USA – CALIFORNIA Law and Practice Contributed by: Nora Sheriff, Gwenneth O’Hara, Samir Hafez, Antonio Carrejo and Elisa Rivas, Buchalter
Land Use Construction of generation facilities requires a full review under CEQA. After an environmental review, the project may require mitigation meas- ures for significant environmental impacts. The special conditions that may be imposed on a generation facility include protections for bio- logical resources, cultural resources, visual/aes- thetic impacts, and air and water quality. The CEQA process requires the opportunity for public participation, which typically involves public hearings and comment periods, Tribal consultation, and intervenor participation in CEC proceedings. Interconnection and Transmission In California, the process requires preliminary agreements with CAISO or a local utility. With these agreements, there may be a need for grid upgrade or congestion conditions. Other Potential Terms and Conditions The CEC may also impose certain conditions on construction and operational approvals. Amendment or Relaxation of a Term or Condition The process for seeking an amendment or relax- ation of terms or conditions of approval depends on the approving entity and type of facility. For CEC approvals, the proponent of the amend- ment must submit a petition for amendment and include the following: • a clear description of the requested change; • specific condition(s) to be modified; • reasons/justifications for the change; • analysis of potential environmental or public impacts; and • supporting studies or documents.
ject’s potential environmental impacts and to minimise any impacts to the extent feasible. Operation of Construction Facilities The CPUC’s GO 167-B establishes maintenance and operational standards for electric generating facilities to ensure safe and reliable service to customers. The GO includes: • generator maintenance, generator operator and generator logbook standards; • a programme for audits, inspections and inci- dent investigations; • reports of safety incidents, compliance filings and responding to CPUC staff enquiries; and • enforcement of standards. 3.2 Obtaining Approvals to Construct and Operate Generation Facilities See 3.1 Constructing and Operating Genera- tion Facilities . 3.3 Approvals to Construct and Operate Generation Facilities California has extensive approval processes for siting, construction and operation of generation facilities. Such approvals involve various agen- cies, such as the CPUC and CEC. Siting Determining which agency has jurisdiction depends on the type of generation facility. Ther- mal power plants of 50 MW or more fall under the exclusive authority of the CEC; the CEC’s Application for Certification (AFC) includes an environmental assessment that is the functional equivalent to an environmental impact report under CEQA. Other facilities, such as wind and solar, require co-ordination with counties and cities.
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