7. Environmental Review and EMF Compliance
CEQA requires that the Commission consider the environmental consequences before acting upon or approving the Project.6 Under CEQA, the Commission must act as either the Lead Agency or a Responsible Agency for project approval. The Lead Agency is the public agency with the greatest responsibility for supervising or approving the project as a whole.7 Here, the Commission is the lead agency. The actions and steps taken for environmental review of the Project, in accordance with GO 131-D and CEQA, are discussed below.
7.1. Proponent's Environmental Assessment
Pursuant to GO 131-D, Section IX.B.1.e, the Application must include a PEA. PG&E filed its PEA in this proceeding on July 9, 2009. This PEA describes the environmental setting, regulations, and Applicant Proposed Measures (APMs) for minimizing potential effects and evaluates potential environmental impacts that could result from construction and operation of the Project. With implementation of the APMs, the PEA finds that potential impacts would be less than significant. The PEA filed by PG&E contains a project description and maps and diagrams in Section 2.0.
PG&E's APMs were incorporated into the Proposed Project's design and construction plans to minimize potential environmental impacts.
7.2. Draft IS/MND
As the next step in the environmental review, the Commission's Energy Division reviewed the PEA and prepared an Initial Study (IS) to address the environmental issues related to the project. On August 6, 2009, the Energy Division informed PG&E by letter that the Application was deemed complete for purposes of reviewing environmental impacts, and began preparing an IS. Where potentially significant impacts were identified by the IS, additional mitigation measures were added by Energy Division , superseding or supplementing existing APMs to further reduce impacts to a less than significant level.8
On January 8, 2010, the Energy Division released for public review a Draft IS/Mitigated Negative Declaration (MND) for the Proposed Project. The Draft IS/MND found that approval of the Proposed Project will have no, or a less than significant, environmental impact in the following areas: aesthetics; greenhouse gases; land use; mineral resources; population and housing; public services; recreation; and utilities and service systems.
The Draft IS/MND also found that, with mitigation incorporated, approval of the project would result in no, or less than significant, impacts in the areas of: agricultural resources; air quality; biological resources; cultural resources; geology and soils; hazards and hazardous materials; hydrology and water quality; noise; and transportation and traffic.
7.3. Mitigation Monitoring Plan (MMP)
As required by CEQA, the Draft IS/MND included a MMP. The MMP describes the mitigation measures, specifically details how each mitigation measure will be implemented, and includes information on the timing of implementation and monitoring requirements. The Commission also uses the MMP as a guide and record of monitoring the utility's compliance with its provisions. PG&E has agreed to and shall comply with each measure and provision of the MMP. The Commission adopts the MMP as part of its approval of the Proposed Project.9
7.4. Electric and Magnetic Fields
The Commission has examined EMF impacts in several previous proceedings.10 We found the scientific evidence presented in those proceedings was uncertain as to the possible health effects of EMFs and we did not find it appropriate to adopt any related numerical standards. Because there is no agreement among scientists that exposure to EMF creates any potential health risk, and because CEQA does not define or adopt any standards to address the potential health risk impacts of possible exposure to EMFs, the Commission does not consider magnetic fields in the context of CEQA and determination of environmental impacts.
However, recognizing that public concern remains, we do require, pursuant to GO 131-D, Section X.A, that all requests for a PTC include a description of the measures taken or proposed by the utility to reduce the potential for exposure to EMFs generated by the Proposed Project. We developed an interim policy that requires utilities, among other things, to identify the no-cost measures undertaken, and the low-cost measures implemented, to reduce the potential EMF impacts. The benchmark established for low-cost measures is four percent of the total budgeted project cost that results in an EMF reduction of at least 15 percent (as measured at the edge of the utility right-of-way).
There are currently no applicable regulations related to EMF levels from power lines or substations. PG&E's proposed Transmission Magnetic Basic Field Management Plan states "there are no feasible no-cost EMF reduction measures that would be implementable for the proposed project"; however, there are low-cost measures that would be applied to priority residential areas.11 This plan proposes to raise the height of seven poles in the residential land use area by 10 feet. We adopt the proposed Transmission Magnetic Basic Field Management Plan and require PG&E to comply with it.
7.5. Public Notice and Review
On January 8, 2010, the Energy Division published a Notice of Intent to Adopt a MND (NOI), and released the Draft IS/MND for a 30-day public review and comment period.
The Draft IS/MND was distributed to federal, state and local agencies; property owners within 300 feet of the Proposed Project; and other interested parties (identified in the Draft IS/MND). A Public Notice of the Proposed Project also was published in the local newspaper, announcing the availability of the Draft IS/MND. The 30-day public review and comment period ended on February 8, 2010.
Comment letters on the Draft IS/MND were received from: the Cultural Preservation Consultant for the Santa Ynez Band of Mission Indians; the Executive Officer for Santa Barbara County; the attorney for applicant PG&E; and the Regional Manager for the California Department of Fish and Game. Those comments and the Commission's responses to those comments are contained in the Final MND.
7.6. Final MND
A Final MND was prepared pursuant to CEQA guidelines, and released by the Energy Division on March 16, 2010. The Final MND addresses all aspects of the Draft IS/MND, includes the comments received on the Draft IS/MND and the responses to those comments by the Lead Agency, and includes a final version of the MMP.
Although a few revisions were made to clarify and revise certain mitigation measures described in the Draft IS/MND, the Final MND does not identify any new significant environmental impacts, and does not omit any existing mitigation measures, from those identified in the Draft IS/MND. In response to PG&E's comments, three APMs were found to no longer be necessary for the project and, therefore, were removed from the MMP and the Final IS/MND. In response to the California Department of Fish and Game's comments, Table 3.5-4 in the Draft IS/MND was revised to include the amount and type of special-status species habitat to be impacted by project activities.
Before granting the Application, we must consider the Final MND.12 We have done so and find that the Final MND (which incorporates the Draft IS/MND) was prepared in compliance with and meets the requirements of CEQA. We further find that on the basis of the whole record, there is no substantial evidence that the Proposed Project will have a significant effect on the environment and that the Final MND reflects the Commission's independent judgments and analysis.13 We adopt the Final MND it in its entirety, and incorporate it by reference in this decision approving the Proposed Project.
The Final MND concludes that the Proposed Project will not have a significant adverse impact on the environment, because the mitigation measures described therein, and agreed to and incorporated by PG&E into the Proposed Project, will ensure that any potentially significant impacts that have been identified with the Proposed Project will remain at less than significant levels.
The IS/Draft MND and the Final MND are identified as reference exhibits A and B, respectively, and will be received into the record of this proceeding. The Final MND is available for inspection on the Commission's website at: http://www.cpuc.ca.gov/PUC/energy/Environment/.
6 California Code of Regulations, Title 14, Chapter 3 (CEQA Guidelines), Section 15050(b).
7 CEQA Guidelines, Section 15050(b).
8 See discussion in IS/MND at 2-30 through 2-44.
9 CEQA Guideline Section 15074(d).
10 See D.06-01-042 and D.93-11-013.
11 See Appendix D of PG&E's application, at 4.
12 CEQA Guideline Section 15004(a).
13 CEQA Guideline Section 15074(b).
