9. Assignment of Proceeding

John A. Bohn is the assigned Commissioner and Angela K. Minkin is the assigned ALJ in this proceeding.

1. The Commission is the lead agency under CEQA with respect to the environmental review of the project and preparation of the FEIR.

2. The Commission has conducted an environmental review of the project pursuant to CEQA.

3. The environmental documents were prepared to assess and analyze the environmental impacts of replacing 12,500 afy of long-term water supply on the Monterey Peninsula.

4. The FEIR consists of the DEIR, revised as appropriate to incorporate comments received by the Commission from the proponent, agencies, and the public, and the responses to comments.

5. The FEIR has been completed in accordance with CEQA Guidelines, Sections 15120 through 15132.

6. The FEIR accurately and comprehensively describes the proposed project at the Moss Landing Power Plant, the North Marina alternative, and the Regional Project, Phase 1, as well as the potential environmental impacts of the project and alternatives.

1. The notification procedures employed for this project are consistent with the requirements of CEQA.

2. The preparation and processing of the DEIR and the FEIR for the Coastal Water Project comply with the requirements of CEQA.

3. The contents of the FEIR comply with the requirements of CEQA and represent the Commission's independent judgment.

4. The FEIR should be certified for the project in accordance with CEQA.

5. Certification of the FEIR does not prejudge the Commission's final selection of the project or alternative.

6. The FEIR will be considered by the Commission before approval of the project or any alternatives.

7. This decision should be effective immediately.

ORDER

IT IS ORDERED that:

1. The Final Environmental Impact Report is certified as the Environmental Impact Report for the Coastal Water Project, which is the subject of this application, and is certified for use by the Commission and responsible agencies in considering subsequent approvals for the project, or for portions thereof.

2. This proceeding remains open to consider whether California-American Water Company should be granted a Certificate of Public Convenience and Necessity, and if so, whether the proposed project or an alternative project should be adopted.

This order is effective today.

Dated December 17, 2009, at San Francisco, California.

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