Michael R. Peevey is the assigned Commissioner and Jean Vieth is the assigned ALJ in this proceeding.
1. The Supplemental EIR (draft and final versions) for the El Casco Project conforms to the requirements of CEQA.
2. The proposed changes to Segments 2 and 4 of the approved project would have significant and unavoidable impacts on visual resources.
3. The Commission has reviewed and considered the information contained in the Supplemental Final EIR; the Commission used this information, together with the information in the Final EIR/Final Recirculated EIR, in deciding to approve the proposed changes to the approved project.
4. The Supplemental Final EIR reflects the Commission's independent judgment and analysis.
5. The CEQA Findings of Fact in Attachment A represent the independent findings of the Commission.
6. All mitigation identified in the Supplemental Final EIR can be accomplished by extending to the modified project the MMRCP adopted for the approved project. The Supplemental Final EIR does not require any entirely new type or kind of mitigation but requires that previously identified mitigation be applied to the project modifications.
7. Since the design changes do not introduce more electrical switchgear equipment or circuit breakers, which generate the GHG SF6, proposed changes to the project create no new, or substantially more severe, climate change impacts.
8. Since the energized subtransmission line will be further above ground level, given the two major features of the proposed, changed design - taller poles at some locations, and at others, a greater number of poles, which will reduce line sag -- EMF impacts should not increase and actually may be lessened.
9. The analysis supporting the statement of overriding considerations adopted in D.08-12-031 continues to be compelling. With respect to Segments 2 and 4, however, completion of the engineering design has shown that the conceptual design approved by D.08-12-031 is infeasible and must be revised.
10. The final engineering for Segments 2 and 4, together with the mitigations identified, appropriately modify the approved project to minimize significant environmental impacts where possible.
11. Utilizing the identification system adopted in D.08-12-031, the following additional reference exhibits should be identified and received into the record of this proceeding: Reference Exhibit F - Supplemental Draft Environmental Impact Report, issued November 30, 2011; Reference Exhibit G - Supplemental Final Environmental Impact Report, issued February 17, 2012.
1. SCE's petition complies with the requirements of Rule 16.4(b) and Rule 16.4(d) of the Commission's Rules of Practice and Procedure.
2. The Supplemental Final EIR was completed in compliance with CEQA and should be certified.
3. The CEQA Findings of Fact in Attachment A should be adopted in their entirety.
4. The proposed design modifications are consistent with the Commission's EMF policy for implementing no-cost and low-cost measures to reduce potential EMF impacts.
5. SCE petition should be granted and the design modifications proposed for the project should be approved, subject to the mitigation measures set forth in the Supplemental Final EIR.
6. To the extent necessary, overriding considerations should be found to exist to approve the design modifications proposed for the project.
7. This order should be effective immediately.
8. A.07-02-022 should be closed.
ORDER
IT IS ORDERED that:
1. Consistent with these Ordering Paragraphs, the Petition for Modification filed on August 29, 2011, by Southern California Edison Company (SCE) is granted and Decision 08-12-031 is modified to authorize SCE to construct the El Casco System Project (El Casco Project) in accordance with the design modifications reviewed in the Supplemental Final Environmental Impact Report (EIR) for the El Casco Project, subject to all mitigations identified in the Supplemental Final EIR.
2. The Supplemental Draft Environmental Impact Report (EIR) is received into the record of this proceeding as Reference Exhibit F and the Supplemental Final EIR is received into the record of this proceeding as Reference Exhibit G.
3. The Supplemental Final Environmental Impact Report (EIR), which modifies the Final EIR/Recirculated Final EIR, is certified pursuant to the requirements of the California Environmental Quality Act, Pub. Res. Code §§ 21000 et seq.
4. Attachment A, entitled "CPUC CEQA Findings of Fact" is adopted in its entirety.
5. Application 07-02-022 is closed
This order is effective today.
Dated March 22, 2012, at San Francisco, California.
MICHAEL R. PEEVEY
President
TIMOTHY ALAN SIMON
MICHEL PETER FLORIO
CATHERINE J.K. SANDOVAL
MARK J. FERRON
Commissioners