FINDINGS
1. General Order 131-D requires utilities planning to construct facilities that are exempt from the requirement to file an application for a certificate of public convenience and necessity or permit to construct to file informational advice letters providing the Commission with notice regarding the construction of the facilities.
2. Although General Order 131-D Sections XI.A and B requires that a utility mail notice of construction of projects exempt from certificate of public convenience and necessity or permit to construct requirements to planning directors for each county or city in which a proposed project would be located, the Executive Director, and the California Energy Conservation and Development Commission (Energy Commission) at least 30 days before construction is intended to begin, and to publish advertisements for two consecutive weeks at least 45 days before the utility intends to commence construction, General Order 131-D does not preclude the Commission from ordering that construction begin at an earlier date.
3. General Order 131-D Section XIII provides that, within 30 days after a utility has submitted its response to any protest, the Executive Director, after consulting with the [Energy Division] shall issue an Executive Resolution on whether the utility is to file an application for a certificate of public convenience and necessity or permit to construct, or the protest is dismissed for failure to state a valid reason. Executive Resolutions must state the reasons for granting or denying the protest. Executive Resolutions may order the utility to file an application for a certificate of public convenience and necessity or permit to construct.
4. On January 17, 2001, Governor Gray Davis proclaimed a state of Emergency to exist due to the energy shortage in the State of California. On February 8, 2001, the Governor issued Executive Order D-26-01 which states that "this energy supply emergency poses a threat to public health, safety, and welfare and requires the siting of new powerplants that can be on-line to avoid electricity supply shortages this summer and next." The Executive Order also ordered, among other things, that all state and local agencies referred to in that Executive Order undertake the tasks described therein as expeditiously as possible for the purpose of accelerating the availability of new generation sources to the State.
5. Failure to begin utility projects, for which no certificate of public convenience and necessity or permit to construct is required, that are needed to provide access to new sources of electrical energy such as generation plants, prior to 45 days after the filing on an advice letter concerning the project, could result in construction delays that may prevent such sources from coming on line in time for the summer, 2001, peak energy use season.
6. An adequate and reliable supply of electrical energy is vital to the health and welfare of all Californians, and, in times of energy supply emergencies, the development of new facilities to meet the state's energy needs should not be delayed for reasons that are not based on technical constraints, or on the need to provide the public with an adequate opportunity to review and/or protest proposed projects.
7. The current energy crisis threatens the health and welfare of Californians, and requires correction in the shortest practical time consistent with due process and other regulatory concerns. Time is of the essence in providing relief. The existence of this energy supply emergency, and the potential for delays in bringing vital projects on line by summer, create an unforeseen emergency, within the definition set forth in Rules 81 and 77.7 of the Commission's Rules of Practice and Procedure, and thus justify a reduction or waiver of the resolution comment period generally required by Public Utilities Code Section 311(g).
8. The public interest in the Commission taking immediate action to prevent factors other than technical considerations and due process concerns from delaying construction of facilities that will provide access to additional electrical energy during the current energy supply emergency clearly outweighs the public interest in delaying Commission action until after the 30 day review and comment period normally required by Public Utilities Code Section 311(g).
9. The need to create a procedure to accelerate construction of transmission and distribution projects that will provide access to additional electrical energy during the current energy supply emergency in a manner that retains protest rights and the opportunity to review and comment on proposed projects is an unusual matter. The Commission needs to fulfill its duty to ensure Californians have an adequate and reliable supply of electricity. The delay that would result from application in all cases of the notice timing requirements of GO 131-D Section XI.B could cause critical hardship in the peak use months ahead.
