The purpose of this program is to describe the mitigation monitoring process for the project and the role and responsibilities of the CPUC in ensuring the effective implementation of the mitigation measures agreed to by SCE and that would be adopted as conditions of approval by the CPUC if the project is approved.

The Public Utilities Code confers authority upon the CPUC to regulate the terms of service and safety, practices and equipment of utilities subject to its jurisdiction. It is the standard practice of the CPUC to require that mitigation measures stipulated as conditions of approval are implemented properly, monitored, and reported on. Section 21081.6 of the Public Resources Code requires a public agency to adopt a reporting and monitoring program when it adopts a mitigated negative declaration. The CPUC’s adoption of the Mitigated Negative Declaration would not, in itself, adopt the mitigation measure. Only if the CPUC ultimately approves the project, and in so doing adopts the mitigation measure, would this Mitigation Monitoring and Reporting Program be implemented.

The purpose of a 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 to facilitate not only the implementation of mitigation measures by the project proponents, but also monitoring, compliance and reporting activities of the CPUC and any monitors it may designate.

Roles and Responsibilities
As the lead agency under CEQA, the CPUC is required to monitor this project to ensure that the adopted mitigation measure is implemented effectively. The CPUC shall be responsible for ensuring full compliance with the provisions of this monitoring program and has primary responsibility for implementation of the monitoring program. The purpose of this monitoring program is to document that the mitigation measure adopted by the CPUC is implemented.
The CPUC has the authority to halt any SCE activity associated with the divestiture of the MGS if the activity is determined to be a deviation from the approved project or adopted mitigation measure.

Dispute Resolution Process
The Mitigation Monitoring and Reporting Program is expected to reduce or eliminate many potential disputes. However, in the event a dispute occurs, the following procedures 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 a formal compliance action to address the deviation from the proposed project or adopted Mitigation Monitoring and Reporting Program and, in addition, may also refer the case to the Consumer Services Division of the CPUC for formal investigation and enforcement, if appropriate.

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.

Table: Mitigation Monitoring Table

Mitigation Measure
Effectiveness Criteria
If construction activities such as excavation or drilling are involved in the installation of the fence impacts such as the disturbance of buried archaeological resources or human remains could occur. Therefore, the impact of the project could be potentially significant.
If digging is required to install the fence, work areas shall be monitored during construction by a qualified archaeologist. If cultural resources are identified, construction or excavation activities shall be temporarily halted or directed to other areas, pending the archaeologist’s evaluation of the resources’ significance.

The materials and site shall be recorded using standard archaeological survey methods. The site shall be evaluated by a qualified archaeologist for its significance in consultation with the Nevada Department of Historical Preservation and Archaeology. If significant resources are found, the site shall be avoided or a data recovery plan shall be developed and implemented to ensure that the information contained in the site is not lost. If the site is determined to not be significant, no further action is required.
If human remains are encountered, the archaeologist shall contact the appropriate County Coroner immediately, and security measures shall be implemented to ensure that burials are not vandalized. No further construction disturbance of the site shall occur until the decision of disposition has been made and implemented pursuant to applicable law.

CPUC mitigation monitor’s approval of Edison’s proposed cultural mitigation program, and any subsequent implementation reports Submittal of archaeological mitigation program and subsequent implementation reports to the CPUC. CPUC approval before the close of escrow.