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HomeMy WebLinkAbout1990-08-14; City Council; Resolution 90-296ll w m , 1 2 3 4 I RESOLUTION NO. 90-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PRELIMINARY ISSUES REPORT AND AUTHORIZING ITS SUBMISSION TO THE CALIFORNIA ENERGY COMMISSION IN CONNECTION WITH THE APPLICATION BY SDG&E TO CONSTRUCT A 460 MEGAWATT COMBINED CYCLE POWERPLANT AT ITS EXISTING ENCINA FACILITY. 1 5 6 indicated that the utility would be filing a Notice of Inte 7 with the California Energy Commission to construct a combined 8 9 electrical generating facility of approximately 460 megawatts WHEREAS, the Carlsbad Encina site is one of WHEREAS, on December 12, 1989 representatives of 10 WHEREAS, SDG&E did file a Notice of Intention to f 11 potential sites for the location of that facility; and 12 slug cn>Z 13 <aOg $E& $8;: 14 Z>j2 %sg mGQl, 15 SUO30 ~$26 16 ZOS$ q8y >Y% 17 gv 0 u ,<-I >ma 18 permit to construct such a facility with the California E Commission on December 27, 1989 (89-NOI-1); and WHEREAS, that application was determined to be adequate by the California Energy Commission on March 28, 199( WHEREAS, the City Council authorized the hiring of and technical experts to assist it in these proceedings by apy of Resolution Nos. 90-129 and 90-141; and 19 WHEREAS, the City has extensively gathered fact 22 obtain additional facts and information; and 21 agency, allowing it to fully participate in the proceedin? 20 WHEREAS, the City is accorded special status as a 23 scheduling order requesting agencies to file preliminary 28 WHEREAS, the California Energy Commission has is: 27 A; and 26 California Energy Commission a copy of which is attached as E: 25 in order to allow it to prepare a preliminary issues report. 24 participated in the proceedings and obtained sufficient inforl I/ 1 2 w m with it by August 17, 1990, NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 3 4 5 6 7 8 9 1. That the above recitations are true and corre 2. That the preliminary issues report of the C Carlsbad attached as Exhibit A is approved and the City At and City Manager are directed to file it with the California Commission in its proceedings. 3. The offices of the City Attorney and City Manag directed to continue to obtain information and data on the 10 identified in the preliminary report and any other issues th 11 12 00, &E& ouam ooaa Z>ilz QI"a u 'ai ,>ma wmo aan SlUF m> 53;: mi522 +&$ =-5gl: Zz-l >2% 0 ko 13 14 15 16 17 18 19 20 21 /I 22 23 become of concern to the City and to return to the City Counc further direction for submitting a final report or other do to the Energy Commission as soon as necessary or desirable ir proceedings. PASSED, APPROVED AND ADOPTED at a Regular Meeting City Council of the City of Carlsbad on the 14th day of & 1990, by the following vote, to wit: AYES : Council Members Lewis, Kulchin, Larson, Mamaux ar NOES : None ABSENT : None Pettine ~ 24 25 ATTEST : 27 a g ,g" 26 ALETHA L. RAUTENKRANZ, Cit. Clerk 28 W (m Allan J. Thompson, Esq. Joseph S. Faber, Esq. Evelyn K. Elsesser, Esq. JACKSON, TUFTS, COLE & BLACK 650 California Street, Suite 3130 San Francisco, California 94108 Telephone: (415) 433-1950 Ronald R. Ball Assistant City Attorney CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Telephone: (619) 434-2891 Attorneys for City of Carlsbad STATE OF CALIFORNIA State Energy Resources Conservation and Development Commission In the Matter of:, 1 DOCKET NO. 89 NO1 1 THE NOTICE OF INTENTION OF SAN 1 PRELIMINARY ISSUES REPOI DIEGO GAS & ELECTRIC COMPANY TO 1 OF CITY OF CARLSBAD FILE AN APPLICATION FOR 1 CERTIFICATION OF A COMBINED CYCLE ) ELECTRIC GENERATING FACILITY AND ) RELATED FACILITIES KNOWN AS THE 1 COMBINED CYCLE PROJECT 1 1 1 I. INTRODUCTION The City of Carlsbad ("Carlsbad") hereby responds to the scheduling order issued June 20, 1990 in the above-captioned proceeding, which directs agencies to file preliminary reports or before August 17, 1990. Carlsbad has not yet completed its efforts to gather and analyze information provided by the applicant and other resources. In fact, some of these efforts have been hampered by San Diego Gas & Electric Company's ("SDG&EIsl') refusal to present detailed analyses of project W im impacts, particularly in the areas of sand transport and biological resources. Despite this 'difficulty, Carlsbad preseni in this report a preliminary list of principal problem areas raised by SDG&E's Notice of Intention (lfNOI1f), reserving its right to supplement this list as further information becomes available. A. Scope of Carlsbad's Preliminarv Rersort This report addresses the following major subject areas: land use; environmental issues; public health and safety; SDGCE economic comparison of proposed sites; and project alternatives Within these subject areas, the primary concerns can be summarized as follows. 0 The Carlsbad community is concerned that selection of the Carlsbad site for the proposed project could be inconsistent with the community's long-term plans for the use of its coastal resources. 0 Carlsbad citizens are concerned that the degradation the aesthetic resources in the area may not be accurately described and considered. 0 Carlsbad is concerned that the project may cause, am0 other things, a permanent loss in beach sand and detrimental impacts to biological communities along t beach inter-tidal communities and other species prese in the lagoon. 0 Carlsbad remains unconvinced that SDG&E will, in fact be able to locate air quality emissions credits sufficient to offset the impacts to the Carlsbad area 0 Carlsbad does not feel confident that SDG&E has adequately explored the potential health and safety hazards to the community that may result from SDG&E's handling of hazardous materials, emissions of carcinogens, and the increases to electromagnetic fields surrounding transmission lines. 0 Carlsbad places little or no weight in SDG&E's highly subjective economic comparison of the proposed sites. 0 Carlsbad believes that SDG&E should consider serious1 -2- W m other project alternatives, such as solar, geothermal, or power purchases, before embarking on the construction of the proposed combined-cycle facility. B. Procedural Concerns The City of Carlsbad must go on record that a full evaluation of the environmental impacts, in sufficient detail tc support this Commission's site selection process, on the above- reference may not be forthcoming. In order for this to be achieved, however, SDG&E must cooperate with the Commission Sta: and other parties and provide necessary information to analyze environmental impacts. SDG&E's refusal to cooperate and to evaluate fully the impacts in the NO1 process could impair the NO1 process and disadvantage the parties to this proceeding, including Carlsbad. Carlsbad fears that the NO1 process could result in the selection of a coastal site such as Carlsbad -- not because it is the preferable site, but because of the limited time availab for subsequent licensing and construction activities in a more environmentally benign area. SDG&E has assumed in the NOI, Figure 2.4-1, that review of the NO1 and the subsequent application for certification ("AFC") for the project must be complete by December 1992 in order to meet its proposed commercial operation dates. However, as a result of delays at the Blythe and Heber sites, it appears to be impossible to complete the licensing process by the end of 1992. Accordingly Carlsbad is concerned that SDG&E and the Commission may favor a site that would have a shorter construction timetable. Carlsba believes it is far more important to have an NO1 decision based -3- 9 W 'o upon a complete record than to do the required analysis piece meal and be possibly rushed to judgment. To begin with, SDG&E has proposed amendments to the Blythe and Heber sites but has not yet provided the information supporting the amendments to the Commission. The current decision deadline for the NO1 is being extended day for day fro the date the NO1 was deemed data adequate to the date the amendments are provided -- already an extension of five months beyond SDG&EIs anticipated NO1 schedule. Additionally, SDG&E h admitted that it has not performed any.site-specific studies, such as the 316-A study, for any of the proposed sites. It is not unreasonable to assume that these studies may take from six months to a year following the selection of a suitable site for the AFC process. Under these assumptions, an AFC could not be filed until early to mid-1992. After an appropriate time for data adequacy, a decision would be expected in late 1993 or ear 1994 -- more than a year after SDG&EIs projected target date fo the completion of the licensing process. Based on this scenario, the timing of the licensing decisi could conceivably lead to an inadequate time period for construction and a delay in the operation date for the ' facilities. Carlsbad fears that this possibility will cause SDG&E, and possibly the Commission, to be inclined toward a project site with a shorter construction timetable. Since the Encina and South Bay sites already accommodate SDG&E facilities it is likely that those sites would be viewed as the most expeditious projects to undertake, regardless of the -4- W (. environmental merits of alternate sites. Carlsbad believes that the analysis of environmental impaci of the various sites should, in no way, be compromised by a desire to construct the facilities in the most expedient manner Carlsbad raises its concern at this time merely to encourage th, Commission to resist any inclination to be drawn by SDG&Ers construction schedule. 11. ISSUES OF CONCERN TO THE CITY OF CARLSBAD A. Land Use SDG&E Position. In its NOI, SDG&E states that the site conforms to the Carlsbad General Plan, the Agua Hedionda Local Coastal Plan, and the Carlsbad Specific Plan Ifpublic utilityvv designation for the property. The NO1 does state, however, thal the Specific Plan for the site would need to be amended (NOI, Vol. 1, pp. 2-25). The NO1 characterizes the impact of the proposed project on the Encina site as follows: "the proposed action is not expected to result in physical or operational lanc use impacts to the site or its surrounding uses." While SDG&E recognizes that the site borders sensitive recreational and residential uses, SDG&E believes that the incremental addition c the power plant would not I*significantly affect the operational or physical aspects of these uses" (NOI, Vol. 2, p. 7.3.5-5). Carlsbad Position: The City of Carlsbad does not agree wit SDG&EIs characterization of the impacts of the project on land use in the Carlsbad area. First, selection of the Carlsbad site would violate the letter, and spirit, of the Coastal Zone Act. -5- w w The Act advances as a goal the protection, maintenance and, whe] feasible, enhancement and restoration of the overall quality of the coastal zone environment and its natural and artificial resources. (Cal.Pub. Res. S 30001.5) Second, the proposed project may not be compatible with thc long-term land use regulations prescribed by Carlsbad. There appears to be substantial public interest in the Carlsbad community to cease unnecessary industrial development on the coast. Indeed, Carlsbad believes it would be in the public interest to consider the eventual return of valuable coastal resources to the public. This is obviously of concern in licensing a new power plant with a thirty year or more life-tim as the addition of that industrial facility on the coast defeat the interest of the citizens of Carlsbad. For these reasons, and based on rising community interest the use of Carlsbadls coastal resources, the City of Carlsbad passed Ordinance NS-108 (January 23, 1990), an urgency ordinanc prohibiting any uses which may be in conflict with a contemplat general plan, specific plan, or zoning proposal which the City studying or planning to study. This action was taken by Carlsb so that it could understand fully the ramifications of locating new power plant on the California coastline -- one of the state most precious assets. The ordinance mandates: No development application shall be accepted, processed, or approved which would increase the size, location, generating capacity or use of the existing Encina power generating facility within the general plan tlU1l designation and tlPU1l zoning districts . . . I1 -6- - rl) (Ord. No. NS-108, Section 2). 1 In accordance with the direction of Ordinance No. NS-108, the Planning Department is studying and processing a General P1; Amendment amending the land use designation for the site. On July 16, 1990, the Planning Department mailed a Notice of Preparation to affected agencies notifying them that an environmental impact report (IIEIRI') would be prepared on variou: land use options for the area west of 1-5 and north of Canon RO~ designated rlUl*, which includes the Encina power plant area. Thl Notice of Preparation describes the project to be analyzed in tl EIR as a General Plan Amendment to consider the redesignation o approximately 100 acres from Public Utilities (U), to Travel Service Commercial/Recreation Commercial and Open Space. The EIR will be prepared in August and September. Once comments on the draft EIR have been received and a final EIR I prepared, the Planning Commission shall hold at least one publil hearing regarding the EIR and the General Plan Amendment. Afte hearings and a final written recommendation by the Planning Commission to the City Council, the Council will take final action on both the EIR and the General Plan Amendment by Decemb 15, 1990. If the General Plan is amended, any specific plan or other plan of the City that is applicable to the same areas or matters affected by the General Plan Amendment shall be reviewe and amended as necessary to make the specific or other plan consistent with the general plan. ' Ordinance No. NS-108 was extended by Ordinance No. NS-1 on February 13, 1990 for a period of 22 months and 15 days. -7- w m While the outcome of these issues has yet to be determined, Carlsbad wishes to advise the Commission that the land use plan upon which SDG&E based its assumptions may be changing. If the General Plan is amended, SDG&E will need to reassess the feasibility of constructing its proposed project at the Encina site. B. Environmental Issues 1. Visual Resources SDG&E Position. SDG&E identifies the sensitive view sheds for the Encina project as Highway 1-5 to the north, residences across the Agua Hedionda Lagoon, and the recreation area of Carlsbad State Beach (NOI, Vol. I, p. 2-28). The NO1 additionally states regarding the impacts from the two additiona 150 ft. stacks: "the additive increase of visual impact would be high." (NOI, Vol. I, p. 2-28). In another location, the NO1 SDGbE states that the incremental impacts to the Encina site project would be moderate to visual resources but adds "the additive increase in visual impact of two additional stacks as viewed from the north along Interstate 5, from the residences across Agua Hedionda Lagoon, and from the recreation areas of Carlsbad State Beach in the foreground -- middleground distance would be significant. Strong vertical line and form contrast would draw additional visual attentiongt (NOI, Vol. 2, p. 7.3.7- 1). SDG&E has proposed to mitigate these effects by painting th stacks a color which would repeat the similar color of the existing stack (NOI, Vol. 1, p. 2-28). Carlsbad Position: The City is currently attempting to -8- w rn determine the impacts felt by its citizens who live in homes th, have views of the facility or who utilize the beach and park lands which have a view of the facility. Along with these impacts, SDG&E must also consider the view impacts of motorists (some 130,000 cars/day) who travel on Highway 1-5, visitors to the Carlsbad beaches (more than 3 million per year), and railro passengers (1.7 million per year on Amtrak). Carlsbad believes that reactions of its own citizens and visitors may offer the best evidence of the impact of the proposed project, despite SDG&E's attempts to show, by way of a BLM developed model, that the impacts would be moderate. Carlsbad has requested SDG&E to superimpose outlines of th facility on photographs it has taken from various locations in the City of Carlsbad. (a Data Requests of the City of Carlsb (Set Two)). When these images become available to Carlsbad, a more helpful analysis and reaction will be made available. As for now, Carlsbad does not agree that the impacts will be moderate. Rather, Carlsbad agrees with the conclusion in the N that the impacts to some areas will, in fact, be significant. 2. Sand Transport SDG&E Position. The cooling water intake from the outer Agua Hedionda Lagoon causes excess water and sand to flow from the oceans and beaches into the lagoon. SDG&E periodical1 dredges this material and deposits it in the near shore region south of the cooling water discharge outlet, thereby, in their opinion, replenishing the sands that have been temporarily lost to the coastal system by diversion into the lagoon (NOI, Vol. 2 -9- - 0 p. 7.3.3-3). SDG&E states that there are no sand transportatio effects attributable to the jetties and discharge plume. (NOI, Vol. 2, p. 7.3.3-8). Dredging removes 275,000 cubic yards for each effort (NOI, Vol. 2, p. 7.3.3-3), which translates into a dredging requireme of an estimated 133,000 cubic yards per year (NOI, Vol. 2, p. 7.3.3-3). By way of example, the dredging requirement for 1989 was 146,000 cubic yards (Comment, Mr. Dyson at 7-17-90 briefing) . Carlsbad Position: Carlsbad has a deep interest in maintaining sand on its beaches and believes that the proposed project will have significant detrimental effects on the quanti of sand available to the beaches. Carlsbad has long been active in many beach protection programs and has been an active member in the Experimental Sand Bypass Project further north on the coast in Oceanside, which will reroute sand to replenish the Carlsbad beaches. The $12 million project, which is managed by the Army Corp of Engineers, has a design capacity for rerouting 350,000 cubic yards of sand per year. In addition, Carlsbad is co-sponsor with the Port of Los Angeles in the Batiquitos Lagoo Enhancement Project, which will provide nourishment to Carlsbad beaches. Carlsbad wants to be sure that SDG&E1s characterizati of the relationship between increases in cooling water requirements and sand increases in the lagoon will be accurate for purposes of determining future sand dredging requirements. Although SDG&E has not provided sufficient data and analysis to make a clear determination, Carlsbad believes that there will b - 10 - w 0 some permanent loss of sand due to the rate of flow out of the outfall structure and that there will be a negative effect on t Carlsbad beaches from the "borrowingI1 of sand from the beaches into the lagoon. Carlsbad is not in the cooling water requirements convinced that a 27% increase for the additional facilities will translate to a 27% increase of sand into the outer lagoon. Carlsbad has reason to believe that, in fact, the increase sand transport into the lagoon will be significantly larger than 27% Inasmuch as SDG&E can only dredge from October to March (Dyson Comment, 7-17-90), it is possible that dredging will hav to take place annually or up to every 18 months. This undoubtedly will cause increased turbidity in the lagoon and a greater permanent loss of sand due to dispersal by outfall plum discharge off the coast. Carlsbad further believes that there will be substantial and serious impacts to biological resources in the lagoons from increased cooling water requirements for th, plant and increased dredging activities. 3. Water Oualitv/Biolosv SDG&E Position. SDG&E recognizes several important points in its analysis of water quality/biological resource issues. 0 The areas of critical concern are the salt marshes, t offshore kelp beds, and the eel grass beds in the lagoon (NOI, Vol. 2, p. 7.3.4-76). 0 There will be detrimental effects from a 27% increase in the discharge of the thermal effluent to the ocean (NOI, Vol. 1, p. 2-20) and impacts from increased dredging (Vol. 2, p. 7.3.4-84). 0 There will be impacts to the sandy beach inter-tidal community and offshore kelp and a reduction in the abundance in species diversity in the lagoon. (NOI, Vol. 2, p. 7.3.4-82 and 83). - 11 - - 0 0 The project will result in additional entrapment and entrainment of plankton, larvae and fish egg kills (Vol. 2, p. 7.3.4-80 and 8.1). 0 Bio-fouling treatment, which occurs every six weeks, will increase the negative effects upon the plankton and fish communities (NOI, Vol. 2, p. 7.3.4-82). 0 A 316A demonstration will be required for the thermal discharge (NOI, Vol. 1, p. 2-21); 316A probably cannc meet the objectives of the 4O delta (NOI, Vol. 2, p. 7.3.3-21). Despite SDG&EIs recognition of these potential problems, SDG&E ranks Encina as one of the three best sites for biology. (NOI, Vol. 1, p. 5-25.) Carlsbad Position: Carlsbad has requested information fro] SDG&E concerning the effects on water quality and biological resources at the Encina site and will continue in its efforts tc obtain information necessary to an evaluation of the project impacts upon the biological communities in the area. Even without sufficient data, however, Carlsbad believes that the proposed project will have detrimental impacts on the biologica resources in the lagoon and on the beaches. SDG&E has failed to present any analysis of increased entrainment or entrapment, and no thorough analysis of impacts from the project are expected from SDG&E (see Response to Staff Data Request No. 186). Indeed, the information that has been provided by SDG&E on fish impingement is erroneous. Carlsbad asserts that the fish impingement data presented on page 7.3.4- 79 should be correlated to existing operational flows, not to t: flow capacity (1326 cfs). Furthermore, little information abou the diversity or abundance of fish species in the lagoon has be presented. Without further, and more accurate, analysis, the - 12 - - 0 true impacts on fish life cannot be assessed. Carlsbad is concerned about the impact that decreased flushing of the inner and middle lagoons might have on biologic resources. Increased flushing may lead to a reduction in the tidal amplitude in these portions of the lagoon. As a result, there may be reductions in the area of the intertidal zone and associated effects on the intertidal ecosystem including intertidal communities, eel grass beds, and salt marshes. Whil SDG&E has identified these areas as areas of critical concern (NOI, Vol. 2, p. 7.3.4-76), SDG&E has failed to indicate what t potential impacts might be. Carlsbad is concerned that the increase in the ocean outfa may have significant adverse effects on the existing kelp beds and the biota in the vicinity of those beds. Finally, Carlsbad is concerned that SDG&E has failed to analyze the effects of the proposed project on threatened or endangered species. SDG&E has stated that the least tern is a bird species known or expected to occur on lands associated wit: the Encina site and its ancillary facilities. (Table 7.3.4.2.2 1). The least tern is a federal and state-listed endangered species. (7.3.4-63). SDG&E represents, apparently based on a personal communication, that the least tern has not been observ nesting near the site in the last few years, although "they may nest within the immediate area of the proposed plan site." (7.3.4-63). SDGtE also states that the snowy plover is a bird species known or expected to occur on lands associated with the Encina site and its ancillary facilities. (Table 7.3.4.2.2-1). - 13 - I v W The snowy plover is a Federal Category 2 species. SDG&E has no1 identified the snowy plover nesting areas nor given any indication of their degree of presence near the site. Carlsbad submits that the cursory treatment of the potential impact on these species given by SDG&E provides an insufficient basis on which to determine the proposed project's potential impacts on these biological resources. For these and other reasons, Carlsbad believes it is impossible to analyze adequately the biological impacts from project construction and operation with the present level of information and analysis provided by SDG&E. Carlsbad asserts that the true impacts on biological resources cannot be determined until a successful 316A demonstration has been made. 4. Air Oualitv SDG&E Position. SDGCE admits that the San Diego air basin is in a non-attainment status for ozone, NOx, CO and particulatt (NOI, Vol. 1, p. 2-16). SDG&E anticipates that offsets for the new facility at Encina will be obtained from existing equipment at the site. SDG&E calculates the available offsets using its own definition of Reasonably Available Control Technology (IIRACTII) (NOI, Vol. 1, p. 2-16). SDG&E essentially assumes tha. the present technology on the existing Encina plan constitutes RACT by definition, simply because it is in compliance with present San Diego County Air Pollution Control District ( tlSDCAPCD1') regulations. SDG&E has attempted to quantify the difference in air emission control costs between the I1bestl1 site (South Bay) and - 14 - v m the ltworst1l site (Heber) , reaching a figure of $20 million (NO1 Vol. 1, p. 5-27). The Table ranking candidate sites, Table 5-6 suggests that the differential would be approximately the same value when comparing Encina and Heber, that is, almost $20 million. (NOI, Vol. 1, p. 5-29). Carlsbad Position: Carlsbad does not accept SDG&E's loose application of RACT and submits that SDG&E should be required tc recalculate available offsets. SDG&E should be required to app a more stringent definition of RACT. As was apparent at the Ju: 21 workshop involving Albert0 Abreu of the San Diego County Air Pollution District, the definition of RACT as employed by SDG&E is unacceptable to all parties. In addition, SDG&E has miscalculated the available offsets from the Encina site by basing the calculation on maximum, rather than average, emissio: from the existing plant. Carlsbad is concerned that following a correct RACT determination and recalculation of existing emissions, there ma: be insufficient offsets to allow for the construction and operation of the proposed unit. Moreover, the cost of offsetti: the new power plant at the Encina site will be much closer to t: $20 million cost of offsetting a facility at Heber. SDG&EIs co, comparison, therefore, will be less likely to favor the Encina site. It should be remembered that over the next two years the SDCAPCD will undoubtedly be well on its way to requiring existi: power plant units to clean up their emissions or shut down. As the opinion of the SDAPCD is extremely important to this - 15 - Item ?.lo. 7, Pg. 16 omxhibit 3 to SDGCE Expansion mnda Bill #10,768 procmding, tha fntWXCtiOn between this proceeding and the timing of the SDCAPCD raquirernrnts nerhe to be evaluated; C. Health and Safw 1, - SDCtE. Carlabad has requested that SDGOE provide e detailed risk aasessment for each of the five sitem to evaluate quantitativaly the affect of non-critaria pollutant em1or;ions POI oach rite. (Carlabad Data Request No. 16.) SDGliE has declined to pmVid0 this infomation in ita July 17, 15-Day Notification, stating that the information requeated goem far bayond tha ocope of the NO1 process. Yet SDCLE also state8 that the Commin8ion's staff ia praparing the health ri6k auuessment sought by Carlsbad. wad Pow. Carlsbad maintain., and apparently tha Cormnisaion staff agree., that a health ri8k aasessmant ahould be propared for each of the five &ita& in queation. While Carlabad will b8 aatisfied to rmceive the reaulta of such an analyais, courtesy of the Comisaionss ritaff, Carlmbad fm puzzled by SDGLtE'8 rmfusal to undortake thir analysia on ita own account. It ia Carlabad's understanding that the Staff will prepare a haalth risk analyais to obtain the individual ri8k lavalm for non-criteria pollutants. A6 Carlobad indicated in the JUn. 21 workshop, howovor, Carlabad believe. that it would be appropriate in this cas8 to taka the analyeir to it6 logical conclumion by extending the individual risk leva1 to a population rirk level. Tho Air Toxic8 A88..8mOnt Manual, pr0par.d by the California Air Pollution Control Officers Asaociation, muggmsta that thr population axtenrion can be an important output of the rimk - 16 - w m assessment: Another important output of the cancer risk analysis the assessment of the increased cancer risks which thl proposed facility may pose to the entire exposed population. This is obtained by calculating the ltpopulation excess cancer burdenv1 . . . The populatio excess cancer burden is the estimate of the potential increased number of cancer cases (not necessarily deaths) in a population as a result of exposure to a carcinogen. (Air Toxics Assessment Manual, S 3.5.2). Carlsbad believes that a population calculation would be particularly appropriate in this case, in which the Commission attempting to compare the relative impacts that may result from construction of the proposed facility in highly populated coast sites with the impacts on sparsely populated desert sites. The City of Carlsbad continues to grow at an impressive rate. Carlsbad encourages the Commission, having expressed its willingness to prepare the health risk assessment, to take the analysis to its logical conclusion in this case. 2. Hazardous Materials SDG&E Position. The staff of the CEC is preparing an analysis of public health hazards emanating from the storage, transportation and handling of hazardous materials. Carlsbad Position: Given the size of the resident population likely to be downwind of the plant and the extremely large transient population on the highway in close proximity to the plant, an analysis of the issues raised by the staff report is of crucial importance to the residents of Carlsbad. 3. Transmission Line Safety and Nuisance SDG&E Position. In response to a request by the City of - 17 - - 0 Carlsbad, SDG&E refused to provide any'information on electromagnetic field (IIEMFtt) effects surrounding high tension transmission lines. Carlsbad Position: Carlsbad believes that the record in this proceeding should contain an adequate discussion of the potential health effects from EMF, and the increase in field si as a result of the new plant. Carlsbad is aware that SDG&E has responded to the Commission staff's request for information on EMF and is most interested in the staff's evaluation of this issue. D. Economic ComDarison SDG&E Position. SDG&E attempted to rank all of the candidate sites based upon weighting coefficients, which were developed on the basis of potential cost implications of avoidi: or mitigating predicted impacts or other site specific shortcomings (NOI, Vol. 1, p. 5-24). For instance, the capital cost differential was 43.5% of the total, community acceptance only 5.6%, and aesthetic impacts 11.3% (NOI, Vol. 1, p. 5-29). SDG&E admits that there is a negative local reaction to the filing of the NO1 (NOI, Vol. 1, p. 2-34). Carlsbad Position. Carlsbad is concerned that the process by which SDG&E arrived at the weighting coefficients used in it2 analysis may not have resulted in a meaningful comparison of tht various site alternatives. First, as Carlsbad has emphasized throughout this report, SDG&E has not performed sufficient analysis in several areas on which to base any determination of relative value. Second, it is difficult to imagine that the - 18 - w m process could be free from subjectivity, as SDG&E has stated, given that the process was conducted exclusively by SDG&E and i consultants. For example, how was SDG&E able to accurately reflect the relative value of community acceptance of the proje without involving the community directly? Third, the approach involved the assumption that "one can adequately (if not fully) account for the importance of a predicted impact at a given candidate site by considering the amount of money that would ha to be spent to (a) prevent the impact from occurring or (b) to mitigate the impact to the extent that net effect would be acceptable.## (NOI, Vol. 1, p. 5-6). Carlsbad does not agree with this assumption. There are some impacts, for example, visual impacts, that cannot be prevented or mitigated by spendi money: The NO1 process contemplates that a potential site may have a "fatal flaw. II r As a result of SDG&Ets approach, Carlsbad believes that a number of the elements used to differentiate the candidate site failed to reflect the true cost of siting the facility at the Carlsbad location. For instance, due to the lack of informatia and analysis provided by SDG&E, the cost to mitigate the biolog impacts (ocean intake and outfall structures) air quality impac (higher cost of offsets), and public health impacts may be substantially understated. Additionally, the evaluation of community acceptance and land use impacts cannot possibly be determined with any degree of accuracy without adequate consultation with the community. (Carlsbad cannot believe that plant cost is 8 times more important than community acceptance. - 19 - w a Finally, as mentioned above, some impacts, such as visl;al impacts, cannot be mitigated to an acceptable level. For all ( these reasons, Carlsbad is interested in exploring a ranking of candidate sites which includes a more reasonable assessment of mitigation. E. Alternatives SDG&E Position. SDG&E believes that the first plant needs to begin operation in June 1995 and the second in June 1996. (NOI, Vol. 1, p. 1-2). To fit in that time frame, SDG&E has listed potential resources, but did not include solar, geothermal, purchases from Southern California Edison, purchase from out-of-state utilities and cogeneration within and outside of the local area (NOI, Vol. 1, p. 3-9). SDGtE further stated that: ttFor its resource planning process, SDG&E has had no reliable basis for determining that there is over 400MW of dependable and economic purchase power options in the post 1994 period.tt (NOI, Vol. 1, p. 4-4) Carlsbad Position: The City of Carlsbad believes that in order to ensure that capacity additions conform to the announce goals of the State of California, consideration of numerous alternate fuel alternatives must be made. In fact, SDG&E itsel has committed to examine other possibilities. The NO1 states that SDG&E will solicit bids from other utilities, QFs anc other independent power producers (IPPs) to ascertail whether the proposed combined cycle project can be deferred or eliminated by purchasing power, with the necessary attributes to meet reliability and quality - 20 - w a service needs, from these other parties. (NOI, Vol.1, p. 3-34). Carlsbad is most interested in assistil in the evaluation of alternative sites and alternative methods ( producing the capacity requ.ired at the earliest date possible. 111. AREAS OF NO IMMEDIATE CONCERN Although the analysis by the City of Carlsbad has been preliminary, the City does not believe that it will contest othc areas of the NOI. These areas include: Paleontological Resources; Socioeconomics; Mechanical Engineering; Industrial/Fire & Safety; Civil Engineering; Transmission Systen Evaluation; Soils (to the extent this category does not include sand transport); Noise; Demand Conformance; Cultural Resources; Power Plant Reliability and Efficiency; Engineering Geology; Structural Engineering; and Transportation. Carlsbad trusts that the comments provided to the Commissio herein will assist the Commission in determining the appropriate site for the proposed combined-cycle facility. Respectfully submitted this 17th day of August, 1990. JACKSON, TUFTS, COLE & BLACK Allan J. Th6mpsoii 7 Joseph S. Faber Evelyn K. .Elsesser Attorneys for City of Carlsbac 1\14794/001/PD005.EKE - 21 -