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 1745 - Evidentiary Hearings; Purposes; Burden of Proof; Schedule for Filing and Service of Evidence
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) No earlier than 90 days after the acceptance of the application, the presiding member may begin evidentiary hearings on the application.
(b) The hearings shall consider the topics listed in 1745.5.
(c) Except where otherwise provided by law, the applicant has the burden of producing evidence to support all findings and conclusions required for certification of the site and related facilities.
(d) The proponent of any additional condition, modification, or other provision relating to the manner in which the proposed facility should be designed, sited, and operated in order to protect environmental quality and ensure public health and safety shall have the burden of making a reasonable showing to support the need for and feasibility of the condition, modification, or provision. The presiding member may direct the applicant and/or staff to examine and present further evidence on the need for and feasibility of such modification or condition.
1. Amendment
filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section
11346.2(d)
(Register 83, No. 3).
2. Repealer of former section 1745 and
renumbering of former section
1748 to new section 1745,
including amendment of section heading and section, filed 12-21-2015; operative
1-1-2016 pursuant to Government Code section
11343.4(b)(3)
(Register 2015, No. 52).
Note: Authority cited: Sections 25218(e) and 25541.5, Public Resources Code. Reference: Sections 25216.5 and 25521, Public Resources Code.
