2. Procedural Background

Southern California Edison Company (SCE) filed this application for a permit to construct the Leatherneck Substation project on May 25, 2011. In addition to the construction of the Leatherneck substation, SCE seeks to include related subtransmission line upgrades and electrical upgrades at several existing substations in the Twentynine Palms area. No party protested the application.

On May 25, 2011, SCE posted a total of 139 notices at several locations as required by General Order (GO) 131-D, Section XI, subparagraphs A.1 and A.3.

Generally, an application to construct a substation would be accompanied by the Proponent's Environmental Assessment (PEA) for California Environmental Quality Act (CEQA) compliance. However, in this application, SCE used a PEA-equivalent information to satisfy the requirements under GO 131-D, Section IX.B.1.e. as described more fully below.

Because the proposed new substation would be located entirely on United States Marine Corps (USMC) property, it requires approval from the USMC, and is also subject to environmental review pursuant to the federal National Environmental Policy Act (NEPA) guidelines.

However, the subtransmission lines would be located both on and off USMC property. Therefore, the California Public Utilities Commission (Commission) must determine if SCE may construct the off-base portion of the subtransmission lines (i.e., lines not located on USMC land). Where, as here, the project requires compliance with both CEQA and NEPA, CEQA encourages the state agency to use the NEPA document (Environmental Assessment, or EA) if that document is prepared before the state agency would otherwise prepare its own Environmental Impact Report (EIR) or Negative Declaration so long as the NEPA document complies with the provisions of the CEQA Guidelines and is supplemented to include certain CEQA requirements that are not required pursuant to NEPA. (CEQA Guidelines § 15221; Pub. Resources Code § 21083.7.)

On March 1, 2010, the Commission's Energy Division and the USMC executed a Memorandum of Understanding (MOU) setting forth the respective roles and responsibilities of the two agencies. Because the project would be located primarily on USMC land, the MOU identified the USMC as the lead agency for assessing the environmental impacts of the project pursuant to the NEPA, and preparation of the NEPA document that is also to facilitate CEQA compliance, and the Commission as a cooperating agency with the USMC. Accordingly, the prepared EA includes considerations required by CEQA.

On March 24, 2011, the USMC assessed the environmental impacts of the project pursuant to the NEPA, and issued its final EA of the project, including a Finding of No Significant Impact (FONSI), dated March 24, 2011. All NEPA procedural and substantive requirements have been met. The USMC also issued on May 19, 2011, a Continuing Environmental Review Statement (CERS), making certain clarifications to the EA that are not substantial from an environmental standpoint and did not affect the validity of the Final EA and the FONSI.