ALJ/GEW-MOD-POD/sid DRAFT 6/27/2002

Agenda ID #169

Decision __________

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Pacific Fiber Link, L.L.C. (U-6028-C) for Modification of its Certificate of Public Convenience and Necessity ("CPCN") to Review Proponent's Environmental Assessment for Compliance with the California Environmental Quality Act ("CEQA").

Application 99-08-021 (Filed August 10, 1999)

Stephen P. Bowen and Anita C. Taff-Rice, Attorneys at Law,

for Pacific Fiber Link, applicant.

Stephen G. Puccini, Attorney at Law, for the California

Department of Fish and Game and Catherine A. Johnson

and Carol A. Dumond, Attorneys at Law, for the Consumer Services Division, protestants.

O P I N I O N

1. Summary

We are asked to decide whether penalties should apply to a telecommunications carrier that began trenching and installing a fiber optic project in 1998 before it received the formal approval of this Commission under the California Environmental Quality Act (CEQA), Pub. Resources Code §§ 21000-21176. The utility in July 1999 was ordered by this Commission to stop work until it obtained formal CEQA approval six months later. Because the Commission in 1998 had no procedure in place for conducting a CEQA review for the type of utility involved, and because the utility was led to believe by Commission staff that an administrative CEQA approval was forthcoming, and because the utility itself retained environmental experts to monitor and direct its work, we conclude that, on the facts and circumstances of this case, no further sanctions are warranted. The staff appeal of the Presiding Officer's Decision is denied.