5. Comments on Draft Decision
This is an uncontested matter in which the decision grants the requested relief. Therefore, pursuant to Pub. Util. Code § 311(g)(2) the otherwise applicable 30-day period for public review and comment is being waived.
In Resolution ALJ 176-3059, dated March 15, 2001, the Commission preliminarily categorized this proceeding as ratesetting, and preliminarily determined that hearings were not necessary. Based on the record, we conclude that a public hearing is not necessary, nor is it necessary to alter the preliminary determinations in Resolution ALJ 176-3059.
1. Notice of this application to modify D.99-10-062 appeared in the Daily Calendar on March 7, 2001.
2. No protests have been filed.
3. A hearing is not required.
4. In D.99-05-022 and D.99-10-062, we determined that applicant was qualified to provide resale and facilities-based interexchange telecommunications service.
5. The five regenerator sites which are the subject of this application are necessary for the proper functioning of facilities previously approved.
6. Due to a question as to whether these regenerator facilities were within the scope of previously granted authority, this application was filed to ensure required approvals were obtained.
7. The final negative declaration was prepared in compliance with and pursuant to CEQA.
8. The final negative declaration represents the Commission's independent judgment.
1. Applicant's proposed project will not have potentially significant adverse environmental impacts.
2. The final negative declaration attached hereto as Attachment A should be adopted pursuant to CEQA.
3. Applicant's construction project addressed in the final negative declaration should be approved.
4. Because of the public interest in interexchange services, the following order should be effective immediately.
IT IS ORDERED that:
1. Decision (D.) 99-10-062 is modified to allow Williams Communications, LLC (applicant) to construct the facilities addressed in the final negative declaration, included as Attachment A, subject to the terms and conditions set forth below and in D.99-05-022 and in D.99-10-062.
2. The final negative declaration is adopted pursuant to the California Environmental Quality Act.
3. Applicant shall enter into a cost reimbursement agreement with the Commission for expenses accrued in implementing the negative declaration. Compliance with this agreement is a condition of approval of this decision.
4. The Energy Division, Environmental Projects Unit, shall have the authority to issue a Stop Work Order on the entire project, or portions thereof, for the purpose of ensuring compliance with the negative declaration. Construction may not resume without a Notice to Proceed issued by the Environmental Projects Unit of the Energy Division.
5. Applicant shall send a copy of this decision to concerned local permitting agencies not later than 30 days from the date of this order.
6. The application is granted, to the extent set forth above.
7. This proceeding is closed.
This order is effective today.
Dated August 23, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
ATTACHMENT A
CALIFORNIA PUBLIC UTILITIES COMMISSION
Williams Communications, Inc.
Five Regeneration Stations Project
INITIAL STUDY
and
FINAL NEGATIVE DECLARATION
(Filing Number A.01-02-033)
As the lead agency for complying with the California Environmental Quality Act (CEQA), the California Public Utilities Commission, Energy Division (CPUC), completed a Draft Initial Study and Draft Negative Declaration (DIS/DND) for the Williams Communications, Inc. proposal to install five regeneration stations in the following local jurisdictions: County of Sacramento; City of Tulare; City of Claremont; City of Ontario; and City of Palmdale.
In July of 2001, the CPUC provided a Notice of Availability to all adjacent property owners of the proposed action. Copies of the DIS/DND were provided to the State Clearinghouse, and to planning departments in the county and cities noted above. The 30-day public review period began on July 11 and ended on August 10, 2001. No written comments were received.
