VIII. Assignment of Proceeding
Michael R. Peevey is the assigned Commissioner and Sarah R. Thomas is the assigned Administrative Law Judge in this proceeding.
1. The routing for the remaining portion of PacifiCorp's transmission line is hotly disputed.
2. D.06-10-047 made no determination of the proper routing of the Southern Portion of the project, and left open the possibility of further environmental review.
3. The evidentiary hearings on the Southern Portion occurred after the DMND was prepared, and the FMND does not consider the hearing record.
4. PacifiCorp has adequate capacity in the Weed area to serve its local load. Its contract with the firm transmission customer is causing overloading.
5. PacifiCorp has had overloading on the relevant lines since 2003 but did not file its application until 2005.
6. PacifiCorp is having and will have problems securing rights-of-way for the line in question.
7. Several potential routes have been presented.
8. PacifiCorp has been slow in providing certain data to the Commission and its environmental consultants.
9. One alternative route does not require widening the right-of-way along the existing transmission corridor.
10. The FMND evaluated only Option 3 in full.
11. The Commission gave PacifiCorp permission in October 2006 to construct the Northern Portion of the project in response to PacifiCorp's request for an early decision.
12. Evaluation of other routes is necessary so the Commission may consider the full range of options in this proceeding.
1. While CEQA does not require preparation of an EIR in all cases where alternative routes have been proposed, it is within the Commission's discretion to order preparation of an EIR where the only route evaluated in the FMND is disputed.
2. The Commission may order preparation of an EIR after it certifies a FMND if it reserves the right to do so in its certifying decision.
3. A lead agency under CEQA may prepare an EIR after certifying an FMND if new information of substantial importance is available after certification.
4. This decision should not serve as precedent for requiring an EIR in all GO 131-D cases.
5. The Energy Policy Act of 2005 allows load-serving entities to use their own and contracted-for transmission capacity to the extent required to meet their service obligations, without being subject to charges of unlawful discrimination.
6. FERC Order No. 888 granted a rollover right to existing firm service customers, but allowed transmission providers to restrict that rollover right if the capacity was reasonably forecasted to be needed to serve native load customers, as long as that restriction was specified in the customer's service contract.
INTERIM ORDER
IT IS ORDERED that:
1. The Commission shall, through its consultant, Environmental Science Associates, prepare an Environmental Impact Report (EIR) assessing the environmental impacts of all the route options discussed in this decision and any other that the California Environmental Quality Act process may find to be a part of a reasonable range of alternatives.
2. The preparation of the EIR shall occur as soon as possible.
3. The motion filed by Don and Judy Mackintosh (Mackintoshes) to leave the record open after hearing is granted for a period of seven calendar days from the date of this decision. If the Mackintoshes choose to submit new data, they shall file and serve it as instructed herein. In addition, they shall indicate the first paragraph in a cover pleading accompanying the data that this decision allows such submission. Once the Commission receives the data, the assigned Administrative Law Judge will by ruling instruct the parties as to whether further briefing or other response is appropriate. No extensions of time will be allowed, given that the Mackintoshes have had since October 2006 to proffer the new data.
4. PacifiCorp and its contractors will work in cooperation with the Commission and its consultant, ESA, to provide all information necessary to prepare an EIR. PacifiCorp will respond to all Data Requests within a 14-day period. If PacifiCorp determines that it cannot fully respond within the 14-day period this time period can be extended after consultation with the Commission and ESA.
This order is effective today.
Dated March 15, 2007, at San Francisco, California.
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
I dissent.
/s/ MICHAEL R. PEEVEY
President
APPENDIX 2
(Service List)
************ APPEARANCES ************ |
Steve Berminger |
********** STATE EMPLOYEE *********** |
Jennifer Johnson |
(END OF APPENDIX 2)
