Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Jeffrey P. O'Donnell is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. All necessary CEQA review of the proposed project modifications has occurred.

2. ED prepared an Addendum to the Final EIR (included as Attachment A to this decision) that concludes the project modification described therein will not result in a significant impact to the environment.

Conclusions of Law

1. The Addendum to the Final EIR contained in Attachment A to this order should be approved.

2. D.05-11-026 should be modified to authorize construction of the SGRP as modified by the Addendum.

3. A reduction of the comment period is appropriate due to the public necessity to complete the soil transport as soon as possible.

4. This order should be effective immediately to allow PG&E to complete construction of the project as soon as possible.

ORDER

IT IS ORDERED that:

1. Decision 05-11-026 is modified to allow Pacific Gas and Electric Company to construct the steam generator replacement program for Diablo Canyon Power Plant Units 1 & 2 as modified by the Addendum to the Final Environmental Impact Report (EIR), included as Attachment A to this decision.

2. The Addendum to the Final EIR is approved.

3. Application 04-01-009 is closed.

This order is effective today.

Dated May 3, 2007, at San Francisco, California.

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