Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) At
the conclusion of the hearings under section
1747, the commission shall adopt a
final written decision in conformity with section
1212, which includes all of the
information specified by Public Resources Code section
25523.
(b) The decision shall not certify any site
and related facility unless the commission finds that:
(1) as necessary, land use is consistent with
Public Resources Code section
25528;
(2) if the powerplant will require
reprocessing of nuclear fuel rods or off-site storage of nuclear fuel rods in
order to provide continuous onsite fuel core reserve storage capacity:
facilities with adequate capacity to reprocess nuclear fuel rods or with
adequate capacity to store them, as applicable, have been approved by an
authorized agency of the United States, and are or will be in actual operation
at the time the powerplant requires such reprocessing or storage, as required
by Public Resources Code sections
25524.1
and
25524.2;
(3) with respect to sites in the locations
designated by the California Coastal Commission pursuant to Public Resources
Code section
30413(b),
or by the San Francisco Bay Conservation and Development Commission pursuant to
Government Code section
66645,
that the findings required by Public Resources Code section
25526
have been made by the appropriate commission;
(4) with respect to sites in the areas
specified in Public Resources Code section
25527,
that
(A) the facility will be consistent with
the primary land use of the area,
(B) there will be no substantial adverse
environmental effects, and
(C) the
approval of the public agency having ownership or control of the land has been
obtained;
(5) with
respect to a facility proposed to be located in the coastal zone or any other
area with regional, scenic, or historic value, as specified by Public Resources
Code section
25529,
a finding that an area will be established for public use, as determined by the
commission, and that the facility to be located along the coast or shoreline of
any major body of water will be set back from the shoreline to permit
reasonable public use and to protect scenic and aesthetic values;
(6) with respect to a facility which adds
generating capacity to a potential multiple-facility site in excess of the
maximum allowable capacity established by the commission pursuant to Public
Resources Code section
25516.5,
the findings required by Public Resources Code section
25524.5;
(7) if the site or facility does not comply
with an applicable state, local or regional laws, ordinances, regulations and
standards, a finding that the facility is required for public convenience and
necessity, and there are no more prudent and feasible means of achieving such
public convenience and necessity, as required by section
25525
of the Public Resources Code;
(8)
if the construction, operation, or shutdown and decommissioning of the
powerplant will cause a significant environmental impact, either (A) or (B):
(A)
(i)
with respect to matters within the authority of the commission, changes or
alterations have been required in, or incorporated into, the project that
mitigate or avoid the significant environmental effects; and
(ii) with respect to matters not within the
commission's authority but within the authority of another agency, changes or
alterations required to mitigate such effects have been adopted by such other
agency, or can and should be adopted by such other agency;
or
(B)
(i) specific economic, social, or other
considerations make infeasible all mitigation measures or project alternatives
that would mitigate or avoid the significant environmental effects;
and
(ii) the benefits of the
project outweigh the unavoidable significant adverse environmental effects that
may be caused by the construction and operation of the
facility.
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 subsection (d) and subsection
relettering filed 3-8-2002; operative 4-7-2002 (Register 2002, No.
10).
3. Renumbering of former section 1748 to new section
1745 and renumbering and amendment
of former section
1755 to new section 1748 filed
12-21-2015; operative 1-1-2016 pursuant to Government Code section
11343.4(b)(3)
(Register 2015, No. 52).
4. Amendment of section and 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
25218(e)
and
25541.5,
Public Resources Code. Reference: Sections
21080.1,
21081,
25216.3,
25523,
25525-
25527,
25529
and
25541.5,
Public Resources Code.
