Procedural Matters

On May 14, 2001, the East Bay Regional Park District (EBRP) filed a petition to intervene. EBRPD operates the Shadow Cliffs Regional Recreation Area. One of the alternatives identified in the FEIR S5 borders the eastern boundary of Shadow Cliffs. The S5 alternative had been eliminated as infeasible in the DEIR. EBRPD argues that because this alternative was not previously considered to be feasible, it has been denied the opportunity to provide meaningful comments on it, and therefore it should now be allowed to intervene in the proceeding.

On May 16, 2001, PG&E filed its opposition to EBRPD's petition. PG&E argues the petition is untimely, fails to show good cause why the petition should be granted, and raises issues that have been fully considered in the CEQA proceedings. On May 21, 2001, with the assigned ALJ's permission, EBRPD filed a reply to PG&E's opposition.

It's clear from the documents attached to EBRPD's petition to intervene that EBRPD has closely followed this proceeding. Unlike numerous other parties who have intervened in this proceeding to protect their rights prior to particular alternatives being identified or selected as environmentally superior, EBRPD chose not to intervene, despite the fact that two parks it manages were potentially impacted by alternatives studied in the DEIR. EBRPD's comments as part of the CEQA process are included as part of the FEIR (Exhibit 1003) and are part of the record.

However given that a new alternative was identified in the FEIR that could impact one of EBRPD's parks, we will grant the petition to intervene in order to consider the comments filed by EBRPD and additional information submitted by declaration.