6. Assignment of Proceeding
Geoffrey Brown is the Assigned Commissioner and Myra Prestidge is the assigned Administrative Law Judge in this proceeding.
1. Our consideration of this application is expedited based on representations that High Winds must obtain authorization for two crossings of PG&E's exclusive easement as quickly as possible in order to meet its construction schedule and retain federal tax credits for the project.
2. High Winds has requested an underground crossing of PG&E's exclusive easement for the installation, operation, and maintenance of facilities for the transmission of electric power and related electronic and control signals and an additional crossing of an existing road for ingress and egress.
3. The two crossings requested by High Winds will not interfere with PG&E's use of its exclusive easement or with service to PG&E's customers, and will be utilized in a manner consistent with Commission and legal requirements.
4. The County is the Lead Agency for the proposed project under CEQA.
5. The County prepared an EIR for this project, which recommends mitigation measures designed to reduce the significance of the impacts to aesthetics, air quality and biological resources. However, EIR concludes that these mitigation measures are insufficient to reduce the impacts to a less than significant level and therefore the project will cause significant and unavoidable adverse impacts to Aesthetics, Air Quality, and Biological Resources.
6. The Final EIR concludes that significant and potentially significant environmental impacts that could be mitigated to a less than significant level occur in the areas of Aesthetics, Biological Resources, Communications Interference, Cultural Resources, Geology, Soils, Mineral Resources, and Seismicity, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Public Service and Utilities, and Transportation.
7. The Final EIR concludes that all other potential environmental impacts of the project are less than significant, and that no additional mitigation measures are necessary.
8. On September 19, 2002, the County certified the Final EIR, issued a Statement of Overriding Considerations, and adopted applicable mitigation measures.
9. The Commission is a Responsible Agency for the proposed project under CEQA.
10. Order Section 15093 of the CEQA Guidelines, there is substantial evidence in the record to determine that the benefits of the project outweigh the adverse impacts and that the project should be approved. Statement of Overriding Considerations. Pursuant to this Finding, the Commission is adopting a Statement of Overriding Considerations.
11. PG&E will not charge a fee to High Winds for the two crossings.
12. The two crossings of PG&E's exclusive easement area will enable High Winds to construct and operate a wind-generating project, which will produce electrical energy in an environmentally sound and economical manner.
1. Consistent with § 851, PG&E's consent to two crossings of its exclusive easement by High Winds in the underground easement area and the road area will serve the public interest and should be authorized.
2. The Final EIR and the Statement of Overriding Considerations adopted by the County are adequate for the Commission's decision-making purposes as a Responsible Agency under CEQA.
3. The Commission has considered the Final EIR in its decision-making process in accordance with the CEQA Guidelines Sections 15090 and 15092.
4. Pursuant to Section 15092 of the CEQA Guidelines, the Commission should adopt the mitigation measures identified in the Final EIR.
5. Pursuant to Section 15093 of the CEQA Guidelines, there is substantial evidence in the record to determine that the benefits of the project outweigh the adverse impacts and that the project should be approved pursuant to the Statement of Overriding Considerations, adopted by the Commission.
IT IS ORDERED that:
1. Pacific Gas and Electric Company (PG&E) is authorized to consent to two crossings of its exclusive easement, as described in the application, by High Winds, LLC (High Winds), so that High Winds may construct, operate, and maintain underground facilities for a wind-generating project in the Collinsville-Montezuma Hills Wind Resource Area in southeastern Solano County and may utilize an existing road that crosses PG&E's exclusive easement for ingress and egress.
2. PG&E shall file a legal description and a map of both crossings of PG&E's exclusive easement within 60 days of this order.
3. This order shall take effect immediately so that High Winds may adhere to its construction schedule and retain federal tax credits for the project.
This order is effective today.
Dated December 5, 2002, at San Francisco, California.
HENRY M. DUQUE
CARL WOOD
GEOFFREY F. BROWN
MICHAEL R. PEEVEY
Commissioners
President Loretta M. Lynch, being necessarily absent,
did not participate.
I will file a concurrence.
/s/ CARL WOOD
Commissioner
