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JURXQGFRYHURYHU3* (¶VJDV › ... › adviceletter › GAS_3874-G-A.pdf · PDF file The protest period for the originally filed advice letter expired on August 31, 2017 . One protest

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  • STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor

    PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE

    SAN FRANCISCO, CA 94102-3298

    March 22, 2018

    Advice Letter 3874-G-A

    Erik Jacobson

    Director, Regulatory Relations

    Pacific Gas and Electric Company

    77 Beale Street, Mail Code B10C

    P.O. Box 770000

    San Francisco, CA 94177

    SUBJECT: Supplemental: Encroachment Agreements with Anton Milpitas 730 LLC

    and with Anton Milpitas 750 LLC and Crocker Roseville LP Request for

    Approval under Section 851 and General Order 173.

    Dear Mr. Jacobson:

    Advice Letter 3874-G-A is effective as of March 1, 2018.

    Sincerely,

    Edward Randolph

    Director, Energy Division

  • September 21, 2017

    Advice 3874-G-A (Pacific Gas and Electric Company ID U 39 G) Public Utilities Commission of the State of California

    Subject: Supplemental: Encroachment Agreements with Anton Milpitas 730

    LLC and with Anton Milpitas 750 LLC and Crocker Roseville LP –

    Request for Approval under Section 851 and General Order 173

    Purpose Pursuant to California Public Utilities Commission (Commission or CPUC) General Order (G.O.) 96-B, Section 7.5.1, Pacific Gas and Electric (PG&E) hereby submits this supplement to Advice 3874-G for the approval of two revised Encroachment Agreements (Agreements) to replace the Agreements originally submitted in Advice 3874-G as Attachments 1 and 2. On August 11, 2017 PG&E filed Advice 3874-G requesting approval of two Encroachment Agreements for a project located at 730 and 750 East Capitol Avenue in the City of Milpitas in Santa Clara County (Project). PG&E is the owner of two easements for three gas transmission pipelines, L-100, L-300A and L-300B on the Project Property. The Owners of the properties are Anton Milpitas 730, LLC, Anton Milpitas 750, LLC, and Crocker Roseville LP who intend to construct two separate retaining walls (Improvements) to raise and level the ground to accommodate ADA accessibility. The Owners requested expedited approval to begin construction as soon as possible before the winter storm season begins. PG&E has determined that granting the Agreements will not interfere with PG&E’s ability to provide safe and reliable utility service to its customers. In addition, PG&E believes that granting these Agreements will not be adverse to the public interest, but, instead will serve the public interest because the installation of these retaining walls will help preserve the protective ground cover over PG&E’s gas pipelines from erosion. Further information is contained in Advice 3874-G. On August 31, 2017, The City of Milpitas (City) lodged a protest to Advice 3874-G requesting revision to specific provisions of the “Termination;Restoration” clause (termination clause) found in Section 3 of each proposed Encroachment Agreement. The City expressed concern that the exercise of this termination clause could result in

    Erik Jacobson Director Regulatory Relations

    Pacific Gas and Electric Company 77 Beale St., Mail Code B13U P.O. Box 770000 San Francisco, CA 94177 Fax: 415-973-3582

  • Advice 3874-G-A - 2 - September 21, 2017

    the owner’s inability to properly retain ADA accessibility to and across the owner’s property. On September 6, 2017, PG&E and the City reached an agreement to insert an additional clause to Section 3 of the Agreements. The additional clause reads as follows:

    PG&E acknowledges that the Improvements have been required as a condition of approval of Owner’s development project to ensure ADA accessibility to and across the Property and to ensure the stability of the site. In the event that termination of this Agreement pursuant to this Section 3 renders the Property inaccessible for ADA purposes or would compromise the stability of the site, Owner shall, at its sole cost and expense, relocate the Improvements in a manner that will eliminate any interference with PG&E’s operation and as necessary to ensure ADA accessibility to and across the Property and maintain the stability of the site. Owner shall not relocate any Improvements on any part of the Easement Area except pursuant to plans and specifications approved by PG&E, which consent shall not be unreasonably withheld. Owner and PG&E shall memorialize the agreement to any such relocation of the improvements within the Easement Area in an amendment to this Agreement, which amendment shall be subject to approval by the CPUC.

    The City subsequently withdrew its protest, and, as noted in PG&E’s protest reply submitted on September 8, 2017, PG&E promised to file this supplemental filing to ensure the Commission has a clear record to support its resolution approving the proposed transaction. PG&E supports the proposed amendment to the Agreements. As stated in Advice 3874-G, PG&E has inspected the proposed construction of two retaining walls onto PG&E’s easement and has determined that allowing these Improvements (1) will benefit PG&E because the Improvements will also preserve the protective ground cover over PG&E’s gas pipelines from erosion and (2) will not interfere with utility operations or interfere with the safe and reliable delivery of service to utility customers. In addition to the resolution detailed above, PG&E learned of two additional changes relating to this transaction. The changes do not revise the terms of the proposed encroachment agreement. First, PG&E has learned that there has been a change of ownership of the parcel located at 750 East Capitol Avenue and a lot line adjustment (Attachment 3). The Agreements submitted herein reflect the current ownership and current configuration of each parcel as legally described in Exhibit “A” of each revised Agreement. A copy of the Grant Deeds reflecting the current ownership is attached as Attachments 4 and 5.

  • Advice 3874-G-A - 3 - September 21, 2017

    Second, as a result of the lot line adjustment, the APN numbers for both parcels has changed. One parcel is now APN 086-37-039 located at 730 East Capitol Avenue and is solely owned by Anton Milpitas 730, LLC, a California Limited Liability Company (Milpitas 730). The second parcel is now APN 086-37-040 located at 750 East Capitol Avenue and is solely owned by Anton Milpitas 750, LLC, a Delaware Limited Liability Company (Milpitas 750). PG&E submits this supplemental advice letter with revised Agreements (Attachment 1 and 2) to supersede Attachments 1 and 2 (Encroachment Agreement 730, Encroachment Agreement 750) of Advice 3874-G.

    Protests

    The protest period for the originally filed advice letter expired on August 31, 2017. One protest was received from the City of Milpitas and this supplemental filing responds to this protest. The revisions to this advice letter are not sufficiently material to require an additional protest period or delay the effective date of the advice letter. Therefore, pursuant to CPUC General Order 96-B, Section 7.5.1, PG&E hereby requests the protest period be waived.

    Effective Date PG&E requests that this Tier 3 advice filing, as supplemented herein, becomes effective upon Commission’s approval.

    Notice In accordance with General Order 96-B, Section IV, a copy of this advice letter is being sent electronically and via U.S. mail to parties shown on the attached list. Address changes to the General Order 96-B service list and all electronic approvals should be directed to e-mail [email protected] For changes to any other service list, please contact the Commission’s Process Office at (415) 703-2021 or at [email protected] Advice letter filings can also be accessed electronically at http://www.pge.com/tariffs/. /S/ Erik Jacobson Director, Regulatory Relations

  • Advice 3874-G-A - 4 - September 21, 2017

    Attachments Attachment 1 – Revised Encroachment Agreement 730 Attachment 2 – Revised Encroachment Agreement 750 Attachment 3 – Illustration showing lot line adjustment Attachment 4 – Milpitas 730 Grant Deed Attachment 5 – Milpitas 750 Grant Deed cc: Katherine Wisinski, Best Best & Krieger LLP (via email : [email protected]) Jonathan Reiger, Legal Division (via email: [email protected]) Mary Jo Borak, Energy Division (via email: [email protected]) Robert (Mark) Pocta, Division of Ratepayer Advocates ([email protected]) Andrew Barnsdale, Energy Division, (via email: [email protected]) Rachel Green, Anton Development Company (via e-mail: [email protected]) Sarah Fleming, City of Milpitas (via e-mail: [email protected]) City of Milpitas, City Clerk’s Office, 455 E Calaveras Blvd, Milpitas, CA 95035, (hard copy with attachments)

  • CALIFORNIA PUBLIC UTILITIES COMMISSION ADVICE LETTER FILING SUMMARY

    ENERGY UTILITY

    MUST BE COMPLETED BY UTILITY (Attach additional pages as needed)

    Company name/CPUC Utility No. Pacific Gas and Electric Company (ID U39 G)

    Utility type: Contact Person: Yvonne Yang

     ELC  GAS Phone #: (415) 973-2094

     PLC  HEAT  WATER E-mail: [email protected] and [email protected]

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