New Green Transmission Lines   The Local Government Perspective   California League Of Cities Annual Meeting   September 16, 2010
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New Green Transmission Lines The Local Government Perspective California League Of Cities Annual Meeting September 16, 2010

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  • Source : http://www.nrel.gov/csp/images/3pct_csp_ca.jpg
  • TRTP Final EIR
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New Green Transmission Lines   The Local Government Perspective   California League Of Cities Annual Meeting   September 16, 2010 New Green Transmission Lines The Local Government Perspective California League Of Cities Annual Meeting September 16, 2010 Presentation Transcript

    • New “Green” Transmission Lines - the Local Government Perspective
    • League of California Cities
    • 2010 Annual Conference and Expo
    • San Diego, California
    • September 16, 2010
    • Alan Waltner
    • Steven Weissman
    • Michael Day
  • Introduction to Panel
    • Steven Weissman, Director, Energy and Clean Tech Program, Center for Law, Energy and the Environment, UC Berkeley (former CPUC administrative law judge – Sunrise Powerlink Project)
    • Michael Day, Partner, Goodin, MacBride, Squeri, Day & Lamprey LLP, counsel for City of Chino Hills, Tehachapi Renewable Transmission Project
  • The Problem
    • New and expanded powerlines are going to be needed to bring renewable energy from solar, wind, geothermal and other renewable sources to market
    • Cities are largely preempted from regulating powerlines directly
    • Opportunities for participation are limited and challenging
  • The Impetus Behind Renewable Energy Development
    • Public interest and concern over climate change
    • AB 32 (Global Warming Solutions Act of 2006)
    • Renewable Portfolio Standards – 20% by 2010 and 33% by 2020
    • Federal Incentives – DOI Secretarial Orders and ARRA (stimulus bill) Incentives
    • State Executive Orders
    • Memoranda of Understanding
    • State “Heat-Rate” Legislation (no new purchases of electricity produced from coal)
  •  
  •  
  • Existing Transmission and the Solar Resource
  • New lines need to go somewhere
  • “ Not in my backyard”
  • Ongoing, Recent and Potential Transmission Planning Processes
    • Renewable Energy Transmission Initiative (RETI)
    • California Public Utilities Commission (CPUC) Long Term Procurement Plan (LTPP)
    • California Transmission Planning Group (CTPG)
    • California Independent System Operator (CAISO)
    • Bureau of Land Management (BLM) Westwide Corridors Programmatic Environmental Impact Statement
    • California Energy Commission (CEC) “SB 1059” Corridor Designation Process
    • All are complex and time consuming to follow
    • By the time a project proposal reaches your city, it will have considerable momentum
  • Major Transmission Projects in the Pipeline
    • Sunrise Powerlink
    • Tehachapi Renewable Transmission Project
    • Devers-Palo Verde
    • Green Path North (cancelled)
  • Stages in the Transmission Line Development Process (IOUs)
    • Investor owned utility proposes a transmission line project
    • CAISO determines what is needed to add the project to the grid to maintain reliability criteria
    • Project sponsor seeks approval from CPUC
      • Environmental review is performed by the lead permitting agency under the California Environmental Quality Act (CEQA)
      • Consistency with previous plans (such as LTPP)
    • Litigation
    • Construction
    • (For municipal utilities, review and approval occurs in the same entity)
    • .
    Renewable Energy Genertor Substation Substation Transmission Towers and Lines Distribution (<50 kV) Small Electric Consumer Transmission 115, 230, 500 kV lines The CPUC Permits:
  • Local Regulation of IOU Lines is Preempted under the Public Utilities Code and CPUC General Order 131-D
  • The CPUC is to “Consider” the Following Under PUC 1002 and General Order 131-D
    • Community values
    • Recreational and park areas
    • Historical and aesthetic values
    • Influence on environment
    • Also, as the “lead agency, the CPUC needs to evaluate environmental effects and alternatives under CEQA
  • A Different Set of Rules Applies to Transmission Lines Proposed by Municipally Owned Utilities
    • MOUs approve their own projects, and are not subject to CPUC review
    • CEQA review required
    • Special rules for consideration of local input under Government Code 53091, 53096 and 65402; Public Utilities Code 12808.5
  • Special Rules for MOUs
    • Local building ordinances do not apply (GC 53091(d))
    • Local zoning ordinances apply “to the location or construction of [transmission] facilities . . .if the zoning ordinances make provision for those facilities.” (GC 53091(e))
    • The MOU can override a local zoning ordinance by a 4/5 vote, after a public hearing, if it finds that “there is no feasible alternative to its proposal.” (GC 53096)
    • The determination is made in connection with approval of the project’s EIR by the MOU
    • That determination is subject to judicial review based on the substantial evidence standard
  • Special Rules for MOUs (con’t)
    • Similar approach for general plan consistency
    • The local agency makes a determination regarding general plan consistency (GC 65402)
    • The MOU can override the local determination for lines100KV or larger, after a hearing and based on a 4/5 vote with an “infeasibility&quot; finding (PUC 12808.5), subject to judicial review
  • Federal Preemption of Transmission Line Siting
    • Local regulation is preempted on federal lands
    • The federal Bureau of Land Management has established “Section 368” corridors on federal lands
    • Under Federal Power Act Section 216, the Federal Energy Regulatory Commission can preempt state and local regulation of transmission lines in “National Interest Electric Transmission Corridors” (broadly designated) if the state PUC withholds approval for more than one year or excessively conditions the project
  •  
  • FERC’s Section 216 “Corridor”
  • Summary of Local Opportunities for Participation
    • California Public Utilities Commission “Certificate of Public Convenience and Necessity” Process for Projects by Investor Owned Utilities
    • Municipally Owned Utility Processes
    • Potential Exercise of Property Rights over the Right of Way
    • California Environmental Quality Act
    • Political and Public Relations Approaches
  • Panelists
    • Steven Weissman, Director, Energy and Clean Tech Program, Center for Law, Energy and the Environment, UC Berkeley (former CPUC administrative law judge – Sunrise Powerlink Project)
    • Michael Day, Partner, Goodin, MacBride, Squeri, Day & Lamprey LLP, counsel for City of Chino Hills, Tehachapi Renewable Transmission Project
  • Contact Information Alan Waltner Law Offices of Alan Waltner 779 Dolores Street San Francisco, CA 94110 [email_address] 415-641-4641 www.waltnerlaw.com