Conclusions of Law
1. The Settlement Agreement, as modified to include a 10-year NBC, meets the requirements of Rule 51.1 of the Commission's Rules of Practice and Procedure, and is adopted by the Commission.
2. The Settlement Agreement, with a 30-year NBC, is not reasonable in light of the record, is not consistent with law, and is not in the public interest.
3. Based on Legislative direction, the Public Resources Code, the Public Utilities Code, the Commission's Rules of Practice and Procedure, and Commission decisional precedent, we determine that we do not have concurrent responsibility with the CEC to conduct a CEQA review of the project.
O R D E R
IT IS ORDERED that:
1. The Settlement Agreement, with Paragraph 11 modified to impose a 10-year nonbypassable charge for departing load customers that will start when the plant begins commercial operations, is adopted.
2. Pacific Gas and Electric Company is granted a Certificate of Public Convenience and Necessity for the acquisition, completion, and operation of the Contra Costa 8 facility, including the cost recovery and ratemaking mechanisms related thereto, under the terms set forth in the attached Settlement Agreement, as modified by today's decision.
3. Californians for Renewable Energy, Inc.'s motion for the Commission to conduct a supplemental Environmental Impact Report under the California Environmental Quality Act is denied.
4. Application 05-06-029 is closed.
This order is effective today.
Dated June 15, 2006, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
Commissioners
