CCLME.ORG - PRC 25527 25529
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State
California
PRC Sec 25500-25550.5 POWER FACILITY AND SITE CERTIFICATION (ENERGY CONSERVATION AND DEVELOPMENT)


PUBLIC RESOURCES CODE
SECTION 25500-25550.5





25500. In accordance with the provisions of this division, the
commission shall have the exclusive power to certify all sites and
related facilities in the state, whether a new site and related
facility or a change or addition to an existing facility. The
issuance of a certificate by the commission shall be in lieu of any
permit, certificate, or similar document required by any state, local
or regional agency, or federal agency to the extent permitted by
federal law, for such use of the site and related facilities, and
shall supersede any applicable statute, ordinance, or regulation of
any state, local, or regional agency, or federal agency to the extent
permitted by federal law.
After the effective date of this division, no construction of any
facility or modification of any existing facility shall be commenced
without first obtaining certification for any such site and related
facility by the commission, as prescribed in this division.



25500.5. The commission shall certify sufficient sites and related
facilities which are required to provide a supply of electric power
sufficient to accomodate the demand projected in the most recent
forecast of statewide and service area electric power demands adopted
pursuant to subdivision (b) of Section 25309.



25501. This chapter does not apply to any site or related facility
for which the Public Utilities Commission has issued a certificate of
public convenience and necessity or which any municipal utility has
approved before January 7, 1975.


25501.7. Any person proposing to construct a facility or a site to
which Section 25501 applies may waive the exclusion of such site and
related facility from the provisions of this chapter by submitting to
the commission a notice to that effect on or after July 1, 1976, and
any and all of the provisions of this chapter shall apply to the
construction of such facility.



25502. Each person proposing to construct a thermal powerplant or
electric transmission line on a site shall submit to the commission a
notice of intention to file an application for the certification of
the site and related facility or facilities. The notice shall be an
attempt primarily to determine the suitability of the proposed sites
to accommodate the facilities and to determine the general conformity
of the proposed sites and related facilities with standards of the
commission and assessments of need adopted pursuant to Sections 25305
to 25308, inclusive. The notice shall be in the form prescribed by
the commission and shall be supported by such information as the
commission may require.
Any site and related facility once found to be acceptable pursuant
to Section 25516 is, and shall continue to be, eligible for
consideration in an application for certification without further
proceedings required for a notice under this chapter.



25502.3. Except as provided in Section 25501.7, any person
proposing to construct a facility excluded from the provisions of
this chapter may waive such exclusion by submitting to the commission
a notice of intention to file an application for certification, and
any and all of the provisions of this chapter shall apply to the
construction of such facility.



25503. Each notice of intention to file an application shall
contain at least three alternative sites and related facilities, at
least one of which shall not be located in whole or in part in the
coastal zone. In addition, the alternative sites and related
electrical facilities may be proposed from an inventory of sites
which have previously been approved by the commission in a notice of
intent or may be proposed from sites previously examined.



25504. The notice of intention shall include a statement by the
applicant describing the location of the proposed sites by section or
sections, range and township, and county; a summary of the proposed
design criteria of the facilities; the type or types of fuels to be
used; the methods of construction and operation; the proposed
location of facilities and structures on each site; a preliminary
statement of the relative economic, technological, and environmental
advantages and disadvantages of the alternative site and related
facility proposals; a statement of need for the facility and
information showing the compatibility of the proposals with the most
recent electricity report issued pursuant to Section 25308; and any
other information that an electric utility deems desirable to submit
to the commission.



25504.5. An applicant may, in the notice, propose a site to be
approved which will accomodate a potential maximum electric
generating capacity in excess of the capacity being proposed for the
initial approval of the commission. If such a proposal is made, the
notice shall include, but not be limited to, in addition to the
information specified in Section 25504, all of the following:
(a) The number, type, and energy source of electric generating
units which the site is proposed ultimately to accomodate and the
maximum generating capacity for each unit.
(b) The projected installation schedule for each unit.
(c) The impact at the site when fully developed, on the
environment and public health and safety.
(d) The amount and sources of cooling water needed at the fully
developed site.
(e) The location and specifications of auxiliary facilities
planned for each state of development including, but not limited to,
pipelines, waste storage facilities, fuel storage facilities,
switchyards, coolant lines, coolant outfalls, and cooling ponds,
lakes, or towers.


25505. Upon receipt of a notice, the commission shall cause a
summary of the notice to be published in a newspaper of general
circulation in each county in which the sites and related facilities,
or any part thereof, designated in the notice are proposed to be
located. The commission shall also transmit a copy of the notice to
the Public Utilities Commission, for sites and related facilities
requiring a certificate of public convenience and necessity, and to
other federal, state, regional, and local agencies having an interest
in matters pertinent to the proposed facilities at any of the
alternative sites. A copy of the notice shall also be transmitted to
the Attorney General.



25506. The commission shall request the appropriate local,
regional, state, and federal agencies to make comments and
recommendations regarding the design, operation, and location of the
facilities designated in the notice, in relation to environmental
quality, public health and safety, and other factors on which they
may have expertise.



25506.5. The commission shall request the Public Utilities
Commission, for sites and related facilities requiring a certificate
of public convenience and necessity, to make comments and
recommendations regarding the design, operation, and location of the
facilities designated in the notice in relation to the economic,
financial, rate, system reliability, and service implications of the
proposed facilities.



25507. (a) If any alternative site and related facility proposed in
the notice is proposed to be located, in whole or in part, within
the coastal zone, the commission shall transmit a copy of the notice
to the California Coastal Commission. The California Coastal
Commission shall analyze the notice and prepare the report and
findings prescribed by subdivision (d) of Section 30413 prior to
commencement of hearings pursuant to Section 25513.
(b) If any alternative site and related facility proposed in the
notice is proposed to be located, in whole or in part, within the
Suisun Marsh, or within the jurisdiction of the San Francisco Bay
Conservation and Development Commission, the commission shall
transmit a copy of the notice to the San Francisco Bay Conservation
and Development Commission. The San Francisco Bay Conservation and
Development Commission shall analyze the notice and prepare the
report and findings prescribed by subdivision (d) of Section 66645 of
the Government Code prior to commencement of hearings pursuant to
Section 25513.



25508. The commission shall cooperate with, and render advice to,
the California Coastal Commission and the San Francisco Bay
Conservation and Development Commission in studying applications for
any site and related facility proposed to be located, in whole or in
part, within the coastal zone, the Suisun Marsh, or the jurisdiction
of the San Francisco Bay Conservation and Development Commission if
requested by the California Coastal Commission or the San Francisco
Bay Conservation and Development Commission, as the case may be. The
California Coastal Commission or the San Francisco Bay Conservation
and Development Commission, as the case may be, may participate in
public hearings on the notice and on the application for site and
related facility certification as an interested party in such
proceedings.



25509. Within 45 days of the filing of the notice, the commission
shall conduct public informational presentations in the county or
counties in which the proposed sites and related facilities are
located. The place of such public informational presentations shall
be as close as practicable to the proposed sites. Such presentations
shall be for the purpose of setting forth the electrical demand
basis for the proposed site and related facility and providing
knowledge and understanding of the proposed facilities and sites.



25509.5. No sooner than 15 days after the conclusion of the
presentations pursuant to Section 25509, the commission shall
commence nonadjudicatory hearings. Such hearings shall identify
issues for adjudication in hearings pursuant to Section 25513, issues
which may be eliminated from further consideration in the notice
proceedings, and issues which should be deferred to the certification
proceeding. Any person may participate to the extent deemed
reasonable and relevant by the presiding member of the commission in
any such hearing. In scheduling such hearings the presiding member
shall confer with the public adviser to provide that the hearing
dates and locations are as convenient as possible for interested
parties and the public. Such hearings shall be conducted in order to
accomplish all of the following purposes:
(a) To set forth the electrical demand basis for the proposed site
and related facility.
(b) To provide knowledge and understanding of proposed facilities
and sites.
(c) To obtain the views and comments of the public, parties, and
concerned governmental agencies on the environmental, public health
and safety, economic, social, and land use impacts of the facility at
the proposed sites.
(d) To solicit information regarding reasonable alternative
sources of the electric generating capacity or energy to be provided
by alternative sites and related facilities, or combinations thereof,
which will better carry out the policies and objectives of this
division.


25510. After the conclusion of such hearings, and no later than 150
days after filing of the notice, the commission shall prepare and
make public a summary and hearing order on the notice of intention to
file an application. The commission may include within the summary
and hearing order any other alternatives proposed by the commission
or presented to the commission at a public hearing prior to
preparation of the summary and hearing order. The summary and
hearing order shall be published and made available to the public and
to interested local, regional, state, and federal agencies.



25511. The commission shall review the factors related to safety
and reliability of the facilities at each of the alternative sites
designated in the notice. In addition to other information requested
of the applicant, the commission shall, in determining the
appropriateness of sites and related facilities, require detailed
information on proposed emergency systems and safety precautions,
plans for transport, handling and storage of wastes and fuels,
proposed methods to prevent illegal diversion of nuclear fuels,
special design features to account for seismic and other potential
hazards, proposed methods to control density of population in areas
surrounding nuclear powerplants, and such other information as the
commission may determine to be relevant to the reliability and safety
of the facility at the proposed sites. The commission shall analyze
the information provided by the applicant, supplementing it, where
necessary, by onsite investigations and other studies. The commission
shall determine the adequacy of measures proposed by the applicant
to protect public health and safety, and shall include its findings
in the final report required by Section 25514.



25512. The summary and hearing order shall be based upon the record
of the proceeding including statements or documents presented during
any hearing or informational presentation on the notice, the
comments transmitted by the Public Utilities Commission and local,
regional, state, and federal agencies and the public to the
commission, and independent studies conducted by the commission's
staff.
The summary and hearing order shall:
(a) Identify those issues for consideration in hearings pursuant
to Section 25513.
(b) Identify those issues which may be eliminated from further
consideration in the notice of intention proceedings.
(c) Identify those issues which should be deferred to the
certification proceeding.
(d) Contain proposed findings on matters relevant to the
provisions of Section 25514.
(e) Specify dates for the adjudicatory hearings.




25512.5. Within 15 days of the publication of the summary and
hearing order, a copy will be distributed to any person who requests
such copy.


25513. No earlier than 30 days after distribution of the summary
and hearing order, the commission shall commence adjudicatory
hearings pursuant to the hearing order.



25513.3. Notwithstanding Sections 11425.30 and 11430.10 of the
Government Code, unless a party demonstrates other statutory grounds
for disqualification, a person who has served as investigator or
advocate in an adjudicative proceeding of the commission under this
code may serve as a supervisor of the presiding officer or assist or
advise the presiding officer in the same proceeding if the service,
assistance, or advice occurs more than one year after the time the
person served as investigator or advocate, provided the content of
any advice is disclosed on the record and all parties have an
opportunity to comment on the advice.


25514. After conclusion of the hearings held pursuant to Section
25513 and no later than 300 days after the filing of the notice, a
final report shall be prepared and distributed. The final report
shall include, but not be limited to, all of the following:
(a) The findings and conclusions of the commission regarding the
conformity of alternative sites and related facilities designated in
the notice or considered in the notice of intention proceeding with
both of the following:
(1) The 12-year forecast of statewide and service area electric
power demands adopted pursuant to subdivision (e) of Section 25305,
except as provided in Section 25514.5.
(2) Applicable local, regional, state, and federal standards,
ordinances, and laws, including any long-range land use plans or
guidelines adopted by the state or by any local or regional planning
agency, which would be applicable but for the exclusive authority of
the commission to certify sites and related facilities; and the
standards adopted by the commission pursuant to Section 25216.3.
(b) Any findings and comments submitted by the California Coastal
Commission pursuant to Section 25507 and subdivision (d) of Section
30413.
(c) Any findings and comments submitted by the San Francisco Bay
Conservation and Development Commission pursuant to Section 25507 of
this code and subdivision (d) of Section 66645 of the Government
Code.
(d) The commission's findings on the acceptability and relative
merit of each alternative siting proposal designated in the notice or
presented at the hearings and reviewed by the commission. The
specific findings of relative merit shall be made pursuant to
Sections 25502 to 25516, inclusive. In its findings on any
alternative siting proposal, the commission may specify modification
in the design, construction, location, or other conditions which will
meet the standards, policies, and guidelines established by the
commission.
(e) Findings and conclusions with respect to the safety and
reliability of the facility or facilities at each of the sites
designated in the notice, as determined by the commission pursuant to
Section 25511, and any conditions, modifications, or criteria
proposed for any site and related facility proposal resulting from
the findings and conclusions.
(f) Findings and conclusions as to whether increased property
taxes due to the construction of the project are sufficient to
support needed local improvements and public services required to
serve the project.


25514.3. In specifying any modifications, conditions, or criteria
pursuant to Section 25514, for sites and related facilities requiring
a certificate of public convenience and necessity, the commission
shall request the comments and recommendations of the Public
Utilities Commission on the economic, financial, rate, system
reliability, and service implications of such modifications,
conditions, or criteria.



25514.5. In considering the acceptability of a site proposed to
accommodate ultimately additional power-generating capacity, the
commission, in determining, pursuant to Sections 25514 and 25512,
the conformity of the facilities proposed in the notice with the
12-year forecast of statewide and service area electric power demands
adopted pursuant to subdivision (e) of Section 25305, shall base its
determination only on such initial facilities as are proposed for
operation within the forthcoming 12-year period. Additional
facilities projected to be operating at the site at a time beyond the
forthcoming 12-year period shall not be considered in the
determination of conformity with the electric power demand forecast.




25515. No later than 30 days after the final report is distributed,
a hearing or hearings on the final report shall be commenced. Such
hearings shall be concluded within 15 days of their commencement.



25516. The approval of the notice by the commission shall be based
upon findings pursuant to Section 25514. The notice shall not be
approved unless the commission finds at least two alternative site
and related facility proposals considered in the commission's final
report as acceptable. If the commission does not find at least two
sites and related facilities acceptable, additional sites and related
facilities may be proposed by the applicant which shall be
considered in the same manner as those proposed in the original
notice.
If the commission finds that a good faith effort has been made by
the person submitting the notice to find an acceptable alternative
site and related facility and that there is only one acceptable site
and related facility among those submitted, the commission may
approve the notice based on the one site and related facility. If a
notice is approved based on one site and related facility, the
commission may require a new notice to be filed to identify
acceptable alternative sites and related facilities for the one site
and related facility approved unless suitable alternative sites and
related facilities have been approved by the commission in previous
notice of intention proceedings.
If the commission finds that additional electric generating
capacity is needed to accommodate the electric power demand forecast
pursuant to subdivision (e) of Section 25305 and, after the
commission finds that a good faith effort was made by the person
submitting the notice to propose an acceptable site and related
facility, it fails to find any proposed site and related facility to
be acceptable, the commission shall designate, at the request of and
at the expense of the person submitting the notice, a feasible site
and related facility for providing the needed electric generating
capacity.



25516.1. If a site and related facility found to be acceptable by
the commission pursuant to Section 25516 is located in the coastal
zone, the Suisun Marsh, or the jurisdiction of the San Francisco Bay
Conservation and Development Commission, no application for
certification may be filed pursuant to Section 25519 unless the
commission has determined, pursuant to Section 25514, that such site
and related facility have greater relative merit than available
alternative sites and related facilities for an applicant's service
area which have been determined to be acceptable by the commission
pursuant to Section 25516.


25516.5. On a notice which proposes an expanded ultimate electric
generating capacity for a site, the commission may, based upon
findings pursuant to Section 25514, either approve the notice only
for the initial facility or facilities proposed for operation within
the forthcoming 12-year period or may approve the notice for the
initial facility or facilities and find the site acceptable for
additional generating capacity of the type tentatively proposed. The
maximum allowable amount and type of such additional capacity shall
be determined by the commission.
If a notice is approved which includes a finding that a particular
site is suitable to accommodate a particular additional generating
capacity, the site shall be designated a potential multiple-facility
site. The commission may, in determining the acceptability of a
potential multiple-facility site, specify conditions or criteria
necessary to insure that future additional facilities will not exceed
the limitations of the site.



25516.6. (a) Except as otherwise expressly provided in this
division, the commission shall issue its written decision on the
notice not later than 12 months after the notice is filed, or at any
later time as is mutually agreed upon by the commission and the
applicant.
(b) The commission shall determine, within 45 days after it
receives the notice, whether the notice is complete. If the
commission determines that the notice is complete, the notice shall
be deemed filed for the purpose of this section on the date that this
determination is made. If the commission determines that the notice
is incomplete, the commission shall specify, in writing, those parts
of the notice which are incomplete and shall indicate the manner in
which it can be made complete. If the applicant submits additional
data to complete the notice, the commission shall determine, within
30 days after receipt of that data, whether the data is sufficient to
make the notice complete. The notice shall be deemed filed on the
date the commission determines the notice is complete if the
commission has adopted regulations specifying the informational
requirements for a complete notice, but if the commission has not
adopted regulations, the notice shall be deemed filed on the last
date the commission receives any additional data that completes the
notice.


25517. Except as provided in Section 25501, no construction of any
thermal powerplant or electric transmission line shall be commenced
by any electric utility without first obtaining certification as
prescribed in this division. Any onsite improvements not qualifying
as construction may be required to be restored as determined by the
commission to be necessary to protect the environment, if
certification is denied.



25518. The Public Utilities Commission shall issue no certificate
of public convenience and necessity for a site or related electrical
facilities unless the utility has obtained a certificate from the
commission.


25518.5. Nothing in this division shall preclude the concurrent
initiation of an application for a certificate of public convenience
and necessity from the Public Utilities Commission subject to the
condition specified in Section 25518.


25519. (a) In order to obtain certification for a site and related
facility, an application for certification of the site and related
facility shall be filed with the commission. The application shall
be in a form prescribed by the commission and shall be for a site and
related facility that has been found to be acceptable by the
commission pursuant to Section 25516, or for an additional facility
at a site that has been designated a potential multiple-facility site
pursuant to Section 25514.5 and found to be acceptable pursuant to
Sections 25516 and 25516.5. An application for an additional
facility at a potential multiple-facility site shall be subject to
the conditions and review specified in Section 25520.5. An
application may not be filed for a site and related facility, if
there is no suitable alternative for the site and related facility
that was previously found to be acceptable by the commission, unless
the commission has approved the notice based on the one site as
specified in Section 25516.
(b) The commission, upon its own motion or in response to the
request of any party, may require the applicant to submit any
information, document, or data, in addition to the attachments
required by subdivision (i), that it determines is reasonably
necessary to make any decision on the application.
(c) The commission shall be the lead agency as provided in Section
21165 for all projects that require certification pursuant to this
chapter and for projects that are exempted from such certification
pursuant to Section 25541. Unless the commission's regulatory
program governing site and facility certification and related
proceedings are certified by the Resources Agency pursuant to Section
21080.5, an environmental impact report shall be completed within
one year after receipt of the application. If the commission
prepares a document or documents in the place of an environmental
impact report or negative declaration under a regulatory program
certified pursuant to Section 21080.5, any other public agency that
must make a decision that is subject to the California Environmental
Quality Act, Division 13 (commencing with Section 21000), on a site
or related facility, shall use the document or documents prepared by
the commission in the same manner as they would use an environmental
impact report or negative declaration prepared by a lead agency.
(d) If the site and related facility specified in the application
is proposed to be located in the coastal zone, the commission shall
transmit a copy of the application to the California Coastal
Commission for its review and comments.
(e) If the site and related facility specified in the application
is proposed to be located in the Suisun Marsh or the jurisdiction of
the San Francisco Bay Conservation and Development Commission, the
commission shall transmit a copy of the application to the San
Francisco Bay Conservation and Development Commission for its review
and comments.
(f) Upon receipt of an application, the commission shall forward
the application to local governmental agencies having land use and
related jurisdiction in the area of the proposed site and related
facility. Those local agencies shall review the application and
submit comments on, among other things, the design of the facility,
architectural and aesthetic features of the facility, access to
highways, landscaping and grading, public use of lands in the area of
the facility, and other appropriate aspects of the design,
construction, or operation of the proposed site and related facility.

(g) Upon receipt of an application, the commission shall cause a
summary of the application to be published in a newspaper of general
circulation in the county in which the site and related facilities,
or any part thereof, designated in the application, is proposed to be
located. The commission shall transmit a copy of the application to
each federal and state agency having jurisdiction or special
interest in matters pertinent to the proposed site and related
facilities and to the Attorney General.
(h) Local and state agencies having jurisdiction or special
interest in matters pertinent to the proposed site and related
facilities shall provide their comments and recommendations on the
project within 180 days of the date of filing of an application.
(i) The adviser shall require that adequate notice is given to the
public and that the procedures specified by this division are
complied with.
(j) For any proposed site and related facility requiring a
certificate of public convenience and necessity, the commission shall
transmit a copy of the application to the Public Utilities
Commission and request the comments and recommendations of the Public
Utilities Commission on the economic, financial, rate, system
reliability, and service implications of the proposed site and
related facility. If the commission requires modification of the
proposed facility, the commission shall consult with the Public
Utilities Commission regarding the economic, financial, rate, system
reliability, and service implications of those modifications.
(k) The commission shall transmit a copy of the application to any
governmental agency not specifically mentioned in this act, but
which it finds has any information or interest in the proposed site
and related facilities, and shall invite the comments and
recommendations of each agency. The commission shall request any
relevant laws, ordinances, or regulations that an agency has
promulgated or administered.
(l) An application for certification of any site and related
facilities shall contain a listing of every federal agency from which
any approval or authorization concerning the proposed site is
required, specifying the approvals or authorizations obtained at the
time of the application and the schedule for obtaining any approvals
or authorizations pending.



25520. The application shall contain all of the following
information and any other information that the commission by
regulation may require:
(a) A detailed description of the design, construction, and
operation of the proposed facility.
(b) Safety and reliability information, including, in addition to
documentation previously provided pursuant to Section 25511, planned
provisions for emergency operations and shutdowns.
(c) Available site information, including maps and descriptions of
present and proposed development and, as appropriate, geological,
aesthetic, ecological, seismic, water supply, population, and load
center data, and justification for the particular site proposed.
(d) Any other information relating to the design, operation, and
siting of the facility that the commission may specify.
(e) A description of the facility, the cost of the facility, the
fuel to be used, the source of fuel, fuel cost, plant service life
and capacity factor, and generating cost per kilowatthour.
(f) A description of any electric transmission lines, including
the estimated cost of the proposed electric transmission line; a map
in suitable scale of the proposed routing showing details of the
rights-of-way in the vicinity of settled areas, parks, recreational
areas, and scenic areas, and existing transmission lines within one
mile of the proposed route; justification for the route, and a
preliminary description of the effect of the proposed electric
transmission line on the environment, ecology, and scenic, historic,
and recreational values.


25520.5. (a) In reviewing an application for an additional facility
at a potential multiple-facility site, the commission shall
undertake a reconsideration of its prior determinations in the final
report on the notice for the site issued pursuant to Section 25514,
based on current conditions and other reasonable and feasible
alternatives to the proposed facility.
(b) Within 180 days of the filing of the application for an
additional facility at a potential multiple-facility site and after
adequate public hearings, the commission shall issue its decision on
the acceptability of the proposed facility based on the
reconsideration specified in subdivision (a) of this section. A
negative determination shall be the final decision of the commission
on the application and subject to judicial review pursuant to Section
25531. An affirmative determination shall not be a final decision
of the commission on the application.
(c) The decision of the commission on an application for an
additional facility at a potential multiple-facility site receiving a
favorable determination pursuant to subdivision (b) of this section
shall be issued within 24 months after the filing of the application
or at such later time as is mutually agreed upon by the commission
and the applicant.



25521. No earlier than 90 nor later than 240 days after the date of
the filing of an application, the commission shall commence a public
hearing or hearings on the application in Sacramento, San Francisco,
Los Angeles, or San Diego, whichever city is nearest the proposed
site. Additionally, the commission may hold a hearing or hearings in
the county in which the proposed site and related facilities are to
be located. The commission hearings shall provide a reasonable
opportunity for the public and all parties to the proceeding to
comment upon the application and the commission staff assessment and
shall provide the equivalent opportunity for comment as required
pursuant to Division 13 (commencing with Section 21000). Consistent
with the requirements of this section, the commission shall have the
discretion to determine whether or not a hearing is to be conducted
in a manner that requires formal examination of witnesses or that
uses other similar adjudicatory procedures.



25522. (a) Except as provided in subdivision (c) of Section
25520.5, within 18 months of the filing of an application for
certification, or within 12 months if it is filed within one year of
the commission's approval of the notice of intent, or at any later
time as is mutually agreed by the commission and the applicant, the
commission shall issue a written decision as to the application.
(b) The commission shall determine, within 45 days after it
receives the application, whether the application is complete. If
the commission determines that the application is complete, the
application shall be deemed filed for purposes of this section on the
date that this determination is made. If the commission determines
that the application is incomplete, the commission shall specify in
writing those parts of the application which are incomplete and shall
indicate the manner in which it can be made complete. If the
applicant submits additional data to complete the application, the
commission shall determine, within 30 days after receipt of that
data, whether the data is sufficient to make the application
complete. The application shall be deemed filed on the date when the
commission determines the application is complete if the commission
has adopted regulations specifying the informational requirements
for a complete application, but if the commission has not adopted
regulations, the application shall be deemed filed on the last date
the commission receives any additional data that completes the
application.



25523. The commission shall prepare a written decision after the
public hearing on an application, which includes all of the
following:
(a) Specific provisions relating to the manner in which the
proposed facility is to be designed, sited, and operated in order to
protect environmental quality and assure public health and safety.
(b) In the case of a site to be located in the coastal zone,
specific provisions to meet the objectives of Division 20 (commencing
with Section 30000) as may be specified in the report submitted by
the California Coastal Commission pursuant to subdivision (d) of
Section 30413, unless the commission specifically finds that the
adoption of the provisions specified in the report would result in
greater adverse effect on the environment or that the provisions
proposed in the report would not be feasible.
(c) In the case of a site to be located in the Suisun Marsh or in
the jurisdiction of the San Francisco Bay Conservation and
Development Commission, specific provisions to meet the requirements
of Division 19 (commencing with Section 29000) of this code or Title
7.2 (commencing with Section 66600) of the Government Code as may be
specified in the report submitted by the San Francisco Bay
Conservation and Development Commission pursuant to subdivision (d)
of Section 66645 of the Government Code, unless the commission
specifically finds that the adoption of the provisions specified in
the report would result in greater adverse effect on the environment
or the provisions proposed in the report would not be feasible.
(d) (1) Findings regarding the conformity of the proposed site and
related facilities with standards adopted by the commission pursuant
to Section 25216.3 and subdivision (d) of Section 25402, with public
safety standards and the applicable air and water quality standards,
and with other applicable local, regional, state, and federal
standards, ordinances, or laws. If the commission finds that there
is noncompliance with a state, local, or regional ordinance or
regulation in the application, it shall consult and meet with the
state, local, or regional governmental agency concerned to attempt to
correct or eliminate the noncompliance. If the noncompliance cannot
be corrected or eliminated, the commission shall inform the state,
local, or regional governmental agency if it makes the findings
required by Section 25525.
(2) The commission may not find that the proposed facility
conforms with applicable air quality standards pursuant to paragraph
(1) unless the applicable air pollution control district or air
quality management district certifies, prior to the licensing of the
project by the commission, that complete emissions offsets for the
proposed facility have been identified and will be obtained by the
applicant within the time required by the district's rules or unless
the applicable air pollution control district or air quality
management district certifies that the applicant requires emissions
offsets to be obtained prior to the commencement of operation
consistent with Section 42314.3 of the Health and Safety Code and
prior to commencement of the operation of the proposed facility. The
commission shall require as a condition of certification that the
applicant obtain any required emission offsets within the time
required by the applicable district rules, consistent with any
applicable federal and state laws and regulations, and prior to the
commencement of the operation of the proposed facility.
(e) Provision for restoring the site as necessary to protect the
environment, if the commission denies approval of the application.
(f) In the case of a site and related facility using resource
recovery (waste-to-energy) technology, specific conditions requiring
that the facility be monitored to ensure compliance with paragraphs
(1), (2), (3), and (6) of subdivision (a) of Section 42315 of the
Health and Safety Code.
(g) In the case of a facility, other than a resource recovery
facility subject to subdivision (f), specific conditions requiring
the facility to be monitored to ensure compliance with toxic air
contaminant control measures adopted by an air pollution control
district or air quality management district pursuant to subdivision
(d) of Section 39666 or Section 41700 of the Health and Safety Code,
whether the measures were adopted before or after issuance of a
determination of compliance by the district.
(h) A discussion of any public benefits from the project
including, but not limited to, economic benefits, environmental
benefits, and electricity reliability benefits.


25524.1. (a) Except for the existing Diablo Canyon Units 1 and 2
owned by Pacific Gas and Electric Company and San Onofre Units 2 and
3 owned by Southern California Edison Company and San Diego Gas and
Electric Company, no nuclear fission thermal powerplant requiring the
reprocessing of fuel rods, including any to which this chapter does
not otherwise apply, excepting any having a vested right as defined
in this section, shall be permitted land use in the state or, where
applicable, certified by the commission until both of the following
conditions are met:
(1) The commission finds that the United States through its
authorized agency has identified and approved, and there exists a
technology for the construction and operation of, nuclear fuel rod
reprocessing plants.
(2) The commission has reported its findings and the reasons
therefor pursuant to paragraph (1) to the Legislature. That report
shall be assigned to the appropriate policy committees for review.
The commission may proceed to certify nuclear fission thermal
powerplants 100 legislative days after reporting its findings unless
within those 100 legislative days either house of the Legislature
adopts by a majority vote of its members a resolution disaffirming
the findings of the commission made pursuant to paragraph (1).
(3) A resolution of disaffirmance shall set forth the reasons for
the action and shall provide, to the extent possible, guidance to the
commission as to an appropriate method of bringing the commission's
findings into conformance with paragraph (1).
(4) If a disaffirming resolution is adopted, the commission shall
reexamine its original findings consistent with matters raised in the
resolution. On conclusion of its reexamination, the commission
shall transmit its findings in writing, with the reasons therefor, to
the Legislature.
(5) If the findings are that the conditions of paragraph (1) have
been met, the commission may proceed to certify nuclear fission
thermal powerplants 100 legislative days after reporting its findings
to the Legislature unless within those 100 legislative days both
houses of the Legislature act by statute to declare the findings null
and void and takes appropriate action.
(6) To allow sufficient time for the Legislature to act, the
reports of findings of the commission shall be submitted to the
Legislature at least six calendar months prior to the adjournment of
the Legislature sine die.
(b) The commission shall further find on a case-by-case basis that
facilities with adequate capacity to reprocess nuclear fuel rods
from a certified nuclear facility or to store that fuel if that
storage is approved by an authorized agency of the United States are
in actual operation or will be in operation at the time that the
nuclear facility requires reprocessing or storage; provided, however,
that the storage of fuel is in an offsite location to the extent
necessary to provide continuous onsite full core reserve storage
capacity.
(c) The commission shall continue to receive and process notices
of intention and applications for certification pursuant to this
division, but shall not issue a decision pursuant to Section 25523
granting a certificate until the requirements of this section have
been met. All other permits, licenses, approvals, or authorizations
for the entry or use of the land, including orders of court, which
may be required may be processed and granted by the governmental
entity concerned, but construction work to install permanent
equipment or structures shall not commence until the requirements of
this section have been met.



25524.2. Except for the existing Diablo Canyon Units 1 and 2 owned
by Pacific Gas and Electric Company and San Onofre Units 2 and 3
owned by Southern California Edison Company and San Diego Gas and
Electric Company, no nuclear fission thermal powerplant, including
any to which this chapter does not otherwise apply, but excepting
those exempted herein, shall be permitted land use in the state, or
where applicable, be certified by the commission until both of the
following conditions have been met:
(a) The commission finds that there has been developed and that
the United States through its authorized agency has approved and
there exists a demonstrated technology or means for the disposal of
high-level nuclear waste.
(b) (1) The commission has reported its findings and the reasons
therefor pursuant to paragraph (a) to the Legislature. That report
shall be assigned to the appropriate policy committees for review.
The commission may proceed to certify nuclear fission thermal
powerplants 100 legislative days after reporting its findings unless
within those 100 legislative days either house of the Legislature
adopts by a majority vote of its members a resolution disaffirming
the findings of the commission made pursuant to subdivision (a).
(2) A resolution of disaffirmance shall set forth the reasons for
the action and shall provide, to the extent possible, guidance to the
commission as to an appropriate method of bringing the commission's
findings into conformance with subdivision (a).
(3) If a disaffirming resolution is adopted, the commission shall
reexamine its original findings consistent with matters raised in the
resolution. On conclusion of its reexamination, the commission
shall transmit its findings in writing, with the reasons therefor, to
the Legislature.
(4) If the findings are that the conditions of subdivision (a)
have been met, the commission may proceed to certify nuclear fission
thermal powerplants 100 legislative days after reporting its findings
to the Legislature unless within those 100 legislative days both
houses of the Legislature act by statute to declare the findings null
and void and take appropriate action.
(5) To allow sufficient time for the Legislature to act, the
reports of findings of the commission shall be submitted to the
Legislature at least six calendar months prior to the adjournment of
the Legislature sine die.
(c) As used in subdivision (a), "technology or means for the
disposal of high-level nuclear waste" means a method for the
permanent and terminal disposition of high-level nuclear waste.
Nothing in this section requires that facilities for the application
of that technology or means be available at the time that the
commission makes its findings. That disposition of high-level
nuclear waste does not preclude the possibility of an approved
process for retrieval of the waste.
(d) The commission shall continue to receive and process notices
of intention and applications for certification pursuant to this
division but shall not issue a decision pursuant to Section 25523
granting a certificate until the requirements of this section have
been met. All other permits, licenses, approvals, or authorizations
for the entry or use of the land, including orders of court, which
may be required may be processed and granted by the governmental
entity concerned, but construction work to install permanent
equipment or structures shall not commence until the requirements of
this section have been met.



25524.5. The commission shall not certify any facility which adds
generating capacity to a potential multiple-facility site in excess
of the maximum allowable capacity established by the commission
pursuant to Section 25516.5, unless the commission finds that
exceeding the maximum allowable capacity will not increase adverse
environmental impacts or create technological, seismic, or other
difficulties beyond those already found acceptable in the commission'
s findings on the notice for that site pursuant to Sections 25516 and
25516.5.


25525. The commission may not certify a facility contained in the
application when it finds, pursuant to subdivision (d) of Section
25523, that the facility does not conform with any applicable state,
local, or regional standards, ordinances, or laws, unless the
commission determines that the facility is required for public
convenience and necessity and that there are not more prudent and
feasible means of achieving public convenience and necessity. In
making the determination, the commission shall consider the entire
record of the proceeding, including, but not limited to, the impacts
of the facility on the environment, consumer benefits, and electric
system reliability. The commission may not make a finding in
conflict with applicable federal law or regulation. The basis for
these findings shall be reduced to writing and submitted as part of
the record pursuant to Section 25523.



25526. (a) The commission shall not approve as a site for a
facility any location designated by the California Coastal Commission
pursuant to subdivision (b) of Section 30413, unless the California
Coastal Commission first finds that such use is not inconsistent with
the primary uses of such land and that there will be no substantial
adverse environmental effects and unless the approval of any public
agency having ownership or control of such land is obtained.
(b) The commission shall not approve as a site for a facility any
location designated by the San Francisco Bay Conservation and
Development Commission pursuant to subdivision (b) of Section 66645
of the Government Code unless the San Francisco Bay Conservation and
Development Commission first finds that such use is not inconsistent
with the primary uses of such land and that there will be no
substantial adverse environmental effects and unless the approval of
any public agency having ownership or control of such land is
obtained.


25527. The following areas of the state shall not be approved as a
site for a facility, unless the commission finds that such use is not
inconsistent with the primary uses ofsuch lands and that there will (continued)