Rule 118 Executive Order #01-06

Extended to December 31, 2001 

WHEREAS, District Rule 118 authorizes the Executive Officer to suspend all or part of any District rule for emergency activities in up to 10-day increments during a state of emergency declared by the Governor; and

WHEREAS, on January 17, 2001, the Governor proclaimed a State of Emergency resulting from the imminent threat of widespread and prolonged disruption of electrical power; and

WHEREAS, the Governor’s proclamation declared that a condition of extreme peril to the safety of persons and property within the state exists by virtue of the threat of disruption of electrical power, particularly disruption of power to emergency services, law enforcement, schools, and hospitals; and

WHEREAS, rapid availability of additional electric power from facilities in the South Coast Air Quality Management District is necessary to assure adequate power supplies to protect the safety of persons and property within the State of California; and

WHEREAS, on February 8, 2001, the Governor issued an Executive Order, D-22-01, which provides in pertinent part as follows:

IT IS FURTHER ORDERED that the Energy Commission shall expedite to the extent feasible the processing of applications for certification for existing thermal powerplants that require retooling and a current license to operate. In order to bring such thermal powerplants online as soon as possible, the Energy Commission is authorized to reduce the time in which to conduct a reasonable review of the application, consistent with the objectives of environmental protection and the protection of public health and safety.

IT IS FURTHER ORDERED that all local, regional, and state agencies involved in the licensing of proposed thermal powerplants in California shall work cooperatively and expeditiously with the Energy Commission and within its timeline to review all such Applications for Certification. All agencies shall diligently review such proposed license applications and provide timely comments to the Energy Commission as the Energy Commission requests, and

WHEREAS, the AES Huntington Beach Generating Station Units 3 and 4 Retool Project is one of the facilities referred to in the Governor’s Executive Order D-22-01, and the District has been working cooperatively and expeditiously with the Energy Commission to provide timely review of the project; and

WHEREAS, District Rules 212(d) and 1710(b)(3) require the applicant to distribute public notice of the proposed project, 30 days before the issuance of the permit, to each address within a ¼ mile radius of the project; and

WHEREAS, the project applicant for the Huntington Beach Units 3 and 4 Retool Project inadvertently failed to deliver public notice as required in a timely manner; and

WHEREAS, under the provisions of Rule 118(d)(1), I hereby determine and declare that strict compliance with District Rules 212(d) and 1710(b)(3), to the extent they require 30 days notice to each address within ¼ mile of the project, would delay or prevent critical actions necessary to construct the project to provide for emergency power generation; and

WHEREAS, public notice required by federal regulations or state laws has been provided for this project, notice has been given to additional interested parties, and the project is well-publicized in the area; and

WHEREAS, in order to provide the maximum compliance with Rules 212(d) and 1710(b)(3) that is consistent with the emergency situation, it is necessary to impose reasonable conditions requiring prompt distribution of notice;

NOW, THEREFORE, pursuant to the authority vested in me pursuant to District Rule 118(d)(1) I hereby suspend applicable sections of Rules 212(d) and 1710(b)(3), only to the extent they require delivery of notice of the Huntington Beach Units 3 and 4 Retool Project 30 days prior to issuing the permit, provided that:

  • the applicant or its agent delivers notice to all addresses within ¼ mile of the project by April 6, 2001; and 
  • the notice specifies that comments must be provided to the AQMD on or before April 16, 2001, but is otherwise in the form previously provided to the applicant. 
This order expires Monday, April 16, 2001, at noon, or when the State of Emergency declared by the Governor on January 17, 2001, ceases to exist, whichever is earlier.

Executed at Diamond Bar, California, on April 6, 2001.

____________________________________

Barry R. Wallerstein, D.Env.

Executive Officer