2. Background

Applicant filed this application in August 1999 seeking authorizations by the Commission in connection with applicant's proposal to construct, own and operate a common carrier jet fuel pipeline. The pipeline project would connect the existing SFPP North Line in West Sacramento to a new fuel tank storage facility that would be constructed, owned and operated by a consortium of airline companies operating at Sacramento International Airport. SFPP North Line is owned by Santa Fe Pacific Pipeline Partners, L.P., an indirect subsidiary of Kinder Morgan Energy Partners, L.P., which is under Commission jurisdiction.

In its application, applicant asked that the Commission first issue a decision and interim order determining that Wickland is a public utility pipeline corporation subject to the Commission's jurisdiction. An interim opinion confirming Wickland's status as a public utility pipeline corporation was issued in Decision (D.) 99-12-038 in December 1999.

Applicant stated that, following environmental review, it would file an amendment to its application seeking Commission approval for Wickland:

· To require additional membership capital contributions to fund project pre-development costs, and

· To provide fuel pipeline services under market-based rates, established through arm's-length negotiations between Wickland and shippers, according to a tariff styled like those acceptable to the Federal Energy Regulatory Commission (FERC).

Applicant filed its amendment to the application on May 20, 2002. In it, applicant also seeks Commission approval of a proposed financing structure to acquire real property interests and to construct the proposed pipeline at such time as applicant has obtained other regulatory approvals necessary for this project.

No protests to the application or to the recent amendment have been filed, and this matter is uncontested.