10. Comments to Draft Decision
The draft decision of the ALJ Sarah Thomas in this matter was mailed to the parties in accordance with Pub. Util. Code Section 311(g) and Rule 77.7 of the Rules and Practice and Procedure. On August 7, 2000, MFNS stipulated, through its counsel, to reduce the 30-day public review and comment period for the draft decision to 15 days. Comments were filed on ______________, and reply comments were filed on ___________________.
1. Applicant sought a CPCN in A.98-06-034 (filed June 17, 1998).
2. The Commission granted Applicant a CPCN in D.98-07-108, dated July 24, 1998.
3. Applicant did not seek and did not obtain CEQA review as part of A.98-06-034.
4. Applicant has begun installation of a new fiber optic conduit and cable network in the San Francisco Bay Area and the Los Angeles Basin.
5. MFNS stopped work after being contacted by Commission staff in October 1999 and informed that CEQA review would be required before the Project could continue.
6. On February 25, 2000, Applicant applied for modification of its CPCN to include a review of the Project for compliance with CEQA. Applicant supplemented its Application on March 24, 2000.
7. No party protested the Application for modification of the CPCN.
8. The Commission's environmental staff conducted a review of applicant's project and issued a Draft Initial Study and Mitigated Negative Declaration in June 2000. In compliance with Commission Rule 17.1(f), MFNS caused notices to the Draft Mitigated Negative Declaration to be mailed to adjacent real property owners and to be published in numerous newspapers of general circulation. The comment period on the foregoing document ended on July 20, 2000.
9. Following comments, the Commission's staff issued a Final Mitigated Negative Declaration on August 9, 2000.
1. A hearing is not required.
2. The Application should be granted, subject to the environmental requirements set forth in the Final Mitigated Negative Declaration.
3. Because of the public interest in fiber optic communications services, the following order should be effective immediately.
4. The assigned ALJ should proceed to address the issue of whether MFNS should be subject to fines or other sanctions for its non-compliance with its authority and the law.
5. We will not adopt an abbreviated process for approving MFNS' installation of distribution loops at this time because we do not now know the magnitude of construction activities.
6. MFNS' Motion for a protective order should be granted.
INTERIM ORDER
IT IS ORDERED that:
1. The Application of Metromedia Fiber Network Services, Inc. (U-6030-C) (MFNS or Applicant) for modification of its Certificate of Public Convenience and Necessity to Review Proponent's Environmental Assessment for Compliance with the California Environmental Quality Act is granted.
2. The Final Mitigated Negative Declaration identified in the formal record as Exhibit 4 is adopted by this Commission.
3. The determination in Resolution ALJ 176-3035 with respect to this Application is amended to determine that no hearings are necessary.
4. Applicant shall fully implement the mitigation measures described in Exhibit 4.
5. The Commission's Stop Work Order issued on October 21, 1999, is withdrawn.
6. Applicant shall enter into a cost reimbursement agreement with the Commission for expenses accrued from implementing the mitigation and monitoring plan as described in Exhibit 4. Compliance with this agreement is a condition of approval of this decision.
7. The Environmental Projects Unit of the Energy Division shall supervise and oversee construction of the Project insofar as it relates to monitoring and enforcement of the mitigation measures described in Exhibit 4. The Energy Division may designate outside staff to perform on-site monitoring tasks. The Commission project manager (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 insuring compliance with the mitigation measures described in Exhibit 4. Construction may not resume without a Notice to Proceed issued by the Environmental Projects Unit of the Energy Division.
8. Applicant shall send a copy of this decision to concerned local permitting agencies not later than 30 days from the date of this order.
9. The assigned Administrative Law Judge (ALJ) shall consider whether a fine or other sanction should be imposed on Applicant and its officers for commencing work without appropriate authority and in violation of the law. The ALJ shall issue a ruling commencing a second phase of this proceeding to consider such matters.
10. Application 00-02-039 remains open for consideration of possible sanctions.
11. MFNS' motion for a protective order is granted to the extent set forth below.
a. MFNS' Estimated Cost Of Construction, which has been filed under seal as Exhibit E to the Application, shall remain under seal for a period of two years from the date of this ruling. During that period, the Estimated Cost Of Construction shall not be made accessible or be disclosed to anyone other than Commission staff except on the further order or ruling of the Commission, the Assigned Commissioner, the assigned ALJ, or the ALJ then designated as Law and Motion Judge.
b. If MFNS believes that further protection of this information is needed after two years, it may file a motion stating the justification for further withholding the material from public inspection, or for such other relief as the Commission rules may then provide. This motion shall be filed no later than 30 days before the expiration of this protective order.
12. MFNS request for an expedited Commission process for approving distribution loop installation is denied.
This order is effective today.
Dated , at San Francisco, California.
APPENDIX A
APPENDIX B
Table 1-3. Summary of Impacts and Mitigation Measures for Metromedia's Proposed | |||||
(Page 1 of 17) | |||||
Environmental Impact |
Applies to: |
Mitigation Measures |
Applies to: | ||
SF Bay Area Network |
LA Basin Network |
SF Bay Area Network |
LA Basin Network | ||
Aesthetics | |||||
AES-1: Possible temporary, minor changes to the resources visible from a designated State Scenic Highway might result from project construction and operation. (Less than Significant with Identified Mitigation) |
_ |
AES-1: Metromedia would comply with local regulations regarding State Scenic Highway corridors, keep construction and staging areas orderly, free of trash and debris, and would restore areas disturbed by project construction along the proposed route to their pre-project condition. |
_ |
||
AES-2: Possible minor changes in the existing visual character or quality of a site might result from project construction and operation. (Less than Significant with Identified Mitigation) |
_ |
_ |
AES-2: Metromedia would minimize visual impacts of project facilities and comply with local regulations concerning architectural design and landscaping, keep construction and staging areas orderly and free of trash and debris, and would restore areas disturbed by project construction along the proposed route to their pre-project condition. |
_ |
_ |
Agricultural Resources | |||||
The project would have no impacts on agricultural resources. | |||||
Air Quality | |||||
AQ-1: Introduction of additional emissions sources in a region for which air quality plans have been developed. (Less than Significant with Identified Mitigation) |
_ |
AQ-1: Metromedia would submit a letter to the permit services division of the BAAQMD prior to project construction indicating that five back-up generators would be installed as part of the project and where those generators would be located. |
_ |
||
(Page 2 of 17) | |||||
AQ-2: Increase in local pollutant concentrations. (Less than Significant with Identified Mitigation) |
_ |
AQ-2: Metromedia would require the construction contractors to water all active construction areas at least twice daily; cover all trucks hauling soil, sand, and other loose materials; pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; sweep daily all paved access roads, parking areas and staging areas at construction sites; and sweep streets daily if visible soil material is carried onto adjacent public streets. |
_ |
||
AQ-3: Increase in nonattainment pollutant emissions. (Less than Significant) |
_ |
No mitigation is required |
|||
AQ-4: Expose sensitive receptors to substantial pollutant concentrations. (Less than Significant with Identified Mitigation) |
|||||
