5. Scope of Issues
Pursuant to GO 131-D, in order to issue a permit to construct, the Commission must comply with the requirements of CEQA. In addition, pursuant to GO 131-D and Decision (D.) 06-01-042, the Commission will not certify a project unless its design is in compliance with the Commission's policies governing the mitigation of electromagnetic field (EMF) effects using low-cost and no-cost measures.
Accordingly, the assigned Commissioner's February 25, 2011, scoping memo and ruling determined the following issues to be within the scope of the proceeding:
1. What are the significant environmental impacts of the proposed project?
2. Are there potentially feasible mitigation measures that will eliminate or lessen the significant environmental impacts?
3. As between the proposed project and the project alternatives, which is environmentally superior?
4. Was the EIR (or EIS) completed in compliance with CEQA, did the Commission review and consider the EIR (or EIS) prior to approving the project or a project alternative, and does the EIR (or EIS) reflect the Commission's independent judgment?
5. Are the mitigation measures or project alternatives infeasible?3
6. To the extent that the proposed project and/or project alternatives result in significant and unavoidable impacts, are there overriding considerations that nevertheless merit Commission approval of the proposed project or project alternative?
7. Is the proposed project and/or project alternative designed in compliance with the Commission's policies governing the mitigation of EMF effects using low-cost and no-cost measures?
3 The scoping memo and ruling erroneously references Pub. Util. Code § 1002(a)(1) with respect to the considerations within the scope of this issue.
