ALJ/SRT/epg DRAFT Item 7

9/7/2000

Decision DRAFT DECISION OF ALJ THOMAS (Mailed 8/22/2000)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Metromedia Fiber Network Services, Inc. (U-6030-C) for Modification of its Certificate of Public Convenience and Necessity to Comply with the California Environmental Quality Act.

Application 00-02-039 (Filed February 25, 2000)

OPINION

1. Summary

In this decision, we approve a Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA),¹ and authorize Metromedia Fiber Network Services, Inc. (MFNS or Applicant) to resume work on a fiber optic cable and conduit installation project in the San Francisco Bay Area and the Los Angeles Basin (the Project).

MFNS began the Project shortly after receiving its Certificate of Public Convenience and Necessity (CPCN) in 1998.² 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. The Commission issued a Stop Work Order on October 21, 1999. The Commission's staff has now conducted that review, and proposes a Mitigated Negative Declaration that would permit MFNS to resume work. Our order today approves the Mitigated Negative Declaration, lifts the Stop Work Order, and permits work to resume, provided that MFNS observes stringent mitigation measures designed to protect the environment.