This Commission will reject as insufficient any subsequent application that does not demonstrate that SCE or the project proponent has undertaken steps needed to ensure appropriate Lead Agency environmental review. To accomplish this, the application shall include a final EIR or Negative Declaration. SCE shall inform the Commission of the local environmental review process early enough to ensure that the Commission can fulfill its duties as a Responsible Agency.
Findings of Fact
1. SCE is an electric public utility subject to the jurisdiction and regulation of this Commission.
2. SCE has property at the West Lugo-Mira Loma transmission line right of way in the City of Ontario available for secondary use, and it seeks to obtain revenue for ratepayers and shareholders through a secondary use lease.
3. Subject to Commission authorization required under Pub. Util. Code § 851, SCE has negotiated a long-term lease proposal for the available property to provide lease revenues with no interference with the operation of the transmission line.
4. The proposed lessee, Chuka Foods, is managed by Ronald Smothers, who has over 25 years experience in the development and operation of Burger King franchise restaurants.
5. Chuka Foods will finance, construct, and maintain a retail shopping center at the site, bearing the costs and making payments to SCE.
6. Revenue in excess of a Commission-established threshold will be shared 70%/30% between the utility and ratepayers, by treating all revenues as Other Operating Revenue, pursuant to D.99-09-070.
7. SCE has not submitted a Proponent's Environmental Assessment, or evidence that any public agency has prepared an Initial Study, EIR, or Negative Declaration for the proposed project pursuant to CEQA.
8. The City of Ontario is the public agency with the greatest responsibility for supervising and approving the project as a whole.
9. The Commission also has discretion to approve a critical aspect of the proposed project.
1. The City of Ontario should be the Lead Agency for this project for the purposes of CEQA.
2. This Commission should be a Responsible Agency for this project for the purposes of CEQA.
3. The current application is not in compliance with CEQA and should be denied.
IT IS ORDERED that:
1. The application of Southern California Edison Company (SCE) for authorization to enter into a lease of an 11.49-acre site located on a portion of SCE's Lugo-Mira Loma transmission line right of way in the City of Ontario to Chuka Foods, Inc., under the terms and conditions set forth in this application is denied without prejudice.
2. SCE may reapply for the requested authorization when it can demonstrate that it has pursued appropriate approval and Lead Agency review under the California Environmental Quality Act, and that such review is completed.
3. Application 00-12-041 is closed.
This order is effective today.
Dated , at San Francisco, California.
