V. CEQA

Under CEQA and Rule 17.1 of the Commission's Rules of Practice and Procedure, we must consider the environmental consequences of projects that are subject to our discretionary approval. (Pub. Resources Code § 21080.) It is possible that a change of ownership and/or control may alter an approved project, result in new projects, or change facility operations, etc. in ways that have an environmental impact. Based upon the record, the change of ownership at issue in this proceeding will have no significant effect on the environment for a number of reasons. The Lodi Facility will continue to be developed and operated as previously authorized by this Commission, all environmental mitigation measures contained in the certified EIR will continue to apply, and all monitoring requirements and restrictions imposed in D.00-05-048, which certified the EIR, will continue. Therefore, the proposed project qualifies for an exemption from CEQA pursuant to § 15061(b)(3)(1) of the CEQA guidelines and the Commission need perform no further environmental review. (See CEQA Guidelines § 1506(b)(3)(1).)

D.00-05-048 restricts persons and entities with a beneficial interest in LGS or its present owners from monitoring the implementation of the environmental mitigation measures. The restriction applies to such persons and entities, defined as anyone

. . . who beneficially owns any security of, or has received during the past five years or is presently entitled to received at any time in the future more than a de minimus amount of compensation for consulting services [from LGS or its owners]. (D.00-05-048, Ordering Paragraph 16.)

We will continue to apply this restriction to such persons and entities following the change of ownership and control and we will extend the same restriction to LGS' new owners and their consultants.