California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 2 - Rules of Practice and Procedure › Article 2 - General Provisions Applicable to All Commission Proceedings › Section 1201 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply unless otherwise
					 indicated:
(a) "Acceptance" means a
				  determination by the commission, pursuant to Public Resources Code, sections
				  25516.6,
				  25522,
				  or
				  25540.1,
				  that a notice of intention or application for certification is
				  complete.
(b) "Adjudicative
				  Proceeding" means an evidentiary process for determination of facts pursuant to
				  which the commission makes findings and issues a decision.
(c) "Areas of critical concern" means special
				  or unique habitats or biological communities that need protection from
				  potential adverse effects resulting from project development and which may be
				  identified by local, state, or federal agencies with resource responsibility
				  within the project area, or by educational institutions, museums, biological
				  societies, or special interest groups with specific knowledge of resources
				  within the project area. This category includes, but is not limited to,
				  wildlife refuges, wetlands, thermal springs, endangered species habitats, and
				  areas recognized by the California Natural Area Coordinating Council and the
				  Governor's Office of Planning and Research.
(d) "CEQA" means the California Environmental
				  Quality Act of 1970 commencing with Section
				  21000
				  of the Public Resources Code.
(e)
				  "Comment" means any oral or written statement made by any person, not under
				  oath, in any proceeding before the commission.
(f) "Docket Unit" means the office of the
				  commission that receives, distributes, serves and stores all filed
				  documents.
(g) "Environmental
				  documents" means draft environmental impact reports (draft EIR), final
				  environmental impact reports (final EIR), initial studies, negative
				  declarations, notices of preparation, notices of determination, notices of
				  exemption and statements of findings and overriding considerations, and the
				  documentation prepared by the commission or its staff for a certified
				  regulatory program in compliance with Section
				  21080.5
				  of the Public Resources Code.
(h)
				  "Feasible" means capable of being accomplished in a successful manner within a
				  reasonable period of time, taking into account economic, environmental, legal,
				  social, and technological factors.
(i) "Hearing officer" means any person
				  designated pursuant to Section
				  1205 of these regulations to
				  assist the presiding member in conducting a proceeding.
(j) "Intervenor" means any person who has
				  been granted leave to intervene in an adjudicative proceeding, pursuant to
				  these regulations.
(k) "Local
				  agency" means any local or regional governmental authority within the state,
				  including but not limited to, any city, county, air pollution control or air
				  quality management district.
(l)
				  "MCE" means Maximum Credible Earthquake as defined by the United States
				  Geological Survey.
(m) "MPE" means
				  Maximum Probable Earthquake as defined by the United States Geological
				  Survey.
(n) "Party", applicable
				  only in adjudicative proceedings, means any applicant, respondent, or
				  intervenor, and depending on its role in the proceeding, the staff of the
				  commission.
(o) "Performance
				  criteria" means performance goals for which the applicant proposes to design
				  the facilities.
(p) "Presiding
				  member" means the chair of the commission or any member of the commission
				  designated to preside over any proceeding.
(q) "Related facility" means a thermal
				  powerplant, electric transmission line, or any equipment, structure, or
				  accessory dedicated to and essential to the operation of the thermal powerplant
				  or electric transmission line. These facilities include, but are not limited
				  to, transmission and fuel lines up to the first point of interconnection, water
				  intake and discharge structures and equipment, access roads, storage sites,
				  switchyards, and waste disposal sites. Exploratory, development, and production
				  wells, resource conveyance lines, and other related equipment used in
				  conjunction with a geothermal exploratory project or geothermal field
				  development project, and, absent unusual and compelling circumstances, the
				  thermal host of a cogeneration facility, are not related facilities.
(r) "Respondent" means any person named in a
				  complaint, pursuant to Section
				  1233 of these regulations, and
				  alleged to be in violation of any regulation, order, decision, or statute
				  adopted, administered, or enforced by the commission.
(s) "Service list" means a list, created for
				  each adjudicative proceeding, that includes all parties, all interested
				  agencies, the presiding member, associate member, the hearing officer, the
				  relevant staff of the commission (if not already a party) and other persons as
				  deemed necessary by the presiding member.
(t) "Species of special concern" means
				  candidate rare, threatened, or endangered species that may need protection from
				  potential adverse effects resulting from project development and which may be
				  identified by local, state, or federal agencies with resource responsibility
				  within the project area or by educational institutions, museums, biological
				  societies, and special interest groups with specific knowledge of resources
				  within the project area. In addition to species designated pursuant to state or
				  federal law, this category includes, but is not limited to, those rare and
				  endangered plant species recognized by the Smithsonian Institution or the
				  California Native Plant Society.
(u) "Staff" means the staff of the
				  commission.
(v) "Testimony" means
				  any oral or written statement made under oath in any proceeding before the
				  commission.
(w) "Witness" means any
				  person who offers testimony in any proceeding before the commission.
1. Amendment
					 filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 3).
2. Amendment of subsection (h) filed
					 3-28-2007; operative 3-28-2007 pursuant to Government Code section
					 11343.4
					 (Register 2007, No. 13).
3. Amendment of section and NOTE filed
					 12-21-2015; operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
4. Repealer of subsection (c), subsection
					 relettering and amendment of NOTE filed 12-5-2018; operative 1-1-2019 pursuant
					 to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 49).
Note: Authority cited: Sections
						25213,
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						21061.1,
						25214,
						25502,
						25519,
						25540,
						25540.1,
						25540.2
						and
						25541.5,
						Public Resources Code.