IV. CEQA Issues

In accordance with CEQA provisions, the Commission must assess the potential environmental impact of a CLC's proposed operation in order to determine that adverse effects are avoided, alternatives are investigated and, where applicable, environmental quality is restored or enhanced as necessary. To achieve this objective, Rule 17.1 of the Rules of Practice and Procedure requires the proponent of any project subject to Commission approval to submit with its application for approval of such project a Proponent's Environmental Assessment (PEA). The PEA is used by the Commission to focus on any impacts of the project which may be of concern, and to prepare the Commission's Initial Study to determine whether the project needs a Negative Declaration or an Environmental Impact Report (EIR).

In accordance with Rule 17.1 of the Commission's Rules of Practice and Procedure, Broadwing included as part of its application a PEA identifying the environmental impacts associated with Broadwing's request for authority to construct facilities in northern California and between Los Angeles and Ontario and between Ontario and San Diego.

In reviewing Broadwing's submittal, Commission staff, along with its environmental consultant, identified certain deficiencies in the PEA and requested both clarification and additional information from Broadwing. In response, Broadwing submitted a revised PEA that was filed as an amendment to the application on September 12, 2001.

The Commission then undertook and completed a Draft Initial Study/Mitigated Negative Declaration (IS/MND) for Broadwing California Fiber Optic Cable Projects. A Notice of Availability was mailed to property owners whose properties crossed or were adjacent to project rights-of-way and published in general circulation newspapers. Copies of the complete document were submitted to the State Clearinghouse, main county and other libraries and county planning departments in project counties, and other appropriate state, county and city agencies. The 30-day review period began on October 9, 2001 and closed on November 9, 2001 at 5:00 p.m.

As lead CEQA agency, the Commission prepared responses to written comments received during the public review period on the Draft IS/MND. These Comments and Responses to Comments, were incorporated with the Draft IS/MND to complete the Final Study/Mitigated Negative Declaration submitted by the Director of the Commission's Energy Division on December 10, 2001.

The proposed expansion project is analyzed at two levels in the IS/MND. The general characteristics of the proposed project and potential impacts common to the project routes are examined at a project-wide level. The route-specific environmental settings and potential impacts are examined at a route-specific level. Mitigation measures to reduce identified impacts to less-than-significant levels are identified at both levels of analysis. Broadwing proposes to install small-diameter, high-density conduits carrying fiber optic cables primarily within existing, disturbed rights-of-way (e.g., roads, railroads, or utility corridors) over several linear routes across California. Approximately 99 percent of the work will be conducted inside existing disturbed rights-of-way and buried through the use of plowing or trenching techniques. In addition, two regenerator/optical amplification stations will be installed along one of the routs to boost transmission signals.

The proposed project routes are:

· Northern California Interconnections Projects;

· Los Angeles to Ontario Longhaul Route; and

· Ontario to San Diego Longhaul Route.

The IS/MND concludes that, given the construction approach, design elements, and mitigation built into the proposed project and the additional mitigation measures included in the IS/MND, no significant impacts on the environment will occur. In addition, no substantial evidence exists in light of the whole record that the proposed project may have a significant effect on the environment. We hereby approve and adopt the Final IS/MND.