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]
