California Environmental Quality Act (CEQA)
The CEQA requires that the Commission act as the designated lead agency to assess the potential environmental impact of a project in order that adverse effects are avoided, alternatives are investigated, and environmental quality is restored or enhanced to the fullest extent possible.
Applicant is seeking authority to undertake certain construction activities that it believes are exempt from CEQA but subject to the 21-day process for obtaining review and approval of such construction by the Commission Energy Division staff.
According to the amended application, Applicant intends to install facilities, such as fiber cable and related equipment, in existing conduits, buildings and infrastructure. Applicant notes that there may be a need to undertake outside plant construction activities such as trenching for the installation of underground conduit and the installation of new utility poles, equipment shelters, or other above-ground support structures. Applicant describes these activities as "very small in scale, consisting of construction of short conduit extensions or stubs."2 Further, Applicant notes that such construction "would occur in existing roadways or other previously developed and disturbed rights-of-way."3
We have granted other carriers authority to rely upon the 21-day review process to determine if a proposed project is exempt from CEQA. See, e.g., ClearLinx Network Corporation (D.06-04-063), New Path Networks, LLC (D.06-04-030), CA-CLEC LLC (D.06-04-067), Sunesys, Inc. (D.06-06-047), NextG Networks of California, Inc. (D.07-04-045), Broadband Associates International (D.07-08-026), Trillion Partners, Inc. (D.07-11-028), and most recently, Freedom Telecommunications, Inc. (D.09-11-021).
Applicant asserts that the proposed full facilities-based construction projects will most likely fall within various CEQA exemptions.4 The Commission, as Lead Agency, must evaluate the availability of any claimed exemption and direct any additional CEQA review that may be necessary. By this decision, we make the expedited 21-day process for CEQA review available to Applicant.
2 Amendment to Application of Central Valley Telecom, LLC, May 25, 2011, at 2.
3 Ibid.
4 Applicant states "exemptions may include construction projects involving existing facilities (CEQA Guidelines section 15301, replacement or reconstruction (CEQA Guidelines Section 15302, and new construction or conversion of small structures (CEQA Guidelines Section 15303), and construction under other available exemptions." (Amendment to Application of Central Valley Telecom, LLC, May 25, 2011, at 2, footnote 1.)
