90 days after the effective date of this decision attaching the revised Release and Indemnity Agreement. If the indemnity provision does not indemnify PG&E for liability arising from PG&E's own active or passive negligence, the approval granted in this decision shall have no force or effect.
3. If PG&E requires easements or other rights of access to the substation surrounded by and the power lines crossing the Property, the cost of those easements or other rights of access shall be borne by PG&E's shareholders, and not by ratepayers.
4. Following transfer of the Property, PG&E shall credit the after-tax sale proceeds of approximately $88,600 to the Competition Transition Charge Revenue Account.
5. The authority granted hereby expires if not exercised within one year of the date of this order.
6. The issues presented in Application (A.) 99-11-019 are resolved.
7. A.99-11-019 is closed.
This order is effective today.
Dated , at San Francisco, California.
