25500-25543
PUBLIC RESOURCES CODE
SECTION 25500-25543
25500. In accordance with the provisions of this division, the
commission shall have the exclusive power to certify all sites and
related facilities in the state, whether a new site and related
facility or a change or addition to an existing facility. The
issuance of a certificate by the commission shall be in lieu of any
permit, certificate, or similar document required by any state, local
or regional agency, or federal agency to the extent permitted by
federal law, for such use of the site and related facilities, and
shall supersede any applicable statute, ordinance, or regulation of
any state, local, or regional agency, or federal agency to the extent
permitted by federal law.
After the effective date of this division, no construction of any
facility or modification of any existing facility shall be commenced
without first obtaining certification for any such site and related
facility by the commission, as prescribed in this division.
25500.5. The commission shall certify sufficient sites and related
facilities which are required to provide a supply of electric power
sufficient to accomodate the demand projected in the most recent
forecast of statewide and service area electric power demands adopted
pursuant to subdivision (b) of Section 25309.
25501. This chapter does not apply to any site or related facility
for which the Public Utilities Commission has issued a certificate of
public convenience and necessity or which any municipal utility has
approved before January 7, 1975.
25501.7. Any person proposing to construct a facility or a site to
which Section 25501 applies may waive the exclusion of such site and
related facility from the provisions of this chapter by submitting to
the commission a notice to that effect on or after July 1, 1976, and
any and all of the provisions of this chapter shall apply to the
construction of such facility.
25502. Each person proposing to construct a thermal powerplant or
electric transmission line on a site shall submit to the commission a
notice of intention to file an application for the certification of
the site and related facility or facilities. The notice shall be an
attempt primarily to determine the suitability of the proposed sites
to accommodate the facilities and to determine the general conformity
of the proposed sites and related facilities with standards of the
commission and assessments of need adopted pursuant to Sections 25305
to 25308, inclusive. The notice shall be in the form prescribed by
the commission and shall be supported by such information as the
commission may require.
Any site and related facility once found to be acceptable pursuant
to Section 25516 is, and shall continue to be, eligible for
consideration in an application for certification without further
proceedings required for a notice under this chapter.
25502.3. Except as provided in Section 25501.7, any person
proposing to construct a facility excluded from the provisions of
this chapter may waive such exclusion by submitting to the commission
a notice of intention to file an application for certification, and
any and all of the provisions of this chapter shall apply to the
construction of such facility.
25503. Each notice of intention to file an application shall
contain at least three alternative sites and related facilities, at
least one of which shall not be located in whole or in part in the
coastal zone. In addition, the alternative sites and related
electrical facilities may be proposed from an inventory of sites
which have previously been approved by the commission in a notice of
intent or may be proposed from sites previously examined.
25504. The notice of intention shall include a statement by the
applicant describing the location of the proposed sites by section or
sections, range and township, and county; a summary of the proposed
design criteria of the facilities; the type or types of fuels to be
used; the methods of construction and operation; the proposed
location of facilities and structures on each site; a preliminary
statement of the relative economic, technological, and environmental
advantages and disadvantages of the alternative site and related
facility proposals; a statement of need for the facility and
information showing the compatibility of the proposals with the most
recent electricity report issued pursuant to Section 25308; and any
other information that an electric utility deems desirable to submit
to the commission.
25504.5. An applicant may, in the notice, propose a site to be
approved which will accomodate a potential maximum electric
generating capacity in excess of the capacity being proposed for the
initial approval of the commission. If such a proposal is made, the
notice shall include, but not be limited to, in addition to the
information specified in Section 25504, all of the following:
(a) The number, type, and energy source of electric generating
units which the site is proposed ultimately to accomodate and the
maximum generating capacity for each unit.
(b) The projected installation schedule for each unit.
(c) The impact at the site when fully developed, on the
environment and public health and safety.
(d) The amount and sources of cooling water needed at the fully
developed site.
(e) The location and specifications of auxiliary facilities
planned for each state of development including, but not limited to,
pipelines, waste storage facilities, fuel storage facilities,
switchyards, coolant lines, coolant outfalls, and cooling ponds,
lakes, or towers.
25505. Upon receipt of a notice, the commission shall cause a
summary of the notice to be published in a newspaper of general
circulation in each county in which the sites and related facilities,
or any part thereof, designated in the notice are proposed to be
located. The commission shall also transmit a copy of the notice to
the Public Utilities Commission, for sites and related facilities
requiring a certificate of public convenience and necessity, and to
other federal, state, regional, and local agencies having an interest
in matters pertinent to the proposed facilities at any of the
alternative sites. A copy of the notice shall also be transmitted to
the Attorney General.
25506. The commission shall request the appropriate local,
regional, state, and federal agencies to make comments and
recommendations regarding the design, operation, and location of the
facilities designated in the notice, in relation to environmental
quality, public health and safety, and other factors on which they
may have expertise.
25506.5. The commission shall request the Public Utilities
Commission, for sites and related facilities requiring a certificate
of public convenience and necessity, to make comments and
recommendations regarding the design, operation, and location of the
facilities designated in the notice in relation to the economic,
financial, rate, system reliability, and service implications of the
proposed facilities.
25507. (a) If any alternative site and related facility proposed in
the notice is proposed to be located, in whole or in part, within
the coastal zone, the commission shall transmit a copy of the notice
to the California Coastal Commission. The California Coastal
Commission shall analyze the notice and prepare the report and
findings prescribed by subdivision (d) of Section 30413 prior to
commencement of hearings pursuant to Section 25513.
(b) If any alternative site and related facility proposed in the
notice is proposed to be located, in whole or in part, within the
Suisun Marsh, or within the jurisdiction of the San Francisco Bay
Conservation and Development Commission, the commission shall
transmit a copy of the notice to the San Francisco Bay Conservation
and Development Commission. The San Francisco Bay Conservation and
Development Commission shall analyze the notice and prepare the
report and findings prescribed by subdivision (d) of Section 66645 of
the Government Code prior to commencement of hearings pursuant to
Section 25513.
25508. The commission shall cooperate with, and render advice to,
the California Coastal Commission and the San Francisco Bay
Conservation and Development Commission in studying applications for
any site and related facility proposed to be located, in whole or in
part, within the coastal zone, the Suisun Marsh, or the jurisdiction
of the San Francisco Bay Conservation and Development Commission if
requested by the California Coastal Commission or the San Francisco
Bay Conservation and Development Commission, as the case may be. The
California Coastal Commission or the San Francisco Bay Conservation
and Development Commission, as the case may be, may participate in
public hearings on the notice and on the application for site and
related facility certification as an interested party in such
proceedings.
25509. Within 45 days of the filing of the notice, the commission
shall conduct public informational presentations in the county or
counties in which the proposed sites and related facilities are
located. The place of such public informational presentations shall
be as close as practicable to the proposed sites. Such presentations
shall be for the purpose of setting forth the electrical demand basis
for the proposed site and related facility and providing knowledge
and understanding of the proposed facilities and sites.
25509.5. No sooner than 15 days after the conclusion of the
presentations pursuant to Section 25509, the commission shall
commence nonadjudicatory hearings. Such hearings shall identify
issues for adjudication in hearings pursuant to Section 25513, issues
which may be eliminated from further consideration in the notice
proceedings, and issues which should be deferred to the certification
proceeding. Any person may participate to the extent deemed
reasonable and relevant by the presiding member of the commission in
any such hearing. In scheduling such hearings the presiding member
shall confer with the public adviser to provide that the hearing
dates and locations are as convenient as possible for interested
parties and the public. Such hearings shall be conducted in order to
accomplish all of the following purposes:
(a) To set forth the electrical demand basis for the proposed site
and related facility.
(b) To provide knowledge and understanding of proposed facilities
and sites.
(c) To obtain the views and comments of the public, parties, and
concerned governmental agencies on the environmental, public health
and safety, economic, social, and land use impacts of the facility at
the proposed sites.
(d) To solicit information regarding reasonable alternative
sources of the electric generating capacity or energy to be provided
by alternative sites and related facilities, or combinations thereof,
which will better carry out the policies and objectives of this
division.
25510. After the conclusion of such hearings, and no later than 150
days after filing of the notice, the commission shall prepare and
make public a summary and hearing order on the notice of intention to
file an application. The commission may include within the summary
and hearing order any other alternatives proposed by the commission
or presented to the commission at a public hearing prior to
preparation of the summary and hearing order. The summary and hearing
order shall be published and made available to the public and to
interested local, regional, state, and federal agencies.
25511. The commission shall review the factors related to safety
and reliability of the facilities at each of the alternative sites
designated in the notice. In addition to other information requested
of the applicant, the commission shall, in determining the
appropriateness of sites and related facilities, require detailed
information on proposed emergency systems and safety precautions,
plans for transport, handling and storage of wastes and fuels,
proposed methods to prevent illegal diversion of nuclear fuels,
special design features to account for seismic and other potential
hazards, proposed methods to control density of population in areas
surrounding nuclear powerplants, and such other information as the
commission may determine to be relevant to the reliability and safety
of the facility at the proposed sites. The commission shall analyze
the information provided by the applicant, supplementing it, where
necessary, by onsite investigations and other studies. The commission
shall determine the adequacy of measures proposed by the applicant
to protect public health and safety, and shall include its findings
in the final report required by Section 25514.
25512. The summary and hearing order shall be based upon the record
of the proceeding including statements or documents presented during
any hearing or informational presentation on the notice, the
comments transmitted by the Public Utilities Commission and local,
regional, state, and federal agencies and the public to the
commission, and independent studies conducted by the commission's
staff.
The summary and hearing order shall:
(a) Identify those issues for consideration in hearings pursuant
to Section 25513.
(b) Identify those issues which may be eliminated from further
consideration in the notice of intention proceedings.
(c) Identify those issues which should be deferred to the
certification proceeding.
(d) Contain proposed findings on matters relevant to the
provisions of Section 25514.
(e) Specify dates for the adjudicatory hearings.
25512.5. Within 15 days of the publication of the summary and
hearing order, a copy will be distributed to any person who requests
such copy.
25513. No earlier than 30 days after distribution of the summary
and hearing order, the commission shall commence adjudicatory
hearings pursuant to the hearing order.
25513.3. Notwithstanding Sections 11425.30 and 11430.10 of the
Government Code, unless a party demonstrates other statutory grounds
for disqualification, a person who has served as investigator or
advocate in an adjudicative proceeding of the commission under this
code may serve as a supervisor of the presiding officer or assist or
advise the presiding officer in the same proceeding if the service,
assistance, or advice occurs more than one year after the time the
person served as investigator or advocate, provided the content of
any advice is disclosed on the record and all parties have an
opportunity to comment on the advice.
25514. After conclusion of the hearings held pursuant to Section
25513 and no later than 300 days after the filing of the notice, a
final report shall be prepared and distributed. The final report
shall include, but not be limited to, all of the following:
(a) The findings and conclusions of the commission regarding the
conformity of alternative sites and related facilities designated in
the notice or considered in the notice of intention proceeding with
both of the following:
(1) The 12-year forecast of statewide and service area electric
power demands adopted pursuant to subdivision (e) of Section 25305,
except as provided in Section 25514.5.
(2) Applicable local, regional, state, and federal standards,
ordinances, and laws, including any long-range land use plans or
guidelines adopted by the state or by any local or regional planning
agency, which would be applicable but for the exclusive authority of
the commission to certify sites and related facilities; and the
standards adopted by the commission pursuant to Section 25216.3.
(b) Any findings and comments submitted by the California Coastal
Commission pursuant to Section 25507 and subdivision (d) of Section
30413.
(c) Any findings and comments submitted by the San Francisco Bay
Conservation and Development Commission pursuant to Section 25507 of
this code and subdivision (d) of Section 66645 of the Government
Code.
(d) The commission's findings on the acceptability and relative
merit of each alternative siting proposal designated in the notice or
presented at the hearings and reviewed by the commission. The
specific findings of relative merit shall be made pursuant to
Sections 25502 to 25516, inclusive. In its findings on any
alternative siting proposal, the commission may specify modification
in the design, construction, location, or other conditions which will
meet the standards, policies, and guidelines established by the
commission.
(e) Findings and conclusions with respect to the safety and
reliability of the facility or facilities at each of the sites
designated in the notice, as determined by the commission pursuant to
Section 25511, and any conditions, modifications, or criteria
proposed for any site and related facility proposal resulting from
the findings and conclusions.
(f) Findings and conclusions as to whether increased property
taxes due to the construction of the project are sufficient to
support needed local improvements and public services required to
serve the project.
25514.3. In specifying any modifications, conditions, or criteria
pursuant to Section 25514, for sites and related facilities requiring
a certificate of public convenience and necessity, the commission
shall request the comments and recommendations of the Public
Utilities Commission on the economic, financial, rate, system
reliability, and service implications of such modifications,
conditions, or criteria.
25514.5. In considering the acceptability of a site proposed to
accommodate ultimately additional power-generating capacity, the
commission, in determining, pursuant to Sections 25514 and 25512, the
conformity of the facilities proposed in the notice with the 12-year
forecast of statewide and service area electric power demands
adopted pursuant to subdivision (e) of Section 25305, shall base its
determination only on such initial facilities as are proposed for
operation within the forthcoming 12-year period. Additional
facilities projected to be operating at the site at a time beyond the
forthcoming 12-year period shall not be considered in the
determination of conformity with the electric power demand forecast.
25515. No later than 30 days after the final report is distributed,
a hearing or hearings on the final report shall be commenced. Such
hearings shall be concluded within 15 days of their commencement.
25516. The approval of the notice by the commission shall be based
upon findings pursuant to Section 25514. The notice shall not be
approved unless the commission finds at least two alternative site
and related facility proposals considered in the commission's final
report as acceptable. If the commission does not find at least two
sites and related facilities acceptable, additional sites and related
facilities may be proposed by the applicant which shall be
considered in the same manner as those proposed in the original
notice.
If the commission finds that a good faith effort has been made by
the person submitting the notice to find an acceptable alternative
site and related facility and that there is only one acceptable site
and related facility among those submitted, the commission may
approve the notice based on the one site and related facility. If a
notice is approved based on one site and related facility, the
commission may require a new notice to be filed to identify
acceptable alternative sites and related facilities for the one site
and related facility approved unless suitable alternative sites and
related facilities have been approved by the commission in previous
notice of intention proceedings.
If the commission finds that additional electric generating
capacity is needed to accommodate the electric power demand forecast
pursuant to subdivision (e) of Section 25305 and, after the
commission finds that a good faith effort was made by the person
submitting the notice to propose an acceptable site and related
facility, it fails to find any proposed site and related facility to
be acceptable, the commission shall designate, at the request of and
at the expense of the person submitting the notice, a feasible site
and related facility for providing the needed electric generating
capacity.
25516.1. If a site and related facility found to be acceptable by
the commission pursuant to Section 25516 is located in the coastal
zone, the Suisun Marsh, or the jurisdiction of the San Francisco Bay
Conservation and Development Commission, no application for
certification may be filed pursuant to Section 25519 unless the
commission has determined, pursuant to Section 25514, that such site
and related facility have greater relative merit than available
alternative sites and related facilities for an applicant's service
area which have been determined to be acceptable by the commission
pursuant to Section 25516.
25516.5. On a notice which proposes an expanded ultimate electric
generating capacity for a site, the commission may, based upon
findings pursuant to Section 25514, either approve the notice only
for the initial facility or facilities proposed for operation within
the forthcoming 12-year period or may approve the notice for the
initial facility or facilities and find the site acceptable for
additional generating capacity of the type tentatively proposed. The
maximum allowable amount and type of such additional capacity shall
be determined by the commission.
If a notice is approved which includes a finding that a particular
site is suitable to accommodate a particular additional generating
capacity, the site shall be designated a potential multiple-facility
site. The commission may, in determining the acceptability of a
potential multiple-facility site, specify conditions or criteria
necessary to insure that future additional facilities will not exceed
the limitations of the site.
25516.6. (a) Except as otherwise expressly provided in this
division, the commission shall issue its written decision on the
notice not later than 12 months after the notice is filed, or at any
later time as is mutually agreed upon by the commission and the
applicant.
(b) The commission shall determine, within 45 days after it
receives the notice, whether the notice is complete. If the
commission determines that the notice is complete, the notice shall
be deemed filed for the purpose of this section on the date that this
determination is made. If the commission determines that the notice
is incomplete, the commission shall specify, in writing, those parts
of the notice which are incomplete and shall indicate the manner in
which it can be made complete. If the applicant submits additional
data to complete the notice, the commission shall determine, within
30 days after receipt of that data, whether the data is sufficient to
make the notice complete. The notice shall be deemed filed on the
date the commission determines the notice is complete if the
commission has adopted regulations specifying the informational
requirements for a complete notice, but if the commission has not
adopted regulations, the notice shall be deemed filed on the last
date the commission receives any additional data that completes the
notice.
25517. Except as provided in Section 25501, no construction of any
thermal powerplant or electric transmission line shall be commenced
by any electric utility without first obtaining certification as
prescribed in this division. Any onsite improvements not qualifying
as construction may be required to be restored as determined by the
commission to be necessary to protect the environment, if
certification is denied.
25518. The Public Utilities Commission shall issue no certificate
of public convenience and necessity for a site or related electrical
facilities unless the utility has obtained a certificate from the
commission.
25518.5. Nothing in this division shall preclude the concurrent
initiation of an application for a certificate of public convenience
and necessity from the Public Utilities Commission subject to the
condition specified in Section 25518.
25519. (a) In order to obtain certification for a site and related
facility, an application for certification of the site and related
facility shall be filed with the commission. The application shall be
in a form prescribed by the commission and shall be for a site and
related facility that has been found to be acceptable by the
commission pursuant to Section 25516, or for an additional facility
at a site that has been designated a potential multiple-facility site
pursuant to Section 25514.5 and found to be acceptable pursuant to
Sections 25516 and 25516.5. An application for an additional facility
at a potential multiple-facility site shall be subject to the
conditions and review specified in Section 25520.5. An application
may not be filed for a site and related facility, if there is no
suitable alternative for the site and related facility that was
previously found to be acceptable by the commission, unless the
commission has approved the notice based on the one site as specified
in Section 25516.
(b) The commission, upon its own motion or in response to the
request of any party, may require the applicant to submit any
information, document, or data, in addition to the attachments
required by subdivision (i), that it determines is reasonably
necessary to make any decision on the application.
(c) The commission shall be the lead agency as provided in Section
21165 for all projects that require certification pursuant to this
chapter and for projects that are exempted from such certification
pursuant to Section 25541. Unless the commission's regulatory program
governing site and facility certification and related proceedings
are certified by the Resources Agency pursuant to Section 21080.5, an
environmental impact report shall be completed within one year after
receipt of the application. If the commission prepares a document or
documents in the place of an environmental impact report or negative
declaration under a regulatory program certified pursuant to Section
21080.5, any other public agency that must make a decision that is
subject to the California Environmental Quality Act, Division 13
(commencing with Section 21000), on a site or related facility, shall
use the document or documents prepared by the commission in the same
manner as they would use an environmental impact report or negative
declaration prepared by a lead agency.
(d) If the site and related facility specified in the application
is proposed to be located in the coastal zone, the commission shall
transmit a copy of the application to the California Coastal
Commission for its review and comments.
(e) If the site and related facility specified in the application
is proposed to be located in the Suisun Marsh or the jurisdiction of
the San Francisco Bay Conservation and Development Commission, the
commission shall transmit a copy of the application to the San
Francisco Bay Conservation and Development Commission for its review
and comments.
(f) Upon receipt of an application, the commission shall forward
the application to local governmental agencies having land use and
related jurisdiction in the area of the proposed site and related
facility. Those local agencies shall review the application and
submit comments on, among other things, the design of the facility,
architectural and aesthetic features of the facility, access to
highways, landscaping and grading, public use of lands in the area of
the facility, and other appropriate aspects of the design,
construction, or operation of the proposed site and related facility.
(g) Upon receipt of an application, the commission shall cause a
summary of the application to be published in a newspaper of general
circulation in the county in which the site and related facilities,
or any part thereof, designated in the application, is proposed to be
located. The commission shall transmit a copy of the application to
each federal and state agency having jurisdiction or special interest
in matters pertinent to the proposed site and related facilities and
to the Attorney General.
(h) Local and state agencies having jurisdiction or special
interest in matters pertinent to the proposed site and related
facilities shall provide their comments and recommendations on the
project within 180 days of the date of filing of an application.
(i) The adviser shall require that adequate notice is given to the
public and that the procedures specified by this division are
complied with.
(j) For any proposed site and related facility requiring a
certificate of public convenience and necessity, the commission shall
transmit a copy of the application to the Public Utilities
Commission and request the comments and recommendations of the Public
Utilities Commission on the economic, financial, rate, system
reliability, and service implications of the proposed site and
related facility. If the commission requires modification of the
proposed facility, the commission shall consult with the Public
Utilities Commission regarding the economic, financial, rate, system
reliability, and service implications of those modifications.
(k) The commission shall transmit a copy of the application to any
governmental agency not specifically mentioned in this act, but
which it finds has any information or interest in the proposed site
and related facilities, and shall invite the comments and
recommendations of each agency. The commission shall request any
relevant laws, ordinances, or regulations that an agency has
promulgated or administered.
(l) An application for certification of any site and related
facilities shall contain a listing of every federal agency from which
any approval or authorization concerning the proposed site is
required, specifying the approvals or authorizations obtained at the
time of the application and the schedule for obtaining any approvals
or authorizations pending.
25520. The application shall contain all of the following
information and any other information that the commission by
regulation may require:
(a) A detailed description of the design, construction, and
operation of the proposed facility.
(b) Safety and reliability information, including, in addition to
documentation previously provided pursuant to Section 25511, planned
provisions for emergency operations and shutdowns.
(c) Available site information, including maps and descriptions of
present and proposed development and, as appropriate, geological,
aesthetic, ecological, seismic, water supply, population, and load
center data, and justification for the particular site proposed.
(d) Any other information relating to the design, operation, and
siting of the facility that the commission may specify.
(e) A description of the facility, the cost of the facility, the
fuel to be used, the source of fuel, fuel cost, plant service life
and capacity factor, and generating cost per kilowatthour.
(f) A description of any electric transmission lines, including
the estimated cost of the proposed electric transmission line; a map
in suitable scale of the proposed routing showing details of the
rights-of-way in the vicinity of settled areas, parks, recreational
areas, and scenic areas, and existing transmission lines within one
mile of the proposed route; justification for the route, and a
preliminary description of the effect of the proposed electric
transmission line on the environment, ecology, and scenic, historic,
and recreational values.
25520.5. (a) In reviewing an application for an additional facility
at a potential multiple-facility site, the commission shall
undertake a reconsideration of its prior determinations in the final
report on the notice for the site issued pursuant to Section 25514,
based on current conditions and other reasonable and feasible
alternatives to the proposed facility.
(b) Within 180 days of the filing of the application for an
additional facility at a potential multiple-facility site and after
adequate public hearings, the commission shall issue its decision on
the acceptability of the proposed facility based on the
reconsideration specified in subdivision (a) of this section. A
negative determination shall be the final decision of the commission
on the application and subject to judicial review pursuant to Section
25531. An affirmative determination shall not be a final decision of
the commission on the application.
(c) The decision of the commission on an application for an
additional facility at a potential multiple-facility site receiving a
favorable determination pursuant to subdivision (b) of this section
shall be issued within 24 months after the filing of the application
or at such later time as is mutually agreed upon by the commission
and the applicant.
25521. No earlier than 90 nor later than 240 days after the date of
the filing of an application, the commission shall commence a public
hearing or hearings on the application in Sacramento, San Francisco,
Los Angeles, or San Diego, whichever city is nearest the proposed
site. Additionally, the commission may hold a hearing or hearings in
the county in which the proposed site and related facilities are to
be located. The commission hearings shall provide a reasonable
opportunity for the public and all parties to the proceeding to
comment upon the application and the commission staff assessment and
shall provide the equivalent opportunity for comment as required
pursuant to Division 13 (commencing with Section 21000). Consistent
with the requirements of this section, the commission shall have the
discretion to determine whether or not a hearing is to be conducted
in a manner that requires formal examination of witnesses or that
uses other similar adjudicatory procedures.
25522. (a) Except as provided in subdivision (c) of Section
25520.5, within 18 months of the filing of an application for
certification, or within 12 months if it is filed within one year of
the commission's approval of the notice of intent, or at any later
time as is mutually agreed by the commission and the applicant, the
commission shall issue a written decision as to the application.
(b) The commission shall determine, within 45 days after it
receives the application, whether the application is complete. If the
commission determines that the application is complete, the
application shall be deemed filed for purposes of this section on the
date that this determination is made. If the commission determines
that the application is incomplete, the commission shall specify in
writing those parts of the application which are incomplete and shall
indicate the manner in which it can be made complete. If the
applicant submits additional data to complete the application, the
commission shall determine, within 30 days after receipt of that
data, whether the data is sufficient to make the application
complete. The application shall be deemed filed on the date when the
commission determines the application is complete if the commission
has adopted regulations specifying the informational requirements for
a complete application, but if the commission has not adopted
regulations, the application shall be deemed filed on the last date
the commission receives any additional data that completes the
application.
25523. The commission shall prepare a written decision after the
public hearing on an application, which includes all of the
following:
(a) Specific provisions relating to the manner in which the
proposed facility is to be designed, sited, and operated in order to
protect environmental quality and assure public health and safety.
(b) In the case of a site to be located in the coastal zone,
specific provisions to meet the objectives of Division 20 (commencing
with Section 30000) as may be specified in the report submitted by
the California Coastal Commission pursuant to subdivision (d) of
Section 30413, unless the commission specifically finds that the
adoption of the provisions specified in the report would result in
greater adverse effect on the environment or that the provisions
proposed in the report would not be feasible.
(c) In the case of a site to be located in the Suisun Marsh or in
the jurisdiction of the San Francisco Bay Conservation and
Development Commission, specific provisions to meet the requirements
of Division 19 (commencing with Section 29000) of this code or Title
7.2 (commencing with Section 66600) of the Government Code as may be
specified in the report submitted by the San Francisco Bay
Conservation and Development Commission pursuant to subdivision (d)
of Section 66645 of the Government Code, unless the commission
specifically finds that the adoption of the provisions specified in
the report would result in greater adverse effect on the environment
or the provisions proposed in the report would not be feasible.
(d) (1) Findings regarding the conformity of the proposed site and
related facilities with standards adopted by the commission pursuant
to Section 25216.3 and subdivision (d) of Section 25402, with public
safety standards and the applicable air and water quality standards,
and with other applicable local, regional, state, and federal
standards, ordinances, or laws. If the commission finds that there is
noncompliance with a state, local, or regional ordinance or
regulation in the application, it shall consult and meet with the
state, local, or regional governmental agency concerned to attempt to
correct or eliminate the noncompliance. If the noncompliance cannot
be corrected or eliminated, the commission shall inform the state,
local, or regional governmental agency if it makes the findings
required by Section 25525.
(2) The commission may not find that the proposed facility
conforms with applicable air quality standards pursuant to paragraph
(1) unless the applicable air pollution control district or air
quality management district certifies, prior to the licensing of the
project by the commission, that complete emissions offsets for the
proposed facility have been identified and will be obtained by the
applicant within the time required by the district's rules or unless
the applicable air pollution control district or air quality
management district certifies that the applicant requires emissions
offsets to be obtained prior to the commencement of operation
consistent with Section 42314.3 of the Health and Safety Code and
prior to commencement of the operation of the proposed facility. The
commission shall require as a condition of certification that the
applicant obtain any required emission offsets within the time
required by the applicable district rules, consistent with any
applicable federal and state laws and regulations, and prior to the
commencement of the operation of the proposed facility.
(e) Provision for restoring the site as necessary to protect the
environment, if the commission denies approval of the application.
(f) In the case of a site and related facility using resource
recovery (waste-to-energy) technology, specific conditions requiring
that the facility be monitored to ensure compliance with paragraphs
(1), (2), (3), and (6) of subdivision (a) of Section 42315 of the
Health and Safety Code.
(g) In the case of a facility, other than a resource recovery
facility subject to subdivision (f), specific conditions requiring
the facility to be monitored to ensure compliance with toxic air
contaminant control measures adopted by an air pollution control
district or air quality management district pursuant to subdivision
(d) of Section 39666 or Section 41700 of the Health and Safety Code,
whether the measures were adopted before or after issuance of a
determination of compliance by the district.
(h) A discussion of any public benefits from the project
including, but not limited to, economic benefits, environmental
benefits, and electricity reliability benefits.
25524. (a) "Qualified applicant" means an applicant for
certification of a solar thermal powerplant that meets each of the
following requirements:
(1) The commission has determined that the application for
certification was completed by February 1, 2010.
(2) The solar thermal powerplant is proposed to be constructed in
the planning area for the Desert Renewable Energy Conservation Plan,
as defined in Section 2069 of the Fish and Game Code.
(3) The developer or owner of the proposed solar thermal
powerplant has applied for, and would qualify for funding under the
federal American Recovery and Reinvestment Act of 2009 (Public Law
111-5). For purposes of this paragraph, "funding" includes a loan
guarantee made pursuant to Section 406 of the act (42 U.S.C. Sec.
16516) or a grant for specified energy property in lieu of a tax
credit provided pursuant to Section 1603 of Division B of the act,
which division is titled the American Recovery and Reinvestment Tax
Act of 2009.
(b) The commission shall establish a process to allow a qualified
applicant to elect to pay additional fees to be used by the
commission to contract with a third party, or more than one third
party, to assist commission staff in performing the analysis
otherwise performed by commission staff in determining whether or not
to issue a certification. The commission shall retain discretion as
to when this option will be offered to a qualified applicant.
(c) The amount of the fees charged by the commission pursuant to
this section shall be conditioned upon the qualified applicant
agreeing to that amount and electing to proceed with the retention of
the third party or parties pursuant to subdivision (b).
(d) All fees paid by a qualified applicant shall be used
exclusively for analysis of that applicant's application for
certification.
25524.1. (a) Except for the existing Diablo Canyon Units 1 and 2
owned by Pacific Gas and Electric Company and San Onofre Units 2 and
3 owned by Southern California Edison Company and San Diego Gas and
Electric Company, no nuclear fission thermal powerplant requiring the
reprocessing of fuel rods, including any to which this chapter does
not otherwise apply, excepting any having a vested right as defined
in this section, shall be permitted land use in the state or, where
applicable, certified by the commission until both of the following
conditions are met:
(1) The commission finds that the United States through its
authorized agency has identified and approved, and there exists a
technology for the construction and operation of, nuclear fuel rod
reprocessing plants.
(2) The commission has reported its findings and the reasons
therefor pursuant to paragraph (1) to the Legislature. That report
shall be assigned to the appropriate policy committees for review.
The commission may proceed to certify nuclear fission thermal
powerplants 100 legislative days after reporting its findings unless
within those 100 legislative days either house of the Legislature
adopts by a majority vote of its members a resolution disaffirming
the findings of the commission made pursuant to paragraph (1).
(3) A resolution of disaffirmance shall set forth the reasons for
the action and shall provide, to the extent possible, guidance to the
commission as to an appropriate method of bringing the commission's
findings into conformance with paragraph (1).
(4) If a disaffirming resolution is adopted, the commission shall
reexamine its original findings consistent with matters raised in the
resolution. On conclusion of its reexamination, the commission shall
transmit its findings in writing, with the reasons therefor, to the
Legislature.
(5) If the findings are that the conditions of paragraph (1) have
been met, the commission may proceed to certify nuclear fission
thermal powerplants 100 legislative days after reporting its findings
to the Legislature unless within those 100 legislative days both
houses of the Legislature act by statute to declare the findings null
and void and takes appropriate action.
(6) To allow sufficient time for the Legislature to act, the
reports of findings of the commission shall be submitted to the
Legislature at least six calendar months prior to the adjournment of
the Legislature sine die.
(b) The commission shall further find on a case-by-case basis that
facilities with adequate capacity to reprocess nuclear fuel rods
from a certified nuclear facility or to store that fuel if that
storage is approved by an authorized agency of the United States are
in actual operation or will be in operation at the time that the
nuclear facility requires reprocessing or storage; provided, however,
that the storage of fuel is in an offsite location to the extent
necessary to provide continuous onsite full core reserve storage
capacity.
(c) The commission shall continue to receive and process notices
of intention and applications for certification pursuant to this
division, but shall not issue a decision pursuant to Section 25523
granting a certificate until the requirements of this section have
been met. All other permits, licenses, approvals, or authorizations
for the entry or use of the land, including orders of court, which
may be required may be processed and granted by the governmental
entity concerned, but construction work to install permanent
equipment or structures shall not commence until the requirements of
this section have been met.
25524.2. Except for the existing Diablo Canyon Units 1 and 2 owned
by Pacific Gas and Electric Company and San Onofre Units 2 and 3
owned by Southern California Edison Company and San Diego Gas and
Electric Company, no nuclear fission thermal powerplant, including
any to which this chapter does not otherwise apply, but excepting
those exempted herein, shall be permitted land use in the state, or
where applicable, be certified by the commission until both of the
following conditions have been met:
(a) The commission finds that there has been developed and that
the United States through its authorized agency has approved and
there exists a demonstrated technology or means for the disposal of
high-level nuclear waste.
(b) (1) The commission has reported its findings and the reasons
therefor pursuant to paragraph (a) to the Legislature. That report
shall be assigned to the appropriate policy committees for review.
The commission may proceed to certify nuclear fission thermal
powerplants 100 legislative days after reporting its findings unless
within those 100 legislative days either house of the Legislature
adopts by a majority vote of its members a resolution disaffirming
the findings of the commission made pursuant to subdivision (a).
(2) A resolution of disaffirmance shall set forth the reasons for
the action and shall provide, to the extent possible, guidance to the
commission as to an appropriate method of bringing the commission's
findings into conformance with subdivision (a).
(3) If a disaffirming resolution is adopted, the commission shall
reexamine its original findings consistent with matters raised in the
resolution. On conclusion of its reexamination, the commission shall
transmit its findings in writing, with the reasons therefor, to the
Legislature.
(4) If the findings are that the conditions of subdivision (a)
have been met, the commission may proceed to certify nuclear fission
thermal powerplants 100 legislative days after reporting its findings
to the Legislature unless within those 100 legislative days both
houses of the Legislature act by statute to declare the findings null
and void and take appropriate action.
(5) To allow sufficient time for the Legislature to act, the
reports of findings of the commission shall be submitted to the
Legislature at least six calendar months prior to the adjournment of
the Legislature sine die.
(c) As used in subdivision (a), "technology or means for the
disposal of high-level nuclear waste" means a method for the
permanent and terminal disposition of high-level nuclear waste.
Nothing in this section requires that facilities for the application
of that technology or means be available at the time that the
commission makes its findings. That disposition of high-level nuclear
waste does not preclude the possibility of an approved process for
retrieval of the waste.
(d) The commission shall continue to receive and process notices
of intention and applications for certification pursuant to this
division but shall not issue a decision pursuant to Section 25523
granting a certificate until the requirements of this section have
been met. All other permits, licenses, approvals, or authorizations
for the entry or use of the land, including orders of court, which
may be required may be processed and granted by the governmental
entity concerned, but construction work to install permanent
equipment or structures shall not commence until the requirements of
this section have been met.
25524.5. The commission shall not certify any facility which adds
generating capacity to a potential multiple-facility site in excess
of the maximum allowable capacity established by the commission
pursuant to Section 25516.5, unless the commission finds that
exceeding the maximum allowable capacity will not increase adverse
environmental impacts or create technological, seismic, or other
difficulties beyond those already found acceptable in the commission'
s findings on the notice for that site pursuant to Sections 25516 and
25516.5.
25525. The commission may not certify a facility contained in the
application when it finds, pursuant to subdivision (d) of Section
25523, that the facility does not conform with any applicable state,
local, or regional standards, ordinances, or laws, unless the
commission determines that the facility is required for public
convenience and necessity and that there are not more prudent and
feasible means of achieving public convenience and necessity. In
making the determination, the commission shall consider the entire
record of the proceeding, including, but not limited to, the impacts
of the facility on the environment, consumer benefits, and electric
system reliability. The commission may not make a finding in conflict
with applicable federal law or regulation. The basis for these
findings shall be reduced to writing and submitted as part of the
record pursuant to Section 25523.
25526. (a) The commission shall not approve as a site for a
facility any location designated by the California Coastal Commission
pursuant to subdivision (b) of Section 30413, unless the California
Coastal Commission first finds that such use is not inconsistent with
the primary uses of such land and that there will be no substantial
adverse environmental effects and unless the approval of any public
agency having ownership or control of such land is obtained.
(b) The commission shall not approve as a site for a facility any
location designated by the San Francisco Bay Conservation and
Development Commission pursuant to subdivision (b) of Section 66645
of the Government Code unless the San Francisco Bay Conservation and
Development Commission first finds that such use is not inconsistent
with the primary uses of such land and that there will be no
substantial adverse environmental effects and unless the approval of
any public agency having ownership or control of such land is
obtained.
25527. The following areas of the state shall not be approved as a
site for a facility, unless the commission finds that such use is not
inconsistent with the primary uses of such lands and that there will
be no substantial adverse environmental effects and the approval of
any public agency having ownership or control of such lands is
obtained:
(a) State, regional, county and city parks; wilderness, scenic or
natural reserves; areas for wildlife protection, recreation, historic
preservation; or natural preservation areas in existence on the
effective date of this division.
(b) Estuaries in an essentially natural and undeveloped state.
In considering applications for certification, the commission
shall give the greatest consideration to the need for protecting
areas of critical environmental concern, including, but not limited
to, unique and irreplaceable scientific, scenic, and educational
wildlife habitats; unique historical, archaelogical, and cultural
sites; lands of hazardous concern; and areas under consideration by
the state or the United States for wilderness, or wildlife and game
reserves.
25528. (a) The commission shall require, as a condition of
certification of any site and related facility, that the applicant
acquire, by grant or contract, the right to prohibit development of
privately owned lands in the area of the proposed site which will
result in population densities in excess of the maximum population
densities which the commission determines, as to the factors
considered by the commission pursuant to Section 25511, are necessary
to protect public health and safety.
If the applicant is authorized to exercise the right of eminent
domain under Article 7 (commencing with Section 610) of Chapter 3 of
Part 1 of Division 1 of the Public Utilities Code, the applicant may
exercise the right of eminent domain to acquire such development
rights as the commission requires be acquired.
(b) In the case of an application for a nuclear facility, the area
and population density necessary to insure the public's health and
safety designated by the commission shall be that as determined from
time to time by the United States Nuclear Regulatory Commission, if
the commission finds that such determination is sufficiently
definitive for valid land use planning requirements.
(c) The commission shall waive the requirements of the acquisition
of development rights by an applicant to the extent that the
commission finds that existing governmental land use restrictions are
of a type necessary and sufficient to guarantee the maintenance of
population levels and land use development over the lifetime of the
facility which will insure the public health and safety requirements
set pursuant to this section.
(d) No change in governmental land use restrictions in such areas
designated in subdivision (c) of this section by any government
agency shall be effective until approved by the commission. Such
approval shall certify that the change in land use restrictions is
not in conflict with requirements provided for by this section.
(e) It is not the intent of the Legislature by the enactment of
this section to take private property for public use without payment
of just compensation in violation of the United States Constitution
or the Constitution of California.
25529. When a facility is proposed to be located in the coastal
zone or any other area with recreational, scenic, or historic value,
the commission shall require, as a condition of certification of any
facility contained in the application, that an area be established
for public use, as determined by the commission. Lands within such
area shall be acquired and maintained by the applicant and shall be
available for public access and use, subject to restrictions required
for security and public safety. The applicant may dedicate such
public use zone to any local agency agreeing to operate or maintain
it for the benefit of the public. If no local agency agrees to
operate or maintain the public use zone for the benefit of the
public, the applicant may dedicate such zone to the state. The
commission shall also require that any facility to be located along
the coast or shoreline of any major body of water be set back from
the shoreline to permit reasonable public use and to protect scenic
and aesthetic values.
25530. The commission may order a reconsideration of all or part of
a decision or order on its own motion or on petition of any party.
Any such petition shall be filed within 30 days after adoption by
the commission of a decision or order. The commission shall not order
a reconsideration on its own motion more than 30 days after it has
adopted a decison or order. The commission shall order or deny
reconsideration on a petition therefor within 30 days after the
petition is filed.
A decision or order may be reconsidered by the commission on the
basis of all pertinent portions of the record together with such
argument as the commission may permit, or the commission may hold a
further hearing, after notice to all interested persons. A decision
or order of the commission on reconsideration shall have the same
force and effect as an original order or decision.
25531. (a) The decisions of the commission on any application for
certification of a site and related facility are subject to judicial
review by the Supreme Court of California.
(b) No new or additional evidence may be introduced upon review
and the cause shall be heard on the record of the commission as
certified to by it. The review shall not be extended further than to
determine whether the commission has regularly pursued its authority,
including a determination of whether the order or decision under
review violates any right of the petitioner under the United States
Constitution or the California Constitution. The findings and
conclusions of the commission on questions of fact are final and are
not subject to review, except as provided in this article. These
questions of fact shall include ultimate facts and the findings and
conclusions of the commission. A report prepared by, or an approval
of, the commission pursuant to Section 25510, 25514, 25516, or
25516.5, or subdivision (b) of Section 25520.5, shall not constitute
a decision of the commission subject to judicial review.
(c) Subject to the right of judicial review of decisions of the
commission, no court in this state has jurisdiction to hear or
determine any case or controversy concerning any matter which was, or
could have been, determined in a proceeding before the commission,
or to stop or delay the construction or operation of any thermal
powerplant except to enforce compliance with the provisions of a
decision of the commission.
(d) Notwithstanding Section 1250.370 of the Code of Civil
Procedure:
(1) If the commission requires, pursuant to subdivision (a) of
Section 25528, as a condition of certification of any site and
related facility, that the applicant acquire development rights, that
requirement conclusively establishes the matters referred to in
Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any
eminent domain proceeding brought by the applicant to acquire the
development rights.
(2) If the commission certifies any site and related facility,
that certification conclusively establishes the matters referred to
in Sections 1240.030 and 1240.220 of the Code of Civil Procedure in
any eminent domain proceeding brought to acquire the site and related
facility.
(e) No decision of the commission pursuant to Section 25516,
25522, or 25523 shall be found to mandate a specific supply plan for
any utility as prohibited by Section 25323.
25532. The commission shall establish a monitoring system to assure
that any facility certified under this division is constructed and
is operating in compliance with air and water quality, public health
and safety, and other applicable regulations, guidelines, and
conditions adopted or established by the commission or specified in
the written decision on the application. In designing and operating
the monitoring system, the commission shall seek the cooperation and
assistance of the State Air Resources Board, the State Water
Resources Control Board, the Department of Health, and other state,
regional, and local agencies which have an interest in environmental
control.
25534. (a) The commission may, after one or more hearings, amend
the conditions of, or revoke the certification for, any facility for
any of the following reasons:
(1) Any material false statement set forth in the application,
presented in proceedings of the commission, or included in
supplemental documentation provided by the applicant.
(2) Any significant failure to comply with the terms or conditions
of approval of the application, as specified by the commission in
its written decision.
(3) A violation of this division or any regulation or order issued
by the commission under this division.
(4) The owner of a project does not start construction of the
project within 12 months after the date all permits necessary for the
project become final and all administrative and judicial appeals
have been resolved provided the California Consumer Power and
Conservation Financing Authority notifies the commission that it is
willing and able to construct the project pursuant to subdivision
(g). The project owner may extend the 12-month period by 24
additional months pursuant to subdivision (f). This paragraph applies
only to projects with a project permit application deemed complete
by the commission after January 1, 2003.
(b) The commission may also administratively impose a civil
penalty for a violation of paragraph (1) or (2) of subdivision (a).
Any civil penalty shall be imposed in accordance with Section 25534.1
and may not exceed seventy-five thousand dollars ($75,000) per
violation, except that the civil penalty may be increased by an
amount not to exceed one thousand five hundred dollars ($1,500) per
day for each day in which the violation occurs or persists, but the
total of the per day penalties may not exceed fifty thousand dollars
($50,000).
(c) A project owner shall commence construction of a project
subject to the start-of-construction deadline provided by paragraph
(4) of subdivision (a) within 12 months after the project has been
certified by the commission and after all accompanying project
permits are final and administrative and judicial appeals have been
completed. The project owner shall submit construction and commercial
operation milestones to the commission within 30 days after project
certification. Construction milestones shall require the start of
construction within the 12-month period established by this
subdivision. The commission shall approve milestones within 60 days
after project certification. If the 30-day deadline to submit
construction milestones to the commission is not met, the commission
shall establish milestones for the project.
(d) The failure of the owner of a project subject to the
start-of-construction deadline provided by paragraph (4) of
subdivision (a) to meet construction or commercial operation
milestones, without a finding by the commission of good cause, shall
be cause for revocation of certification or the imposition of other
penalties by the commission.
(e) A finding by the commission that there is good cause for
failure to meet the start-of-construction deadline required by
paragraph (4) of subdivision (a) or any subsequent milestones of
subdivision (c) shall be made if the commission determines that any
of the following criteria are met:
(1) The change in any deadline or milestone does not change the
established deadline or milestone for the start of commercial
operation.
(2) The deadline or milestone is changed due to circumstances
beyond the project owner's control, including, but not limited to,
administrative and legal appeals.
(3) The deadline or milestone will be missed but the project owner
demonstrates a good faith effort to meet the project deadline or
milestone.
(4) The deadline or milestone will be missed due to unforeseen
natural disasters or acts of God that prevent timely completion of
the project deadline or milestone.
(5) The deadline or milestone will be missed for any other reason
determined reasonable by the commission.
(f) The commission shall extend the start-of-construction deadline
required by paragraph (4) of subdivision (a) by an additional 24
months, if the owner reimburses the commission's actual cost of
licensing the project, less the amount paid pursuant to subdivision
(a) of Section 25806. For the purposes of this section, the
commission's actual cost of licensing the project shall be based on a
certified audit report filed by the commission staff within 180 days
of the commission's certification of the project. The certified
audit shall be filed and served on all parties to the proceeding, is
subject to public review and comment, and is subject to at least one
public hearing if requested by the project owner. Any reimbursement
received by the commission pursuant to this subdivision shall be
deposited in the General Fund.
(g) If the owner of a project subject to the start-of-construction
deadline provided by paragraph (4) of subdivision (a) fails to
commence construction, without good cause, within 12 months after the
project has been certified by the commission and has not received an
extension pursuant to subdivision (f), the commission shall provide
immediate notice to the California Consumer Power and Conservation
Financing Authority. The authority shall evaluate whether to pursue
the project independently or in conjunction with any other public or
private entity, including the original certificate holder. If the
authority demonstrates to the commission that it is willing and able
to construct the project eit