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 › Appendix A - Information Requirements for a Nongeothermal Notice of Intention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In a section entitled "Project Description," the notice
				  shall contain:
(1) A brief, summary description of the alternative site and
				  related facility proposals, including the general location of each site or
				  potential transmission corridor; the type, size, and capacity of the generating
				  or transmission facilities; fuel, water supply, pollution control systems and
				  other general characteristics. The description shall indicate precisely what
				  sites and related facilities the applicant proposes to have approved by the
				  commission.
(2) A proposed time schedule outlining the applicant's
				  estimates for obtaining regulatory approvals, starting and completing
				  construction, initial start up, and full-scale operation of the proposed
				  facilities.
(b) In a section entitled "Need for Facilities," the notice
				  shall contain:
(1) A summary description outlining the reasons why the
				  applicant believes that new or additional facilities should be added to the
				  applicant's electrical system, indicating whether the facilities are being
				  proposed to meet projected capacity or energy deficits, to displace existing
				  units scheduled for retirement, to meet requirements for additional reserves,
				  or other justification for proposing new or additional capacity.
(2) A table showing the expected capacity and energy levels,
				  adopted by the commission pursuant to Section
				  25309
				  of the Public Resources Code, for the general period in which the facilities
				  are proposed. Where appropriate, include a table of, and explanation for, any
				  adjustments to the adopted capacity and energy levels which are necessary to
				  derive the applicant's service area requirements.
(3) A discussion indicating the amount or percentage of
				  reserve capacity which the applicant believes is appropriate, including a
				  description of the controlling criterion for determining the reserve margin, a
				  discussion of why the applicant believes the indicated reserve margin is
				  appropriate, and a discussion of how the indicated margin was derived.
(4) A table and summary description of the generating
				  resources and electricity supplies which are likely to be available to the
				  applicant's service area in the general time period proposed for initial
				  operation of the facilities, including an explicit identification of transfer
				  capabilities from outside the service area, and a summary of facilities
				  operated or proposed by the applicant or by other entities within the service
				  area.
(5) A discussion identifying and explaining any major
				  uncertainties, such as delays in the construction or licensing of major planned
				  resources or uncertainty with respect to contractual arrangements for transfer
				  capabilities, which may affect the need for the proposed facilities.
(6) Tables showing the capacity and energy balances,
				  projected deficits or excesses, and resulting reserve margins which reflect the
				  applicant's expectations for electricity supply and demand within the general
				  period for which the facilities are proposed.
(7) If the need is based in whole or in part on the proposed
				  retirement or displacement of existing facilities, a discussion identifying
				  such facilities and briefly explaining the reasons for their proposed
				  retirement or displacement.
(8) If the need is based on factors other than projected
				  capacity or energy deficits (taking into account reserve requirements), a
				  discussion of the basis for the need and its conformance with the forecast
				  assessment and any other criteria for determining need adopted in the most
				  recent biennial report. If the need is based upon contingency planning, an
				  explicit discussion of the nature and impact of the possible contingencies and
				  their likelihood, an indication of when it may be determined whether the
				  contingencies will or will not occur, and a schedule showing the earliest (or
				  latest, if appropriate) date on which the proposed facilities should be
				  operating given the possible contingencies.
(c) In a section entitled "Selection of Facilities," the
				  notice shall contain:
(1) A discussion of the reasons why the principal generating
				  technology was chosen from among those technologies most recently determined as
				  commercially available by the commission pursuant to Public Resources Code
				  Section
				  25309(j).
				  Indicate the effect, if any, of the following factors on the selection of the
				  facility type: comparative economics, comparative reliability, comparative
				  health and safety aspects or environmental impacts, availability of appropriate
				  sizes, comparative operating flexibility, lead time for approval and
				  construction, and any other factor considered important by the applicant in
				  making the selection.
(2) A discussion of the reasons for selecting the size of the
				  facilities proposed in the notice. Indicate the effect, if any, of the
				  following factors on the selection of facility size: need for capacity or
				  energy; comparative reliability of different sizes, overall impact on system
				  reliability, or reserve requirements of different sizes; comparative safety of
				  different sizes; economies or diseconomies of scale associated with different
				  sizes; commercial availability of different sizes; and other factors considered
				  important by the applicant in the selection.
(3) A summary description of the preliminary design of the
				  proposed facilities, specifically including the power generation, cooling,
				  pollution control, fuel handling, water supply and treatment, safety,
				  emergency, and auxiliary systems; and a summary of the proposed methods of
				  construction and operation.
(d) In a section entitled "General Acceptability," the notice
				  shall contain:
(1) For any technology not previously found to be
				  commercially available as most recently determined by the commission pursuant
				  to Public Resources Code Section
				  25309(j),
				  a discussion of the reasons why the applicant expects the technology to be
				  available in the time period proposed for the facility.
(2) A discussion of the economic comparability of the
				  proposed facilities based on information available to the applicant on
				  comparative costs of commercially available generating technologies.
(3) A discussion of any significant unresolved technical,
				  environmental, or health and safety or other issues, affecting the ability to
				  use the proposed technologies at each of the sites, which have been identified
				  in the most recent biennial report, or which are otherwise known to the
				  applicant. The discussion should include or refer to any information which the
				  applicant believes is relevant to resolving the question or issues
				  identified.
(4) A summary discussion explaining (with reference to parts
				  (1) through (3) above) why the applicant believes the facilities proposed
				  should be found acceptable.
(e) In a section entitled "Transmission Needs," the notice
				  shall contain:
(1) A description in general terms of any new or additional
				  transmission facilities, powerlines, substations, switchyards, or other
				  transmission equipment, whether or not within the exclusive permit authority of
				  the commission, which the applicant believes will be required to carry
				  electrical power from the proposed power plant at each of the sites presented
				  in the notice to the principal load centers to be served by the new power
				  plant. The information should include all potential corridors under
				  consideration, approximate lengths of each corridor being considered, and a
				  summary of the preliminary estimates of the costs of lines, stations and other
				  equipment that are being considered.
(2) A discussion of the analyses, load-flow studies, or other
				  considerations which the applicant believes justify the need for the additional
				  transmission equipment under consideration, the relative merits of the
				  alternative principal points of junction with the existing transmission system
				  being considered, and the relative merits of the alternative capacity or
				  voltage levels being considered for the proposed power lines.
(3) A discussion of the extent to which the consideration of
				  alternative corridors or proposed capacity and voltage levels has taken or will
				  take into account the future transmission needs created by additional
				  generating facilities planned by the applicant or any other entity proposing
				  generating facilities in the same general area.
(4) A discussion summarizing the principal advantages and
				  disadvantages to the environment of each of the alternative transmission
				  proposals under consideration by the applicant. The discussion shall extend
				  only to the functional point of delivery of the power to the interconnected
				  system, and should include an identification of areas in the vicinity of the
				  proposed corridors where important social, aesthetic, historical, or
				  recreational resources, or scarce, unique, or specially protected resources
				  (including archaeological sites, endangered species, unique recreational areas,
				  and protected biological areas) may be adversely affected. The discussion
				  should indicate the measures being considered by the applicant to avoid or
				  mitigate the principal adverse effects identified in the discussion.
(f) In a section entitled "Safety and Reliability," the
				  notice shall contain:
(1) A preliminary description of any fuels, emissions (except
				  for air quality emissions), wastes, or other toxic or hazardous substances
				  associated with the proposed facility which may have an effect on safety and
				  reliability; a discussion of the principal adverse effects of such substances
				  on safety and reliability; and a discussion of the measures proposed or being
				  considered by the applicant to ensure the safe handling, control, storage,
				  removal, or disposal of such substances.
(2) A discussion of the likelihood that the measures
				  described in part (1) will be able to comply with existing health and safety
				  standards.
(3) A report which describes the seismic, other natural
				  hazards, and man-made hazards associated with each of the proposed sites,
				  discusses the degree to which such hazards could cause secondary hazards at the
				  proposed facilities (e.g., fuel spills, structural collapse, increased
				  emissions including radiological, explosions, etc.) and discusses the
				  alternative levels of design being considered to safeguard safe and reliable
				  operation in light of such hazards. The report should describe special design
				  features being considered to protect against seismic and other potential
				  natural hazards and indicate the relative degrees of safety from such hazards
				  that can be achieved by the design features being considered.
(4) A description of the principal emergency systems and
				  safety precautions proposed or being considered by the applicant, and a
				  discussion of the nature of the hazards for which the systems or precautions
				  are provided. The description need not duplicate the discussion of special
				  design features in part (3) or measures discussed in other parts.
(5) If a nuclear power plant is proposed:
(A) A description of the methods proposed or being considered
				  to prevent illegal diversion of nuclear fuels and waste, and to control density
				  of population in areas surrounding each proposed site.
(B) A description of the facilities upon which the applicant
				  proposes to rely for reprocessing or storage of spent nuclear fuel rods from
				  the nuclear reactor. This description shall include an estimate of the volume
				  of spent fuel generated by the reactor over its design life, the particular
				  technology likely to be utilized for such storage or reprocessing, the
				  anticipated on- or off-site facilities to be utilized, the date on which those
				  facilities have been or are likely to be licensed and in operation, and the
				  anticipated means of transporting and storing the spent fuel rods after removal
				  from the reactor.
(C) A description of the emergency response capabilities that
				  would be required of local communities surrounding each of the proposed sites
				  in order to comply with any provisions of federal or state law in the event of
				  an accidental release of radioactivity from the facilities.
(6) A description of the principal adverse effects on safety
				  and reliability associated with other aspects of the fuel cycle, and which are
				  directly traceable to the proposed facilities.
(g) In a section entitled "System Reliability," the notice
				  shall contain:
(1) A discussion indicating the degree of reliability which
				  the applicant believes the proposed facilities are capable of achieving. The
				  discussion should include an estimate of the expected annual capacity factor
				  for the initial operating years of the facilities and an estimate of the
				  average annual capacity factor over the expected life of the facilities.
				  Estimated capacity factors may be supported by information on forced outage
				  rates and capacity factors actually experienced by comparable facilities
				  elsewhere (if any) or by a discussion of other factors which support the
				  applicant's expectations on reliability where data from actual operating
				  experience of comparable facilities is not readily available. For purposes of
				  this subsection, "comparable facilities" means facilities whose principal
				  generating technology and fuel type, generating capacity, and mode of operation
				  is similar to those of the proposed facilities. The discussion should indicate
				  the basis for reliability expectations for any new or innovative pollution
				  control, cooling water or other principal systems, even where the reliability
				  of the principal generating technology is considered proven, and should
				  identify any major uncertainties or unproven aspects of such new or innovative
				  systems.
(2) An assessment of the long-term availability of the fuel
				  or fuels proposed for the facilities, at prices consistent with those assumed
				  in subsection (h), and a discussion of the principal uncertainties in providing
				  assurance of a reliable supply of fuel over the expected operating life of the
				  facility. If the facilities are capable of using multiple fuels, the extent of
				  such fuel flexibility should be discussed, along with its impact on long-term
				  reliability. The applicant may discuss the relative merits, costs, and
				  difficulties in initially designing the facility to accept multiple fuels
				  versus modifying the facility for such purposes at a later time.
(3) A discussion of the probable effect of the proposed
				  facilities, including transmission facilities, on the overall reliability of
				  the applicant's service system. The discussion should indicate the effect of
				  the alternative plant sizes or transmission voltage levels being considered on
				  the applicant's determination of "loss of load probability," "largest
				  contingency," or any other reliability criterion or determinant of needed
				  reserve margins.
(h) In a section entitled "Financial Impacts," the notice
				  shall contain:
(1) A discussion of the financial requirements for
				  constructing and operating the proposed facilities, and a table summarizing
				  capital requirements and operating expenses, and their principal components.
				  The discussion should indicate and explain the basis for any assumed escalation
				  rates and costs of capital, fuel, or other principal components. Significant
				  cost differences between alternative sites and facilities should be
				  identified.
(2) A summary of the cost of the installed generating
				  capacity (expressed in $/KW) and of the cost of supplying energy at the busbar
				  (expressed in ¢H /Kwhr.); a list of principal cost components, an
				  explanation of the source or derivation of each, and the calculations used to
				  arrive at the summary costs above; a discussion of any major uncertainties in
				  the cost figures used or assumptions relied upon.
(3) A discussion of proposed methods for financing the
				  proposal.
(i) In a section entitled "Proposed Sites," the notice shall
				  contain:
(1) The location of each site and related facility proposed
				  in the notice on a location map and described by sections, range, township, and
				  county. The map should also indicate the various transmission corridors under
				  consideration by the applicant and the location of other transmission
				  facilities and equipment being considered and identified pursuant to subsection
				  (e)(1).
(2) Photographic representations adequately depicting the
				  visual appearance of each power plant site and its immediate
				  surroundings.
(3) A brief description of the applicant's legal interest in
				  each power plant site proposed.
(4) A description, including artists drawings, of the
				  proposed location of facilities and structures on each site.
(j) In a section entitled "Site Suitability," the notice
				  shall contain (separate sections may be submitted for each alternative site
				  proposed):
(1) A brief description of the environmental setting for each
				  site, a summary discussion of the general suitability of each alternative site
				  to accommodate the facilities proposed in the notice, and a summary of the
				  principal environmental, economic, and technological advantages and
				  disadvantages of each alternative site.
(2) A preliminary statement of the principal environmental
				  impacts of the proposed facilities at each site on areas of special
				  environmental concern, including, but not limited to areas prohibited as power
				  plant sites pursuant to Section
				  25527
				  of the Public Resources Code, areas designated by the Coastal Commission or
				  BCDC or within their jurisdiction, areas identified for potential wilderness
				  designation or other protective designation, and agricultural areas; and a
				  preliminary statement of the principal environmental impacts on biological
				  resources, including especially rare and endangered species, livestock, and
				  crops.
(3) A preliminary statement of the principal environmental
				  impacts on human health which may result from air and water pollutants
				  discharged from the facility, toxic and other hazardous materials stored or
				  used at the site, wastes created by the facility, or any other substance
				  associated with the facility. The statement shall include all regulated
				  pollutants and substances; for nonregulated pollutants and substances, the
				  statement shall include a summary of any findings and conclusions made by the
				  commission in any generic assessment of the health effects of such
				  substances.
(4) A preliminary discussion of the principal impacts on
				  human resources, including major impacts on aesthetic, historical, cultural,
				  archaeological, and recreational resources.
(5) A discussion of the principal social and economic impacts
				  of constructing and operating the facilities at each site on the surrounding
				  communities. The discussion should include anticipated impacts on public
				  institutions such as schools, and on public services, housing, employment and
				  other community resources during construction, and the impact on tax bases and
				  other community aspects after construction.
(6) A preliminary discussion indicating the extent to which
				  various measures being considered by the applicant are likely to mitigate the
				  impacts identified under parts (2) through (5).
(7) A general discussion of the compatibility of the proposed
				  facilities with present and expected land uses at each site, including
				  conformity with any long-range land use plans adopted by any federal, state,
				  local, or regional planning agency. The discussion should identify the need, if
				  any, for variances at any of the sites, or any measures that would be necessary
				  to make the proposals conform with permitted land uses.
(8) A description of the principal and alternative (if any)
				  sources of water proposed or being considered by the applicant for power plant
				  cooling and other purposes; a description of the quality of water being
				  considered and a general description of any treatment processes which may be
				  necessary to make the water suitable for cooling or other uses at the site; a
				  description of total amounts of such water that will be required each year and
				  on any given day; a general description of any conveyance systems that will be
				  required to carry the water from its source to the site and return it to a
				  disposal or discharge area; the location and identity of any area being
				  considered for disposal or discharge of water from the site; and a description
				  of any treatment processes that may be necessary to make the water acceptable
				  for discharge or disposal. The applicant should also describe any other major
				  water facilities, including coolant outfalls, ponds, lakes, or towers, that may
				  be associated with the proposed facilities, and discuss the principal impacts,
				  if any, of these facilities on the physical and human environment.
(9) A land use map which indicates noise sensitive receptors
				  or groups of receptors in the vicinity of the proposed site and related
				  facilities, including anticipated receptors based on future land uses
				  identifiable from public documents at the time of submission.
(k) In a section entitled "Applicable Standards," the notice
				  shall contain:
(1) A list of federal, state, regional, and local agencies
				  and their standards, ordinances, or laws, including long-range land use plans
				  adopted by the state or by any local or regional planning agency, that are
				  applicable to each site and related facility, including those which would be
				  applicable but for the exclusive authority of the commission to certify sites
				  and related facilities. The list should include a brief description of the
				  applicability of such standards, ordinances, laws, or plans for each agency,
				  and citations for each.
(2) To the extent not discussed in previous sections,
				  discussion of the likelihood of the conformity of the proposed facilities with
				  remaining laws, regulations, ordinances and standards of particular importance
				  in assessing the acceptability of the sites and related facilities. Indicate
				  those areas for which conformity with applicable standards cannot be determined
				  at this time and provide a preliminary schedule for the resolution of such
				  remaining issues.
(
l
) In a section entitled "Air Quality," the
				  notice shall contain:
(1) A project description including typical fuel type and
				  characteristics (BTU content, maximum sulfur and ash content), design capacity,
				  proposed air emission control technologies, stack parameters (assumed height,
				  diameter, exhaust velocity and temperature) and operational characteristics
				  (heat rate, expected maximum annual and daily capacity factor). This
				  information may be based upon typical data for a facility of the proposed type
				  and design.
(2) A description of cooling systems, including approximate
				  drift rate, water flow and water quality (TDS content).
(3) A projection of facility-related emissions from the stack
				  and combustion system, from cooling towers and from associated fuel and other
				  material handling, delivery and storage systems to the extent that the
				  applicable new source review rule requires attributing these sources to the
				  proposed project. The emissions discussion should include a discussion of the
				  basis of the estimate, such as test results, manufacturers' estimates,
				  extrapolations and all assumptions made.
(4) A list of all applicable air quality rules, regulations,
				  standards and laws.
(5) A statement, including the reasons therefor, of what the
				  applicant considers best available control technology as defined in the
				  applicable district's new source review rule.
(6) Existing baseline air quality data for all regulated
				  pollutants affected by the proposed facility including concentrations of
				  pollutants, an extrapolation of that data to the proposed site, and a
				  comparison of the extrapolated data with all applicable ambient air quality
				  standards. This discussion should include a description of the source of the
				  data, the method used to derive the data and the basis for any extrapolations
				  made to the proposed site.
(7) Existing meteorological data including wind speed and
				  direction, ambient temperature, relative humidity, stability and mixing height,
				  and existing upper air data; and a discussion of the extent to which the data
				  are typical conditions at the proposed site. This description should include a
				  discussion of the source of the data and the method used to derive the
				  data.
(8) A worst case air quality analysis for each proposed site
				  and related facility to determine whether the plant may cause or contribute to
				  a violation of each applicable ambient air quality standard. Such analysis
				  shall include a description of the methodology employed and the basis for the
				  conclusions reached, and shall consider topography, meteorology and
				  contributions from other sources in the area.
(9) A discussion of the emission offset strategy or any other
				  method of complying with the applicable new source review rule. The emission
				  offset strategy shall be designed to show whether there are sufficient offsets
				  available (contracts are not required). Offset categories (e.g. dry cleaners,
				  degreasers) and an inventory of potential reductions may be used unless most of
				  the potential offsets come from a very small number of sources. In the latter
				  case, the offset sources should be more specifically identified. Potential
				  offsets may be aggregated by geographic location as appropriate under the
				  applicable rule. The offset discussion should also include a brief description
				  of the emissions controls to be used for each offset category and should
				  account for applicable rules requiring emission reductions. In the event there
				  is no emissions inventory available from the ARB or from the applicable local
				  district, the applicant may propose an alternative method for complying with
				  this requirement.
(10) Based upon worst case data for analysis for short-term
				  averaging times and typical data for analysis for annual averaging times,
				  discussion of whether the proposed facility will be within PSD Class I or Class
				  II increments.
(m) The notice shall designate an individual or individuals
				  authorized to receive pleadings, briefs, comments, and other documents for the
				  applicant.
(n) The notice may contain any other pertinent information
				  that the applicant desires to submit.
1. Amendment
				  of subsections (c)(1) and (c)(4) filed 1-11-83; designated effective 2-1-83
				  pursuant to Government Code section
				  11346.2(d)
				  (Register 83, No. 3).
2. Relocation of Appendix A filed 8-10-93;
				  operative 9-9-93 (Register 93, No. 33).
Note: Authority cited: Sections
					 25213
					 and
					 25502,
					 Public Resources Code. Reference: Sections
					 21080.5,
					 25309,
					 25502,
					 25504,
					 25511,
					 25514,
					 and
					 25541.5,
					 Public Resources Code.