Assignment of Proceeding
Michael R. Peevey is the Assigned Commissioner and Peter V. Allen is the assigned Administrative Law Judge in this proceeding.
1. This Commission (in D.01-04-004 and D.01-10-002) previously determined that the sale of PG&E's Kern Facility was barred by § 377.
2. Executive Order D-44-01 provided a conditional exemption from § 377 for the Kern Facility.
3. Executive Order D-44-01 expired on November 13, 2003.
4. The legislation known as ABX2 19 was never enacted.
1. Commission decisions D.03-06-028, D.03-06-029, and D.03-07-031 do not alter the applicability of § 377 to the Kern Facility as previously determined by the Commission in D.01-04-004 and D.01-10-002.
2. Expired Executive Order D-44-01 and ABX2 19 do not create an implied exemption for the Kern Facility from § 377.
3. The sale of the Kern Facility is barred by § 377.
IT IS ORDERED that:
1. Because the sale of the Kern Facility is barred by law, the application of Pacific Gas & Electric Company to sell the Kern Facility is denied.
2. This proceeding is closed.
This order is effective today.
Dated _____________________, at San Francisco, California.
