Assignment of Proceeding

Michael R. Peevey is the Assigned Commissioner and Peter V. Allen is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

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.

Conclusions of Law

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.

ORDER

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 May 6, 2004, at San Francisco, California.

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