Communities for a Better Environment v. State Ene
The State Energy Resources Conservation and Development Commission (Energy Commission) is the state agency exclusively empowered to license thermal power plants of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–365 (Sonoma).) Indeed, pursuant to section 25500, the Energy Commission possesses “the exclusive power to certify all sites and related facilities in the state, whether a new site and related facility or a change or addition to an existing facility” and “[t]he issuance of a certificate by the commission shall be in lieu of any permit, certificate, or similar document required by any state, local or regional agency, or federal agency to the extent permitted by federal law, for such use of the site and related facilities . . . .” Subdivision (a) of section 25531 provides that Energy Commission decisions “on any application for certification of
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