6. Commission's Scoping Memo
and Application

While the Commission evaluated the environmental aspects of the Proposed Project under CEQA and other applicable laws, the Commission also initiated the process to identify the issues to be considered in Application 08-01-029. On July 14, 2009, the assigned Commissioner issued a scoping memo and ruling and determined the following issues to be within the scope of the proceeding:

1. What are the significant environmental impacts of the proposed project?

2. Are there potentially feasible mitigation measures that will eliminate or lessen the significant environmental impacts?

3. As between the proposed project and the project alternatives, which is environmentally superior?

4. Are the mitigation measures or project alternatives infeasible? (CEQA Guidelines § 15091(a)(3).)

5. To the extent that the proposed project and/or project alternatives result in significant and unavoidable impacts, are there overriding considerations that nevertheless merit Commission approval of the proposed project or project alternative? (CEQA Guidelines § 15093.)

6. Was the EIR completed in compliance with CEQA, did the Commission review and consider the EIR prior to approving the project or a project alternative, and does the EIR reflect the Commission's independent judgment? (CEQA Guidelines § 15090.)

7. Is the proposed project and/or project alternative designed in compliance with the Commission's policies governing the mitigation of EMF effects using low-cost and no-cost measures? (GO 131-D, Sec. X.A.)