Los Esteros Energy Facility - Adoption Order
[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

_________________________________________ ) SEPTEMBER 25, 2001


This Commission Order adopts the Commission Decision on the Los Esteros Critical Energy Facility. It incorporates the Presiding Member's Proposed Decision (PMPD) in the above-captioned matter, and the Committee Errata dated July 2, 2002. The Commission Decision is based upon the evidentiary record of these proceedings (Docket No. 01-AFC-12) and considers the comments received at the July 2, 2002, special business meeting. The text of the attached Commission Decision contains a summary of the proceedings, the evidence presented, and the rationale for the findings reached and Conditions imposed.

This ORDER adopts by reference the text, Conditions of Certification, Compliance Verifications, and Appendices contained in the Commission Decision. It also adopts specific requirements contained in the PMPD, which ensure that the proposed facility will be designed, sited, and operated in a manner to protect environmental quality, to assure public health and safety, and to operate in a safe and reliable manner.


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

  1. The Los Esteros Critical Energy Facility is a merchant power plant whose capital costs will not be borne by the State's electricity ratepayers.

  2. The Conditions of Certification contained in the accompanying text, if implemented by the Applicant, ensure that 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.

  3. 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.

  4. 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.

  5. The evidence of record establishes that no feasible alternatives to the project, as described during these proceedings, exist.

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

  7. The PMPD 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.

  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 Los Esteros Critical Energy Facility 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 and Appendices. The Conditions and Compliance Verifications are integrated with this Decision and are not severable therefrom. While Applicant 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 Decision contains a discussion of the project's public benefits as specified in Public Resources Code section 25523(h).

  4. This Decision is final, issued and effective within the meaning of Public Resources Code sections 255331 and 25901, as well as 20 Cal. Code of Reg., section 1720.4, when voted upon by the Commission. Anyone seeking judicial review of the Decision must file a Petition for Review with the California Supreme Court no later than thirty (30) days from July 2, 2002.

    For purposes of reconsideration pursuant to Public Resources Code section 25530 and 20 Cal. Code of Regs. section 1720 (a), this Decision is adopted when it is filed with the Commission's Docket Unit. Anyone seeking reconsideration of this Decision must file a petition for reconsideration no later than thirty (30) days from the date the Decision is docketed. The filing of a petition for reconsideration does not extend the 30-day period for seeking judicial review mentioned above, which begins on July 2, 2002.

  5. 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.

  6. The Executive Director of the Commission 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.

Dated July 2, 2002, in Sacramento, California





Page online July 3, 2002

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