STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
MITIGATION MONITORING AND REPORTING PROGRAM
PACIFIC GAS AND ELECTRIC COMPANY APPLICATION NO. 00-05-035 TO ESTABLISH MARKET VALUE FOR AND SELL ITS RICHMOND-TO-PITTSBURG FUEL OIL PIPELINE AND HERCULES PUMP STATION
SAN PABLO BAY PIPELINE COMPANY APPLICATION NO. 00-12-008
TO OWN AND OPERATE THE RICHMOND-TO-PITTSBURG FUEL OIL PIPELINE AND HERCULES PUMP STATION AS A COMMON CARRIER
This document describes the mitigation monitoring program for ensuring the effective implementation of the mitigation measures required for the California Public Utilities Commission (CPUC) approval of the Pacific Gas and Electric Company (PG&E) and San Pablo Bay Pipeline Company (SPBPC) applications concerning the sale of Richmond-to-Pittsburg Fuel Oil Pipeline and Hercules Pump Station.
California Public Utilities Commission (CPUC)
The Public Utilities Code confers authority upon the CPUC to regulate the terms of service and safety, practices and equipment of utilities and common carriers subject to its jurisdiction. It is standard practice for the CPUC to require that mitigation measures stipulated as conditions of approval are properly implemented, monitored, and reported. Section 21081.6 of the Public Resources Code requires a public agency to adopt a reporting and monitoring program when it approves a Mitigated Negative Declaration.
The purpose of the reporting and monitoring program is to ensure that measures adopted to mitigate or avoid significant environmental impacts are implemented. The CPUC views the reporting and monitoring program as a working guide that will not only direct the implementation of mitigation measures by the project proponents, but also facilitate the monitoring, compliance and reporting activities of the CPUC and any monitors it may designate.
PG&E submitted an Application (No. 00-05-035) to the CPUC under Section 851 of the Public Utilities Code to sell its heated Richmond to Pittsburg Fuel Oil Pipeline to SPBPC, a subsidiary of Tosco Corporation. In a separate application (No. 00-12-008), SPBPC requested CPUC authority under Sections 216 and 228 to own and operate the Richmond-to-Pittsburg Fuel Oil Pipeline and Hercules Pump Station as a common carrier pipeline corporation. The proposed sale consists of the pipeline from its point of origin in Castro Street (adjacent to General Chemical's facility) in the City of Richmond, to the Pittsburg Power Plant, formerly owned by PG&E, located in the City of Pittsburg and includes the Hercules Pump Station, located in the City of Hercules.
Although PG&E ceased using the system for moving fuel oil to its Pittsburg Power Plant in 1982, the utility has maintained all permits and approvals and conducted all the maintenance and inspections needed for an operating system; some oil was moved through parts of the system as recently as 1991. A 4,000-foot segment of the pipeline was removed in 1998 to allow construction of a railway station in the City of Martinez. Under an agreement between PG&E and SPBPC, PG&E has secured the necessary rights of way for a 4,000-foot replacement section in Martinez, and SPBPC is responsible for obtaining the requisite permits and approvals and constructing the 4,000-foot replacement section.
In accordance with the California Environmental Quality Act (CEQA), the CPUC reviewed the impacts that would result from approval of the two applications. The activities considered include the sale of the pipeline by PG&E, the reconstruction of the missing 4,000-foot section of the pipeline in Martinez, CA, and the future operation of the pipeline and pump station by SPBPC. The CPUC review concluded that all potential impacts could be mitigated to less than significant levels. PG&E and SPBPC have agreed to incorporate all the proposed mitigation measures into the project. CPUC has included the stipulated mitigation measures as conditions of approval of the two applications and has circulated a proposed Mitigated Negative Declaration.
The Mitigated Negative Declaration for the approval of Applications Nos. 00-05-035 and 00-12-008 found that the resulting actions would have potentially significant impacts in the areas of:
- Air Quality
- Biological Resources
- Cultural Resources
- Geology and Soils
- Hazards and Hazardous Materials
- Land Use and Planning
- Public Services
- Transportation and Traffic
In addition, mitigation measures were identified for the following area even though the potential project impacts were determined to be less than significant:
- Utilities and Service Systems
The mitigation measure for this area also has been incorporated into the Mitigation Monitoring and Reporting Program.
Roles and Responsibilities
As the lead agency under CEQA, the CPUC will be responsible for ensuring full compliance with the provisions of this monitoring program and has primary responsibility for implementation of the monitoring program. The CPUC has the authority to halt any activity associated with the sale, reconstruction, and operation of the Richmond-to-Pittsburg Fuel Oil Pipeline and Hercules Pump Station if the activity is determined to be a deviation from the approved project or the adopted mitigation measures.
Mitigation Monitoring and Reporting Program
The table attached to this program presents a compilation of the mitigation measures in the Mitigated Negative Declaration. The purpose of the table is to provide a single comprehensive list of mitigation measures, effectiveness criteria, and timing.
Dispute Resolution Process
The Mitigation Monitoring and Reporting Program is expected to reduce or eliminate many of the potential disputes concerning the implementation of the adopted measures. However, in the event that a dispute occurs, the following procedure will be observed:
Step 1: Disputes and complaints (including those of the public) shall be directed first to the CPUC's designated Project Manager for resolution. The Project Manager will attempt to resolve the dispute.
Step 2: Should this informal process fail, the CPUC Project Manager may initiate enforcement or compliance action to address the deviation from the proposed project or adopted Mitigation Monitoring and Reporting Program.
Step 3: If a dispute or complaint regarding the implementation or evaluation of a Mitigation Measure or the Mitigation Monitoring and Reporting Program cannot be resolved informally or through enforcement or compliance action by the CPUC, any affected participant in the dispute or complaint may file a written "notice of dispute" with the CPUC's Executive Director. This notice shall be filed in order to resolve the dispute in a timely manner, with copies concurrently served on other affected participants. Within 10 days of receipt, the Executive Director or designee(s) shall meet or confer with the filer and other affected participants for purposes of resolving the dispute. The Executive Director shall issue an Executive Resolution describing his decision, and serve it on the filer and the other participants.
Parties may also seek review by the CPUC through existing procedures specified in the CPUC's Rules of Practice and Procedure, although a good faith effort should first be made to use the foregoing procedure.
Mitigation Monitoring Table
Click here to the MMRP tables.