Section 1748 - Final Decision(a) At the conclusion of the hearings under section 1747, the commission shall adopt a final written decision in conformity with section 1212, which includes all of the information specified by Public Resources Code section 25523.(b) The decision shall not certify any site and related facility unless the commission finds that: (1) as necessary, land use is consistent with Public Resources Code section 25528;(2) if the powerplant will require reprocessing of nuclear fuel rods or off-site storage of nuclear fuel rods in order to provide continuous onsite fuel core reserve storage capacity: facilities with adequate capacity to reprocess nuclear fuel rods or with adequate capacity to store them, as applicable, have been approved by an authorized agency of the United States, and are or will be in actual operation at the time the powerplant requires such reprocessing or storage, as required by Public Resources Code sections 25524.1 and 25524.2;(3) with respect to sites in the locations designated by the California Coastal Commission pursuant to Public Resources Code section 30413(b), or by the San Francisco Bay Conservation and Development Commission pursuant to Government Code section 66645, that the findings required by Public Resources Code section 25526 have been made by the appropriate commission;(4) with respect to sites in the areas specified in Public Resources Code section 25527, that(A) the facility will be consistent with the primary land use of the area,(B) there will be no substantial adverse environmental effects, and(C) the approval of the public agency having ownership or control of the land has been obtained;(5) with respect to a facility proposed to be located in the coastal zone or any other area with regional, scenic, or historic value, as specified by Public Resources Code section 25529, a finding that an area will be established for public use, as determined by the commission, and that the facility to be located along the coast or shoreline of any major body of water will be set back from the shoreline to permit reasonable public use and to protect scenic and aesthetic values;(6) with respect to a facility which adds generating capacity to a potential multiple-facility site in excess of the maximum allowable capacity established by the commission pursuant to Public Resources Code section 25516.5, the findings required by Public Resources Code section 25524.5;(7) if the site or facility does not comply with an applicable state, local or regional laws, ordinances, regulations and standards, a finding that the facility is required for public convenience and necessity, and there are no more prudent and feasible means of achieving such public convenience and necessity, as required by section 25525 of the Public Resources Code;(8) if the construction, operation, or shutdown and decommissioning of the powerplant will cause a significant environmental impact, either (A) or (B): (A)(i) with respect to matters within the authority of the commission, changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant environmental effects; and(ii) with respect to matters not within the commission's authority but within the authority of another agency, changes or alterations required to mitigate such effects have been adopted by such other agency, or can and should be adopted by such other agency; or(B)(i) specific economic, social, or other considerations make infeasible all mitigation measures or project alternatives that would mitigate or avoid the significant environmental effects; and(ii) the benefits of the project outweigh the unavoidable significant adverse environmental effects that may be caused by the construction and operation of the facility.Cal. Code Regs. Tit. 20, § 1748
1. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Repealer of subsection (d) and subsection relettering filed 3-8-2002; operative 4-7-2002 (Register 2002, No. 10).
3. Renumbering of former section 1748 to new section 1745 and renumbering and amendment of former section 1755 to new section 1748 filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Amendment of section and NOTE filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49). Note: Authority cited: Sections 25218(e) and 25541.5, Public Resources Code. Reference: Sections 21080.1, 21081, 25216.3, 25523, 25525- 25527, 25529 and 25541.5, Public Resources Code.
1. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Repealer of subsection (d) and subsection relettering filed 3-8-2002; operative 4-7-2002 (Register 2002, No. 10).
3. Renumbering of former section 1748 to new section 1745 and renumbering and amendment of former section 1755 to new section 1748 filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Amendment of section and Note filed 12-5-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).