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Enron Mail |
Wilson, please see below. It looks like in CA ALL projects need to have CEQA
review regardless if they have been previously permitted or not. COMPETITIVE LOCAL ENTRY CALIFORNIA ALJ mulls penalty for Pacific Pipeline Administrative Law Judge Sarah Thomas has decided to examine whether the Public Utility Commission should penalize Pacific Pipeline Systems (PPS) for constructing fiber optic facilities without first receiving PUC approval or undergoing an environmental review. PPS has asked the PUC for third-party access to fiber optic cable located in PPS's crude oil pipelines. During a proceeding on PPS's request, the ALJ learned that the company also intended to construct facilities to accommodate the third-party access and lease them to Qwest Communications Corp. PPS completed the construction after filing the application. Thomas issued a draft decision granting the application and establishing a second phase to consider whether PPS should be fined or sanctioned. (12/1/00 a.m.) The commission withdrew the draft decision in order to conduct and complete the penalty phase before issuing a decision on the application. During the penalty phase, the commission will examine (1) why PPS constructed fiber optic facilities before obtaining PUC authorization or an environmental review and (2) whether the company violated the California Environmental Quality Act, commission rules, the public utilities code, or any other legal requirements. If the PUC determines that PPS violated the law or commission rules, the commission will decide whether and how the company should be penalized. Thomas said she will hold a March 28 prehearing conference if PPS requests one. If the company decides against the hearing, it must file a brief and its evidence by March 28. (Application no. 99-11-027, Application of Pacific Pipeline Systems LLC for Authorization Pursuant to Public Utilities Code Section 851 et seq. To Permit the Use of Certain Fiber Optic Telecommunications Facilities)
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