Assignment of Proceeding

John Bohn is the Assigned Commissioner and James C. McVicar is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. PG&E's application is complete and in compliance with General Order 131-D.

2. PG&E's proposed power line relocation is part of the much larger Montanera Project.

3. The City of Orinda is the lead agency under CEQA for the Montanera Project, and the Commission is a Responsible Agency.

4. The City prepared an SSEIR finding that the Montanera Project would have a significant effect on the environment.

5. On February 15, 2005, the Orinda City Council certified the SSEIR and adopted a statement of findings and facts, a Statement of Overriding Considerations, and the Second Supplemental Mitigation Monitoring and Reporting Plan for the Montanera Project.

6. The City gave the Montanera Project its final approval on March 15, 2005 and filed a Notice of Determination with the State Clearinghouse the following day.

7. We have reviewed the City's environmental documents and find them adequate for our decision-making purposes as a Responsible Agency for the power line relocation component of the Montanera Project over which we exercise discretionary approval.

8. The mitigation measures the City has adopted will reduce all impacts associated with the power line relocation to less-than-significant levels, except visual impacts.

9. The City has adopted feasible mitigation measures to reduce adverse visual impacts of the power line relocation, but not to a less-than-significant level. The power line relocation will continue to have a significant and unavoidable adverse visual impact.

10. Consistent with the City's findings and determinations, we find the proposed power line relocation will have a significant effect on the environment.

11. The City has identified reasonable benefits of the Montanera Project that will outweigh its unavoidable significant adverse environmental impacts, including the adverse visual impact of PG&E's relocated power lines.

12. There is no known opposition to granting the authorization requested.

Conclusions of Law

1. As a Responsible Agency under CEQA, the Commission must review and consider the City's environmental documents in making its decision.

2. A public hearing is not necessary.

3. The requirement for a 30-day period for public review and comment should be waived as permitted by Pub. Util. Code Section 311(g)(2).

4. The Application should be granted as set forth in the following order.

5. This order should be made effective immediately to allow PG&E to move ahead on a schedule that will accommodate the Montanera Project's construction.

ORDER

IT IS ORDERED that:

1. Pacific Gas and Electric Company (PG&E) is granted a permit to construct the Gateway Valley 115 kV Power Line Relocation Project described in Application 05-06-031 and this order.

2. We adopt the environmental findings and mitigation measures adopted by the City of Orinda related to the PG&E power line relocation component of the Montanera Project, and the City's Statement of Overriding Considerations, for purposes of our approval.

3. The requirement for a 30-day period for public review and comment is waived as permitted by Pub. Util. Code Section 311(g)(2).

4. Application 05-06-031 is closed.

This order is effective today.

Dated September 22, 2005, at San Francisco, California.

Previous PageTop Of PageGo To First Page