Findings of Fact

1. On March 12, 2002, the Board of Supervisors of Riverside County passed a resolution finding "that due to the Epidemic Infestation of bark beetles problems causing a condition of extreme peril to life and property necessitates the declaration of the existence of an emergency."

2. On April 23, 2002, the Board of Supervisors of San Bernardino County adopted a resolution that proclaimed the existence of a local emergency on both public and private lands located in the San Bernardino National Forest and requested the Governor to proclaim a State of Emergency due to the bark beetle infestation.

3. On March 7, 2003, the Governor issued a Proclamation declaring a State of Emergency in the impacted areas of Riverside, San Bernardino, and San Diego counties. The Emergency Proclamation requested the Commission to "direct utility companies with transmission lines in Riverside, San Bernardino, and San Diego counties to ensure that all dead, dying and diseased trees and vegetation are completely cleared from their utility right-of-ways to mitigate the potential fire danger."

4. In response to the Emergency Proclamation the Commission issued Res. E-3824 dated April 3, 2003, which ordered SCE to activate its CEMA to record the costs of tree removal and incremental support costs. SCE notified the Commission that it activated its bark beetle CEMA as directed effective April 3, 2003.

5. On August 8, 2003, SCE filed AL 1730-E which requested Commission authorization to begin providing property owners reimbursement for necessary tree removals that occurred after April 3, 2003. AL 1730-E was approved.

6. Complainant, who lives in Lake Arrowhead, San Bernardino County, requests the Commission to change the start date for tree removal reimbursement from April 3, 2003 to a date in the summer of 2002 to include those parties who removed trees quickly because of the urgency of the situation. His trees were removed December 11, 2002 at a cost of $4,450. He filed a claim for reimbursement with SCE, but was rejected because the costs were incurred prior to April 3, 2003.

7. Persons in complainant's position should receive reimbursement for tree removal in response to the Emergency Proclamations issued by the Boards of Supervisors of San Bernardino, Riverside, and San Diego counties in 2002. Persons who promptly responded to the Proclamations should not be barred from recovery because they were prompt, while persons who delayed their response until April 2003 are compensated.

8. March 12, 2002 should be the date for commencement of the period for reimbursement from SCE for tree removals that meet the standards of SCE's bark beetle CEMA.