II. Background

This is one in a series of applications related to MFNS' California fiber optic construction project. MFNS, now in Chapter 11 bankruptcy proceedings,¹ has in separate applications or petitions for modification sought (and received) approval of a fiber optic network in the San Francisco Bay Area;² sought 82 (and received 80) modifications to that network;³ sought and received permission for additional modifications;⁴ sought approval of the San Diego and Sacramento portions of its fiber optic network; and in this application seeks, via a PG&E application, approval of the PG&E-attached portions of its network. The Commission also has an enforcement action pending against MFNS to determine whether MFNS' commencement of construction of the project approved in D.00-09-039 without CEQA review warrants penalties.

On January 25, 2002, MFNS sent a letter to the Commission informing it that "MFNS does not desire to proceed further with this application at this time," and asked the Commission to "hold in abeyance and defer further processing of" the application.⁵ Since that time, MFNS has not indicated a desire to pursue the Sacramento and San Diego portion of its network. Rather than hold the application in abeyance, it now appears prudent simply to dismiss the application without prejudice and allow MFNS to refile its application at a later time if it changes its plans.