DOCKET UE-970418 Page 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Application for ) DOCKET UE-970418 Transfer of Property between PUGET ) SOUND ENERGY and the ) ORDER GRANTING ANDERSONS and SCHODDES ) APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) On February 28, 1997, Puget Sound Energy (PSE or the Company) filed an application with the Commission under the provisions of RCW 80.12.020, WAC 480-100-036, and WAC 480-143-010 for authorization to transfer a small amount of real property. This property is associated with the Company’s White River Hydroelectric Project. According to the Company the land involved was originally booked under Account 330, “Land and Land Rights” and does not involve transmission. The purpose of the filing is to resolve a boundary dispute and carry out the transactions contemplated by the attached Settlement Agreement dated as of December 30, 1996 between PSE and Vernon L. Anderson, Eleanor Anderson, Monte Anderson and Walter D. Schodde and Roma A. Schodde (the Andersons and Schoddes). The boundary dispute arose because adjacent parcels of property were conveyed by instruments that described the common boundary line differently. The common boundary line between the Schodde Property and the PSE Property is described differently in the 1909 PSE acquisition and in the 1972 Schodde real estate contract. The source of the discrepancy between the 1909 PSE acquisition and the 1972 Schodde real estate contract to the Andersons appears to be that the Schoddes’ surveyor was unable to locate a 60" fir tree (or its stump), the location of which was a monument for the legal description for the PSE Property. The Company filed a quiet title action against the Schoddes and Andersons in Pierce County Superior Court, under Cause No. 93-2-10454-1. After discovery and settlement negotiations, the parties to that action jointly commissioned a new survey (the “Joint Survey”). The Joint Survey depicts an agreed-upon new boundary between the Schodde Property and the PSE Property. The new boundary is a compromise between the boundary line described in the 1909 Company acquisition and the boundary line described in the 1972 Schodde (Seller) real estate contract to Anderson (Buyer). According to the Company, the boundary line settlement described in this filing will not adversely impact the Company’s utility operations. The Company may remove from the PSE property certain improvements constructed by the Andersons and/or Schoddes. No physical change in or to the Company’s existing facilities or operations is contemplated or necessary if the proposed boundary line settlement is approved. After regulatory authorities and the Pierce County Superior Court approve the Settlement Agreement, the parties will memorialize the agreed-upon new boundary line by executing mutual quitclaim deeds. F I N D I N G S THE COMMISSION FINDS: 1. PSE is a energy company and, as such is subject to the jurisdiction of the Commission. 2. The proposed property transfer is not contrary to the public interest and should therefore be approved. O R D E R WHEREFORE, THE COMMISSION HEREBY ORDERS: 1. Applicant Puget Sound Energy is authorized pursuant to RCW 80.12.020, WAC 480-100-036, and WAC 480-143-010 to transfer to Vernon L. Anderson, Eleanor Anderson, Monte Anderson and Walter D. Schodde and Roma A. Schodde certain property pursuant to the attached Settlement Agreement. 2. This order shall in no way affect the authority of this Commission over rates, service, accounts, valuations, estimates or determination of costs, or any matter whatsoever that may come before it, nor shall anything be construed as an acquiescence in any estimate or determination of costs, or any valuation of property claimed or asserted. Nothing herein shall be construed to waive or otherwise impair the jurisdiction of the Commission over the rates, services, accounts and practices of the Applicant, Puget Sound Energy. Dated at Olympia, Washington and effective this thday of April, 1997. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STEVE McLELLAN, Secretary