3. Environmental Considerations

In Decision (D.) 93-04-019, D.94-06-017, D.95-05-039, and D.96-11-058 (all involving SCE's leases of temporarily-available conduit, duct or overhead cable, pole space, and optical fibers), the Commission noted that agreements involving the subject matter of this Application do not pose environmental hazards, and thus do not require environmental review under the California Environmental Quality Act (CEQA), Public Resources Code sections 21000 et seq.⁸ The Commission also followed this approach in D.00-01-014, PG&E's Section 851 application to permit Electric Lightwave, Inc. to install and use fiber optic lines on certain PG&E transmission towers, substations, rights-of-way, and other facilities.

As stated earlier, SCE will utilize existing fiber optic cables and facilities when available. We find that such actions qualify for a categorical exemption from CEQA as a minor alteration of existing utility structures involving negligible expansion of existing use (14 Cal. Code of Regulations section 15301(b)).

For those portions of the routes that do not have existing capacity, SCE will install new fiber optic cables, and construct any necessary facilities to support the cables. SCE has existing authority for such action pursuant to D.98-12-083. We continue to require SCE to follow all permit conditions and mitigation measures addressed in D.98-12-083 and its associated Mitigated Negative Declaration, including, but not limited to, the filing of a petition to modify its Certificate of Public Convenience and Necessity should it seek to build beyond the utility right-of-way. Additionally, consistent with the Mitigated Negative Declaration in Appendix D to D.98-12-083, SCE states that it will file the construction reports listing all new construction pursuant to this Agreement in its quarterly advice letter.

⁸ D.93-04-019 (agreement is exempt from provisions of CEQA "because it can be seen with a certainty that there is no possibility that the proposal may have a significant effect on the environment"); accord, D.94-06-017, D.95-05-039. In a case involving MCI's use of some of Pacific Gas and Electric Company's (PG&E) aboveground facilities and dark fiber, the Commission likewise found the proposal to be exempt from CEQA requirements. (D.92-07-007.)