Environmental Review

Under the California Environmental Quality Act (CEQA), the Commission must consider the environmental consequences of projects, as defined, that are subject to its discretionary approval. (Public Resources Code § 21080.) While transfers of utility assets are generally projects subject to CEQA review by the Commission, the facts of this case indicate that this transfer, while a project, is not subject to CEQA. Based upon the record, this transaction does not have the potential for causing a significant effect on the environment; and accordingly, the Commission need not perform further CEQA review. (CEQA Guideline 15061(b)(3).)

Thus, any approval granted herein under § 854 for the transfer of control of FCI to Gores AC does not authorize Applicants to construct facilities. In addition, Applicants must follow all applicable environmental regulations should they wish to construct any facilities.