Waiver of Comment Period
This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.
1. This proceeding does not require that hearings be held.
2. The structure of California's electric market today is very different from when Finding of Fact 16 and Ordering Paragraph 5 were adopted in 1983.
3. Addition of a second circuit to the Imperial Valley-La Rosita transmission line would assist the state by allowing more flexible procurement choices and the potential to interconnect with generating facilities in Mexico.
4. Government Code § 6254(r) exempts from public disclosure public records of Native American graves, cemeteries, and sacred places.
1. State and local agencies are encouraged to use NEPA documents if the NEPA process is proceeding more quickly than CEQA review and the process complies with CEQA.
2. It is appropriate to eliminate the condition imposed by Finding of Fact 16 and Ordering Paragraph 5 based on changed market conditions.
3. No additional environmental review is required prior to the addition of a second circuit to the Imperial Valley-La Rosita transmission line.
4. SDG&E should abide by all mitigation and monitoring measures adopted in D.83-10-004 and obtain any necessary permits required by local, state, or federal agencies for installation of the second circuit prior to construction.
5. Appendix D of the Draft Environmental Assessment should remain sealed and should not be disclosed to anyone other than Commission staff except upon further order or ruling of the Commission, the Assigned Commission, the assigned ALJ or the ALJ then designated as Law and Motion Judge.
INTERIM ORDER
IT IS ORDERED that:
1. Under Rule 6.6 of the Commission's Rules of Practice and Procedure, this order is a final determination that a hearing is not needed in this proceeding.
2. Decision (D.) 83-10-004 is modified to eliminate Finding of Fact 16 and Ordering Paragraph 5.
3. SDG&E shall abide by all mitigation and monitoring measures adopted in D.83-10-004 for installation of the second circuit on the Imperial Valley-La Rosita transmission line and shall obtain any necessary permits required by local, state, or federal agencies prior to construction.
4. Appendix D of the Draft Environmental Assessment shall remain sealed and shall not be disclosed to anyone other than Commission staff except upon further order or ruling of the Commission, the Assigned Commissioner, the assigned Administrative Law Judge (ALJ) or the ALJ then designated as Law and Motion Judge.
5. A copy of this decision shall be placed in the formal file for A.82-09-28 to reflect this modification.
6. SDG&E shall file a copy of the finalized environmental documents for the merchant transmission projects with the Commission in this docket.
This order is effective today.
Dated December 11, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
