ALJ/JBW/epg _ Mailed 10/11/2000
Decision 00-10-029 October 5, 2000
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of Southern California Water Company (U 133 W) for a Certificate of Public Convenience and Necessity pursuant to California Public Utilities Code Section 1001 to extend its West Orange County System to the Bolsa Chica Planned Community. |
Application 98-11-003 (Filed November 5, 1998) |
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In the Matter of the Application of Southern California Water Company (U 133 W) for a Certificate of Public Convenience and Necessity pursuant to California Public Utilities Code Section 1001 to Operate and Maintain a Wastewater System to Provide Service to the Bolsa Chica Planned Community. |
Application 98-11-015 (Filed November 10, 1998) |
Patricia A. Schmiege, Attorney at Law, of O'Melveny & Myers, LLP, and Susan L. Conway, for Southern California Water Company, applicant.
James Squeri, Attorney at Law, of Goodin, MacBride, Squeri, Ritchie & Day, and Russell G. Behrens, Attorney at Law, of McCormick, Kidman & Behrens, for Hearthside Homes, Inc., interested party.
Ronald A. Van Blarcom and David H. Mann, Attorneys at Law, of Van Blarcom, Liebold, McClendon & Mann, for the City of Huntington Beach, and Donald Horgan, Attorney at Law, of the Law Offices of Dennis P. Riordan, and Alys E. Masek, Attorney at Law, for Bolsa Chica Land Trust, protestants
Peter G. Fairchild, Attorney at Law, for the Ratepayer Representation Branch of the Water Division.
TABLE OF CONTENTS
TITLE PAGE
OPINION 2
1. Summary 2
2. Statement of Facts 2
3. Background History 4
4. Rule 6.1 Aspects 14
5. Procedural History 14
5.1. The February 25, 1999 Prehearing Conference (PHC) 14
5.2. The Resulting Scoping Memo 16
5.3. The April 22, 1999 2nd PHC 17
5.4. The August 23, 1999 EH 18
5.5. Briefing 19
6. The Environmental Review Process 20
7. Discussion 24
7.1. Project Considerations 24
7.2. Environmental Considerations 33
7.2.1. Draft SEIR 33
7.2.1.1. Public Comments and Input 33
7.2.2. Final SEIR 34
7.2.2.1. Alternatives Screening Process 34
7.2.2.2. Alternatives Eliminated from Full Consideration 34
7.2.2.3. Alternatives Evaluated in the SEIR 35
7.2.2.4. Environmentally Superior Alternative 35
7.2.3. Environmental Analysis of the Proposed Project 37
7.2.4. Significant Environmental Effects of the Proposed Project 38
7.2.4.1. Beneficial Impacts (Class IV) 38
7.2.4.2. Adverse, But Not Significant Impacts (Class III) 38
7.2.4.3. Significant Impacts That Can be Mitigated To a Level
That Is Less Than Significant (Class II Impacts) 38
7.2.4.3.1. Noise 39
7.2.4.3.2. Traffic and Circulation 39
7.2.4.3.3. Environmental Contamination 40
7.2.4.3.4. Geology and Soils 40
7.2.4.3.5. Cultural Resources 41
7.2.4.3.6. Biological Resources 41
7.2.4.3.7. Public Services and Utilities 41
7.2.4.4. Significant Impacts That Cannot Be Mitigated To Insignificant Levels (Class I Impacts) 42
7.2.5. Environmental Findings and Statement of Overriding Considerations 43
7.2.6. Adequacy and Certification of the Final SEIR 45
Comments on the Proposed Decision of the ALJ 46
Findings of Fact 50
Conclusions of Law 54
ORDER 55
Appendix A - Final Supplemental Environmental Impact Report
Appendix B - General Metered Sewer Tariff
1. Summary
This decision approves Application (A.) 98-11-003 and A.98-11-015 of Southern California Water Company (SCWC) for Certificates of Public Convenience and Necessity (CPCN): (1) to extend SCWC's West Orange System from the City of Cypress via a 6.7-mile, 18-inch pipeline to be constructed through intervening cities of Seal Beach, Westminster, and Huntington Beach in public rights of way, and traversing through portions of unincorporated Orange County and rights of way under the jurisdiction of the California Department of Transportation, the Orange County Flood Control District, and the Armed Forces Reserve Center in the City of Los Alamitos, to serve a residential development to be constructed by Hearthside Homes (Developer) in unincorporated territory known as the Bolsa Chica Mesa (Mesa); and (2) to operate, manage, and control a wastewater collection system in the same residential development.
The decision also certifies the Final Supplemental Environmental Impact Report for the project.
