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Home My WebLink About1990-03-13; City Council; 10529; CALIFORNIA ENERGY COMMISSION PRESENTATION ON THE SDG&E POWER PLANT PROPOSALI . AB#,- TITLE CALIFORNIA ENERGY COMMISSION PRESENTATION MTG. 3-13-90 DEPT. RES ON THE SDG&E POWER PLANT PROPOSAL DEPT. HD. & C\TY ATT CITY MGR.~ 2d L) 0 d d U (d &I z n h g d u (d u r: aJ [I) k aJ a aJ d u U h cd aJ d --I bd 2 g 3 3 n c) -I c) . . 2 2 b 2 s 8 z 3 F GAHLS~SAD - AGENW ILL /ow w RECOMMENDED ACTION: Consider the presentation by Thomas M. Maddock, Public Advisor to the California Energy Commission, on San Diego Gas & Electric's (SDG&E) power plant expansion proposal. ITEM EXPLANATION: SDG&E has filed a Notice of Intention (N.O.I.) with the California Energy Commission to construct a 460 megawatt power plant on one of five potential sites. Mr. Tom Maddock, as Public Advisor, can provide assistance and advice to citizens, or organizations that wish to participate in the siting proceedings. The current status of the SDG&E filing of the N.O.I. is the Energy Commission will again consider whether the application is "data adequate'' and the process can begin at its March 14, 1990 Business Meeting. EXHIBITS : 1. Letter to Ron Ball, Assistant City Attorney, from Tom Maddock, dated One site is the existing Encina facility in Carlsbad. 2-14-90. *- e W EXHIBIT 1 GECMCE DEUKMUIAN, Oowmr - STATE W CALIFORNIA-THE RESWRCES AGWV .H CALIFORNIA ENERGY COMMISSION 1516 NINTH STREET h SACRAMENTO, CAUFeRNlA PSBU (800) 822-6228 (916) 324-3009 February 14, 1990 Ron Ball Assistant City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1889 Dear Mr. Ball: This letter is to confirm my earlier telephone request to speak before your City Council on March 1, X990 on the issue of public participation in California Energy Commission siting proceedings. San Diego Gas and Electric CQmpany has filed u Notice of Intention (NOI) to construct a power plant on five potential sites. one of these sites is within the jurisdictian of the City of Carlsbad. As Public Adviser for the California Energy Commission, I can provide assistance and advise to any member of the public or any organization that wishes to participate in the siting proceeding. I would like to give a 10 minute presentation to your City Council on the varfaus methods uf participation and f would be happy to answer any questions. I am also available to speak to any citizens groups that would like more information. 4 Thank y~u far yaw assistance in this regard. Sincerely, J&W T Public OMAS M. Adviser NADDOCK /W d 3*/3-9& . ovides increased U uses renewable fuels in lie1 e Acceptability and Suita- lity -To determine the ac. ptability and suitability of e alternative sites and facili s, the Commission evaluate e potential health and safety fects, environmental effect: d likely compliance with plicable laws and standard quantities construction and operatio each of the sites. If a project does not require an NOI. it moves directly to NO1 considers whether the certification stage. e are any “fatal flaws” would preclude a Com- Objectiws of the NOI sion decision to certify a Need - To determine the and the relative merits of need for the proposed facili- rnative sites. Comprehen ties, the Commission adopts a forecast and assessment in the Electricity Report which define and declare the critical characteristics of supply strat- egies that will reasonably bal- ance “requirements for state and senice area growth, pro- tection of public health and safety, preservation of envi- ronmental quality, mainte- nance of a sound economy, and conservation of resources.” During the NOI, a project’s probable conformity with these characteristics is evalu- ated. The need test to be applied in the NO1 asks: Will the applicant’s proposal meet the forecasted energy demand better than another Proposed facilitY? m Are the consequences of constructing and operating the facility likely to meet the Commission’s criteria for pro- moting a reasonable balance Of energ!. supplies? In Some cases, a project may be found to be in conformance and needed even if it doesn’t satisfy the criteria for addi- tional growth in energy de- mand. This would result if a new facility does any of the IHE SITING geothermal power plants RO~E~~ . ’ Notice of Intention The Notice of Intention (to without proven geothermal file an Application for Certifi- resources in commercia1 cation) is the first of a two-part power plant siting process; the Application for Certifica- tion (AFC) is the second phase. The Notice of Inten- tion (NOI) represents a middle phase between the Commission’s planning activ- ities and actual certification. The process is initiated when an applicant files an NOI. The NO1 review time is 12 months for non-geothermal and transmission line proj- ects, 9 months for geothermal projects. The NOIS principal purpose is to identify several potential power plant sites before a specific proposal is selected for certification. In the NOI, the Commission also makes a ~~rclimi7znry determination as to need, site acceptability and suitability, and alternatives to a proposed project. It rep- resents an approval of the proposal in concept; the consideration of a specific site and related facilities occurs in the AFC phase. Projects reqtriring the filing of an NOI: new thermal power plants 100 MW or greater using a commercially available tech- nology which need not be sited mar the energY Source . TFneration Power Plants 300 MW or greater which could be sited at more than one place = demonstration projects following: 300 MW or greater ng on a single siting prc a1 and conceptual desi2 mation on at least three where the proposed r plant can be built. Thl San Joaquin Kit Fox 6 criteria used to select these aiternatiyes must also be sub- b mitted. The Commission mission staff, and agencies ments of the public. evaluates the information on to discuss the project, siting ~~~i~i~~ - preparation and each site individually. It may process, or specific issues; presentation of the Commis- recommend one or more sites preliminary review of the ap- sion committee’s reports and for conditional approval. plicant‘s filing document. All Froposed decisions; hearings Commission staff, an inter- Prefiling activities are at the bv the full Commission on venor, or any other part!- to applicant’s option. the decision; adoption of the proceeding may proFose Data Adequacy - Comds- decision. alternatives during the SO1 sion staff review to determine or AFC processes. Hotcever, if the applicant‘s filing sub- anyone proposing an alterna- stantially complies with the A??DhtiOn For tive site must bear the ‘‘burden Commission’s information etification (NC) of proof” and be responsible proposal is feasible and process. reasonable. The NOI Decision acquisition by the Commis- cation (AFC) is the second After considering the staff‘s sion staff, other agencies, and phase in the Commission’s report, the applicant’s and intervenors; informational power plant siting process, intervenors’ testimonies, and hearings held for the public. representing the construction and operation permit review. in open hearings, the h-0- During the AFC, the project’s member Commission commit- gation measures, preliminary engineering design and con- tee (see Section 6), which over~ee~ the proceeding, PY- formance with laws and Stan- pares a Final Report and Decz- full Commission. forecasted electricity demand Hearings - Public adjudica- are evaluated. An affirmative These documents contain the tory and non-adjudicatory AFC decision allows the ap- plicant to begin construction committee’s determination of hearings for Cornmission the proposal’s conformance committee (two Commission- and, eventuaIly, to operate Nith the forecasted demand ers) to hear the findings and the project. conclusions of the appIicant, ’or electricity, the environ- nental acceptability and rela- :ive merits of each of the site 2nd related facility proposals. rhese reports also evaluate ny alternatives and judge he merits of the NO1 with re- pect to state energy policies. f one or more site and facility :ombinations are approved king the NO1 stage, the ap- llicant may file an AFC for a pecific site and facility. Simi- xly, if the project is such that 1 did not require an NOI, the .pplicant may proceed to the ‘.FC stage. ’he Review Phases in Siting Proceeding ill NOIs and AFCs undergo a ix-phase review process by le Commission. This six- hase process consists of: requirements, This is a Very for demonstrating that this critical phase of the review And Compliance public comments Presented Analysis - Evaluation of the project and issues by the environmental impacts, miti- Commission staff, agencies, and intervenors; preparation of testimony, analyses, and ?ion for consideration by the studies upcorning bY a11 hearings. Participants for dards, and conformance with The siting process considers the entire prolect. from construction through decommissioning. 7 , equipment selection, and alitv will reasonably assure e stated energy effi- , capacity, and reliabil- AFCs elempt from the NO1 Pub !RI ealth and Safety - phitscr ot AFCs filed within one \.ear of the NO1 decision are rex-itwed within 12 month5 after Commission acceptance of the filing. All AFC process serves as a other .AFCs are completed within 18 months after Com- m in which all the Com- mission’s concerns and permi mission acceptance. eliminate them. , requirements are evaluated. Projects requiring an AFC The findings of other state All projects not exempted and local agencies regarding from the Commission’s a project’s compliance with process are required to file their laws and standards are an AFC. conclusions. In performing weighed greatly by the Com- Projects which may file an mission. These findings and conclusions are one of the bases upon which the certifi- AFC \\-ithout an NOI: cation is granted or denied. cogeneration units 50 They also are considered to 300 MW when the conditions of certi- demonstration projects fication are set forth. Where g geothermal projects 50 MW necessary, the Commission Or greater that have proven may override an agency‘s laws or standards, but only under steam supply special circumstances and H po\\-er plants 50 MW or greater which must be sited at the energy source with proper process. . modification of an existing facility 30 MW or greater The AFC Decision As with the NOI, the AFC process includes extensive Objectives of an AFC The .AFc Process determines public workshops and hear- whether a specific power plant ings so that the views of all or transmission line is needed Compliance with Laws and participants are considered. It and establishes specific condi- is an open public process and it plays an integral role in tions tor its construction and operation (Figure 2). Need - During the AFCt the The process provides a public applicant must show that de- forum involving the applicant, mad and SUPPh’ conditions Commission staff, interested lustif!- the proposed facility. parties, and the public to con- The Commission’s need eval- sider the relative advantages uation considers the fore- and disadvantages of a pro- casted demand by the utility posal and to propose changes receix-ing the electricity, the or alternatives to make the service area’s electricity sup- project acceptable. At hear- ply, and Commission policies ings before a two-member contained in the most recent Commission committee, any E1ectr:iitil and Bieiriiirrl Reports. unresolved differences among these parties are presented. The XFC need tests are simi- lar to those described for the Following the hearings, the NO1 except that the emphasis committee will first issue a is on .;ctimf conformance with report on the project and then the tests rather than on likely a proposed decision which conformance. whether the design and oper- includes conditions of certi- fication. The full five-member Commission subsequently ap. proves, modifies, or denies this proposed decision. During the AFC phase, spe- cific environmental, public health and safety implications of the project are evaluated. The applicant must describe * the project and its impacts, as well as proposals to reduce or The Commission staff will then independently evaluate the project before presenting its own recommendations and this review, the Commission consults a full range of envi- ronmental experts. Local, . state and federal agencies are encouraged either to assist the Commission‘s review or to provide their ow-n analysis and recommendations to the Commission throughout the AFC process. If there are significant envi- ronmental, or public health and safety implications from a project, then CEQA requires the Commission to find feasi- ble mitigation measures oral- ternatives to lessen these impacts. Standards - The Warren- Alquist Act transferred to the Commission most of the per- mitting authority formerly held by other state and local agencies. At the same time, however, the Act directed the commission to base its certi- fication decision on the abil- ity of a proposed project to comply with the laws and standards of other agencies. TO the maximum feasible ex- tent, the Commission must enforce the 1an-s and stan- dards which ordinarily are enforced or administered by other agencies. During the AFC process, the Commission evaluates ation of facilities meet appli- o cable codes and standards. The Commission also vali- dates that the facility design is capable of performing as expected. An applicant must demonstrate that design crite- 50 to 3.lO MW 8 Compliance Monitoring a During the certification of an energy facility, the Commis- sion also estabIishes a moni- toring system to assure that the facility is constructed and operated in compliance with the environmental, public health and safety, and other Commission. Through this compliance monitoring, the Commission enforces the conditions from the start of construction through the decommission- ing of a facility at the end of its useful life. In carrying out this respon- sibility, the Commission is required by the legislature to seek cooperation and assis- tance from state and local agencies with appropriate in- terest or expertise. This can include local building officials, air pollution control districts and regional water quality control boards. Compliance monitoring relies on certification conditions, administrative verification requirements, on-site audits, “in-lieu” permits from local agencies, and complaint and investigation procedures to ensure that the faciiities are constructed and operated properly. conditions established by the + L