Decision 11-04-034 April 14, 2011
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of the Southern California Edison Company (U 338 E) for a Certificate of Public Convenience and Necessity for the Eldorado-Ivanpah Transmission Project. |
Application 09-05-027 (Filed May 28, 2009) |
ORDER MODIFYING DECISION (D.) 10-12-052, AND DENYING
REHEARING OF THE DECISION AS MODIFIED
Decision (D.) 10-12-052 (or "Decision") involves the Eldorado-Ivanpah Transmission project ("EITP"), which is to be located in San Bernardino County, California and Clark County Nevada. This area is often referred to as the Ivanpah Dry Lake Area. D.10-12-052 grants Southern California Edison Company ("SCE") a certificate of public convenience and necessity ("CPCN") for the EITP, using the Environmentally Preferred Route, as identified in the Joint Final Environmental Impact Report/Environmental Impact Statement ("EIR").1 The EITP will be constructed in order to access renewable generation near the Southern California-Nevada border. Specifically, the project is intended to provide electrical facilities necessary to integrate up to 1,400 megawatts ("MW") of new renewable generation from the Ivanpah Dry Lake Area, and will be configured to allow for future network upgrades to further increase renewable resource integration beyond 1,400 MW. EITP will primarily consist of:
(1) the construction of a new 220/115 kV substation, the Ivanpah Substation, in
the Ivanpah Dry Lake Area; (2) removal of 35 miles of an existing 115 kV transmission line between the new Ivanpah Substation and the existing Eldorado Substation, and the construction of a double circuit 220 kV line within expanded rights of way; and (3) construction of two separate telecommunication routes to support redundant telecommunications for a Special Protection System.
The Center for Biological Diversity ("CBD") and Western Watersheds Project ("WWP") timely filed applications for rehearing, challenging the lawfulness of D.10-12-052. BrightSource Energy Inc. ("BrightSource") and First Solar, Inc. ("First Solar") jointly filed a response to both rehearing applications, as did SCE.
In its rehearing application, CBD: (1) attempts to introduce new material, that is not in the record, to support a claim that the EIR did not properly address cumulative impacts; (2) alleges that we erred in concluding that the project is needed under Public Utilities Code Section 399.2.5;2 and (3) asserts, based on a short list of claims, that our Decision was based on inadequate environmental review in violation of the California Environmental Quality Act ("CEQA").
In its rehearing application, WWP, too, attempts to introduce new material in order to challenge the cumulative impacts analysis. WWP also provides a short,
four-item list of ways in which it claims EIR failed to properly respond to matters raise by parties in the letters they submitted containing comments on the draft EIR ("Comment Letters").
We have reviewed the allegations raised in the applications for rehearing filed by CBD and WWP, to the extent those allegations are clear and properly supported.
We are of the opinion that that these allegations do not demonstrate error, although, for
the purposes of clarification, we will modify pages 26 to 32 of the Decision, and Findings of Fact Nos. 11 and 14. Therefore, rehearing of D.10-12-052, as modified, is denied.
I. DISCUSSION
A. Issues Related to Commission Approval
1 SCE's estimated costs for the proposed construction are approximately $306 million plus contingency and other related expenses. D.10-12-052 found the cost of the line, subject to a reduction in the proposed contingency amount is reasonable. D.10-12-052 adopted a cost cap in the amount of $306.338 plus a 15% contingency. (See D.10-12-052, pp. 45-48.)
2 Hereinafter, all references are to the Public Utilities Code unless otherwise specified.
