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 PGETariffs@pge.com. For changes to any other service list, please contact the Commission’s Process Office at (415) 703-2021 or at Process_Office@cpuc.ca.gov. 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 : katy.wisinski@bbklaw.com) Jonathan Reiger, Legal Division (via email: jzr@cpuc.ca.gov) Mary Jo Borak, Energy Division (via email: bor@cpuc.ca.gov) Robert (Mark) Pocta, Division of Ratepayer Advocates (robert.pocta@cpuc.ca.gov) Andrew Barnsdale, Energy Division, (via email: bca@cpuc.ca.gov) Rachel Green, Anton Development Company (via e-mail: rgreen@antondev.com) Sarah Fleming, City of Milpitas (via e-mail: sfleming@ci.milpitas.ca.gov) 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: Qxy1@pge.com and PGETariffs@pge.com

EXPLANATION OF UTILITY TYPE

ELC = Electric GAS = Gas

PLC = Pipeline HEAT = Heat WATER = Water

(Date Filed/ Received Stamp by CPUC)

Advice Letter (AL) #: 3874-G-A Tier: 3

Subject of AL: 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

Keywords (choose from CPUC listing): Compliance, Agreements

AL filing type: Monthly Quarterly Annual One-Time Other _____________________________

If AL filed in compliance with a Commission order, indicate relevant Decision/Resolution #: ______________

Does AL replace a withdrawn or rejected AL? If so, identify the prior AL: No

Summarize differences between the AL and the prior withdrawn or rejected AL: ____________________

Is AL requesting confidential treatment? If so, what information is the utility seeking confidential treatment for: No

Confidential information will be made available to those who have executed a nondisclosure agreement: N/A

Name(s) and contact information of the person(s) who will provide the nondisclosure agreement and access to the confidential

information: __________________________________________________________________________________________________

Resolution Required? Yes No

Requested effective date: Upon Commission Approval N No. of tariff sheets: N/A

Estimated system annual revenue effect (%): N/A

Estimated system average rate effect (%): N/A

When rates are affected by AL, include attachment in AL showing average rate effects on customer classes (residential, small commercial,

large C/I, agricultural, lighting).

Tariff schedules affected: N/A

Service affected and changes proposed: N/A

Pending advice letters that revise the same tariff sheets: N/A

Pursuant to G.O. 96-B, Section 7.5.1, PG&E hereby requests the protest period be waived.

California Public Utilities Commission Pacific Gas and Electric Company

Energy Division

EDTariffUnit

505 Van Ness Ave., 4th

Flr.

San Francisco, CA 94102

E-mail: EDTariffUnit@cpuc.ca.gov

Attn: Erik Jacobson

Director, Regulatory Relations

c/o Megan Lawson

77 Beale Street, Mail Code B13U

P.O. Box 770000

San Francisco, CA 94177

E-mail: PGETariffs@pge.com

Advice 3874-G-A September 21, 2017

Attachment 1

Revised Encroachment Agreement 730

Advice 3874-G-A September 21, 2017

Attachment 2

Revised Encroachment Agreement 750

Advice 3874-G-A September 21, 2017

Attachment 3

Illustration showing lot line adjustment

Advice 3874-G-A September 21, 2017

Attachment 4

Milpitas 730 Grant Deed

Advice 3874-G-A September 21, 2017

Attachment 5

Milpitas 750 Grant Deed

PG&E Gas and Electric Advice Filing List General Order 96-B, Section IV

AT&T OnGrid Solar Albion Power Company Pacific Gas and Electric Company Alcantar & Kahl LLP Praxair Anderson & Poole Regulatory & Cogeneration Service, Inc. Atlas ReFuel

Don Pickett & Associates, Inc. Douglass & Liddell Downey & Brand Ellison Schneider & Harris LLPEnergy Management ServicesEvaluation + Strategy for Social Innovation

SCD Energy Solutions

BART SCE Barkovich & Yap, Inc.

G. A. Krause & Assoc. GenOn Energy Inc.

SDG&E and SoCalGas

Braun Blaising McLaughlin & Smith, P.C. SPURR Braun Blaising McLaughlin, P.C.

Goodin, MacBride, Squeri, Schlotz &

Ritchie

San Francisco Water Power and Sewer

CENERGY POWER Seattle City Light CPUC Sempra Energy (Socal Gas) CalCom Solar

Green Charge Networks Green Power Institute Hanna & Morton

Sempra Utilities SoCalGas Southern California Edison Company

California Cotton Ginners & Growers Assn California Energy Commission California Public Utilities Commission

ICFInternational Power Technology Intestate Gas Services, Inc.

Southern California Gas Company (SoCalGas)

California State Association of Counties

Kelly Group

Spark Energy Calpine

Ken Bohn Consulting

Sun Light & Power Casner, Steve

Leviton Manufacturing Co., Inc.

Sunshine Design Center for Biological Diversity

Linde

Tecogen, Inc. City of Palo Alto

Los Angeles County Integrated Waste Management Task Force

TerraVerde Renewable Partners

City of San Jose

Los Angeles Dept of Water & Power

TerraVerde Renewable Partners, LLC Clean Power

MRW & Associates

Tiger Natural Gas, Inc. Clean Power Research

Manatt Phelps Phillips

TransCanada Coast Economic Consulting

Marin Energy Authority

Troutman Sanders LLP Commercial Energy

McKenna Long & Aldridge LLP

Utility Cost Management Cool Earth Solar, Inc.

McKenzie & Associates

Utility Power Solutions County of Tehama - Department of Public Works Modesto Irrigation District

Utility Specialists

Crossborder Energy Morgan Stanley

Verizon Crown Road Energy, LLC

NLine Energy, Inc. Water and Energy Consulting

Davis Wright Tremaine LLP NRG Solar

Wellhead Electric Company Day Carter Murphy

Nexant, Inc. Western Manufactured Housing Communities Association (WMA)

Defense Energy Support Center ORA YEP Energy Dept of General Services Office of Ratepayer Advocates Yelp Energy Division of Ratepayer Advocates Office of Ratepayer Advocates, Electricity

Planning and Policy B