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 (CEQA) as it applies to jurisdictional telecommunications utilities.

Rulemaking 00-02-003
(Filed February 3, 2000)

ASSIGNED COMMISSIONER AND 
ADMINISTRATIVE LAW JUDGE’S RULING 

This ruling identifies the entities that filed comments in the above-captioned rulemaking and requires them to serve those comments on the list attached to this ruling.  This ruling also sets a date by which parties may file reply comments and allows parties to file additional comments on new questions contained in this ruling.  Finally, this ruling provides instruction on how interested persons can be placed on the service list for this proceeding. 
Background
On February 3, 2000, the Commission opened the above-captioned rulemaking to determine whether and how to revise the Commission’s practices and policies for implementing the California Environmental Quality Act as it pertains to telecommunications carriers.  The order was served on a lengthy list of current telecommunications carriers and the service lists for Rulemaking (R.) 93-04-003 (Open Access and Network Architecture Development) and R.95‑04-043 (Local Competition).  In this new rulemaking, the Commission solicited comments by March 15, 2000 to eight questions regarding the Commission’s existing practices with regard to environmental review of telecommunications carriers’ construction activities.  Attachment A to this ruling lists all entities that filed comments as of March 15, 2000 as well as other parties that have written the Commission expressing an interest in this rulemaking.
Serving of Comments
According to many of the comments filed, the entities that filed comments did not serve their comments on anyone else.  In order for all entities that filed comments to review the complete set of filings, the entities that filed comments on March 15, 2000 should serve their comments on the other entities identified in Attachment A to this ruling within seven days from the date of this ruling.  Service may be performed by standard mail or e-mail (if an e-mail address is included).  Parties are asked to forward an electronic microsoft word version of their comments within seven days from this ruling to klw@cpuc.ca.gov for posting on the Commission’s web site.
Attachment A is considered a temporary service list for this rulemaking until a more complete list can be established through the process defined below.  The entities that filed comments as of March 15 and the “other interested parties” are designated as “party” status, meaning they intend to participate in the proceeding.  Other entities listed in Attachment A are given “information only” status to monitor the proceeding.
Service List Instructions
Any person or representative of an entity interesting in monitoring or participating in this rulemaking should send a letter by May 8, 2000 to the Commission’s Process Office requesting that his or her name be placed on the service list for R.00-02-003.  The letter should indicate the following:

Name:
Firm:
Street:
City, State and Zip Code:
Telephone:
E-mail:
Fax:
Name of entity you are representing:
Whether you plan to participate in the rulemaking as either: 
(1)  an appearance (party status)
(2)  state service (non-party)
(3)  information only (non-party)	

All persons or representatives of an entity that wish to monitor or participate in this rulemaking and that are not already listed in Attachment A must follow this procedure to remain on the list, even if they were included in the initial mailing of the rulemaking or this ruling.  A service list will then be created and posted on the PUC web site (www.cpuc.gov) by May 15, 2000, and distributed shortly thereafter to all parties so that it may be used for the service of reply comments as discussed below.  If parties are interested in participating in any aspect of this proceeding and are unfamiliar with Commission procedures, they should contact the Commission’s Public Advisor’s Office at (415) 703-2074. 
Reply Comments and Additional Questions for Comment 
Parties are invited to file reply comments to the opening comments filed in this rulemaking.  In addition, parties are invited to file additional comments on the following questions that emerged following review of the opening round of comments:
1.	How might the Commission modify the existing authority of incumbent telecommunications carriers to require such carriers to submit to environmental review under the Commission’s authority for any construction projects that were not contemplated or in existence at the time the Commission initially granted the carrier its authority to operate? (Incumbent carrier refers to any local exchange carrier (LEC), competitive local carrier (CLC) or interexchange carrier (IEC) currently holding a CPCN, franchise or permit to operate from this Commission as of the date of this ruling).

2.	Are there any legal or practical impediments to the Commission accomplishing the modifications suggested in question 1? 

In responding to these additional questions, parties should consider whether a change to an existing Commission decision is proposed. If a party believes that there should be an evidentiary hearing in this proceeding, then the party should request such a hearing and specify exactly and in detail the factual issues in dispute that would necessitate an evidentiary hearing. 
The deadline for filing reply comments and additional comments on the questions shown above is May 22, 2000.  Parties may file replies on the additional questions by June 5, 2000.  All submittals should be filed with the Commission’s Docket Office and served by mail or e-mail on the service list described above.  Parties should also send an e‑mail copy to assigned Administrative Law Judge Dorothy Duda at dot@cpuc.ca.gov.
IT IS RULED that:
1.	  Within seven days from the date of this ruling, the entities identified in Attachment A to this ruling should serve a copy of the March 15, 2000 opening comments filed in this rulemaking as described in this ruling and forward an electronic version to klw@cpuc.ca.gov.
2.	  Attachment A will serve as a temporary service list for this rulemaking until a new list is posted on the Commission’s web site (www.cpuc.ca.gov) by May 15, 2000.
3.	  Any person or entity not listed in Attachment A that wants to be placed on the service list for this proceeding shall notify the Commission’s Process Office in writing by May 8, 2000 per the instructions in the body of this ruling.
4.	  Parties may file replies to the March 15 comments and additional comments on the questions contained in this ruling by May 22, 2000 and should serve their comments by mail or e-mail on the service list for this proceeding, with an electronic copy to assigned Administrative Law Judge Dorothy Duda at dot@cpuc.ca.gov.
5.	  Parties may file reply comments to the additional questions contained in the ruling by June 5, 2000.
Dated April 27, 2000, at San Francisco, California.

Loretta Lynch
Assigned Commissioner

Dorothy Duda
Administrative Law Judge

ATTACHMENT A
Page 1

Temporary Service List
R.00-02-003

Parties that filed comments as of March 15, 2000:

Randolph W. Deutsch
AT&T COMMUNICATIONS OF CALIFORNIA, INC.
795 Folsom Street, Room 2149
San Francisco, CA  94107
(415) 442-5560
deutsch@att.com

Kathryn A. Fugere
GOODIN, MACBRIDE, SQUERI, RITCHIE & DAY, LLP
505 Sansome Street, Suite 900
San Francisco, CA  94111
(415) 392-7900
kfugere@gmssr.com
For:  California Association of Competitive Telecommunications Carriers
For:  Williams Communications, Inc.

Michael B. Day
GOODIN, MACBRIDE, SQUERI, RITCHIE & DAY
505 Sansome Street, Suite 900
San Francisco, CA  94111
(415) 392-7900
For:  Cellular Carriers Association of California

Barbara Snider
CITIZENS COMMUNICATIONS
9342 W. Stockton Blvd.
Suite 100
Elk Grove, CA  95758
(916) 691-5550

Lori D. Panzino
COUNTY OF SAN BERNARDINO
157 West Fifth Street, 2^nd Floor
San Bernardino, CA  92415-0450
(909) 387-5967
ATTACHMENT A
Page 2

Lee Burdick
PRIMA LEGAL SERVICES
3217 Broadway, Suite 350
Redwood City, CA  94063
(650) 261-0500
For:  Cox California Telcom, LLC

Theodore N. Gilliam
GST TELECOM INC.
4001 Main Street
Vancouver, WA  98663
(360) 356-7137

Elaine M. Duncan
GTE CALIFORNIA INC
711 Van Ness Avenue, Suite 300
San Francisco, CA  94102
(415) 474-0468

Francine Demos
Kenneth Bogdan
JONES & STOKES ASSOCIATES, INC.
2600 V Street, Suite 100
Sacramento, CA  95818-1914
(916) 737-3000

Louise H. Renne
City Attorney, City and County of San Francisco
City Hall Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, CA  94102-4682
(415) 554-4700
For:  LEAGUE OF CALIFORNIA CITIES

Jennifer L. Hernandez
BEVERIDGE & DIAMOND LLP
One Sansome Street, Suite 3400
San Francisco, CA  94104
(415) 397-0100
For:  Level (3) Communications
ATTACHMENT A
Page 3

Robert Munoz
MCI WORLDCOM
201 Spear Street, 9^th Floor
San Francisco, CA  94109
(415) 228-1135
Robert.Munoz@wcom.com

Mark P. Schreiber
Sean P. Beatty
COOPER, WHITE & COOPER LLP
201 California Street, 17^th Floor
San Francisco, CA  94111
(415) 433-1900
sbeatty@cwclaw.com
For:  Metromedia Fiber Network Services, Inc.

Patrick Whitnell
Attorney at Law
MEYERS, NAVE, RIBACK SILVER & WILSON
777 Davis Street, Suite 300
San Leandro, CA  94577
(510) 351-4300
pcw@meyersnave.com

David P. Discher
PACIFIC BELL TELEPHONE COMPANY
140 New Montgomery Street, 15^th Floor
San Francisco, CA  94105
(415) 542-7747

Betsy Stover Granger
PACIFIC BELL WIRELESS
4420 Rosewood Drive, 4^th Floor
Pleasanton, CA  94588
(925) 227-3140
bgranger@pacbell.mobile.com

ATTACHMENT A
Page 4

Erich F. Lichtblau
O’MELVENY & MYERS LLP
Embarcadero Center West
275 Battery Street, Suite 2600
San Francisco, CA  94111
(415) 984-8700
For:  QWEST Communications

Michael B. Wigmore
Christopher R. Day
SWIDLER BERLIN SHEREFF FRIEDMAN LLP
3600 K Street NW, Suite 300
Washington, DC  20007
(202) 424-7500
mbwigmore@swidlaw.com
For:  RCN Telecom Services Inc and PF.NET Network Services Corp

Jeffrey M. Parrot
Attorney
SEMPRA ENERGY
101 Ash Street
San Diego, CA  92101
(619) 699-5063

Jeffrey F. Beck
BECK & ACKERMAN
Four Embarcadero Center, Suite 760
San Francisco, CA  94111
(415) 263-7300
For:  Small LECs

Thomas K. Braun
SOUTHERN CALIFORNIA EDISON COMPANY
P.O. Box 800
2244 Walnut Grove Avenue
Rosemead, CA  91770
(626) 302-4413

ATTACHMENT A
Page 5

Michael J. Thompson
WRIGHT & TALISMAN 
1200 G Street, NW, Suite 600
Washington, DC  20005
(202)-393-1200
thompson@wrightlaw.com
For:  Tejon Ranch Company

David A. Simpson
Andrew Ulmer
MBV LAW LLP
101 Vallejo Street
San Francisco, CA  94111
(415) 781-4400
For:  Teligent Services Inc.

Stephen P. Bowen
Anita Taff-Rice
BLUMENFELD & COHEN
Four Embarcadero Center, Suite 1170
San Francisco, CA  94111
(415) 394-7500
steve@technologylaw.com
For:  Worldwide Fiber Networks, OnFiber Carrier Services, and Cmetric

Other parties who have expressed interest in R.00-02-003:

Ellen Carroll
Environmental Coordinator
COUNTY OF SAN LUIS OBISPO
Department of Planning and Building
County Government Center
San Luis Obispo, CA  93408
(805) 781-5600

ATTACHMENT A
Page 6

Mary E. Wand
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA  94105
(415) 268-7000
mwand@mofo.com
For:  Global Photon Systems Inc. and Global West Network Inc.

Steven A. Weissman
JEFFER, MANGELS, BUTLER & MARMARO LLP
One Sansome Street, 12^th Floor
San Francisco, CA  94104
(415) 984-9639
saw@jmbm.com
For:  Wilshire Connection

Raissa S. Lerner
Deputy Attorney General
Office of the Attorney General
1515 Clay Street, 20^th Floor
Oakland, CA  94612
(510) 622-2131
lernerr@hdcdojnet.state.ca.us

FOR INFORMATION ONLY:

David J. Marchant
Jane Whang
DAVIS WRIGHT TREMAINE LLP
One Embarcader Center, Suite 600
San Francisco, CA  94111
(415) 276-6568
davidmarchant@dwt.com

ATTACHMENT A
Page 7

Barry Ross
Executive Vice President
CALIFORNIA TELEPHONE ASSOCIATION
1851 Heritage Lane, Suite 255
Sacramento, CA  95815-4923

Robert Townsend
PAC-WEST TELECOM, INC.
4210 Coronado Avenue
Stockton, CA  95204
(209) 926-4272

Paul Stein
THE UTILITY REFORM NETWORK
711 Van Ness Avenue, Suite 350
San Francisco, CA  94102
(414) 928-8876
pstein@turn.org

Michael Shames
UTILITY CONSUMERS’ ACTION NETWORK
1717 Kettner Blvd., Suite 105
San Diego, CA  92101-2532
(619) 695-6966
mshames@ucan.org

FOR STATE SERVICE:

Barbara Ortega
Executive Division
320 West Fourth Street, Suite 500
Los Angeles, CA  90013
(213) 576-7070

Audra Hartmann
Legal Division
770 L Street, Suite 1050
Sacramento, CA  95814
(916) 327-1417

ATTACHMENT A
Page 8

Peter Allen
Legal Division
505 Van Ness Avenue, Room 5130
San Francisco, CA  94102
(415) 703-1471

Ourania Vlahos
Legal Division
505 Van Ness Avenue, Room 5125
San Francisco, CA  94102
(415) 703-2387

Fred Harris
Legal Division
505 Van Ness Avenue, Room 5122
San Francisco, CA  94102
(415) 703-1557

Diana Lee
Legal Division
505 Van Ness Avenue, Room 4300
San Francisco, CA  94102
(415) 703-4342

John Boccio
Energy Division
505 Van Ness Avenue, Room 4A
San Francisco, CA  94102
(415) 703-2641

(END OF ATTACHMENT A)

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Assigned Commissioner and Administrative Law Judge’s Ruling on all parties of record in this proceeding or their attorneys of record.
Dated April 27, 2000, at San Francisco, California.

Fannie Sid

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA  94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.