Comments on Draft Decision
The draft decision in this matter was mailed to the parties in accordance with § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure.
1. Petitioners allege that several recent Commission decisions have created confusion and uncertainty about the application of GO 69-C, but they do not explain what changes should be made to GO 69-C to alleviate the problem alleged.
2. The parties' comments all underscore the fact-intensive nature of any consideration of GO 69-C. Those parties who support a rulemaking seek a degree of predictability that only a fact-specific analysis can yield.
3. Recent Commission decisions apply three general principles that underlie appropriate use of GO 69-C across utility industries: (a) permanent, irrevocable rights in utility property may not be granted under GO 69-C; (b) GO 69-C may not be used, in lieu of § 851, to evade environmental review under the CEQA; and (c) activities that involve construction, and which would trigger CEQA, are not permissible under GO 69-C.
4. Continued review of pending § 851 applications will produce additional, fact-specific guidance regarding the use of leases for irrevocable easements on utility property and conversely, will provide examples of factual situations where GO 69-C is inapplicable.
5. We should extend the six-month timeline for consideration of this Petition for two months, until October 3, 2002, in order to permit public review and comment under § 311(g).
6. We should deny the Petition.
1. The six-month timeline for consideration of this Petition should be extended by two months, until October 3, 2002. The Commission may act on this matter at the first applicable public meeting 30 days from the date the draft decision is mailed for public review and comment, consistent with § 311(g).
2. The Petition should be denied, effective immediately, to provide the Petitioners and other parties with greater certainty in their business dealings.
IT IS ORDERED that:
1. Pursuant to Public Utilities Code § 1708.5(b)(2), the time for consideration of the Petition of Pacific Gas and Electric Company, Southern California Edison Company, and California-American Water Company for a Rulemaking into General Order 69-C (Petition), filed on February 4, 2002, is extended until October 3, 2002.
2. The Petition is denied, effective immediately.
This order is effective today.
Dated , at San Francisco, California.
