VIII. Procedural Matters

In Resolution ALJ 176-3040, dated June 8, 2000, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were necessary. Based on this record, our order today changes the preliminary determination and concludes that hearings are not necessary.

This is an uncontested matter in which the Commission grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is waived.

Findings of Fact

1. The Commission granted a CPCN to Global Photon Systems, Inc. in D.98-11-073 and to Global West Network, Inc. in D.99-06-076.

2. On June 2, 2000, applicants filed A.00-06-002 to modify their CPCNs to permit construction of specific telecommunications facilities.

3. Notice of A.00-06-002 appeared in the Commission's Daily Calendar on June 6, 2000.

4. No protests have been filed.

5. A hearing is not required.

6. SLC acted as Lead Agency to prepare an EIR for this project and consulted with the Commission as a responsible agency.

7. On April 20, 2000, SLC certified that the EIR had been prepared in accordance with CEQA, adopted a mitigation monitoring program, and determined that the Project, as approved, would not have a significant effect on the environment.

8. Applicants have sufficiently fulfilled the notice requirements of Rule 17.1(f).

9. The Project will alleviate congestion on existing telecommunications networks and increase the capacity for telecommunications connections between California's major cities.

10. The public convenience and necessity warrants construction of the Project as described in the EIR and as modified by the mitigation monitoring program appended to this decision in Attachment A.

11. The Monterey Bay National Marine Sanctuary has indicated to applicants that further review under the National Environmental Policy Act may be required.

12. Applicants requested that the financial information and estimates of the number of customers for its first and fifth years, filed with the application, be kept under seal.

13. Public disclosure of applicants' financial information and estimates of the number of customers, submitted with this application, would place applicant at an unfair business disadvantage.

Conclusions of Law

1. With the mitigation measures adopted by the SLC, applicants' proposed project will not have a significant effect on the environment.

2. If, in the process of obtaining permits and authorizations for this Project, the route or construction activities indicated in the EIR certified by SLC changes, applicants should file a petition to modify this decision to obtain approval for these changes.

3. The application should be granted, subject to the environmental requirements set forth in the findings and mitigation monitoring program of the SLC, attached to this order as Attachment A.

4. Applicants' request to file under seal financial information and estimates of the number of customers for its first and fifth years of operation should be granted for two years.

ORDER

IT IS ORDERED that:

1. Global Photon Systems, Inc., and its subsidiary Global West Network, Inc. (collectively "applicants") are authorized to construct the facilities addressed in Application 00-06-002, and described as the Project in the Environmental Impact Report contained in Exhibit 2 of the Application, subject to the terms and conditions set forth below.

2. The findings of State Lands Commission (SLC) contained in Exhibit A of Attachment A are adopted.

3. Applicants shall comply with the mitigation monitoring program adopted by the SLC and attached to this decision as Exhibit B of Attachment A.

4. Applicants shall obtain all necessary permits for the Project and shall file a petition to modify this order to obtain approval for any subsequent changes to the route or construction activities of the Project.

5. Staff of the Commission's Energy Division is directed to file a notice of determination as required by Section 15096(i) of the California Environmental Quality Act guidelines stating that the Commission has considered the Environmental Impact Report prepared by SLC as lead agency.

6. Applicants' request to have the financial information and estimates of the number of customers for its first and fifth years, filed with this application, kept under seal is granted for two years from the effective date of this decision. During that period the information shall not be made accessible or disclosed to anyone other than the Commission staff except on the further order or ruling of the Commission, the Assigned Commissioner, the Assigned Administrative Law Judge (ALJ), or the ALJ then designated as Law and Motion Judge.

7. If the applicants believe that further protection of the information kept under seal is needed, they may file a motion stating the justification for further withholding of the information from public inspection, or for such other relief as the Commission rules may then provide. This motion shall be filed no later than one month before the expiration date.

8. Applicants shall send a copy of this decision to concerned local permitting agencies not later than 30 days from the date of this order.

9. This proceeding is closed.

This order becomes effective 30 days from today.

Dated November 21, 2000, at San Francisco, California.

ATTACHMENT A

REQUIRED CEQA FINDINGS
GLOBAL WEST FIBER OPTIC CABLE PROJECT

Note: See CPUC Formal Files for Site Map portion of Attachment A.

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