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 1741 - Application Proceeding; Purpose and Objectives

Universal Citation: 20 CA Code of Regs 1741

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The purpose of an application proceeding is to ensure that any sites and related facilities certified provide a reliable supply of electrical energy at a level consistent with the need for such energy, and in a manner consistent with public health and safety, promotion of the general welfare, and protection of environmental quality.

(b) The application proceeding shall be conducted in order to accomplish all of the following objectives:

(1) To ensure that the applicant incorporates into the project all measures that can be shown to be feasible, reasonably necessary, and available to substantially lessen or avoid the project's significant adverse environmental effects, and to ensure that any facility which may cause a significant adverse environmental effect is certified only if the benefits of such facility outweigh its unavoidable adverse effects.

(2) To ensure that the applicant takes all measures that can be shown to be feasible, reasonably necessary, and available to comply with applicable governmental laws and standards; to ensure that any facility certified complies with applicable federal law; and to ensure that any facility which fails to comply with an applicable local or state law or standard is certified only if such facility is required for public convenience and necessity and there are not more prudent and feasible means of achieving such convenience and necessity.

(3) To ensure safe and reliable operation of the facility.

1. New article 3 (sections 1741-1768, not consecutive) filed 9-17-79; effective thirtieth day thereafter (Register 79, No. 38).
2. Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 3).
3. Amendment of subsections (b)(2) and (b)(4) filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
4. Repealer of subsection (b)(1), subsection renumbering, and amendment of NOTE filed 3-8-2002; operative 4-7-2002 (Register 2002, No. 10).

Note: Authority cited: Sections 25218(e) and 25541.5, Public Resources Code. Reference: Sections 21081, 25523 and 25525, Public Resources Code; and 14 California Code of Regulations, Sections 15091 and 15093.

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