Carstens
Carstens v. California Coastal Commission
Opinion
Opinion
Wiener, J.
August S. Carstens (Carstens) appeals the denial of his
petition for writ of mandate seeking judicial review of the California Coastal Commission’s (Commission) decision approving an amendment to a coastal development permit issued to Southern California Edison and San Diego Gas & Electric (SCE) in 1974 for construction of units 2 and 3 of the San Onofre Nuclear Generating Station (SONGS). The amendment modified conditions relating to beach access in conflict with safety measures required by the Nuclear Regulatory Commission (NRC). We affirm the judgment.
Factual and Procedural Background
In May 1964 the Department of the Navy granted a 60-year easement to SCE for use of the San Onofre site for construction and operation of a nuclear generating station. The seaward boundary of the federal government’s property and SCE’s easement is the mean high tide line. The SONGS site is bounded on the north and south by San Onofre State Beach, a portion of the Camp Pendleton reserve leased to the State of California for recreational purposes. Unit 1 of SONGS has been in operation since 1968.
After obtaining licenses from the United States Atomic Energy Commission for construction…