VII. Motion for Protection of Confidential Information
With its application, SCE filed a motion for protection of confidential information. The motion requested that the number of optical fibers to be leased and information pertaining to the specific fiber routes be protected from public disclosure for a period of one year and accepted under seal pursuant to Pub. Util. Code § 583 and GO 66 C. SCE asserted that disclosure of this information would provide Telecom Licensing's competitors with strategically important information about its network capacity in the Southern California telecommunications market and thus, place Telecom Licensing at a competitive disadvantage. Specifically, if a competitor has knowledge of how many optical fibers are leased by Telecom Licensing, the competitor could unfairly determine Telecom Licensing's areas of relative strength or weakness and adjust its strategic plans accordingly.
The motion was not opposed. October 25, 2000, the Administrative Law Judge (ALJ) issued a ruling granting the motion for a protective order. The Ruling accepted the information in Exhibit 1 under seal for a period of two years. During that period the information shall not be made accessible or disclosed to anyone other than Commission staff except 1) on the further order or ruling of the Commission, the Assigned Commissioner, the assigned ALJ, or the ALJ then designated as the Law and Motion Judge, or 2) upon execution of an appropriate nondisclosure agreement by the party to whom disclosure is made. If SCE believes further protection is needed after two years, it may file a motion requesting further withholding the information or other relief.
1. SCE is a public utility company regulated by this Commission which operates primarily as an electric utility.
2. On December 17, 1998, SCE received CPCN authority from this Commission to operate as a facilities-based Local Exchange Carrier.
3. Telecom Licensing is certificated to operate as a CLC.
4. Effective March 27, 2000, Telecom Licensing, entered into a revocable license agreement with SCE pursuant to GO 69-C, to utilize optical fibers along two cable routes within Los Angeles County complete a redundant, fiber optic network ring. This agreement conferred no indefeasible right of use.
5. SCE now seeks to enter into a 20-year lease on substantially the same terms by obtaining Commission approval of the lease under Pub. Util. Code § 851.
6. Under the Agreement, SCE will use existing facilities where available.
7. The Agreement states that for portions of the routes without existing capacity, SCE would install new fiber optic cables, perfect land use rights, and construct any necessary facilities to support the cable at shareholder expense.
8. SCE is to own, operate and maintain the entire fiber optic cable.
9. Revenue from the lease are to be treated as OOR, with revenues to be shared pursuant to the revenue sharing mechanism adopted for SCE in D.99-09-070 and Advice Letter 1413-E.
10. The terms of the revocable license are different from the terms of the long-term lease.
11. GO 69-C specifies when public utilities covered by Pub. Util. Code § 851 may grant easements, licenses or permits for the limited use of certain utility properties without obtaining Commission authorization.
12. Pub. Util. Code § 851 specifies when Commission approval is required for the transfer or encumbrance of utility property.
13. CEQA requires an agency do conduct an environmental review of actions which are deemed to be "projects" as defined by the Public Resources Code and the CEQA Guidelines.
14. CEQA prohibits the "piecemealing" of projects.
15. There have been no protests to this application.
1. SCE's proposed revenue sharing conforms to the revenue sharing mechanism adopted by the Commission for SCE in D.99-09-070.
2. CEQA requirements should be applied to actions which meet the definition of a "project" pursuant to Public Resources Code Section 21065 and CEQA Guidelines Section 15378.
3. The Commission has granted CEQA exemption when a utility application for approval of a lease agreement is consistent with CEQA Guideline Section 15301(b) and/or Section 15061(b)(3).
4. CEQA Guideline Sections 15301(b) and 15061(b)(3) do not apply to this application for approval of a lease agreement.
5. SCE was granted CPCN authority to provide certain telecommunications services pursuant to D.98-12-038, and Telecom Licensing, was granted certification as a CLC pursuant to D.98-09-093 and D.99-06-082.
6. The facts of this case do not present a situation where GO 69-C is being used to avoid the requirements of CEQA or the advance approval requirements of section 851.
7. Under the particular circumstances of this application, SCE should be authorized to lease certain optical fibers to Telecom Licensing, under the terms and conditions set forth in the application.
8. SCE was granted a two year protection of certain information as confidential as described in this decision.
9. No public hearings are necessary in this proceeding.
IT IS ORDERED that:
1. Southern California Edison Company (SCE) is authorized to enter into a lease to Telecom Licensing, Inc., of optical fibers along two cable routes in Los Angeles County, under the terms and conditions set forth in this application.
2. All revenues from the authorized lease agreement shall be treated as Other Operating Revenue and shall be subject to the gross revenue sharing mechanism set forth in Decision 99-09-070.
3. SCE shall notify the Director of the Energy Division, in writing, of any substantial amendments to, extension of, or termination of the lease agreement, within 30 days following the execution of such amendments, extensions or termination.
This order is effective today.
Dated , at San Francisco, California.
CERTIFICATE OF SERVICE
I certify that I have by mail this day served a true copy of the original attached Alternate Draft Decision of Commissioner Lynch on all parties of record in this proceeding or their attorneys of record.
Dated November 22, 2000, at San Francisco, California.
/s/ G. Dryvynsyde |
Geoffrey Dryvynsyde |
NOTICE
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