CCC PPPPP U U CCC N N EEEEE W W W SSS C C P p U U C C NN N E W W W S S C P P U U C N N N E W W W S C PPPPP U U C N N N EEE W W W W SSS C P U U C N N N E WW WW S C C P U U C C N NN E W W S S CCC P UUUU CCC N N EEEEE W W SSS California Public Utilities Commission 505 Van Ness Avenue, Room 5301 San Francisco, CA 94102 CONTACT: Dianne Dienstein December 9, 1996 CPUC - 96 415-703-2423 (R. 94-04-031/ I.94-04-032) LEGISLATION RENDERS ELECTRIC INDUSTRY RESTRUCTURING EIR UNNEEDED The California Public Utilities Commission (CPUC) today halted preparation of a "policy-level" Environmental Impact Report (EIR) to study the environmental effects of moving to a competitive electric generation market. Recently-enacted Assembly Bill 1890 (Stats. 1996, Ch 854) takes precedence in planning the new market, and thus renders this type of EIR unnecessary. The Commission proposed a policy to guide transition to and implementation of generation competition in California's electric industry on December 20, 1995. Among the many planning and implementation tasks it undertook after that date, was hiring of an independent consultant to prepare an EIR pursuant to CEQA. Fundamental to an EIR is comparison of the environmental consequences of a policy, and what would happen if the policy were not implemented. CEQA's goal is to influence public agency decisions, and environmental review is not appropriate if it has no potential to influence an agency's decision. With enactment of AB 1890, there is no alternative. The policy of introducing competition into California's electric generation sector in 1998 is now law. In response to requests by several air quality regulatory agencies, the CPUC will prepare, outside the context of CEQA, a report containing relevant, readily available information that might be useful to them or to other agencies in pursuing their respective mandates. ###