4. California Environmental Quality Act

The California Environmental Quality Act (CEQA) requires that public agencies prepare an environmental impact report whenever the discretionary approval of a proposed project may cause significant adverse impacts on the environment.¹² Certain classes of activities have been determined not to have a significant effect on the environment and are exempt from CEQA.¹³ One of these categorical exemptions applies to the operation and maintenance of existing electric power generation facilities. We believe the clarifications and modifications adopted herein are exempt from CEQA since they pertain to the operation at existing electric power generating facilities.¹⁴ Moreover, to the extent they apply to a new facility (e.g., beginning operation in Summer 2004 or Summer 2005), that facility has been or will be subject to applicable CEQA review when development of the facility is undertaken or proposed.