Cmtys. for a Better Env't v. State Energy Res. Conservation & Dev. Comm'n

Good Law
19 Cal. App. 5th 725·227 Cal. Rptr. 3d 486
Court of Appeal of CaliforniaDecember 22, 2017A141299California6,017 words

Opinion

lead Opinion

Kennedy, J.

*728 The State Energy Resources Conservation and Development Commission (Energy Commission) is the state agency exclusively empowered to license thermal power plants of over 50 megawatts capacity. ( Pub. Resources Code, §§ 25120, 25500, 25517 ; see County of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361 , 364-365, 220 Cal.Rptr. 114 , 708 P.2d 693 ( Sonoma ).) 1 Indeed, pursuant to section 25500, the Energy Commission possesses "the exclusive power to certify all sites and related facilities in the state, whether a new site and related facility or a change or addition to an existing facility" and "[t]he issuance of a certificate by the commission shall be in lieu of any permit, certificate, or similar document required by any state, local or regional agency, or federal agency to the extent permitted by federal law, for such use of the site and related facilities ...." Subdivision (a) of section 25531 provides *489 that Energy Commission decisions "on any application for certification of a site and related facility are subject to judicial review by the Supreme Court of California." Moreover, subdivision (b) of section 25531 circumscribes the scope of…

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