5 CCS: Deficient removal of debris built up on gravel bags. 7 $3,500 6 CCS: Deficient cover for inactive slopes. 63 $58,000 7 PS-42 Rock Staging Area (PS-42 RSA): Deficient maintenance of silt fencing. 49 $44,000 8 PS-42 RSA: Deficient maintenance of cover over stockpile. 28 $23,000 9 PS-42 RSA: Deficient cover for inactive stockpile. 35 $30,000 10 PS-42 Fill Site: Deficient repair of erosion and deficient maintenance of straw wattles. 49 $44,000 11 PS-42 Staging Area: Deficient cover for stockpiles and deficient straw wattles around stockpiles. 7 $3,500 12 PS-42 Staging Area: Deficient repair of erosion. 14 $9,000 13 Management and crew-shift buildings: Deficient cover for inactive slopes. 42 $37,000 14 P-32 Fill Site: Deficient silt fence and cover. 84 $79,000 15 P-32 Fill Site: Deficient cover for inactive slopes. 28 $23,000 16 P-32 Fill Site: Deficient fiber roles along dirt/vegetation boundary. 35 $30,000 17 P-32 Fill Site: Deficient repair of berm to prevent discharge. 21 $16,000 18 Natural Substation (NS): Deficient cover for inactive slope and deficient placement of fiber rolls in trench. 42 $37,000 19 NS: Deficient trench fiber rolls. 42 $37,000 20 NS: Deficient repair of retention basin berm and fiber rolls. 14 $9,000
On December 27, 2016, CPED filed the compliance document required by Resolution ALJ-299. This document contained a complete copy of Citation No. E455001, including all attachments. On December 29, 2016, the Chief Administrative Law Judge served notice that K.16-12-006 was assigned to Administrative Law Judge (ALJ) Kenney. On January 6, 2017, the assigned ALJ issued a ruling that: Set an Appeal Hearing for January 30 and 31, 2017. Directed CPED to file and serve a document by January 27, 2017, that contained specified information for each alleged violation. Directed CPED and SCG to file and serve a joint case management plan by January 29, 2017. On January 20, 2017, the assigned ALJ issued a ruling pursuant to Resolution E4550, at Section 2.7.3, that granted CPED and SCG’s joint request for a continuance for the purpose of negotiating a settlement agreement. On January 25, 2017, the assigned ALJ issued a ruling that: Set an Appeal Hearing for March 16 and 17, 2017. Directed CPED to file and serve a document by March 9, 2017, that contained specified information for each alleged violation. Directed CPED and SCG to file and serve a joint case management plan by March 14, 2017. On March 8, 2017, the assigned ALJ held a telephonic conference with CPED and SCG at their request. During the conference, CPED and SCG stated that they had reached a settlement agreement in principle. In light of the impending settlement, CPED and SCG requested that the Appeal Hearing be taken off calendar and that the requirement to file and serve the documents identified in prior ALJ rulings be rescinded. Following the telephonic conference with CPED and SCG, the assigned ALJ issued a ruling on March 8, 2017, that (1) canceled the Appeal Hearing and the filings required by prior rulings; (2) directed CPED and SCG to file and serve a motion for adoption of a settlement agreement by March 24, 2017; and (3) set a submission date of no later than April 3, 2017. On March 24, 2017, CPED and SCG filed and served a joint motion for the adoption of a Settlement Agreement pursuant to Rule 12.1(a) of the Commission’s Rules of Practice and Procedure (Rule). A copy of the Settlement
SAFETY The Commission held in Resolution E-4550, at page 5, that “it is important that [CEQA] violations be addressed immediately so that utility personnel and subcontractors will prevent violations on their project and prevent environmental harm and improve public safety.” Today’s Resolution, by approving the Settlement Agreement that resolves Citation No. E-4550-01, is consistent with the Commission’s objective of preventing environmental harm and improving public safety. COMMENTS The draft resolution was served on the parties for public review and comment in accordance with ALJ Util. Code § 311(g)(1), Article 14 of the Commission’s Rules of Practice and Procedure, and Section 12 of Resolution ALJ-299. There were no comments on the draft resolution. ASSIGNMENT OF PROCEEDING Timothy Kenney is the assigned Administrative Law Judge for K.16-12-006. FINDINGS The Settlement Agreement filed jointly by CPED and SCG resolves all claims, allegations, disputes, and disagreements between CPED and SCG related to Citation No. E-4550-01. The Settlement Agreement is reasonable in light of the whole record, consistent with the law, and in the public interest. The Settlement Agreement should be approved. CPED and SCG are the only parties in this proceeding. There is no need for CPED and SCG to hold a settlement conference pursuant to Rule 12.1(b). THEREFORE, IT IS ORDERED that: The Joint Settlement Agreement Between the Consumer Protection and Enforcement Division and Southern California Gas Company is approved. A copy of the approved Settlement Agreement is contained in Appendix A of today’s Resolution. Within thirty (30) days from the effective date of this Order, stated below, Southern California Gas Company (SCG) shall remit a check or money order for Two Hundred and Fifty Thousand dollars ($250,000) to the Commission’s