8. Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Jean Vieth is the assigned ALJ in this proceeding.

1. No party disputes Wild Goose's showing under §§ l001 and 1002.

2. The proposed project has potentially significant environmental impacts on (1) air quality and greenhouse gases and (2) biological resources but these impacts can be mitigated to a level of insignificance.

3. The SEIR was completed in compliance with CEQA.

4. The Commission has reviewed and considered the information contained in the SEIR.

5. The SEIR reflects the Commission's independent judgment.

2. Wild Goose's CPCN should be amended to permit construction and operation of the Phase 3 expansion, subject to the Mitigation, Monitoring and Reporting Program attached as Appendix A, and to offer that additional storage capacity and related services at market-based rates.

3. The SEIR has been completed in compliance with CEQA and should be certified.

4. The Draft SEIR and the Final SEIR should be marked for identification and filed in the record for this proceeding.

5. The Commission should not condition this decision upon a future decision of the superior court on the private contract that is the subject of the complaint filed against Wild Goose by WGC in Butte County.

6. WGC's December 7, 2010 motion for leave to file (late) a reply to Wild Goose's timely comments on the proposed decision should be denied, since the proposed reply is untimely and fails to otherwise comply with Rule 14.3.

7. This proceeding should be closed.

ORDER

IT IS ORDERED that:

1. Wild Goose Storage, LLC is granted an amendment to its certificate of public convenience and necessity to authorize it to develop, construct, and operate the Phase 3 expansion of its existing natural gas storage facilities, in conformance with the Mitigation, Monitoring and Reporting Program, attached to this opinion as Appendix A and further revised in Appendix A-1 hereto, and to offer that additional storage capacity and related services at market-based rates.

2. The Supplemental Environmental Impact Report (SEIR), which consists of two separate documents, the Draft SEIR and the Final SEIR (as further revised by Appendix A-1 hereto), is adopted pursuant to the requirements of the California Environmental Quality Act. The Draft SEIR is marked for identification as Reference Exhibit A, the Final SEIR is marked for identification as Reference Exhibit B, and as so marked, both documents are filed in the record for this proceeding.

3. Wild Goose Club's Motion for Leave to File a Reply to Wild Goose's Comments, filed December 7, 2010, is denied.

4. Application 09-04-021 is closed.

This order is effective today.

Dated December 16, 2010, at San Francisco, California.

D1012025 Appendix A for Vieth Final Dec

D1012025 Appendix A-1 for Vieth Final Dec

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