San Jose Data Center: Draft Environmental Impact Report

This environmental impact report (EIR) has been prepared by the California Energy
Commission (CEC) to evaluate the potential environmental effects of the development of
the San Jose Data Center (SJDC or project), in compliance with the California
Environmental Quality Act (CEQA), the CEQA Guidelines, the Warren-Alquist Act, and
California Code of Regulations, Title 20 (Small Power Plant Exemptions).

The SJDC includes natural gas-fired generators (to provide emergency backup power)
that would constitute a thermal powerplant with a generating capacity in excess of 50
megawatts (MW). The generating capacity of the backup generators would not exceed
100 MW. The CEC has the exclusive authority to certify all thermal power plants (50 MW
and greater) and related facilities proposed for construction in California. The Small Power
Plant Exemption (SPPE) process allows applicants with facilities between 50 and 100 MW
to obtain an exemption from CEC’s jurisdiction and proceed with local permitting rather
than requiring CEC certification. CEC can grant an exemption if it finds that the proposed
facility would not create a substantial adverse impact on the environment or energy
resources. Public Resources Code section 25519(c) designates CEC as the lead agency,
in accordance with CEQA, for all facilities seeking an SPPE.