ORDER NO. 99-332
ENTERED MAY 12 1999
This is an electronic copy. Appendices and footnotes may not appear.
BEFORE THE PUBLIC UTILITY COMMISSION
OF OREGON
UP 160
| In the Matter of the Application of Portland General Electric Company for Approval of the Sale of the Nofziger Easement to Shawn Nili, Inc. | ) ) ORDER |
DISPOSITION: APPLICATION APPROVED WITH CONDITIONS
On April 9, 1999, the Commission received an application from Portland General Electric Company (Company), filed pursuant to ORS 757.480 and OAR 860-027-0025, requesting approval to sell certain of its utility property alleged to be no longer necessary or useful for providing utility services to the public. The property consists of a 40-foot easement situated between Cornell Road and the Sunset Highway in Washington County.
Based on a review of the application and the Commission’s records, the Commission finds that the application satisfies applicable statutes and administrative rules. At its Public Meeting on May 4, 1999, the Commission adopted the Staff’s recommendation to approve the sale as proposed. Staff’s recommendation is attached as Appendix A and is incorporated by reference.
OPINION
Jurisdiction
ORS 757.005 defines a public utility as anyone providing heat, light, water, or power service to the public in Oregon. The Company is a public utility subject to the Commission’s jurisdiction.
Applicable Law
ORS 757.480 provides that a public utility doing business in Oregon shall first obtain Commission approval for any transaction to sell, lease, assign or otherwise dispose of property of such public utility necessary or useful in the performance of its duties to the public or any part thereof of a value in excess of $10,000.
OAR 860-027-0025 specifies the information a public utility must submit when it makes application to sell or lease its property. This application contains the necessary information.
The proposed sale involves property which has a value in excess of $10,000 and is no longer useful for providing utility services to the public. Commission approval of the accounting treatment for this transaction does not constitute approval for ratemaking purposes. There is no indication that the proposed sale will impair the Company’s ability to provide public utility service in Oregon.
CONCLUSIONS
The Company is a public utility subject to the jurisdiction of the Public Utility Commission of Oregon.
The Company’s proposed transaction meets the requirements of ORS 757.480.
The application should be granted.
ORDER
IT IS ORDERED that the application of Portland General Electric Company for authority to sell certain utility property alleged to be no longer necessary or useful for providing utility services to the public in Oregon is granted, subject to conditions, if any, stated in Appendix A.
Made, entered, and effective .
| BY THE COMMISSION: ______________________________ Vikie Bailey-Goggins Commission Secretary |
A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A party may appeal this order pursuant to ORS 756.580.
APPENDIX A
ITEM NO. CA 2
PUBLIC UTILITY COMMISSION OF OREGON
STAFF REPORT
PUBLIC MEETING DATE: May 4, 1999
REGULAR AGENDA CONSENT AGENDA X EFFECTIVE DATE______
DATE: April 15, 1999
TO: Bill Warren through Lee Sparling and Ed Busch
FROM: Ed Krantz
SUBJECT: UP 160, Portland General Electric Company Application for Approval of the Sale of the Nofziger Easement to Shawn Nili, Inc.
SUMMARY RECOMMENDATION:
Approve sale as proposed.
DISCUSSION:
Portland General Electric Company (PGE or Company) filed this application under ORS 757.480 and OAR 860-27-025 asking for approval by the Public Utility Commission (Commission) of the sale of certain PGE utility property alleged to be no longer necessary or useful for providing utility services to the public.
The property, owned by PGE since 1963, consists of a 40-foot easement (Nofziger Easement) situated between Cornell Road and the Sunset Highway in Washington County.
PGE is seeking Commission approval of the sale of the easement to Shawn Nili, Inc. All of the property proposed for sale has been treated as utility property since 1963.
The property is being sold to the Shawn Nili, Inc. for $20,200, the value determined by an independent MAI appraisal.
There is no indication that the proposed sale will impair PGE’s ability to provide public utility service in Oregon.
PGE proposes to record the $16,701 gain in FERC Account 411.6, Gains from Disposition of Utility Plant, an "above-the-line" account.
STAFF RECOMMENDATION:
Staff recommends the application be approved subject to the following conditions:
1. PGE shall file, as soon as available, final executed or conformed copies of all documents related to this transaction.
2. PGE shall file, as soon as available, copies of the journal entries recording the transaction.
The order should note that approval of the accounting treatment does not constitute approval for ratemaking purposes.