3. Scope of Issues

Pursuant to General Order 131-D, in order to issue a permit to construct (PTC), the Commission must find that the project complies with the California Environmental Quality Act (CEQA).¹ CEQA requires the lead agency (the Commission in this case) to conduct a review to identify environmental impacts of the project, and ways to avoid or reduce environmental damage, for consideration in the determination of whether to approve the project or a project alternative. If the initial study shows that there is no substantial evidence that the proposed project may have a significant effect on the environment, or if the initial study identifies potentially significant effects and the project proponent makes or agrees to revisions to the project plan that will reduce all project-related environmental impacts to less than significant levels, then the lead agency shall prepare a proposed negative declaration or mitigated negative declaration subject to public notice and the opportunity for the public review and comment. (CEQA Guidelines §§15070-15073.)

CEQA requires that, prior approving the project or a project alternative, the lead agency consider the proposed negative declaration or mitigated negative declaration along with any comments received during the public review process, and that the lead agency adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record that there is no substantial evidence that the project will have a significant effect on the environment and that the proposed negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. (CEQA Guidelines §15074(a)-(b).) If the lead agency adopts a mitigated negative declaration, CEQA requires that it also adopt a program for monitoring or reporting on the changes or conditions required to mitigate or avoid significant environmental effects. (CEQA Guidelines §§15074(d).)

In addition, pursuant to General Order 131-D and Decision (D.) 06-01-042, the Commission will not certify a project unless its design is in compliance with the Commission's policies governing the mitigation of electromagnetic field (EMF) effects using low-cost and no-cost measures.

Accordingly, the issues to be determined in this proceeding are:

1. Is there substantial evidence that, with the incorporation of mitigation measures identified in the Mitigation Monitoring, Reporting, and Compliance Plan included therein, all project-related environmental impacts can be reduced to less than significant levels?

2. Was the mitigated negative declaration completed in compliance with CEQA, did the Commission review and consider the mitigated negative declaration prior to approving the project, and does the mitigated negative declaration reflect the Commission's independent judgment and analysis?

3. Is the proposed project designed in compliance with the Commission's policies governing the mitigation of EMF effects using low-cost and no-cost measures?

¹ Public Resources Code Section 21000, et seq.