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2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25503.

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.
(Amended by Stats. 1978, Ch. 1010.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25504.

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.
(Amended by Stats. 1984, Ch. 1184, Sec. 8.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25504.5.

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.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25505.

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.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25506.

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.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25506.5.

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.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25507.

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.
(Amended by Stats. 1978, Ch. 1013.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25508.

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.
(Amended by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25509.

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.
(Amended by Stats. 1978, Ch. 1013.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25509.5.

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.
(Added by Stats. 1978, Ch. 1013.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25510.

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.
(Amended by Stats. 1978, Ch. 1013.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25511.

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.
(Amended by Stats. 1978, Ch. 1013.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25512.

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.
(Amended by Stats. 1978, Ch. 1013.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25513.3.

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.
(Added by Stats. 1995, Ch. 938, Sec. 82.5. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25514.

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.
(Amended by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 4. Effective May 22, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25514.3.

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.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25514.5.

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.
(Amended by Stats. 1984, Ch. 1184, Sec. 10.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25515.

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.
(Amended by Stats. 1978, Ch. 1013.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25516.

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.
(Amended by Stats. 1984, Ch. 1184, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25516.1.

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.
(Amended by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25516.5.

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.
(Amended by Stats. 1978, Ch. 1013.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25516.6.

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.
(Amended by Stats. 1987, Ch. 335, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25517.

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.
(Amended by Stats. 1994, Ch. 1145, Sec. 14. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25518.

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.
(Amended by Stats. 1994, Ch. 1145, Sec. 15. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25518.5.

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.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25519.5.

25519.5. (a) If the site and related facilities specified in the application are proposed to be located within 1,000 feet of a military installation, or lie within special use airspace or beneath a low-level flight path, as defined in Section 21098, the applicant shall inform the United States Department of Defense of the proposed project and that an application will be filed with the commission.
(b) If provided by the United States Department of Defense, the applicant shall include within the application a description of its consultation with the department, with regard to potential impacts upon national security, including potential impacts on the land, sea, and airspace identified by the United States Department of Defense and its impacted service components, for conducting operations and training, or for the research, development, testing, and evaluation of weapons, sensors, and tactics. If the information is provided after the application is filed, the applicant shall forward the information upon receipt.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 3. (SB 2 1x) Effective December 10, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25520.

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.
(Amended by Stats. 1999, Ch. 581, Sec. 6. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25520.5.

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.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25521.

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.
(Amended by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 6. Effective May 22, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25522.

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.
(Amended by Stats. 1987, Ch. 335, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25524.

25524. (a) “Qualified applicant” for purposes of this section means an applicant for certification of an eligible renewable energy resource, as defined in the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).
(b) The commission shall establish a process to allow a qualified applicant to elect to pay additional fees to be used by the commission to contract with a third party, or more than one third party, to assist commission staff in performing the analysis otherwise performed by commission staff in determining whether or not to issue a certification. The commission shall retain discretion as to when this option will be offered to a qualified applicant.
(c) The amount of the fees charged by the commission pursuant to this section shall be conditioned upon the qualified applicant agreeing to that amount and electing to proceed with the retention of the third party or parties pursuant to subdivision (b).
(d) All fees paid by a qualified applicant shall be used exclusively for analysis of that applicant’s application for certification.
(Amended by Stats. 2011, 1st Ex. Sess., Ch. 10, Sec. 4. (AB 13 1x) Effective December 10, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25524.5.

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.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25525.

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.
(Amended by Stats. 2003, Ch. 733, Sec. 3. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25526.

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.
(Amended by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25527.

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 of such lands and that there will be no substantial adverse environmental effects and the approval of any public agency having ownership or control of such lands is obtained:
(a) State, regional, county and city parks; wilderness, scenic or natural reserves; areas for wildlife protection, recreation, historic preservation; or natural preservation areas in existence on the effective date of this division.
(b) Estuaries in an essentially natural and undeveloped state.
In considering applications for certification, the commission shall give the greatest consideration to the need for protecting areas of critical environmental concern, including, but not limited to, unique and irreplaceable scientific, scenic, and educational wildlife habitats; unique historical, archaelogical, and cultural sites; lands of hazardous concern; and areas under consideration by the state or the United States for wilderness, or wildlife and game reserves.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25528.

25528. (a) The commission shall require, as a condition of certification of any site and related facility, that the applicant acquire, by grant or contract, the right to prohibit development of privately owned lands in the area of the proposed site which will result in population densities in excess of the maximum population densities which the commission determines, as to the factors considered by the commission pursuant to Section 25511, are necessary to protect public health and safety.
If the applicant is authorized to exercise the right of eminent domain under Article 7 (commencing with Section 610) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code, the applicant may exercise the right of eminent domain to acquire such development rights as the commission requires be acquired.
(b) In the case of an application for a nuclear facility, the area and population density necessary to insure the public’s health and safety designated by the commission shall be that as determined from time to time by the United States Nuclear Regulatory Commission, if the commission finds that such determination is sufficiently definitive for valid land use planning requirements.
(c) The commission shall waive the requirements of the acquisition of development rights by an applicant to the extent that the commission finds that existing governmental land use restrictions are of a type necessary and sufficient to guarantee the maintenance of population levels and land use development over the lifetime of the facility which will insure the public health and safety requirements set pursuant to this section.
(d) No change in governmental land use restrictions in such areas designated in subdivision (c) of this section by any government agency shall be effective until approved by the commission. Such approval shall certify that the change in land use restrictions is not in conflict with requirements provided for by this section.
(e) It is not the intent of the Legislature by the enactment of this section to take private property for public use without payment of just compensation in violation of the United States Constitution or the Constitution of California.
(Amended by Stats. 1977, Ch. 1114.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25529.

25529. When a facility is proposed to be located in the coastal zone or any other area with recreational, scenic, or historic value, the commission shall require, as a condition of certification of any facility contained in the application, that an area be established for public use, as determined by the commission. Lands within such area shall be acquired and maintained by the applicant and shall be available for public access and use, subject to restrictions required for security and public safety. The applicant may dedicate such public use zone to any local agency agreeing to operate or maintain it for the benefit of the public. If no local agency agrees to operate or maintain the public use zone for the benefit of the public, the applicant may dedicate such zone to the state. The commission shall also require that any facility to be located along the coast or shoreline of any major body of water be set back from the shoreline to permit reasonable public use and to protect scenic and aesthetic values.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25530.

25530. The commission may order a reconsideration of all or part of a decision or order on its own motion or on petition of any party.
Any such petition shall be filed within 30 days after adoption by the commission of a decision or order. The commission shall not order a reconsideration on its own motion more than 30 days after it has adopted a decison or order. The commission shall order or deny reconsideration on a petition therefor within 30 days after the petition is filed.
A decision or order may be reconsidered by the commission on the basis of all pertinent portions of the record together with such argument as the commission may permit, or the commission may hold a further hearing, after notice to all interested persons. A decision or order of the commission on reconsideration shall have the same force and effect as an original order or decision.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25531.

25531. (a) The decisions of the commission on any application for certification of a site and related facility are subject to judicial review by the Supreme Court of California.
(b) No new or additional evidence may be introduced upon review and the cause shall be heard on the record of the commission as certified to by it. The review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order or decision under review violates any right of the petitioner under the United States Constitution or the California Constitution. The findings and conclusions of the commission on questions of fact are final and are not subject to review, except as provided in this article. These questions of fact shall include ultimate facts and the findings and conclusions of the commission. A report prepared by, or an approval of, the commission pursuant to Section 25510, 25514, 25516, or 25516.5, or subdivision (b) of Section 25520.5, shall not constitute a decision of the commission subject to judicial review.
(c) Subject to the right of judicial review of decisions of the commission, no court in this state has jurisdiction to hear or determine any case or controversy concerning any matter which was, or could have been, determined in a proceeding before the commission, or to stop or delay the construction or operation of any thermal powerplant except to enforce compliance with the provisions of a decision of the commission.
(d) Notwithstanding Section 1250.370 of the Code of Civil Procedure:
(1) If the commission requires, pursuant to subdivision (a) of Section 25528, as a condition of certification of any site and related facility, that the applicant acquire development rights, that requirement conclusively establishes the matters referred to in Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any eminent domain proceeding brought by the applicant to acquire the development rights.
(2) If the commission certifies any site and related facility, that certification conclusively establishes the matters referred to in Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any eminent domain proceeding brought to acquire the site and related facility.
(e) No decision of the commission pursuant to Section 25516, 25522, or 25523 shall be found to mandate a specific supply plan for any utility as prohibited by Section 25323.
(Amended by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 8. Effective May 22, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 6 - Power Facility and Site Certification › Section 25532.

25532. The commission shall establish a monitoring system to assure that any facility certified under this division is constructed and is operating in compliance with air and water quality, public health and safety, and other applicable regulations, guidelines, and conditions adopted or established by the commission or specified in the written decision on the application. In designing and operating the monitoring system, the commission shall seek the cooperation and assistance of the State Air Resources Board, the State Water Resources Control Board, the Department of Health, and other state, regional, and local agencies which have an interest in environmental control.
(Added by Stats. 1974, Ch. 276.)