5. Assignment of Proceeding
Geoffrey F. Brown is the Assigned Commissioner. Anne E. Simon is the assigned Administrative Law Judge.
1. The City authorized the creation of the Underground District by Resolution R-293141, adopted on May 16, 2000, for the purpose of allowing the 138 kV transmission line running overhead along 30th Street to be placed underground.
2. The City determined that the Underground District was exempt from the requirements of CEQA.
3. The initial undergrounding work for the 30th Street 138 kV overheard line was planned for the route set out in Appendix A hereto.
4. In September 2000, SDG&E notified the City that the route was changed to the route set out in Appendix B hereto.
5. The route chosen by SDG&E was outside the boundaries of the Underground District established by the City.
6. Construction on the Undergrounding Project, using the new route, began in August 2001; the new underground line was placed into service in April 2002.
7. SDG&E undertook the construction of the Undergrounding Project without seeking a permit to construct (PTC) pursuant to GO 131-D.
8. SDG&E did not provide the notice of the construction of the Undergrounding Project required by GO 131-D, § IX.A.
9. The Undergrounding Project was planned and constructed in accordance with the procedures set out in SDG&E's EMF Design Guidelines for Transmission, Distribution, and Substation Facilities (May 23, 1994).
10. Additional undergrounding of the overhead 138 kV transmission line running along 30th Street is planned.
1. The Administrative Law Judge's Ruling Granting Motion to Dismiss, dated April 6, 2005, and responding to the City's motion, should be confirmed.
2. The Undergrounding Project does not comply with the requirements of CEQA, in that it was constructed without CEQA review although it did not meet the requirements for exemption under section 15302 of the CEQA Guidelines.
3. The notice requirements of GO 131-D, § XI.A applied to the Undergrounding Project.
4. The Undergrounding Project did not comply with the requirements of GO 131-D.
5. The Commission is a responsible agency under CEQA for the Undergrounding Project.
6. Because the Undergrounding Project has been completed and is in operation, SDG&E should not now be required to comply with the applicable CEQA requirements.
7. Because the Undergrounding Project has been completed and is in operation, SDG&E should not now be required to seek a PTC or comply with the GO 131-D, § XI.A notice requirements.
8. SDG&E complied with the requirements of D.93-11-013 in construction of the Undergrounding Project.
9. SDG&E should not be required to make any alterations to the existing work done for the Undergrounding Project to attempt to reduce EMF emissions.
10. In order to resolve any uncertainty about the status of the Undergrounding Project, this order should be effective immediately.
IT IS ORDERED that:
1. The Administrative Law Judge's Ruling Granting Motion to Dismiss, dated April 6, 2005, and dismissing the complaint as to the City of San Diego, is confirmed.
2. Case 04-12-012 is dismissed.
3. This proceeding is closed.
This order is effective today.
Dated _____________________, at San Francisco, California.
PPENDIX A B C TO SIMON'S POD C0412012
