7. Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and Douglas M. Long is the assigned Administrative Law Judge in this proceeding.

1. PG&E's application for a Certificate conforms to Pub. Util. Code § 1001 and GO 131-D.

2. The Commission previously approved PG&E's Advice Letter 3143-E which was a purchased power agreement with Wind Farm Owners for electricity generated by the Wind Farm.

3. The Commission previously determined in its approval of Advice Letter 3143-E that Wind Farm owners will bear all costs, risks and liability for the Reconductoring and New Facilities, and no costs, risks and liability will be borne by ratepayers.

4. The Commission previously approved PG&E's Advice Letter 2879-E finding PG&E's Reconductoring and New Facilities for the Wind Farm to be exempt from GO 131-D, Section III.A.

5. This application was not protested.

6. This proceeding does not require a hearing.

7. Solano County was the Lead Agency for the Wind Farm pursuant to CEQA.

8. The Commission was a Responsible Agency pursuant to CEQA.

9. The Final EIR concluded that there would be significant impacts resulting from PG&E's construction of Reconductoring and New Facilities.

10. Solano County adopted Conditions of Approval for Land Use Permit No. U-050025 which specified mitigation measures for the Wind Farm. Mitigation measures were required as part of the Conditions of Approval.

11. The Conditions of Approval developed by Solano County addressed the following CEQA resource areas: Agricultural Resources, Air Quality, Biological Resources, Cultural Resources, Geology Resources, Hazardous Materials, Hydrology and Water Quality, Land Use, Noise, Public Services, Safety and Transportation.

12. The final EIR determined that certain impacts to Aesthetics/Visual, Air Quality, and Biological Resources are unavoidable and significant adverse environmental impacts.

13. Solano County approved the Wind Farm on March 20, 2008; approved the Final EIR pursuant to CEQA Guidelines Section 15092(b); and specified mitigation measures for the Wind Farm.

14. Solano County adopted a Statement of Overriding Considerations for the unavoidable impacts to the Wind Farm on March 20, 2008 determining that the benefits outweigh the adverse environmental impacts.

15. The Commission's Energy Division reviewed the Draft and Final EIR.

16. The Final EIR for the Wind Farm as prepared by Solano County conforms to the requirements of CEQA.

17. The Wind Farm sponsors, Wind Farm Owners, will bear all costs of the project.

18. The Reconductoring and New Facilities are exempt from including no-cost and low-cost measures (within the meaning of D.93-11-013, and D.06-01-042) to reduce possible exposure to EMF.

19. PG&E has easement rights to the property on which the Reconductoring and New Facilities will be constructed.

1. The Reconductoring and New Facilities are necessary to promote the safety, health, comfort, and convenience of the public, and that it is required by the public convenience and necessity.

2. No protests were filed to the subject application and evidentiary hearings are not necessary.

3. The Commission was a Responsible Agency for compliance with the provisions of CEQA for the Wind Farm.

4. A Final EIR prepared by Solano County for the Wind Farm was processed in compliance with CEQA, and the Final EIR is adequate for this Commission's decision-making purposes.

5. The Commission has considered the Final EIR in its decision making process in accordance with the CEQA Guidelines Section 15096(f).

6. The Commission adopts Solano County's mitigation measures for the Wind Farm.

7. The Commission adopts Solano County's Statement of Overriding Considerations which balanced the benefits of the Wind Farm with its unavoidable adverse environmental impacts.

8. There is no need to consider the cost-effectiveness of the proposed Reconductoring and New Facilities because PG&E's ratepayers will not bear any of the costs.

9. The exposure to EMF has not been reduced by the no-cost and low-cost measures PG&E included in the Reconductoring and New Facilities (pursuant to D.93-11-013, and D.06-01-042) because the Reconductoring and New Facilities are exempt by the prior approval of Advice Letter 2879-E.

10. PG&E has all necessary easement rights, or other legal authority, to the Reconductoring and New Facilities site prior to commencing construction.  

11. PG&E's application for a Certificate for the specific Reconductoring and New Facilities, as included in the Final EIR for Wind Farm and Advice Letter 2879-E, should be approved.

12. The requirement for a 30-day period for public review and comment may be waived, pursuant to Rule 14.6(c) (2), and Rule 14.6(c)(8).

13. A.08-05-018 should be closed.

14. This order should be effective immediately.

ORDER

IT IS ORDERED that:

1. Pacific Gas and Electric Company (PG&E) is granted a Certificate of Public Convenience and Necessity pursuant to Pub. Util. Code § 1001 to construct the Shiloh II 230 kilovolts (kV) transmission line (Reconductoring and New Facilities) to be built in Solano County, California, on an existing distribution line right-of-way, the specific Reconductoring and New Facilities as described in both Advice Letter 2879-E and the Final Environmental Impact Report for Shiloh II Wind Generation Project (Wind Farm) owned by Shiloh II Wind Partners LLC (Wind Farm Owners);subject to the mitigation measures as set forth by the Solano County in the Final Environmental Impact Report.

2. PG&E shall not recover from its ratepayers, either directly or indirectly, any costs for the Reconductoring and New Facilities, including any costs of construction, ownership, operation, or maintenance. Nor shall PG&E pass on to its ratepayers, either directly or indirectly, any risks or liabilities associated with the Reconductoring and New Facilities.

3. The comment period for today's decision is waived.

4. Application 08-05-018 is closed.

This order is effective today.

Dated August 21, 2008, at San Francisco, California.

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