COM/LYN/abw DRAFT H-6a
12/7/2000
Decision ALTERNATE DRAFT DECISION OF COMMISSIONER LYNCH
(Mailed 11/22/2000)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of Southern California Edison company (U 338-E) for Authority to Lease Certain Fiber Optic Cables to Telecom Licensing, Inc. |
Application 00-05-073 |
OPINION
I. Summary
Southern California Edison (SCE) seeks authority to lease to Telecom Licensing Inc., (Telecom Licensing) optical fibers in SCE-owned telecommunications cables along two cable routes being constructed in Los Angeles County. SCE states that the fiber will serve the dual purpose of expanding SCENet, SCE's own fiber optic network, and providing capacity for Telecom Licensing. Currently Telecom Licensing uses these optical fibers under a revocable lease. No protests have been filed.
This decision holds that an overly-broad reading of the authority granted by General Order (GO) 69-C cannot be relied upon to avoid compliance with the requirements of Public Utilities Code section 851, and with the requirements of the California Environmental Quality Act (CEQA). Therefore, we hold that GO 69-C's provisions regarding "limited use" of utility facilities do not extend to use of facilities that are to be constructed without the benefit of CEQA review. However, the facts of this case present unique circumstances allowing us to grant the application because, among other things, CEQA review of the facilities in question has already been completed.
