Department of Water & Power v. Energy Resources Conservation & Development Commission

California Energy Resources Conservation and Development Commission (Energy Commission) appeals from the judgment ordering the issuance of a peremptory writ of mandate commanding the Energy Commission to cease its exercise of certification jurisdiction over the Harbor Generating Station Repowering Project. We affirm the judgment.

Facts and Procedural Background

Respondent Department of Water and Power of the City of Los Angeles (DWP) owns the Harbor Generating Station (station). The station, which encompasses a 20-acre site in Wilmington, California, provides “voltage support, transmission support, southern system security and emergency support” for the DWP’s electrical system.

A. South Coast Air Quality Management District Rule 1135

The station, which was in existence before the Energy Commission’s creation, has not previously been subject to the commission’s certification jurisdiction. The present certification controversy arose when the DWP selected the station for a repowering project to comply with rule 1135 of the South Coast Air Quality Management District (SCAQMD).

Rule 1135, enacted in August 1989, applies to “all existing, electric power generating steam…