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)