STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission

In the Matter of:                   )      Docket No. 99-AFC-4 
                                    )
Application for Certification       )      COMMITTEE ORDER
for the Moss Landing Power          )      RE: PROPOSED MITIGATION 
Plant Project                       )      CONDITION OF CERTIFICATION BIO-7

Condition of Certification BIO-7, found on pages 190-193 of the Presiding Member's Proposed Decision (PMPD), sets forth the criteria for implementing a $7 million plan to mitigate impacts of the proposed Moss Landing Power Plant Project (Project) due to entrainment of marine organisms. The Committee is interested in articulating in Condition BIO-7, specific performance criteria which will ensure that those who implement the detailed mitigation measures do so in a way which best compensates for the entrainment impacts of the Project. Therefore, the parties are directed to submit specific recommendations on the wording of Condition BIO-7 that may further achieve this goal.

In considering recommendations which may modify Condition BIO-7, the Parties should take into account the following factors:

• Clear articulation of goals and objectives.
• Clear statement of how the plan will be implemented.
• Where the mitigation steps will occur.
• When the steps will occur.
• Who is responsible for implementation?
• Guidance to allow monitoring of the mitigation plan including:
  • Performance standards.
  • The way monitoring will integrate with the CEC compliance program for the Project.
  • The way monitoring and compliance will be reported.

Recommendations to modify Condition BIO-7 shall be submitted in strikeout-underline format and should reflect the factors above as well as guidance from the California Environmental Quality Act and relevant case law. Parties shall serve recommendations to all parties and to the Commission Docket Unit no later than the close of business on Thursday, October 5, 2000.

SO ORDERED.

Dated: September 27, 2000

ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION

WILLIAM J. KEESE, Chairman
Presiding Member
Moss Landing AFC Committee

MICHAL C. MOORE, Ph.D., Commissioner
Associate Member
Moss Landing AFC Committee

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