VI. Pub. Util. Code § 1002 Factors Raised by the Application
In addition to the factors it is required to consider under Pub. Util. Code § 1001 before granting a CPCN, the Commission is required to consider the following additional factors under §1002(a):9
1. Community values;
2. Recreational and park areas;
3. Historical and aesthetic values; and
4. Influence on the environment.
In D.90-09-057, Re Southern California Edison Company, we pointed out that § 1002 imposes upon the Commission a "responsibility independent of CEQA to include environmental influences and community values in our consideration of a request for a CPCN." (37 CPUC2d 413, 453; emphasis added.) In this case, LGS asserts that the proposed Kirby Hills Facility is consistent with all four of the factors set forth in § 1002(a).
With respect to community values, LGS points out that it has secured all the necessary rights from private landowners to construct the Facility (including the 5.9-mile pipeline), and that it has briefed local agencies and officials on the project, including the affected Assembly member and county supervisor and relevant city officials. LGS also points out that the proposed Facility will create considerable economic benefits for Solano County, including 90 construction jobs, other construction spending, and approximately $200,000 per year in additional county tax revenues to support schools, libraries, parks and local government. (Application, pp. 21-22.)
With respect to recreation and park areas, LGS emphasizes that the Facility's design is such that it will have no significant long-term impact on either parks or recreation areas, inasmuch as all facilities will be located either along a county road or on private lands that are remote from parks and recreation areas. (Id. at 22.)
With respect to historical and aesthetic values, LGS notes that the proposed Facility is consistent with the "extensive gas production that has occurred in this area" since Shell discovered the Kirby Hills gas field in 1945. As to aesthetics, LGS notes that while there will be some effects on the agricultural character of the area while the Facility is being built, "following construction, all lands impacted by the pipeline construction will, to the maximum extent possible, be returned to their pre-construction condition." Finally, LGS points out that the local terrain will shield the well and compressor facilities from public view, and that the low-lying facilities associated with the metering station and PG&E interconnection will be similar in visual impact to the Calpine dehydration station located nearby. (Id. at 23.)
Finally, with respect to influence on the environment, LGS points out that the mitigation and monitoring plan set forth in its PEA will ensure that any potential environmental effects are reduced to less-than-significant levels:
"Key design parameters to mitigate environmental impacts of the Facility to less than significant levels include: (1) directional drilling for railroad and creek crossings; (2) avoidance of sensitive habitats or areas; (3) construction of the compressor and dehydration station at a remote site to eliminate or reduce visual and noise impacts; (4) site reclamation measures of all right-of-ways to pre-construction conditions; (5) construction scheduling to minimize impacts on surrounding communities; and (6) compliance with all federal, state, and local codes and requirements. All significant impacts requiring mitigation to less than significant levels occur during the construction phase of the Facility. During operations, the Kirby Hills Facility will have an insignificant impact on the surrounding environment." (Id. at 23-24.)
LGS concludes that these mitigation and monitoring measures, along with the excellent safety record at its Lodi facility since the latter began operation in 2002,10 satisfies the fourth factor set forth in Pub. Util. Code § 1002(a).
9 Pub. Util. Code § 1002(a) provides in pertinent part:
"The commission, as a basis for granting any certificate pursuant to Section 1001 shall give consideration to the following factors:
1. Community values.
2. Recreational and park areas.
3. Historical and aesthetic values.
4. Influence on environment, except that in the case of any line, plant, or system or extension thereof located in another state which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 . . . or similar state laws in the other state, the commission shall not consider influence on the environment unless any emissions or discharges therefrom would have a significant influence on the environment of this state."
10 With respect to this safety record, LGS states:
"Detailed attention to investment in maintenance and facility upgrades insures that the Lodi Facility remains a state-of-the-art gas storage facility that is both safely operated and sensitive to the local environment. Investments and updates in its training programs, and monitoring and control systems ensure a facility that is consistent with LGS' commitment to the local community to safely operate the Lodi Facility in an environmentally sensitive manner. LGS makes this same commitment to the local communities that are neighbors of the Kirby Hills Facility." (Id. at 24; emphasis added.)
