7. Overriding Considerations

Pursuant to CEQA Guidelines §§ 15043 and 15093, the Commission may approve a project that results in significant and unavoidable impacts only upon a finding that overriding considerations exist.

D.08-12-031 approved the El Casco Project as the environmentally superior alternative in the Recirculated Final EIR, adopted a statement of overriding considerations, and certified the Final EIR/Recirculated Final EIR. In that statement of overriding considerations the Commission observed that none of the proposals was without unmitigable significant environmental impacts: "Any choice of alternative before the Commission, including making no choice, will lead to some significant environmental impact that cannot be mitigated." (D.08-12-031 at 23.) The Commission's analysis then factored in the undisputed need for the subtransmission line upgrade: "The present network configuration is prone to interruptions, and capacity is nearly exceeded today. Even with the economic slowdown, there is no substantive evidence that there will be no growth or a decline in demand. Therefore, some project is needed." (Id.)

This analysis continues to be compelling. We acknowledge the continued existence of the benefits the Commission found in D.08-12-031. With respect to Segments 2 and 4, however, completion of final engineering has shown that the conceptual design approved by D.08-12-031 is infeasible and must be revised. The final engineering proposed for the El Casco Project, together with the mitigations identified for Segments 2 and 4, appropriately modifies the approved project to minimize significant environmental impacts where possible. Thus, in light of all of these considerations and to the extent necessary, we find that there are overriding considerations that support our adoption of the proposed modifications to the El Casco Project. Each benefit set forth above and throughout this decision, and D.08-12-031, constitutes an overriding consideration approving the design modifications for the El Casco Project independent of the other benefits, despite each and every significant unavoidable impact.