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 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1882 - Post Certification Project Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon project certification, any change to
				  the design, operation, or performance requirements of the project shall be
				  approved by staff if staff finds the proposed project change does not require
				  the preparation of a subsequent or supplemental environmental impact report as
				  set forth in Title 14, California Code of Regulations, sections
				  15162 and
				  15163. In the alternative, staff
				  may submit a proposed change that would otherwise qualify for staff approval to
				  the commission for consideration at a public meeting held under section
				  1101 of title 20.
(b) A project owner seeking a change to the
				  design, operation, or performance shall file a petition containing the payment
				  required under Public Resources Code section
				  25806(e)
				  and a complete description of the proposed change and whether any of the
				  conditions requiring a subsequent or supplemental environmental impact report
				  set forth in Title 14, California Code of Regulations sections
				  15162 and
				  15163 are met. The petition shall
				  also include a discussion of how the project as changed would continue to
				  comply with the requirements of Public Resources Code sections
				  25545.3.3,
				  25545.3.5,
				  25545.9,
				  and
				  25545.10,
				  and a list of current assessor's parcel numbers and owners' names and addresses
				  for all parcels within 500 feet of any affected project linears and 1000 feet
				  of the project site.
(c) Within 30
				  days of receiving a completed petition and the applicable fee, staff shall file
				  a summary describing the content of the petition and shall include a
				  description of the commission's procedures concerning review and consideration
				  of the petition. As soon as practicable after filing the summary, staff shall
				  provide a copy to each property owner described in subdivision (b) with
				  instructions on how to receive future filings.
(d) If staff finds a subsequent or
				  supplemental environmental impact report is not required, staff shall file a
				  statement to that effect and approve the project change. Any person may file an
				  objection to a staff's approval of the project change within 14 days of the
				  filing of staff's statement. Any such objection must make a showing supported
				  by facts that the change requires the preparation of a subsequent or
				  supplemental environmental impact report as set forth in Title 14, California
				  Code of Regulations, sections
				  15162 and
				  15163. Speculation, argument,
				  conjecture, and unsupported conclusions or opinions are not sufficient to
				  support an objection to staff approval.
(e) If staff finds a subsequent or
				  supplemental environmental impact report is required, or if a person files an
				  objection that complies with subdivision (d), the subsequent or supplemental
				  environmental impact report and the petition shall be submitted to the
				  commission for consideration at a public meeting held under section
				  1101. The commission shall issue
				  an order approving, rejecting, or modifying the petition.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545,
						25545.3.3,
						25545.3.5,
						25545.9,
						25545.10,
						25545.11 and
						25806 Public Resources
						Code.