Discussion

As noted above, the application has been filed pursuant to Pub. Util. Code § 854, which requires authorization by the Commission before a company may "merge, acquire, or control . . . any public utility organized and doing business in this state." The purpose of § 854 and related statutes is to enable the Commission, before any transfer of public utility authority is consummated, to review the situation and to take such action (as a condition of approving the transfer) as the public interest may require. See D.05-12-007 at 6; San Jose Water Co., 10 CRC 56 (1916).

We have concluded that this application should be granted because it meets the public interest standard in § 854. Even in situations where applications to transfer control have been protested and approved only after the imposition of conditions, we have noted the public interest in ensuring that utilities subject to our jurisdiction have adequate access to the capital they need for expansion or continued operation. See, e.g., D.03-02-071 at 15 (approving transfer of 50% interest in gas storage company where new investor was well-capitalized and could help prevent a default); D.08-01-018 at 25 (approving settlement conditions on transfer of 100% interest in gas storage company where doing so would provide the company with long-term financial stability and capital for expansion). In this case, the application is unprotested, and granting authority for the indirect transfer of control that the joint applicants are seeking will help to ensure that NextG and its affiliates have the capital they need to offer expanded DAS networks.

It is also clear that this transaction is exempt from CEQA review pursuant to § 15061(b)(3) of the CEQA Guidelines. Although in some cases a change of ownership or control can alter an approved project, result in a new project, or change facility operations in ways having an environmental impact, that is not the case here. As the joint application states, the indirect change of control proposed here "will not result in any change in the management or operation of NextG's facilities or in any additional construction in California." (Id. at 9.)⁶

⁶ It is also appropriate to point out that in D.07-04-045, the decision granting NextG authority to operate as a full facilities-based provider of local exchange services, the Commission granted NextG authority to construct the facilities addressed in that decision only after compliance with detailed requirements concerning CEQA or any claimed exemption therefrom. See D.07-04-045 at 15-17 (Ordering Paragraphs 2-6).