IX. Comments on Draft Decision

The draft decision of the administrative law judge in this matter was mailed to parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. No comments were filed.

Findings of Fact

1. The Pala Substation Expansion is needed to replace the existing 43-year-old substation equipment with newer and more reliable equipment and to eliminate a 19% overload on the existing single bank substation.

2. SDG&E's Pala Substation Expansion has the support of the residents of the Pala area.

3. SSRC opposes the expansion. SSCR is a group of Riverside County residents formed in response to SDG&E's 500-kV Valley-Rainbow transmission line project, a separate application before the Commission.

4. SDG&E proposes to initially install one 28 MVA transformer and facilities to accommodate a second transformer. The single transformer is expected to have adequate capacity for the next five to 15 years.

5. The second 28 MVA transformer is planned for an unspecified future time.

6. SDG&E's practice is to limit the peak load on its 28 MVA transformers to 15 MVA for reasons of reliability.

7. Development of a new 500/230-kV bulk power transmission substation, as a part of the Valley-Rainbow transmission line project, or any other project, on the 203-acre parcel of land owned by SDG&E is not a foreseeable consequence of the Pala Substation Expansion.

8. The Commission's environmental staff conducted a review of SDG&E's proposed Pala Substation Expansion and issued a Draft Mitigated Negative Declaration and Initial Study.

9. Following comments, the Commission's staff issued a Final Mitigated Negative Declaration.

10. SDG&E has agreed to mitigation measures set forth in the Final Mitigated Negative Declaration.

11. The Pala Substation Expansion and the proposed 500-kV Valley-Rainbow project are not linked or dependent on each other.

12. The fact that SDG&E offered part of the 203-acre parcel of land it owns as an alternative site for the southern anchor of the 500-kV Valley-Rainbow project, and that the Pala Substation Expansion will occupy a small portion of this same property, does not change the fact that these are two independent projects which do not have to be considered in the same document for CEQA review purposes.

Conclusions of Law

1. SDG&E's proposal to initially install one 28 MVA transformer and facilities to accommodate a future second 28 MVA transformer is reasonable.

2. SDG&E's practice of limiting the peak load on its 28 MVA transformers to 15 MVA maximum for reasons of reliability, is reasonable.

3. The Pala Substation Expansion, as proposed by SDG&E, should be constructed immediately to assure service reliability for the area.

4. The application should be granted, subject to the environmental requirements set forth in the Final Mitigated Negative Declaration.

ORDER

IT IS ORDERED that:

1. The application of San Diego Gas & Electric Company (SDG&E) for a Permit to Construct the Pala Substation Expansion is granted.

2. The Pala Substation Expansion project shall be limited to a single 28 MVA transformer and facilities to accommodate a future second 28 MVA transformer.

3. SDG&E shall file an application with the Commission for authorization to install the second 28 MVA transformer when needed.

4. The Final Mitigated Negative Declaration is adopted by this Commission.

5. SDG&E shall fully implement the mitigation measures described in the Final Mitigation Negative Declaration.

6. SDG&E shall enter into a cost reimbursement agreement with the Commission for expenses accrued from implementing the mitigation and monitoring plan as described in the Final Mitigated Negative Declaration. Compliance with this agreement is a condition of approval of this decision.

7. The Environmental Projects Unit of the Energy Division shall supervise and oversee construction of the Pala Substation Expansion insofar as it relates to monitoring and enforcement of the mitigation measures described in the Final Mitigated Negative Declaration. The Energy Division may designate outside staff to perform on-site monitoring tasks. The Commission project manager (Energy Division, Environmental Projects Unit) shall have the authority to issue a Stop Work Order on the entire project, or portions thereof, for the purpose of insuring compliance with the mitigation measures. Construction may not resume without a Notice to Proceed issued by the Environmental Projects Unit of the Energy Division.

8. Applicant shall provide electro-magnetic force calculations to the Commission's Energy Division for any change, modifications or additions to the facility that are not set forth in the application.

9. Applicant shall send a copy of this decision to concerned local permitting agencies not later than 30 days from the date of this order.

10. Application 01-01-050 is closed.

This order is effective 30 days from today.

Dated December 11, 2001, at San Francisco, California.

ATTACHMENT A

Notice of availability of the Final Mitigated Negative Declaration (MND) will be mailed to all parties to the application. Due to the volume of this document, it will be filed with the Docket Office of the California Public Utilities Commission along with the Proposed Decision. A copy also can be obtained from Bruce Beauregard of the Energy Division at the California Public Utilities Commission, 505 Van Ness Avenue, San Francisco California, 94102. Alternately, copies of the MND may be obtained at the California Public Utilities Commission website at www.cpuc.ca.gov, or from the Escutia table prior to the September 20th Commission meeting.

(END OF ATTACHMENT A)

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