VI. Assignment of Proceeding
Loretta Lynch is the Assigned Commissioner and Jeffrey P. O'Donnell is the assigned Administrative Law Judge in this proceeding.
1. The final MND was prepared in compliance with and pursuant to CEQA.
2. The final MND represents the Commission's independent judgement.
3. The MND addresses the construction proposed in A.01-12-033, to the extent that it is not already authorized by Applicant's existing limited facilities-based authority, and D.02-07-026.
4. Notice of A.01-03-006 and A.01-12-033 appeared in the Daily Calendar on March 8, 2001, and December 31, 2001, respectively.
5. No protests were filed in A.01-03-006.
6. ORA filed a protest in A.01-12-033, addressing only ratemaking issues.
7. This decision does not address the ratemaking aspects of A.01-12-033.
8. Hearings are not required.
1. Public convenience and necessity require Applicant's local exchange and interexchange services to be offered to the public subject to the terms and conditions set forth herein.
2. Applicant must agree to, and is required to, carry out the mitigation measures in the final MND in compliance with CEQA.
3. With the incorporation of the mitigation measures in the final MND, Applicant's proposed project will not have potentially significant adverse environmental impacts.
4. The final MND should be adopted pursuant to CEQA.
5. Applicant's construction projects addressed in the final MND should be approved.
6. The Commission should approve the agreements, which are the subject of A.01-12-033, to the extent that they apply to the construction approved in the final MND.
7. A.01-03-006 and A.01-12-033 should be closed.
8. Because of the public interest in local exchange and interexchange services, the following order should be effective immediately.
IT IS ORDERED that:
1. A certificate of public convenience and necessity is granted to IP Networks, Inc. (Applicant) to operate as a facilities-based provider of local exchange and interexchange services, subject to the terms and conditions set forth below.
2. Applicant is authorized to construct the facilities addressed in the July 2002 final Mitigated Negative Declaration (final MND), subject to the terms and conditions set forth below. The introduction to the final MND is included as Attachment A. The MND language from the final MND is included as Attachment B.
3. The entirety of the final MND shall be attached to the formal file copy of this decision and is incorporated hereby by reference. It can be found at the Commission's web site @ www.cpuc.ca.gov.
4. The final MND is adopted pursuant to the California Environmental Quality Act.
5. Applicant shall fully implement the mitigation measures described in the final MND.
6. Applicant shall enter into a cost reimbursement agreement with the Commission for expenses accrued from implementing the mitigation and monitoring plan as described in the final MND. Compliance with this agreement is a condition of approval of the authority granted herein.
7. The Commission's Energy Division shall supervise and oversee the construction of the project insofar as it relates to monitoring and enforcement of the mitigation measures described in the final MND. The Energy Division may designate outside consultants, working under Energy Division direction and control, to perform on-site monitoring tasks. The Commission project manager (Energy Division, Environmental Projects Unit) shall have the authority to issue a Stop Work Order on the entire project, or portions thereof, for the purpose of ensuring compliance with the mitigation measures described in the final MND. Construction may not resume without a Notice to Proceed issued by the Environmental Projects Unit of the Energy Division.
8. The agreements, which are the subject of Application (A.) 01-12-033, are approved to the extent that they apply to the construction approved in the final MND adopted herein.
9. A.01-03-006, and A.01-12-033 are closed.
This order is effective today.
Dated January 30, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
