5. Applicability of the California Environmental Quality Act
The Application requests that the Commission's order include a finding that the proposed transaction is not a "project" under the California Environmental Quality Act (CEQA), or that it is exempt under the CEQA Guidelines.12
Pursuant to CEQA, we must consider the environmental consequences of projects that are subject to our discretionary approval.13 It is possible that a change of ownership and/or control may alter an approved project, result in new projects, or change facility operations, etc., in ways that have an environmental impact. Based upon the record, the change of legal ownership and control at issue in this proceeding will have no significant effect on the environment.
The Project authorized by D.09-10-035 will continue to be developed and operated as previously authorized, all environmental mitigation measures contained in the certified mitigated negative declaration (MND) will continue to apply, and all monitoring requirements and restrictions imposed in D.09-10-035, which certified the MND, will continue.
Approval of this Application will have no significant effect on the environment because the transfer of ownership and control of GRS will preserve the status quo ante of GRS' plant, operations, and resource use. Consequently, it can be seen with certainty that there is no possibility that the transfer of ownership and control of GRS approved by this decision may have a significant effect on the environment, and, therefore, is exempt from CEQA review, pursuant to CEQA Guidelines § 15061(b)(3).
12 See CEQA Guidelines § 15061(b)(3).
13 Public Resources Code § 21080.
