STATE OF CALIFORNIA GAVIN NEWSOM, Governor PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE September 10, 2019 Advice Letter 5619-E 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: Lake Almanor - Maidu Forest Land Donation - Request for Approval Under Decision (D.) 03-12-035, D.08-11-043, D.10-08-004, and Public Utilities Code Section 851 Dear Mr. Jacobson: Advice Letter 5619-E is effective as of September 9, 2019. Sincerely, Edward Randolph Deputy Executive Director for Energy and Climate Policy/ Director, Energy Division Erik Jacobson Pacific Gas and Electric Company Director 77 Beale St., Mail Code B13U Regulatory Relations P.O. Box 770000 San Francisco, CA 94177 Fax: 415-973-3582 August 16, 2019 Advice 5619-E (Pacific Gas and Electric Company ID U 39 E) Public Utilities Commission of the State of California Subject: Lake Almanor – Maidu Forest Land Donation - Request for Approval under Decision (D.) 03-12-035, D.08-11-043, D.10-08-004, and Public Utilities Code Section 851 Purpose Pursuant to the streamlined procedures adopted by the California Public Utilities Commission (“Commission” or “CPUC”) in Decision (D.) 08-11-043 (as modified by D.10- 08-004), Pacific Gas and Electric Company (“PG&E”) requests a disposition letter approving PG&E’s donation of fee simple title to approximately 164 acres of land in Plumas County, commonly known as Lake Almanor – Maidu Forest (“Property”) to the Maidu Summit Consortium (“MSC”). This donation is being made in the public interest and will protect and preserve the Beneficial Public Values (“BPVs”) on the Property, including the habitat of fish, wildlife and plants, forest resources on the Property, agricultural uses, the scenic viewshed of the Property, outdoor recreation, and identified historic and cultural values by restricting any use of the Property that would significantly impair or interfere with the protection of these values. This donation is in accordance with the terms and conditions specified in the Settlement Agreement and Stipulation that were approved by the Commission in D.03-12-035 (“Stipulation”). Background Pursuant to the Stipulation, the Pacific Forest and Watershed Lands Stewardship Council (“Stewardship Council”) was established in 2004 to develop a plan to permanently protect, for the benefit of the citizens of California, more than 140,000 acres of watershed lands (“Watershed Lands”) owned by PG&E. This effort is known as PG&E’s Land Conservation Commitment (LCC). PG&E is fulfilling its commitment through fee donation of certain Watershed Lands and/or the conveyance of conservation easements, (or satisfactory assurance in another form) that each parcel will be managed consistent with the purpose of the Land Conservation Commitment. PG&E will not make fee simple donations of lands that contain hydroelectric project features, hydroelectric projects licensed by the Federal Energy Regulatory Commission (“FERC”), or properties whose ownership is otherwise required for utility operations. The Stipulation also includes provisions to Advice 5619-E - 2 - August 16, 2019 ensure the rights necessary to operate and maintain current and future hydroelectric and associated water delivery facilities are reserved, and the existing agreements for economic uses will be honored. A detailed description of this proposed donation, which addresses the requirements set forth in Section 12(a) of the Stipulation, is provided in the attached Land Conservation and Conveyance Plan (Attachment A) prepared by the Stewardship Council and approved by their Board of Directors. Land Conservation and Conveyance Plans will be issued serially for all Watershed Lands and together will comprise the Land Conservation Plan Volume III. Transaction Specific Considerations To ensure all agreements are fully enforceable and achieve the requirements of the Stipulation, MSC is accepting the donation pursuant to certain restrictions on transfer of Property and agreeing to execute and record a power of termination (“Power of Termination”) in favor of PG&E. In the Power of Termination Agreement, MSC agrees to not convey, grant rights to or in, or otherwise transfer the Property without the prior written consent of PG&E. MSC also agrees not to use the Property as Security for any debt nor shall it encumber the Property with any liens or other financial encumbrances without the prior written approval of PG&E. The Power of Termination Agreement outlines the steps to be taken by PG&E if it believes MSC has violated or taken steps to violate any of the restrictions on the transfer or encumbrance of the Property or if MSC is dissolved before the transfer of title. For the complete text of the Power of Termination Agreement see Attachment B. Property Specific Considerations In accordance with the streamlined procedure adopted by the Commission in D.08-11- 043 (as modified by D.10-08-004), PG&E provides the following information as required by Ordering Paragraph 2: (1) Identity of the Conservation Property The Property, identified as Parcel 377 (totaling approximately 164 acres of land) on the map included in Attachment A, page 4, is in Plumas County. The Property is approximately 8 miles south of the Town of Chester and about 55 miles east of Red Bluff. The Property is surrounded by privately-owned timber lands and National forest System Lands managed by Lassen National Forest. Advice 5619-E - 3 - August 16, 2019 (2) Type of Property Interest Disposition Per the Stewardship Council recommendation, PG&E will convey fee simple title to the MSC. MSC will then immediately convey a conservation easement (Attachment C) to the Feather River Land Trust (“FRLT”), which will permanently protect the BPVs on the Property. The Property will be transferred subject to a Grant Deed restriction regarding water use. For the complete text of the Grant Deed, see Attachment D. The State Board of Equalization estimates the value of the Property is $451,984 (Attachment E). A. Property Encumbrances and Uses There is a recorded encumbrance on the Property for a road. There are no unrecorded encumbrances and no existing agreements for economic uses on the Property. B. Public Access The Property is accessible via Highway 89 and Prattville-Butt Reservoir Road. Public access to the Property will not be changed as a result of the donation of the Property. For the complete text regarding Public Access please see Attachment C, page 7, section 7. C. Building Envelope The conservation easement between MSC and FRLT includes reserved rights in favor of MSC allowing for a Building Envelope of approximately 15 acres. Within the Building Envelope, MSC can construct, operate and maintain a Maidu Cultural Center, an amphitheater and a caretaker residence. For the complete text of the Building Envelope provision see Attachment C, Exhibit D, Section 4. For the approximate location of the Building Envelope see Attachment C, Exhibit E. D. PG&E’s Assumption of Liability Section 12(f) of the Stipulation requires that PG&E hold the donee and/or conservation organizations harmless for hazardous waste or substance liability. Fulfillment of that obligation is reflected in the Environmental Agreements, attached hereto as Attachment F and G. PG&E conducted an environmental review as part of its diligence in preparation for donation of the Property. The environmental review included an Environmental Site Assessment (ESA). The ESA assessed the past and present uses, ownership, and environmental conditions in order to identify potential issues that Advice 5619-E - 4 - August 16, 2019 present known or possible environmental areas of concern. The ESA included, but was not limited to, a site reconnaissance, interviews, historical and regulatory document review, and limited sampling. No potential environmental issues were identified on the Property. (3) Legal Name and Location of Receiving Parties Maidu Summit Consortium P.O. Box 682 Chester, CA 96020 Attn: Executive Director Feather River Land Trust P.O. Box 1826 75 Court Street Quincy, CA 95971 Attn: Executive Director (4) Proposed Uses and Conservation Management Objectives: As set forth in the Stipulation, the cornerstone of the Land Conservation Commitment is its requirement that the Watershed Lands be preserved and enhanced for the following broad range of BPVs, which are as follows: • Protection of the Natural Habitat of Fish, Wildlife, and Plants • Preservation of Open Space • Outdoor Recreation by the General Public • Sustainable Forestry • Agricultural Uses • Historic Values The conservation easement for the Property ensures permanent protection of those BPVs listed in the Stipulation that are present on the Property. Attachment C, Exhibit C provides that the following BPVs are protected on the Property: A. Protection of the Natural Habitat of Fish, Wildlife, and Plants The Property is located within the Lake Almanor Basin, which the California Audubon Society has designated as an Important Bird Area due to its habitat for nesting and wintering waterfowl, and the presence of special status species such as willow flycatcher (Empidonax traillii), greater sandhill crane (Grus canadensis tabida), olive-sided flycatcher (Contopus cooperi), yellow warbler (Setophaga petechia), northern goshawk (Accipiter gentilis), bald eagle (Haliaeetus leucocephalus), and osprey (Pandion haliaetus). Advice 5619-E - 5 - August 16, 2019 The Property contains California Wildlife Habitat Relationship (CWHR) terrestrial habitat types as set out below, as defined in “A Guide to Wildlife Habitats of California,” prepared for the California Department of Fish and Game, by Kenneth E. Mayer and William F. Laudenslayer, Jr., Editors (1988). The Property is dominated by diverse, mid- and late-successional Sierran Mixed Conifer forest habitat, co-dominated by sugar pine (Pinus lambertiana) and white fir (Abies concolor), and also including Douglas fir (Pseudotsuga menziesii), Ponderosa pine (Pinus ponderosa), incense cedar (Calocedrus decurrens), and Jeffrey pine (Pinus jeffreyi). Many trees on the property are >30” diameter at breast height (dbh), with a few sugar and Ponderosa pines >50” dbh.