7. Expedited Review Process for Certain Construction Projects

If Applicant believes that any construction project qualifies for an exemption from CEQA, the 21-day review process described below will apply before Applicant may commence construction:

· Applicant shall provide the Commission's Energy Division with:

o A detailed description of the proposed project, including:

· Customer(s) to be served;

· The precise location of the proposed construction project; and

· Regional and local site maps.

o A description of the environmental setting, including at a minimum:

· Cultural, historical, and paleontology resources;

· Biological resources; and

· Current land use and zoning.

o A construction workplan, including:

· Commission Preconstruction Survey Checklist-Archaeological Resources;

· Commission Preconstruction Survey Checklist-Biological Resources;

· A detailed schedule of construction activities, including site restoration activities;

· A description of construction/installation techniques;

· A list of other agencies contacted with respect to siting, land use planning, and environmental resource issues, including contact information; and

· A list of permits required for the proposed project.

o A statement of the CEQA exemption(s) claimed to apply to the proposed project; and

o Documentation supporting the finding of exemption from CEQA.

· The Commission's Energy Division shall then review the submittal and shall notify Applicant of either its approval or its denial of Applicant's claim for exemption from CEQA review within 21 days from the time that Applicant's submittal is complete.

· If the Commission's Energy Division approves Applicant's claimed CEQA exemption(s), the staff shall prepare a Notice to Proceed (NTP) and file a Notice of Exemption with the State Clearinghouse, Office of Planning and Research.

· If the Commission's Energy Division disapproves Applicant's claimed CEQA exemption(s), the staff shall issue to Applicant a letter which states the specific reasons that the claimed CEQA exemption(s) do not apply to the proposed project.

· If the Commission's Energy Division disapproves Applicant's claimed CEQA exemption(s) and Applicant wishes to pursue the project, Applicant shall either re-design the specific project and facilities and then reapply for a finding of exemption from CEQA, or file a formal application with the Commission seeking the requisite approval and full CEQA review, before commencing any full facilities-based construction activities.

· Applicant states that its proposed construction activities would involve construction of reasonably short utility extensions and installation of a limited number of poles. Accordingly, we limit Applicant's future requests for CEQA exemptions for such facilities-based construction projects to no more than five miles. For projects exceeding five miles, Applicant shall file a formal application seeking full CEQA review.

Applicant shall not perform any construction activities other than in or on existing structures without first obtaining an NTP from the Commission's ED or authorization by the Commission after any other required environmental review.

We find that this review process is appropriate for certain projects as described in the application. Should Applicant propose construction related to other types of customers or other service facilities, a different level of CEQA review may be required. In that instance, Applicant is required to file for additional authority from the Commission before commencing construction.

We also note that the Commission is reviewing CEQA issues pertaining to telecommunications providers on a broad policy level in Rulemaking (R.) 06-10-006,⁷ which may result in rules applicable to Applicant different than those adopted today.

⁷ This pending rulemaking, which was first initiated in R.00-02-003, seeks to develop and implement changes to the Commission's application of the CEQA to telecommunications utilities under our jurisdiction. The objective is to develop rules and policies that will (1) ensure that the Commission's practices comply with the current requirements and policies of CEQA, (2) promote the development of an advanced telecommunications infrastructure, particularly with regard to facilities that provide broadband capabilities, and (3) make certain that the application of CEQA in the area of telecommunications does not cause undue harm to competition, particularly intermodal competition.