O R D E R
IT IS ORDERED that:
1. The motion by the City of South San Francisco and Concerned Businesses East of Highway 101 requesting recirculation of the Final Environmental Impact Report (FEIR) is denied.
2. Official notice is taken of information on the website of the California Energy Commission (CEC) indicating that the City and County of San Francisco filed an Application for Certification on March 18, 2004 (CEC Docket No. 04-AFC-1) for three combustion turbines.
3. A Certificate of Public Convenience and Necessity is granted to Pacific Gas and Electric Company (PG&E) to construct an underground 230 kV transmission line in the County of San Mateo from PG&E's existing Jefferson substation to its existing Martin substation and associated substation upgrades.
4. PG&E shall, as a condition of approval, build the project in accordance with the hybrid southern route using Route Option 1B between the Jefferson substation and a new transition tower replacing tower 11/70 west of Trousdale Drive, and PG&E's proposed overhead route north of that transition tower to another transition tower at Glenview Drive. PG&E shall determine which of three identified options for crossing Crystal Springs Dam to utilize.
5. PG&E shall, as a condition of approval, build the project in accordance with the Proposed Project with Route Option 4B in the northern segment and with use of Mitigation Measure T-9a at the discretion of the City of San Bruno, subject to possible revision based upon review of additional route alternatives. PG&E shall not commence construction on the northern segment until the Commission determines whether the tentatively authorized route for the northern segment should be altered.
6. PG&E shall, as a condition of approval, comply with all applicable mitigation measures specified in the FEIR as modified by Appendix A attached hereto, as directed by the Commission's Executive Director or his designee(s). PG&E shall work with the Commission's Energy Division to create more detailed maps for use in construction and mitigation monitoring of the selected route to supplement those provided in Appendix A to this decision.
7. Modifications to PG&E's preliminary electric and magnetic field (EMF) plan for the Jefferson-Martin project are adopted as described in Section VI.C of this order.
8. PG&E shall, as a condition of approval, build the project in accordance with its preliminary electric and magnetic field (EMF) management plan as modified consistent with Section VI.C of this order.
9. PG&E's project costs shall be capped at $206,988,000 for the authorized project, subject to modification if the tentatively approved northern route is altered.
10. Once PG&E has developed a final detailed engineering design-based construction estimate for the adopted route, if this estimate is one percent or more lower than the adopted cost cap, PG&E must, within 30 days, show cause why the Commission should not lower the Pub. Util. Code § 1005.5 cost cap to reflect the final estimate.
11. PG&E shall, prior to commencing construction, submit a detailed EMF mitigation plan for approval of the Commission's Energy Division. The plan shall describe in detail each mitigation element, the cost of each element, and the percentage by which that mitigation will reduce EMF levels.
12. The Executive Director shall supervise and oversee construction of the project insofar as it relates to monitoring and enforcement of the mitigation conditions described in the FEIR as modified by Appendix A to this decision. 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 as modified by Appendix A, the Executive Director shall attribute the acts and omissions of PG&E's employees, contractors, subcontractors, or other agents to PG&E. PG&E shall comply with all orders and directives of the Executive Director concerning implementation of the environmental mitigation measures described in the FEIR as modified by Appendix A.
20. The Executive Director shall not authorize PG&E to commence actual construction until PG&E has entered into a cost reimbursement agreement with the Commission for the recovery of the costs of the mitigation monitoring program described in Section G of the Final Environmental Impact Report, 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 PG&E 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.
21. PG&E's right to construct the project as set forth in this decision shall be subject to all other necessary state and local permitting processes and approvals.
22. PG&E shall file a written notice with the Commission, served on all parties to this proceeding, of its agreement, executed by an officer of PG&E duly authorized (as evidenced by a resolution of its board of directors duly authenticated by a secretary or assistant secretary of PG&E) to acknowledge PG&E's acceptance of the conditions set forth in the Ordering Paragraphs of this decision. 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.
23. The Final Environmental Impact Report and the Addendum in Appendix A for the Jefferson-Martin project are certified.
24. The Executive Director shall file a Notice of Determination for the project as required by the California Environmental Quality Act and the regulations promulgated pursuant thereto.
25. Upon satisfactory completion of the project, a notice of completion shall be filed with the Executive Director by the Energy Division.
This order is effective today.
Dated ________________________, at San Francisco, California.
Stephan C. Volker |
Pamela Thompson |
Louis G. Leonard Iii |
Zachary R. Walton |
(END OF ATTACHMENT A)
APPENDIX A
