4. Requirements for Preparation and Review of a Supplemental EIR

CEQA Guideline §15162(a) requires a lead agency to prepare a subsequent or supplemental EIR in the following situations:

· An EIR has been certified for a project;

· An agency has additional discretionary authority over the project;

· The later action concerns the same project; and

· One of the following circumstances occurs --

o substantial changes in a project would result in new or worsened significant environmental impacts, or

o substantial changes in circumstances would result in new or worsened significant impacts, or

o new information of substantial impact shows that:

_ the project will have new or worsened significant effects, or

_ mitigation measures or alternatives previously infeasible are now feasible but the project proponent declines to adopt them.

When only minor additions or changes to the prior EIR will enable it to apply adequately to a changed project, preparation of a supplemental EIR is appropriate. CEQA Guideline § 15163(b) specify that a supplement need only contain that level of detail. Here, minor changes to the EIR certified by D.08-12-031 permit it to adequately address the substantial changes that the final engineering design requires in Segments 2 and 4 of the 115 kV subtransmission line.

A supplement must be given the same kind of notice and public review as the EIR (CEQA Guideline § 15163(c)) and may be circulated by itself, without recirculation of the prior EIR (CEQA Guideline § 15163(d)). When the agency decides whether to approve the project, however, the agency must consider the previous EIR as revised by the supplemental EIR (CEQA Guideline § 15163(e)). Thus, here our consideration extends to the Final EIR/Recirculated Final EIR certified by D.08-12-031.