|APPLICATION FOR CERTIFICATION
||DOCKET NO. 01-AFC- 21
|TESLA POWER PLANT PROJECT
|BY FLORIDA POWER AND LIGHT
||JANUARY 9, 2002
COMMISSION ADOPTION ORDER
This Commission Order adopts the Commission Decision on the Tesla Power Project.
It incorporates the Presiding Member's Revised Proposed Decision (PMPD) in the
above-captioned matter and the Committee Errata issued June 16, 2004. The
Commission Decision is based upon the evidentiary record of these proceedings
(Docket No. 01-AFC-21) and considers the comments received at the June 16, 2004,
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 Commission Decision 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
The Commission hereby adopts the following findings in addition to those contained in
the accompanying text:
- The Tesla Power Project, a merchant power plant sponsored by Florida Power & Light/FPL Energy in eastern Alameda County, will improve electricity reliability in
the Greater Bay Area.
- The Conditions of Certification contained in the accompanying text, if
implemented by the Project Owner, 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.
- 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.
- 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.
- The evidence of record establishes that no feasible alternatives to the Project
exist, as described during these proceedings, which would reduce or eliminate
any significant environmental impacts of the mitigated Project.
- The evidence of record does not establish the existence of any environmentally
superior alternative site.
- The evidence of record establishes that an environmental justice screening
analysis was conducted and that the Project, as mitigated, will not have a
disproportionate impact on low-income or minority populations.
- The Decision contains a discussion of the public benefits of the Project as
required by Public Resources Code section 25523(h).
- The 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.
- 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:
- The Application for Certification of the Telsa Power Project as described in this
Decision is hereby approved and a certificate to construct and operate the
Project is hereby granted.
- 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 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.
- This Decision is adopted, issued, effective, and final on June 16, 2004.
- Reconsideration of this Decision is governed by Public Resources Code section
- Judicial review of this Decision is governed by Public Resources Code section
- 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.
- 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 June 16, 2004, at Sacramento, California.