IT IS ORDERED that:
1. The motion by the City of South San Francisco and Concerned Businesses East of Highway 101 requesting recirculation of the Final Environmental Impact Report (FEIR) is denied.
2. Official notice is taken of information on the website of the California Energy Commission (CEC) indicating that the City and County of San Francisco filed an Application for Certification on March 18, 2004 (CEC Docket No. 04-AFC-1) for three combustion turbines.
3. A Certificate of Public Convenience and Necessity is granted to Pacific Gas and Electric Company (PG&E) to construct a 230 kV transmission line in the County of San Mateo from PG&E's existing Jefferson substation to its existing Martin substation and associated substation upgrades.
4. PG&E shall, as a condition of approval, build the project in accordance with the following route:
Beginning at the Jefferson substation, the project shall be constructed along a hybrid route commencing with Route Option 1B in the southernmost segment; with PG&E authorized to determine which of five identified options for crossing Crystal Springs Dam to utilize based on the timing of project construction and the preferences of the SFPUC, the County of San Mateo, and the U.S. Fish and Wildlife Service; and transitioning to an overhead configuration at a new transition structure sited at the location of existing tower 11/70;
From the new transition structure, the transmission line shall be constructed as proposed in PG&E's Proposed Project until the line transitions underground at a new Glenview Drive transition tower located on a roadway divider between Glenview Drive and Skyline Boulevard west of an existing water tank, on land owned by Caltrans;
From the new Glenview Drive transition tower, the line shall be constructed in an underground configuration along Glenview Drive to its intersection with San Bruno Avenue where it shall travel east down San Bruno Avenue; and
From San Bruno Avenue, the line shall be constructed consistent with PG&E's proposed underground route in the northern segment, modified to include Route Option 4B rather than Route Option 4A, to the Martin substation.
5. PG&E shall, as a condition of approval, build the project with use of Mitigation Measure T-9a at the discretion of the City of San Bruno.
6. PG&E shall, as a condition of approval, comply with all applicable mitigation measures specified in Appendix B attached hereto, as directed by the Commission's Executive Director or his designee(s). PG&E shall work with the Commission's Energy Division to create detailed maps for use in construction and mitigation monitoring.
7. Modifications to PG&E's preliminary electric and magnetic field (EMF) plan for the Jefferson-Martin project are adopted as described in Section VI.C of this order.
8. PG&E shall, as a condition of approval, build the project in accordance with its preliminary electric and magnetic field (EMF) management plan as modified consistent with Section VI.C of this order.
9. Pursuant to Pub. Util. Code § 1005.5, the maximum cost determined to be reasonable and prudent for the Jefferson-Martin project is $206,988,000, subject to modification if the approved northern route is altered.
10. Once PG&E has developed a final detailed engineering design-based construction estimate for the adopted route, if this estimate is one percent or more lower than the adopted maximum reasonable and prudent cost determined pursuant to Pub. Util. Code § 1005.5, PG&E must, within 30 days, show cause why the Commission should not adopt a lower amount as the maximum reasonable and prudent cost to reflect the final estimate.
11. PG&E shall, prior to commencing construction, submit a detailed EMF mitigation plan for approval of the Commission's Energy Division. The plan shall describe in detail each mitigation element, the cost of each element, and the percentage by which that mitigation will reduce EMF levels.
12. The Executive Director shall supervise and oversee construction of the project insofar as it relates to monitoring and enforcement of the mitigation conditions described in the FEIR as modified by Appendix A to this decision. The Executive Director may delegate his duties to one or more Commission staff members or outside staff. The Executive Director is authorized to employ staff independent of the Commission staff to carry out such functions, including, without limitation, the on-site environmental inspection, environmental monitoring, and environmental mitigation supervision of the construction of the project. Such staff may be individually qualified professional environmental monitors or may be employed by one or more firms or organizations. In monitoring the implementation of the environmental mitigation measures described in the FEIR as modified by Appendix A, the Executive Director shall attribute the acts and omissions of PG&E's employees, contractors, subcontractors, or other agents to PG&E. PG&E shall comply with all orders and directives of the Executive Director concerning implementation of the environmental mitigation measures described in Appendix B.
13. PG&E's right to construct the project as set forth in this decision shall be subject to all other necessary state and local permitting processes and approvals.
14. PG&E shall file a written notice with the Commission, served on all parties to this proceeding, of its agreement, executed by an officer of PG&E duly authorized (as evidenced by a resolution of its board of directors duly authenticated by a secretary or assistant secretary of PG&E) to acknowledge PG&E's acceptance of the conditions set forth in the Ordering Paragraphs of this decision. Failure to file such notice within 75 days of the effective date of this decision shall result in the lapse of the authority granted by this decision.
15. The Final Environmental Impact Report and the Addendum in Appendix A for the Jefferson-Martin project are certified.
16. The Executive Director shall file a Notice of Determination for the project as required by the California Environmental Quality Act and the regulations promulgated pursuant thereto.
17. Upon satisfactory completion of the project, a notice of completion shall be filed with the Executive Director by the Energy Division.
18. The motion of 280 Citizens to reopen the record for receipt of five photographs included in its comments on the proposed decision is denied.
19. The Petition to Intervene of the San Bruno Mountain Coalition is denied.
20. This proceeding is closed.
This order is effective today.
Dated August 19, 2004, at San Francisco, California.
MICHAEL R. PEEVEY
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
I reserve the right to file a concurrence.
/s/ MICHAEL R. PEEVEY
I reserve the right to file a concurrence.
/s/ CARL W. WOOD
I reserve the right to join Commissioner Wood's concurrence.
/s/ SUSAN P. KENNEDY
Stephan C. Volker
Louis G. Leonard Iii
Zachary R. Walton
(END OF ATTACHMENT A)
D0408046/A0209043 Appendix A
D0408046/A0209043 Appendix B