COM/SK1/bb1 MAILED 04/05/2004
Decision 04-04-014 April 1, 2004
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of Pacific Gas and Electric Company (U 39 E) for Commission Approval for Irrevocable Lease for Metromedia Fiber Network Services, Inc. to User Fiber Optic Cable on Certain PG&E Transmission Facilities Under Terms of an Optic Fiber Installation and IRU Agreement. |
Application 01-03-008 (Filed March 8, 2001) |
OPINION GRANTING PACIFIC GAS AND ELECTRIC COMPANY'S
PETITION FOR MODIFICATION OF DECISION 03-05-077
I. Summary
We grant the petition of Pacific Gas and Electric Company (PG&E) for modification of Commission Decision (D.) 03-05-077 on the ground that the petition raises issues of fact and law that warrant such modification.1
We find that the installation of optical fiber and related telecommunications equipment on existing utility structures by third-party telecommunications providers, consistent with the facts of this case, is categorically exempt from environmental review under the California Environmental Quality Act (CEQA).
We also find that D.03-05-077 contains factual errors relating to the use and benefits of the facilities installed under the Agreement at issue in this proceeding between PG&E and Metromedia Fiber Network Services (MFNS).
Finally, we find that D.03-05-077 inappropriately rejected as precedent certain Commission decisions setting its approach to CEQA implementation.
We then modify D.03-05-077 to bring it into conformity with our findings.
1 Some of the claims PG&E raises here should properly have been raised in an Application for Rehearing, which PG&E did not file. Nonetheless, we opt to address PG&E request generally here because it may provide guidance to other parties.
