V. Assignment of Proceeding
Loretta Lynch is the assigned Commissioner and ALJ Thomas is the assigned Administrative Law Judge.
1. MFNS has filed several applications and petitions related to its San Francisco Bay Area fiber optic construction project.
2. MFNS is in Chapter 11 bankruptcy proceedings.
3. This application is not only for the benefit of PG&E, but also benefits MFNS.
4. PG&E states that this application and related project activities are exempt from CEQA.
5. We have no evidence of which agencies the BCDC consulted with in finding a portion of PG&E's project categorically exempt from CEQA.
6. Some of the already-completed construction for which PG&E seeks approval is not on San Francisco Bay property.
7. The application and supplemental submissions do not describe with particularly the construction to be approved.
8. The construction for which PG&E seeks approval is not only for use in its electric utility operations.
9. PG&E's application does not only seek approval of a paper transaction.
1. We are unable to determine that the proposed transaction is exempt from CEQA or what level of CEQA review is required.
2. CEQA prohibits an applicant from piecemealing its project.
3. PG&E has not met its burden of establishing that the Commission should grant its application.
IT IS ORDERED that:
1. This application is denied without prejudice to Pacific Gas and Electric Company's right to make the showings we find it has failed to make in its current application.
2. Application 01-03-008 is closed.
This order is effective today.
Dated , at San Francisco, California.
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