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CPUC Review Process

Following receipt of a complete application, the CPUC conducts two parallel processes when considering development proposed by a regulated utility:

(1) an application process, in which the CPUC reviews the utility’s proposal and considers whether the project is needed and is in the public interest; and

(2) an environmental review process pursuant to CEQA.

The CPCN application process focuses on utility ratepayer and public benefit issues and is undertaken by the CPUC’s Administrative Law Judges Division. The CEQA process for utility applications is led by the CPUC’s Energy Division. The CPUC will use the CEQA document in conjunction with other information prepared for the CPUC’s formal record to act on LSPGC’s application.

Click here for more information about the CPUC’s decision and review process.

Click here for information and documents associated with the CPUC’s proceeding for the Project. The proceeding schedule is managed on the docket card for the application.

Introduction and Background

LSPGC, in its CPUC application (A.24-05-014) filed on May 17, 2024, requests a Certificate of Public Convenience and Necessity (CPCN) for the construction of the Power the South Bay Project (Project). In determining whether to issue a CPCN, the CPUC conducts a thorough environmental review and considers other factors such as demand forecasts, alternatives, and the cost and need of the proposed Project.

After LSPGC filed its CPUC application, on November 12, 2024, the California Independent System Operator (CAISO) Board of Governors approved a modified version of the Project. Meeting minutes of the CAISO Board of Governors meeting can be viewed here. A recording of the meeting is available for viewing here. The following description of the Project reflects the approved changes.

Pursuant to the CAISO Board of Governors decision, the newly approved Project would now consist of construction and operation of a new 230 kilovolt (kV) alternating current (AC) transmission line, which would connect the existing Pacific Gas and Electric Company (PG&E) Newark 230 kV substation and the existing Silicon Valley Power (SVP) Northern Receiving Station (NRS) 230 kV substation – referred to by the CAISO as the Newark – NRS 230 kV project. The newly approved transmission line would be approximately 12 miles in length and would be a combination of both overhead and underground lines. The Project would also include modifications to the existing PG&E Newark and SVP NRS substations to accommodate connection of the proposed new Newark to NRS 230 kV AC transmission line, which would be similar to that of the pre-existing project from LSPGC’s original CPUC application. The Project would be located in the cities of Fremont, Milpitas, San José, and Santa Clara, and within Alameda and Santa Clara counties.

The application includes a Proponent’s Environmental Assessment (PEA) prepared pursuant to Rule 2.4 of the CPUC's Rules of Practice and Procedure. The proposed Project was approved by the California Independent System Operator (CAISO) to ensure the reliability of the CAISO-controlled grid.

As identified by LSPGC, the Project would:

Environmental Review


As the CEQA Lead Agency, the CPUC will prepare an Environmental Impact Report (EIR) to evaluate the environmental effects of the proposed Project. The following table includes milestones and anticipated dates for the CEQA review process.

Project Milestones as of December 2024
MilestoneDate
Application and PEA submitted by LSPGC to CPUCMay 17, 2024
Application Deemed Complete by CPUCJune 13, 2024
Notice of Preparation and Scoping July 29 - August 30, 2024
CAISO Board of Governors DecisionNovember 12, 2024
Publication of Draft EIR2nd Quarter 2025*
Public CEQA Review Period (45 days)3rd Quarter 2025*
Publication of Final EIR4th Quarter 2025*
CPUC Certification of Final EIR and CPUC Decision1st Quarter 2026*
Start of ConstructionAnticipated 2026*
Project In-Service DateJune 1, 2028*
*Estimated

EIR Scoping

Notice of Preparation of an Environmental Impact Report (EIR)

The CPUC has prepared a Notice of Preparation (NOP) of an EIR for the Project to solicit agency and public input on the scope of the EIR. The NOP may be viewed here. During the scoping period, beginning July 29, 2024, and ending August 30, 2024, all interested parties, including responsible and trustee agencies, groups, and the public, are invited to provide input on the scope of the EIR.

Scoping Meetings and Scoping Report

In order for the public and agencies to have an opportunity to submit verbal comments on the scope of the EIR, two virtual meetings (one in the afternoon and one in the evening) were held via Zoom link and telephone on August 15, 2024.

The scoping meeting presentation is available for viewing here. The Scoping Report (dated November 2024) describes the process of scoping and summarizes comments received during the scoping period and is available for viewing here.

It should be noted that the Scoping Report and presentation reflect the Project design submitted in the original CPCN application in May 17, 2024, which presented a high voltage direct current (HVDC) design. As a result of the CAISO Board decision on November 12, 2024, the Project has been converted to an all-AC transmission project in the same physical footprint of the original design. That is the design that will be fully described and analyzed in the Project’s EIR.

Documents Available for Review

Public documents related to the Power the South Bay Project can be found here:

LSPGC CPCN Application A.24-05-014 (May 17, 2024)

Proponent’s Environmental Assessment PEA (May 17, 2024)
PEA Appendix 1-A Figures
PEA Appendix 2-A PEA Checklist
PEA Appendix 3-A Construction Equipment and Workforce Table
PEA Appendix 5.3-A Air Quality and GHG Modeling Files
PEA Appendix 5.4-A Biological Resources Technical Report
PEA Appendix 5.5-A-E Cultural Resources Technical Report (confidential not posted)
PEA Appendix 5.6-A Fuel Use Calculations
PEA Appendix 5.7-A Paleontological Resources Technical Report
PEA Appendix 5.9-A ERIS Corridor Report (HazMat)
PEA Appendix 5.9-B Hazardous Materials Sites Summary Table
PEA Appendix 5.9-C Preliminary Induction Study
PEA Appendix 5.13-A Noise Measurements
PEA Appendix 7-A Cumulative Projects Table
PEA Appendix C Map of the Project
PEA Appendix G Electric and Magnetic Fields Management Plan

CPUC PEA Completeness Letter and Data Request 1 (June 13, 2024)  

For Additional Information

The CPUC Energy Division is managing the environmental review of the Project. To request additional information, or to be added to the mailing list, please contact us:

Project email: PowertheSouthBay@esassoc.com or at 408-450-7231

The CPUC’s Project Manager is:

Tommy Alexander
California Public Utilities Commission
Energy Division, CEQA and Energy Permitting Section
505 Van Ness Avenue
San Francisco, California 94102

Project email: tommy.alexander@cpuc.ca.gov