California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 3 - Procedures for Considering Applications for Certification › Section 1748 - Final Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  the conclusion of the hearings under section
				  1747, the commission shall adopt a
				  final written decision in conformity with section
				  1212, which includes all of the
				  information specified by Public Resources Code section
				  25523.
(b) The decision shall not certify any site
				  and related facility unless the commission finds that:
(1) as necessary, land use is consistent with
				  Public Resources Code section
				  25528;
(2) if the powerplant will require
				  reprocessing of nuclear fuel rods or off-site storage of nuclear fuel rods in
				  order to provide continuous onsite fuel core reserve storage capacity:
				  facilities with adequate capacity to reprocess nuclear fuel rods or with
				  adequate capacity to store them, as applicable, have been approved by an
				  authorized agency of the United States, and are or will be in actual operation
				  at the time the powerplant requires such reprocessing or storage, as required
				  by Public Resources Code sections
				  25524.1
				  and
				  25524.2;
(3) with respect to sites in the locations
				  designated by the California Coastal Commission pursuant to Public Resources
				  Code section
				  30413(b),
				  or by the San Francisco Bay Conservation and Development Commission pursuant to
				  Government Code section
				  66645,
				  that the findings required by Public Resources Code section
				  25526
				  have been made by the appropriate commission;
(4) with respect to sites in the areas
				  specified in Public Resources Code section
				  25527,
				  that
(A) the facility will be consistent with
				  the primary land use of the area,
(B) there will be no substantial adverse
				  environmental effects, and
(C) the
				  approval of the public agency having ownership or control of the land has been
				  obtained;
(5) with
				  respect to a facility proposed to be located in the coastal zone or any other
				  area with regional, scenic, or historic value, as specified by Public Resources
				  Code section
				  25529,
				  a finding that an area will be established for public use, as determined by the
				  commission, and that the facility to be located along the coast or shoreline of
				  any major body of water will be set back from the shoreline to permit
				  reasonable public use and to protect scenic and aesthetic values;
(6) with respect to a facility which adds
				  generating capacity to a potential multiple-facility site in excess of the
				  maximum allowable capacity established by the commission pursuant to Public
				  Resources Code section
				  25516.5,
				  the findings required by Public Resources Code section
				  25524.5;
(7) if the site or facility does not comply
				  with an applicable state, local or regional laws, ordinances, regulations and
				  standards, a finding that the facility is required for public convenience and
				  necessity, and there are no more prudent and feasible means of achieving such
				  public convenience and necessity, as required by section
				  25525
				  of the Public Resources Code;
(8)
				  if the construction, operation, or shutdown and decommissioning of the
				  powerplant will cause a significant environmental impact, either (A) or (B):
(A)
(i)
				  with respect to matters within the authority of the commission, changes or
				  alterations have been required in, or incorporated into, the project that
				  mitigate or avoid the significant environmental effects; and
(ii) with respect to matters not within the
				  commission's authority but within the authority of another agency, changes or
				  alterations required to mitigate such effects have been adopted by such other
				  agency, or can and should be adopted by such other agency;
				  or
(B)
(i) specific economic, social, or other
				  considerations make infeasible all mitigation measures or project alternatives
				  that would mitigate or avoid the significant environmental effects;
				  and
(ii) the benefits of the
				  project outweigh the unavoidable significant adverse environmental effects that
				  may be caused by the construction and operation of the
				  facility.