13. Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Sarah R. Thomas is the assigned ALJ in this proceeding.

Findings of Fact

1. The project outlined in A.05-12-011 and not already approved pursuant to D.06-10-047, will not have significant environmental impacts that cannot be mitigated, with one exception along Highway 97.

2. In the case of the single significant and unmitigable impact along Highway 97, overriding considerations require approval of the project.

3. The project outlined in A.07-01-046 will not have a significant environmental impact that cannot be mitigated.

4. The MMRCP, included as part of FEIR, specifically describes the mitigation measures to be taken.

5. All but one of the environmental impacts identified in the FEIR for the environmentally superior alternative can be avoided or reduced to less than significant levels by mitigation measures.

6. The projects are necessary to meet growth and reliability needs in the Yreka and Weed areas.

7. The Commission has considered the FEIR in determining to approve the projects.

Conclusions of Law

1. The FEIR, consisting of the DEIR and FEIR, has been processed and completed in compliance with the requirements of CEQA.

2. PacifiCorp's applications for a PTC for the project outlined in A.05-12-011 and not already approved pursuant to D.06-10-047, and the project outlined in A.07-01-046, should be approved, subject to the Mitigation Monitoring, Reporting and Compliance Program included in the FEIR.

3. Pursuant to Section 15093 of the State of California CEQA Guidelines, we should adopt a Statement of Overriding Considerations for the significant and unmitigable visual impact presented by the project in A.05-12-011 along Highway 97. The benefits of the projects outweigh the adverse impacts and that the project should be approved. The Commission specifically finds that there are specific social, economic and other reasons for approving both projects, that there is substantial evidence in the record to determine that the benefits of the projects outweigh the adverse impacts, and that the projects should be approved.

4. Possible exposure to EMFs has been reduced by the no-cost and low-cost measures included in the projects, as set forth in Section 2.9 of the DEIR and incorporated into the FEIR, pursuant to D.93-11-013 and D.06-01-042.

5. Because of the need for timely action, today's decision should be made effective immediately.

ORDER

IT IS ORDERED that:

1. PacifiCorp's application for a permit to construct (PTC) the project outlined in Application (A.) 05-12-011 and not already approved pursuant to Decision (D.) 06-10-047 is hereby approved as set forth below.

2. PacifiCorp's application for a PTC for the project outlined in A.07-01-046 is hereby approved as set forth below.

3. The Final Environmental Impact Report (FEIR) related to the applications in this proceeding, consisting of both the Draft EIR and FEIR, is adopted pursuant to the requirements of the California Environmental Quality Act (CEQA).

4. The FEIR, consisting of the DEIR and FEIR, is identified as Exhibit 301, and is received into evidence on the date it was issued by the Commission.

5. The Mitigation Monitoring, Reporting and Compliance Program (MMRCP) included in the FEIR and attached hereto as Appendix A is adopted, and compliance with the MMRCP is an express condition of the approvals we grant herein.

6. Pursuant to Section 15093 of the State of California CEQA Guidelines, we adopt a Statement of Overriding Considerations for the significant and unmitigable visual impact presented by the project in A.05-12-011 along Highway 97.

7. PacifiCorp is authorized to construct the power lines and associated substation modifications identified and described in this decision, subject to PacifiCorp's written agreement to abide by the mitigation measures described in the FEIR and MMRCP to avoid or mitigate the reasonably foreseeable adverse environmental effects of the project.

8. PacifiCorp shall implement the no-cost and low-cost EMF mitigation set forth in Section 2.9 of the DEIR and incorporated into the FEIR, attached hereto as Appendix B.

9. The Executive Director shall supervise and oversee construction of the projects approved herein by monitoring and enforcing the mitigation conditions described in the FEIR and MMRCP. The Executive Director may delegate his duties to one or more Commission staff members or outside staff. The Executive Director is authorized to employ staff independent of the Commission staff to carry out such functions, including, without limitation, the on-site environmental inspection, environmental monitoring, and environmental mitigation supervision of the construction of the project. Such staff may be individually qualified professional environmental monitors or may be employed by one or more firms or organizations. In monitoring the implementation of the environmental mitigation measures described in the FEIR, the Executive Director shall attribute the acts and omissions of PacifiCorp's employees, contractors, subcontractors, or other agents to PacifiCorp.

10. PacifiCorp shall comply with all orders and directives of the Executive Director concerning implementation of the environmental mitigation measures described in the FEIR.

11. The Executive Director shall not authorize PacifiCorp to commence actual construction until PacifiCorp has entered into a cost reimbursement agreement with the Commission for the recovery of the costs of the mitigation monitoring program described in the FEIR, including, but not limited to, special studies, outside staff, or Commission staff costs directly attributable to mitigation monitoring. The Executive Director is authorized to enter into an agreement with PacifiCorp that provides for such reimbursement on terms and conditions consistent with this decision in a form satisfactory to the Executive Director. The terms and conditions of such agreement shall be deemed conditions of approval of the application to the same extent as if they were set forth in full in this decision.

12. The Commission project manager (Energy Division, Transmission and Environmental Permitting Section) shall have the authority to issue a Stop Work Order on the entire project, or portions thereof, for the purpose of ensuring compliance with the mitigation measures described in the FEIR. Construction may not resume without a Notice to Proceed issued by the Transmission and Environmental Permitting Section of the Energy Division.

13. PacifiCorp's right to construct the projects as set forth in this decision shall be subject to all other necessary state and local permitting processes and approvals.

14. PacifiCorp shall file a written notice of its agreement with the Commission, served on all parties to this proceeding, executed by a duly authorized officer of PacifiCorp, as evidenced by a resolution of its board of directors duly authenticated by a secretary or assistant secretary of PacifiCorp, to acknowledge PacifiCorp's acceptance of the conditions set forth in this order. Failure to file such notice within 75 days of the effective date of this decision shall result in the lapse of the authority granted by this decision.

15. The Executive Director shall file a Notice of Determination for the projects approved herein as required by the CEQA and the regulations promulgated pursuant thereto.

16. We ratify the ruling of the assigned Commissioner requiring the projects in A.05-12-011 and A.07-01-046 to be consolidated and evaluated together under CEQA.

17. A.05-12-011 and A.07-01-046 are closed.

This order is effective today.

Dated December 6, 2007, at San Francisco, California

D0712018 Appendix A

D0712018 Appendix B

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