10. Proceeding to Remain Open for Amendments
Though we deny the application for the proposed crossings at Farmdale, we cannot authorize the construction of any of the alternative design options. The analysis provided by Expo Authority of the of the various design options for Farmdale was an integral and helpful part of our review; and, we also recognize that Expo Authority cooperated fully with all of the directives of the assigned Commissioner and ALJ by providing all requested information, analyses, and reports related to the design options. However, these analyses and reports do not include all of the necessary information required by our rules for application of a rail crossing at Farmdale.
In order to expedite the processing of any future requests for crossings at Farmdale, this proceeding will remain open to allow Expo Authority to file any amendments or a new application for that purpose.
10.1. Future CEQA Review
The provisions of CEQA apply to discretionary projects to be carried out or approved by public agencies. The Commission must consider the environmental consequences of a project by acting as either a lead or responsible agency under CEQA. The lead agency is the public agency with the greatest responsibility for supervising or approving the project as a whole.14
In D.07-12-029, with respect to the 36 crossings authorized therein, the Commission found that MTA is the public agency with the greatest responsibility for supervising or approving the project, and therefore the lead agency for environmental review, and that the Commission is a responsible agency. MTA prepared a combined Final EIS/EIR for the Expo Line project to comply with the National Environmental Policy Act and CEQA. As the responsible agency, we considered MTA's environmental documents and findings and reviewed and considered the Final EIS/EIR. In our role as the responsible agency, we found in D.07-12-029 that MTA's environmental review was adequate for our decision-making purposes, and concluded that the Final EIS/EIR met the requirements of CEQA.
We are not authorizing the at-grade crossing at Farmdale in today's decision, so we therefore do not make any findings here with respect to the CEQA review process for Farmdale. However, future environmental review with respect to the Farmdale Avenue crossing may be necessary; and, since we do not have a complete application before us we now cannot determine the level or type of such environmental review.
If future environmental review is necessary, we anticipate that it would be presented as a Supplement to the existing EIR, an Addendum to the existing EIR, or as entirely new subsequent EIR. Pursuant to CEQA Guidelines Section 15163 and 15164, respectively, Supplemental EIRs and Addendums to EIRs may be prepared by either the lead agency or the responsible agency.
In this regard, and in order to expedite any future environmental review, the Commission will, as the responsible agency under CEQA, act in a lead role with respect to conducting the environmental review in any future application for a crossing at Farmdale Avenue that involve either a Supplemental EIR or an Addendum to the existing EIR. However, as a responsible agency under CEQA, we will not act in a lead role should it be necessary to conduct a new subsequent EIR.
Once any new application is filed with the Commission, Expo Authority shall provide all related environmental documents it has in its possession to the Commission's CEQA analysis team.15 The CEQA team will review the documents, determine which review process best applies, and then consult with Expo Authority regarding the next steps in the review process. The CEQA team will ensure that public notice, review by other parties, and any necessary approval by the Commission shall comply with applicable CEQA requirements.
14 CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(b).
15 The "Environmental Section" of the Energy Division. Further information is available on the Commission's web-site at: cpuc.ca.gov/PUC/energy/electric/Environmental.
