VIII. Assignment of Proceeding
Loretta M. Lynch is the Assigned Commissioner and Kim Malcolm is the assigned Administrative Law Judge in this proceeding.
1. The Commission is the lead agency under CEQA with respect to the environmental review of the project and preparation of the FEIR and has conducted an environmental review of the project in conformance with CEQA. The FEIR consists of the DEIR, revised to incorporate comments received by the Commission from the proponent, agencies, and the public, and the responses to comments. The FEIR has been completed in accordance with CEQA Guidelines, Sections 15120 through 15132.
2. The Miguel Mission Project is needed to improve the management of the statewide transmission system and reduce congestion fees incurred by SDG&E and other California utilities.
3. The environmentally superior transmission line routes recommended by the FEIR and adopted herein provide long-term and permanent environmental benefits in the form of reduced visual impacts, biological resource impacts and noise impacts.
4. The FEIR identifies environmental effects of the environmentally superior route that may be mitigated or avoided. The FEIR describes mitigation measures that would avoid or reduce such effects to less than significant levels.
5. The mitigation measures identified in the FEIR are feasible and reasonable.
6. As lead agency under CEQA, the Commission is required to monitor the implementation of mitigation measures adopted for this project to ensure full compliance with the provisions of the monitoring program.
7. The Mitigation Monitoring, Compliance, and Reporting Plan in the FEIR conforms to the recommendations of the FEIR for measures required to mitigate or avoid environmental effects of the project as modified and adopted that can be reduced or avoided.
8. The FEIR concludes that the project adopted herein will not impose any significant impact on the environment.
9. The benefits of the environmentally superior transmission line route and substation projects include the provision of increased electric supply; these benefits outweigh the potential environmental impacts.
10. The Miguel Mission Project, as modified herein, is needed to promote more economic operation of the electric system.
11. The economic benefits of the Miguel Mission Project outweigh the economic costs, applying the assumptions and the Henwood model described herein.
12. A reasonable price cap for this project is $96.3 million which reflects the reasonable costs of the project, including the undergrounding required herein.
13. SDG&E has met all project milestones adopted in D.03-02-069 with one minor exception for which it has provided reasonable justification.
1. The procedures employed for this project are in conformance with CEQA. The contents of the FEIR comply with the requirements of CEQA and represent the Commission's independent judgment. Accordingly, the FEIR should be certified for the project in accordance with CEQA.
2. The Commission has jurisdiction over the proposed project pursuant to Pub. Util. Code § 1001 et seq.
3. Pub. Util. Code § 1005.5 and Pub. Util. Code § 1005.5(b) require the Commission to adopt a cost cap for each project it approves which exceeds $50 million.
4. The Commission should approve a price cap of $96.3 million for the Miguel Mission Project.
5. This Commission's cost cap set pursuant to Pub. Util. Code § 1005.5 affects the amount of cost recovery SDG&E may seek from the FERC.
6. The Commission retains authority to approve SDG&E's mitigation plan to ensure that the Miguel Mission Project does not affect the environment adversely.
7. Commission approval of SDG&E's application, as modified herein, is in the public interest.
8. The approval of the application, as provided herein, should be conditioned upon construction according to the environmentally superior routes described herein and recommended by the FEIR, and the completion of the mitigation measures identified in the FEIR. Those mitigation measures should be adopted and made conditions of project approval.
9. SDG&E should be granted a CPCN for the Miguel Mission Project because of its beneficial impact on the operation of the state's electrical system.
IT IS ORDERED that:
1. The Final Environmental Impact Report (FEIR) is certified as the Environmental Impact Report (EIR) for the Miguel Mission Project, which is the subject of this application and is certified for use by responsible agencies in considering subsequent approvals for the project, or for portions thereof.
2. A Certificate of Public Convenience and Necessity is granted to San Diego Gas and Electric Company (SDG&E) to construct the Miguel Mission Project consistent with the environmental and regulatory requirements set forth herein.
3. SDG&E shall, as a condition of approval, build the project in accordance with the environmentally superior route, which is the proposed project as modified by the Jamacha Valley 138 kilovolts (kV)/69 kV Underground Alternative and the City of Santee 138 kV/69 kV Underground Alternative as described in the FEIR. In addition, SDG&E shall comply with all mitigation measures specified in the Attachment to this decision.
4. SDG&E's project costs shall be capped at $96.3 million for the project authorized.
5. 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 Attachment 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 herein, the Executive Director shall attribute the acts and omissions of SDG&E's employees, contractors, subcontractors, or other agents to SDG&E.
6. SDG&E shall comply with all orders and directives of the Executive Director concerning implementation of the environmental mitigation measures described herein.
7. The Executive Director shall not authorize SDG&E to commence actual construction until SDG&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 F 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 SDG&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.
8. SDG&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.
9. SDG&E shall file a written notice with the Commission, served on all parties to this proceeding, of its agreement, executed by an officer of SDG&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 SDG&E's acceptance of the conditions set forth in Ordering Paragraphs 1 through 9, inclusive, 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.
10. 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.
11. Application 02-07-022 is closed.
This order is effective today.
Dated , at San Francisco, California.
Attachment
Table of Mitigation Measures for the Environmentally Superior Alternative
Mitigation Measure(s) |
AIR QUALITY |
A-1a: Suppress dust at all work or staging areas and on public roads A-1b: Use low-emission construction equipment |
BIOLOGICAL RESOURCES |
B-1a: Provide restoration/compensation for impacted sensitive upland vegetation communities |
B-2a: Protect San Diego ambrosia from impacts or provide compensation for impacts B-2b: Protect San Diego barrel cactus from impacts or relocate potentially impacted species |
B-4a: Protect raptor nests B 4b: Protect coastal cactus wren and its habitat B-4c: Protect coastal California gnatcatcher and its habitat B-4d: Protect San Diego fairy shrimp and vernal pools or provide compensation for impacts B-4e: Protect vernal pools B-4f: Protect quino checkerspot butterfly and its suitable habitat B-4g: Protect quino checkerspot butterfly |
B-5a: Protect project area from introduction or establishment of invasive plant species |
B-7a: Reduce night lighting on sensitive habitats |
CULTURAL RESOURCES |
C-1a: Avoid all known cultural resources C-1b: Conduct construction monitoring within 150 feet of known cultural resources C-1c: Mark cultural resource boundaries C-1d: Evaluate cultural resources that cannot be avoided |
C-2a: Conduct archaeological survey C-2b: Conduct construction monitoring in the project area |
C-3a: Provide cultural resources awareness training to maintenance personnel |
C-4a: Install locked gates on access roads |
C-5a: Develop and implement buried sites testing program |
GEOLOGY, SOILS, AND PALEONTOLOGY |
G-1a: Geotechnical evaluations of ground stability |
G-2a: Geological evaluations of ground stability and foundation design |
G-3a: Soil erosion prevention along maintenance roads |
G-4a: Restrict access to maintenance roads |
G-5a: Foundations in unstable slopes or erodible soils |
G-6a: Geotechnical evaluations of expansive soils |
G-7a: Review of construction plans by paleontologist G-7b: Paleontological training and monitoring |
HYDROLOGY AND WATER QUALITY |
H-5a: Aboveground structures shall be protected against flood and erosion damage |
H-7a: Underground cable shall be protected against scour and erosion |
LAND USE AND RECREATION |
L-5a: Avoid peak recreational usage L-5b: Notify users of recreational resources |
NOISE AND VIBRATION |
N-1a: Provide advance notice of construction N-1b: Provide liaison for construction nuisance complaints |
N-3a: Achieve compliance with City of San Diego noise abatement code N-3b: Respond to complaints of corona noise |
PUBLIC HEALTH AND SAFETY |
HZ-1a: Observation of soil for contamination |
HZ-2a: Review of training and response plan |
HZ-3a: Preparation of plans HZ-3b: Documentation of compliance |
PS-1a: Limit conductor surface potential PS-1b: Document complaints of broadcast interference |
PS-2a: Survey and document potential hazards |
PUBLIC SERVICES AND UTILITIES |
U-1a: Protect steel pipelines from corrosion |
U-2a: Maintain adequate emergency vehicle access |
SOCIOECONOMICS |
None |
TRANSPORTATION AND TRAFFIC |
T-1a: Prepare traffic control plans T-1b: Restrict time of lane closures |
T-3a: Repair damaged roadways |
T-4a: Provide temporary pedestrian and bicycle access |
T-5a: Ensure emergency response access |
T-7a: Provide continuous access to properties T-7b: Coordinate with businesses |
VISUAL RESOURCES |
V-1a: Reduce visibility of construction activities and equipment V-1b: Avoid construction on weekends and holidays near recreation sites and parks |
V-2a: Reduce visual contrasts of upgraded structures and new poles in urban and community settings with appropriate paint treatments, compatible with community design V-2b: Reduce visual contrasts of upgraded structures and new poles in natural settings with appropriate neutral earth-tone paint treatments |
V-4a: Reduce potential for visual impacts due to view obstructions |
V-5a: Reduce direct impacts to, and visual degradation of, exotic landscapes and natural scenic areas for the life of the project |
V-6a: Reduce visual impacts at overhead/underground transition poles/stations V-6b: Reduce potential visual impacts of 69 kV/138 kV lines and existing distribution/subtransmission lines near Willow Glen Drive and Dehesa Avenue Transition Station |
(END OF ATTACHMENT)
