6. California Environmental Quality Act

Pursuant to the California Environmental Quality Act (CEQA)⁶⁵ and Rule 17.1 of the Commission's Rules of Practice and Procedure, we must consider the environmental consequences of projects that are subject to our discretionary approval. Thus, in deciding whether to approve A.05-07-010, we must consider if doing so will alter an approved project, result in new projects, change facility operations, etc., in ways that have an environmental impact.

Today's Decision authorizes a change in ownership of PacifiCorp. Today's Decision does not authorize any new construction, changes to the operations of PacifiCorp or other entity, or changes in the use of existing assets and facilities. Therefore, it can be seen with certainty that today's Decision will not have a significant effect on the environment and, for this reason, qualifies for an exemption from CEQA pursuant to Section 15061(b)(3)(1) of the CEQA guidelines.⁶⁶ Consequently, there is no need for further environmental review.

The Applicants have indicated that PacifiCorp intends to spend at least $1 billion annually on utility infrastructure for the next several years. Today's Decision does not authorize any utility infrastructure investments. Before constructing utility infrastructure, the Applicants will have to comply with any applicable CEQA requirements.

⁶⁵ Pub. Res. Code § 21080.

⁶⁶ Section 15061(b)(3)(1) of the CEQA guidelines states: "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA."