Assignment of Proceeding
Geoffrey F. Brown is the Assigned Commissioner and Peter V. Allen is the assigned Administrative Law Judge for this proceeding.
1. Different telecommunications carriers are subject to widely varying certification and associated environmental review requirements by the Commission.
2. The Commission's variable application of the environmental review requirements under CEQA in the area of telecommunications has contributed to competitive disparities.
3. Consistent application of the environmental review requirements under CEQA in the area of telecommunications will reduce competitive disparities.
4. The Commission uses a Permit to Construct process for review of electric transmission projects under General Order 131-D.
5. The Commission is responsible for compliance with the environmental review requirements under CEQA.
6. Some construction projects in the area of telecommunications may be exempt from CEQA.
7. Many construction, repair, and maintenance activities in the area of telecommunications unquestionably have no significant environmental impact.
1. The Commission's application of CEQA in the area of telecommunications should be modified to be more consistent, so as not to contribute to competitive disparities.
2. Consistent application of CEQA in the area of telecommunications requires the establishment of a new process for Commission review and approval of construction, repair, and maintenance activities.
3. A Permit to Construct process, similar to that used for electric transmission projects under General Order 131-D, can be used for review of telecommunications projects.
4. Any modifications to the Commission's application of CEQA must be consistent with law.
5. The Commission should establish a process to determine whether specific construction projects in the area of telecommunications are exempt from CEQA.
6. Construction, repair, and maintenance activities in the area of telecommunications that unquestionably have no significant environmental impact should not be subject to environmental review under CEQA.
IT IS ORDERED that:
1. The Commission establishes the CEQA Expedited Treatment Process (ETP) for telecommunications, as described above.
2. The Commission establishes the Permit to Construct (PTC) process for review and approval of telecommunications construction activities not eligible for the ETP.
3. Construction, repair, and maintenance activities in the area of telecommunications that unquestionably have no significant environmental impact do not require review under either the ETP or PTC process.
4. We direct the assigned Commissioner and Administrative Law Judge to develop an appropriate process for treatment of confidential information under the ETP.
5. We direct the assigned Commissioner and Administrative Law Judge to draft a new General Order to implement this decision.
This order is effective today.
Dated , at San Francisco, California.
APPENDIX A
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking on the Commission's own motion into the programs, practices and policies related to implementation of the California Environmental Quality Act as it applies to jurisdictional telecommunications utilities. |
Rulemaking 00-02-003 (Filed February 3, 2000) |
ASSIGNED COMMISSIONER'S RULING REQUESTING COMMENTS
