[California Energy Commission Seal]



The Commission adopts this Decision on the El Segundo Power Redevelopment Project and incorporates the Presiding Member's Proposed Decision, as amended by errata that are attached to this order. The attached errata include items proposed by the Committee at the adoption hearing as well as items proposed by commissioners in their discussion of the matter before them. This Decision is based upon the record of the proceeding (Docket No. 00-AFC-14).

The Commission hereby adopts the following findings in addition to those contained in the accompanying text:

  1. The Conditions of Certification contained in this Decision, if implemented by the project owner, ensure that the whole of the project will be designed, sited and operated in conformity with applicable local, regional, state, and federal laws, ordinances, regulations, and standards, including applicable public health and safety standards, and air and water quality standards.

  2. Implementation of the Conditions of Certification contained in the accompanying text will ensure protection of environmental quality and assure reasonably safe and reliable operation of the facility. The Conditions of Certification also assure that the project will neither result in, nor contribute substantially to, any significant direct, indirect, or cumulative adverse environmental impacts.

  3. Existing governmental land use restrictions are sufficient to adequately control population density in the area surrounding the facility and may be reasonably expected to ensure public health and safety.

  4. The record does not establish the existence of any environmentally superior alternative site.

  5. The analysis of record assesses all potential environmental impacts associated with the project.

  6. This Decision contains measures to ensure that the planned, temporary, or unexpected closure of the project will occur in conformance with applicable laws, ordinances, regulations, and standards.

  7. The Commission has found that the recommendations of the California Coastal Commission, pursuant to Public Resources Code section 30413(d) to adopt the staff-proposed Hyperion wastewater cooling alternative or, alternatively, to conduct a Section 316(b) study of the intake of this facility prior to licensing would result in greater impact to the environment compared to the proposed project with the conditions which are incorporated in this Decision, including, but not limited to funding a Bay-wide study of the environmental conditions in the Santa Monica Bay and potential measures needed to enhance and restore its biological health.

  8. The proceedings leading to this Decision have been conducted in conformity with the applicable provisions of Commission regulations governing the consideration of an Application for Certification and thereby meet the requirements of Public Resources Code, sections 21000 et seq., and 25500 et seq.

Therefore, the Commission ORDERS the following:

  1. The Application for Certification of the El Segundo Power Redevelopment Project in El Segundo, California, as described in this Decision, is hereby approved, and a certificate to construct and operate the project is hereby granted.

  2. The approval of the Application for Certification is subject to the timely performance of the Conditions of Certification and Compliance Verifications enumerated in the accompanying text. The Conditions and Compliance Verifications are integrated with this Decision and are not severable therefrom. While the project owner may delegate the performance of a Condition or Verification, the duty to ensure adequate performance of a Condition or Verification may not be delegated.

  3. The Commission hereby adopts the Conditions of Certification, Compliance Verifications, and associated dispute resolution procedures as part of this Decision in order to implement the compliance monitoring program required by Public Resources Code section 25532. All Conditions in this Decision take effect immediately upon adoption and apply to all construction and site preparation activities including, but not limited to, ground disturbance, site preparation, and permanent structure construction.

  4. The Commission uses its authority as provided in Public Resources Code section 25523(b) not to include the specific requirements recommended by the Coastal Commission in its report pursuant to Public Resources Code section 30413(d) by finding that the adoption of those provisions would result in greater adverse effect on the environment when compared to implementation of the project, as conditioned in this decision, or would be infeasible.

  5. The decision is adopted on December 23, 2004, consistent with Public Resources Code section 25530 and California Code of Regulations, title 20, section 1720.4.

  6. Any petition requesting Commission reconsideration of this Decision (or any determination by the Commission on its own motion to reconsider) shall be filed and served on or before January 24, 2004, which is the first business day following the 30th day after the date of adoption. (Pub. Resources Code section 25530.)

  7. Judicial review of certification decisions is governed by Section 25531 of the Public Resources Code.

  8. The Executive Director of the Commission or delegatee shall transmit a copy of this Decision and appropriate accompanying documents as provided by Public Resources Code section 25537 and California Code of Regulations, title 20, section 1768.

  9. Dated December 23, 2004, at Sacramento, California.






PDF IconErrata to 2nd Revised PMPD,
Date Online December 23, 2004. (Adobe Acrobat PDF file, 1 pages, 64 kilobytes.)

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