8. California Environmental Quality Act

The California Environmental Quality Act (CEQA)⁸ applies to any project that has a potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.⁹ CEQA does not apply 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."¹⁰ The Commission is the lead agency under CEQA with respect to A.11-09-012.

A.11-09-012 does not request, and today's decision does not approve, any new construction, any changes to CalPeco's operations or facilities, or any other activities that could result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Consequently, our review and approval of A.11-09-012 and the associated Settlement Agreement is exempt from CEQA.

⁸ CEQA is contained in &_butType=4&_butStat=0&_butNum=3&_butInline=1&_butinfo=CA PUB RES 21000&_fmtstr=FULL&docnum=4&_startdoc=1&wchp=dGLzVzb-zSkAb&_md5=a71881c6cc1886c07a6322c5458a5df9" target="_top">Cal. Pub. Resource Code § 21000 et seq.

⁹ Cal. Pub. Res. Code § 21065 and 14 Cal. Code of Regulations, § 15378.

¹⁰ 14 Cal. Code of Reg., § 15061(b)(3).