Environmental Review

The California Environmental Quality Act (Public Resources Code Section 21000 et seq., hereafter CEQA) applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to inform governmental decisionmakers 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 cannot proceed, and because the activity has the potential to result in either a direct physical change in the environment or an indirect physical change in the environment (CEQA Guideline Section 15378), the application is subject to CEQA and 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).) A responsible agency is required to consider the environmental consequences of a project that is subject to its discretionary approval and in particular, to consider the lead agency's environmental documents and findings before acting upon or approving a project. (CEQA Guideline Section 15050(b).)

In this instance the activity in question will involve Johns Manville upgrading existing electrical equipment that provides service to its glass manufacturing plant. In order to do this, existing overhead distribution system will be converted to underground facilities to be placed in a 246 foot long trench. The upgrade will involve installation of new conductors. Telecommunications cable will also be placed in the trench. The trench will be backfilled and the area restored. The existing overhead facilities will be removed.

Normally, we would look to whether the local City or County acted as lead agency in conducting any CEQA review. Here, a letter from Glenn County Public Works verifies that that the county has no ordinance that requires it to approve or issue a permit for trenching or grading (i.e., no discretionary decision). Consequently the County has no CEQA requirement for the activity.

Because we are the first agency with a discretionary decision involving the activity, we will independently consider CEQA in this matter. Based on our understanding of the proposed activity, we believe it falls within the categorical exemptions provided for existing facilities and replacement or reconstruction activities. Specifically, CEQA Guideline Section 15302(d) provides a categorical exemption for the "conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding." Accordingly, we find this activity to be exempt from CEQA review.