VI. Assignment of Proceeding

Loretta M. Lynch is the assigned Commissioner and Sarah R. Thomas is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. The Bay Conservation and Development Commission found that the project described herein warrants a categorical exemption under CEQA.

2. It can be seen with certainty that the aerial installation of fiber optic cable across the San Francisco Bay on existing Pacific Gas and Electric Company transmission towers parallel to the San Mateo Bridge will have no significant effect on the environment.

3. The Commission has in previous decisions found that similar projects warrant a categorical exemption under CEQA.

Conclusion of Law

We should alter D.03-05-077 to bring it into conformity with CEQA, with Commission precedent, and to reflect the facts in the record of this proceeding.

ORDER

IT IS ORDERED that:

1. The Petition of Pacific Gas and Electric Company for Modification of Decision 03-05-077 is granted.

2. Decision 03-05-077 is modified as discussed in section IV herein.

3. This proceeding is closed.

This order is effective today.

Dated April 1, 2004, at San Francisco, California.

MICHAEL R. PEEVEY

President

GEOFFREY F. BROWN

SUSAN P. KENNEDY

Commissioners

I dissent

/s/ LORETTA M. LYNCH

Commissioner

I dissent

/s/ CARL W. WOOD

Commissioner