Environmental Review

The California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.) applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to "inform governmental decision-makers and the public about the potential significant environmental effects of the proposed activities." (Title 14 of the California Code of Regulations, hereafter CEQA Guidelines, Section 15002.)

Because the Commission must issue a discretionary decision (i.e., grant Section 851 authority) without which the proposed activity will not proceed, the Commission must act as either a Lead or Responsible Agency under CEQA. The Lead Agency is the public agency with the greatest responsibility for supervising or approving the project as a whole (CEQA Guidelines, Section 15051(b)).

Here, the Commission is the Lead Agency for the proposed project under CEQA. CEQA requires that the Commission consider the environmental consequences of a project that is subject to its discretionary approval. In particular, the Commission must consider the environmental impacts and findings before acting upon or approving the project.

The easement does not allow any further development on the property except landscaping. The existing retaining walls and fence on the Site were constructed prior to 1987. Granting the easement has no potential for causing a direct or indirect change to the environment and therefore CEQA does not apply in this case, pursuant to CEQA Guidelines Section 15378. In the event the easement was considered to be a CEQA project, it would be categorically exempt pursuant to CEQA Guidelines Section 15301(h).

In this application, SCE requests that the Commission find that the proposed project is not subject to CEQA, pursuant to CEQA Guidelines Section 15378. Accordingly, we find that, for purposes of our approval, the project is not subject to CEQA review.