HMD/jva 10/16/2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation, for a Permit To Construct the Atlantic-Del Mar Reinforcement Project Pursuant to General Order 131-D. (U 39 E)

Application 01-07-004 (Filed July 9, 2001)

ASSIGNED COMMISSIONER'S RULING
ESTABLISHING CATEGORY AND PROVIDING SCOPING MEMO
IN COMPLIANCE WITH ARTICLE 2.5, SENATE BILL 960
RULES AND PROCEDURES

Pursuant to Rules 6(a)(3) and 6.3 of the Commission's Rules of Practice and Procedure,¹ this ruling sets forth the procedural schedule, assigns the principal hearing officer, and addresses the scope of the proceeding following a prehearing conference (PHC) held on October 25, 2001 and additional environmental review of the proposed project. This ruling is appealable only as to category of this proceeding under the procedures in Rule 6.4. In delineating the scope of this proceeding, I have considered the application, the protest and letters submitted, as well as discussion at the PHC, replies to the protest and letters, exhibits and supplemental information submitted at the PHC, materials filed after the PHC, and the draft and revised Mitigated Negative Declaration (MND).

Background

By this application, Pacific Gas and Electric Company (PG&E) seeks a permit to construct additional transmission capacity in the Rocklin and Roseville area. The Atlantic-Del Mar Reinforcement Project would result in the construction of approximately 4.1 miles of new single circuit 60 kilovolt (kV) electric power line, installation of a new circuit breaker at Atlantic Substation and a new switch at Del Mar Substation. The project is located approximately 15 miles northeast of Sacramento. In conjunction with its application, PG&E filed its Proponent's Environmental Assessment. The Commission's Energy Division conducted an independent environmental review of PG&E's proposed project.

The Commission issued a preliminary finding in Resolution ALJ 176-3067, issued on July 12, 2001, that the category for this proceeding is ratesetting and determined that the matter should be set for hearing. The City of Rocklin (Rocklin) filed a protest with the Commission's Docket Office. The Commission has also received several letters from interested residents. The Commission held a PHC on October 25, 2001 in Rocklin.

On October 16, 2001 the Energy Division issued a Draft Mitigated Negative Declaration and Initial Study (DMND/IS) as part of the environmental review process. The environmental review team held an informational meeting in Rocklin on October 25, 2001, to help the communities in the proposed project vicinity to understand the project and the findings of the Draft Initial Study and Mitigated Negative Declaration. Comments on the DMND/IS were due by November 16, 2001.

On October 15, 2002, the Energy Division issued its Revised Mitigated Negative Declaration and Initial Study (RMND/IS) incorporating changes made as a result of comments.² Undergrounding along a portion of PG&E's proposed project route is incorporated as a mitigation measure. PG&E has accepted the mitigation measures incorporated into the RMND/IS and therefore the project PG&E is now proposing is the initial project, as modified by the mitigation measures set forth in the RMND/IS.

¹ All references to Rules are to the Commission's Rules of Practice and Procedure found in Title 20 of the California Code of Regulations.

² The Revised MND is identified as Exhibit 5 and will be received into evidence on the date of this ruling. At the PHC the administrative law judge (ALJ) reserved Exhibit 2 for the Final MND.