E. Assignment of Proceeding
Michael R. Peevey is the Assigned Commissioner and Sarah R. Thomas is the assigned Administrative Law Judge in this proceeding.
1. WilTel seeks authorization to build portions of its fiber optic network in areas we have not studied for environmental impact.
2. No protests have been filed.
3. A hearing is not required.
4. The area for which WilTel seeks exemption from the requirement of CEQA review could extend as much as five miles from any given point.
5. We have to make a discretionary decision to allow WilTel to modify its CPCN.
6. We have not resolved the issues raised in R.00-02-003.
We cannot make the change to our rules WilTel proposes without a rulemaking designed to establish procedures for an entire industry sector.
IT IS ORDERED that:
1. The Application of WilTel Communications, LLC to Amend its Certificate of Public Convenience and Necessity on An Interim Basis and Request for Expedited Ex Parte Relief, is denied, without prejudice to WilTel's right to reapply for approval to perform its proposed construction under changed circumstances.
2. This proceeding is closed.
This order is effective today.
Dated _____________________, at San Francisco, California.
