2.1 Authority and Purpose of the Mitigation Monitoring, Compliance and Reporting Program
2.1.1 California Public Utilities Commission
The Public Utilities Code in numerous places confers authority upon the California Public Utilities Commission (CPUC) to regulate the terms of service and the safety, practices and equipment of utilities subject to its jurisdiction. It is the standard practice of the CPUC, pursuant to its statutory responsibility to protect the environment, to require that mitigation measures stipulated as conditions of approval be implemented properly, monitored, and reported on. In 1989, this requirement was codified statewide as Section 21081.6 of the Public Resources Code. Section 21081.6 requires a public agency to adopt a Mitigation Monitoring, Compliance, and Reporting Program (MMCRP) when it approves a project that is subject to preparation of an EIR and where the EIR for the project identifies significant adverse environmental effects.
The purpose of a MMCRP is to ensure that measures adopted to mitigate or avoid significant impacts are successfully implemented and that they achieve the anticipated impact reductions. The CPUC views the MMCRP as a working guide to facilitate not only the implementation of mitigation measures by the project proponent, but also the monitoring, compliance and reporting activities of the CPUC and any monitors it may designate.
The Commission has addressed its responsibility under Public Resources Code Section 21081.6 by selecting a contractor (Aspen) to implement a MMCRP which includes the mitigation measures that were mae conditions of approval by the Commission.
2.1.2 Angeles National Forest
As the Federal Lead Agency for the Proposed Project under NEPA, the Angeles National Forest (ANF) is responsible for monitoring the performance and effectiveness of mitigation measures on ANF land. For areas where the Pacific Pipeline crosses land outside of the ANF, the ANF in the EIS, has recommended the mitigation measures included in the EIS/SEIR for the consideration of the responsible agencies with the authority to adopt them. Also in the ROD, based on the Final EIS/SEIR, the ANF Forest Supervisor (the Responsible Official) adopted mitigation measures for the Forest Service portion of the Right-of-Way (ROW). These measures, in turn, will become stipulations of the Special Use Permit (SUP) which will be issued to PPSI. The measures will be monitored and enforced by the ANF as part of normal permit administration. In addition, the ANF has signed a Memorandum of Understanding (MOU) with the CPUC to utilize Aspen for implementation of the MMCRP.
2.2 Program Adoption Process
The mitigation measures and applicant-proposed measures described in the EIR and EIS/SEIR were adopted in conjunction with the approval processes of the CPUC and the ANF. The implementation of the resulting MMCRP is described in Section 2.1.
In the ROD, the Forest Supervisor states that those Amitigation measures and activities for the which the Forest Service is listed as a responsible agency in Table F-2 of the EIS/SEIR are adopted and incorporated into the Record of Decision by reference.
Furthermore the CPUC states that Ain our decision we adopt, as conditions of approval, mitigation measures suggested in the EIS/SEIR, as well as other remedial requirements.