ALJ/JSW/avs DRAFT Agenda ID # 5453

Quasi-Legislative

Decision DRAFT DECISION OF ALJ WONG (Mailed 3/21/2006)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Establish Policies and Rules to Ensure Reliable, Long-Term Supplies of Natural Gas to California.

Rulemaking 04-01-025 (Filed January 22, 2004)

OPINION REGARDING THE PETITION FOR
MODIFICATION OF DECISION 04-09-022

Summary

This decision addresses the April 1, 2005 motion filed by Ratepayers for Affordable Clean Energy (RACE), which was subsequently reclassified by the assigned Commissioners as a petition for modification (petition) of Decision (D.) 04-09-022.¹ RACE's petition challenges prior determinations made in this proceeding that the California Environmental Quality Act (CEQA) does not apply.

Today's decision concludes that the activities related to the Phase I issues, and which led up to the adoption of D.04-09-022, did not amount to a project within the meaning of CEQA and therefore CEQA did not apply to the Phase I activities. Accordingly, RACE's reclassified petition for modification of D.04-09-022 is denied.

¹ Assigned Commissioners' Ruling (ACR) dated October 18, 2005.