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Resolution No. 78121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE FILING OF AN APPLICATION FOR CERTIFICATION AND RELATED DOCUMENTS WITH THE CALIFORNIA ENERGY COMMISSION REGARDING THE MALBURG GENERATING STATION AND AUTHORIZING THE CITY TO DO ALL OTHER ACTIONS DEEMED NECESSARY OR ADVISABLE CONCERNING THE APPLICATION PROCESS WHEREAS, the City of Vernon is in the process of developing a) 120 MW Combined Cycle Power Plant officially named the Malburg Generating Station (the "Malburg Project") for the purpose of installin,g additional generating capacity that will yield an efficient, cost-effective, and reliable source of electric generation to the City of Vernon; and WHEREAS, the City is proposing to build the Malburg Project in two phases with the first phase consisting of the installation and operation of two simple cycle combustion turbine units and the second phase consisting of the simple cycle combustion turbine units being modified to combined cycle units; and WHEREAS, Section 25552 of the California Public Resources JCode establishes the procedural requirements for expediting simple cycle facility permits with the California Energy Commission ("CEC"); land WHEREAS, the City of Vernon desires the Malburg Project to be considered under the CEC's "fast -track" permitting process; and WHEREAS, the CEC has exclusive authority and jurisdiction to certify the sites of new power plants and the City of Vernon is required by the CEC to submit an Application for Certification ("AFC") and accompanying letter in order to obtain authorization to construct 1 the Malburg Project; and 2 WHEREAS, certification by the CEC is in lieu of all local, 3 regional and state licenses and permits; and 4 WHEREAS, upon approval of the AFC by the CEC, the City shall 5 receive a Certification from the CEC for the License to Construct, 6 granting authority to build the Malburg Project; and 7 WHEREAS, by letter dated July 26, 2001, the City 8 Administrator/City Clerk, has recommended that the City Council 9 approve the AFC and authorize its submittal to the CEC. 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 11 CITY OF VERNON AS FOLLOWS: 12 SECTION 1: The City Council of the City of Vernon hereby 13 finds and determines that the recitals contained hereinabove are true 14 and correct. 15 SECTION 2: The City Council of the City of Vernon hereby 16 approves and authorizes the filing of an Application for Certification 17 with the California Energy Commission for the Malburg Generating 18 Station, a copy of which has been presented to the City Council 19 concurrently with this Resolution, and the City Council hereby orders 20 said Application to be received and filed by the City Clerk. 21 SECTION 3: The City Council of the City of Vernon hereby 22 authorizes the.City Administrator, or his authorized designee, to 23 execute said AFC for, and on behalf of, the City of Vernon. 24 SECTION 4: The City Administrator, or his authorized 25 designee, is hereby authorized and empowered to execute any documents, 26 including the AFC, necessary to secure, implement and carry out the 27 purposes of the AFC. 28 SECTION 5: The City Administrator, or his authorized 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 designee, is hereby authorized to make whatever nonsubstantive changes, upon advice of counsel, to the AFC and all related documents that become necessary to implement and carry out the purposes of this resolution. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to deliver the AFC by August 2, 2001, to: California Energy Commission Attn. James W. Reede, Jr., Project Manager 1516 Ninth Street Sacramento, CA 95814 SECTION 7: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this lst day of August, 2001. ATTEST: 4 BRUCE V. MALKENHORST, City Clerk LEONIS C. MALB RG, Ma or - 3 - 1 2 3 4 5 6 7 8I 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES, ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7812, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, August 1, 2001, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - SUPPORTING DOCUMENTS 9/rrY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 January 9, 2002 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 Mr. Bruce V. Malkenhorst City Administrator City Of Vernon 4305 Santa Fe Avenue Vernon, California 90058 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Re: Malburg Generating Station: Application For Certification ("AFC") Filing with California Energy Commission Dear Bruce: Attached are conformed copies of the City's AFC filing with the California Energy Commission ("Commission"). The City has been given a hearing date of Wednesday, January 23, 2002, for review by the Commission. At that hearing, the Commission will decide if the City has met the expedited 6-month application requirements. Prior to that hearing, the City will be given a detailed report of the data adequacy of its AFC. That report will largely be the deciding factor on whether the Commission will judge the City's AFC as complete. Once the Commission deems the City's AFC to be complete, the formal license process commences. The Commission has assigned its employee, James Reed, Jr., as the City's Project Manager. He was the City's Project Manager briefly last summer for the simple cycle license. He was also the manager of the South Gate project and is the current Project Manager for the SCPPA Burbank Magnolia Project. Mr. Bruce V. Malkenhorst January 9, 2002 Page 2 We have identified a potential negative intervenor for the City's Project, the Communities for a Better Environmental ("CBE"). The CBE is headed up locally (they are San Francisco based) by Alvaro Huerta in Huntington Park. They may complain about the Project on environmental justice grounds. The words are used to refer to power plant projects built in poor, racially disadvantaged areas. When the CBE's chief scientist contacted Ramon Abueg about the Project last summer, he was not interested in either a site visit or a meeting to discuss the particulars of the Project. He was also unaware of the existing 1933 power plant located on the site. I am planning to attend the Commission hearing on the 23rd. I will keep you informed of the progress of the City's AFC. Please contact me if you have any questions. Sincerely, Eric Fresch Legal Counsel EF:j1 Enclosure cc: Eddie Olivo (w/Encl.) Ken DeDario (w/o Encl.) Ramon Abueg (w/o Encl.) Chuck Montoya (w/o Encl.) IN CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 December 18, 2001 Mr. Steve Larson Executive Director California Energy Commission 1516 9th Street Sacramento, CA 95814 Dear Mr. Larson: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 01 -AM- .R CALIF ENERGY COMMISSION DEC 21 2001 RECEIVED IN DOCKETS The City of Vernon, pursuant to the provisions of Section 25550 [6-month expedited application] et seq.-of the California Public Resources Code and Title 20 of. the California Code of Regulations, hereby submits this Application for Certification, seeking authority to construct and operate the Malburg Generating Station, a natural gas -fired, 134 MW, combined cycle power plant to be located on the City's existing power plant site, in the City of Vernon, County of Los Angeles, California. As the City Administrator and an officer of the City of Vernon, I hereby attest, under penalty of perjury, that the contents of this Application are true and accurate to the best of my knowledge. Dated this 18th day of December, 2001. Sincerely, CITY OF VERNON ' Bruce V. Malkenhorst City Administrator BVM : j 1 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro —Tern WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 City Council City of Vernon Honorable Members: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 CITY HALL BRUCE W. OLSON 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief TELEPHONE (323) 583-8811 FAX: (323) 583-5236 July 26, 2001 I(Ibt y. n(��ti In order to proceed with the Malburg Generating Station Project an Application for Certification (AFC) must be filed to obtain approval from the California Energy Commission (CEC) to construct the generation plant. Certification from the CEC is in lieu of all local, regional, and state licenses or permits and addresses issues such as air quality, public health, land use, water resources, noise, and traffic. This has been reviewed by our Legal Counsel for the Utilities Department. It is hereby recommended that an Application for Certification be executed and submitted to the CEC accompanied by a letter signed by a city officer attesting under penalty of perjury that the contents of the AFC are true and accurate. Very truly yours, Bruce V. Malkenhorst City Administrator/City Clerk BVM/ng July 25, 2001 Bruce V. Malkenhorst, City Administrator FROM: Kenneth J. DeDario, Director of Utilities SUBJECT: Malburg Generating Station Project — AFC I recommend approval of the attached Application For Certification (AFC) for the Malburg Generating Station to the California Energy Commission. This AFC addresses various issue areas such as: air quality, public health, land use, water resources, noise and traffic. This AFC has been reviewed by our Legal Counsel for the Utilities Department. If you have any questions or comments, please contact me. Thank you for your consideration. Attachment t'-ITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Ter WM. `BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 July 31, 2001 To From: Subject: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 Gloria Orosco Chief Deputy City Clerk Eric Fresch Legal Counsel AQMD Permit to Construct EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 The City Council will consider at their regular meeting on Wednesday, August 1, 2001, Resolution No. 7813, which approves an application for a Permit to Construct for the Malburg Generating Station Project. If Council approves the resolution, the City must tender a check early Thursday morning, August 2, 2001, in the amount of $13,388.64, made payable South Coast Air Quality Management District. Please have this check prepared early tomorrow so that the package can be in a state of immediate submission to the AQMD by the City's consultant, Parsons Engineering. EF:rmt • " ` CITY COUNCIL 4 LEONIS C. MALBURG Mayor ti THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 August 2, 2001 Mr. John Yee CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 Senior Air Quality Engineer South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765-4182 Dear Mr. Yee: DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 Subject: Malburg Generating Station Permit To Construct Application DAVE TELFORD Fine Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 The City of Vernon Utilities Department proposes to modify its existing facility at 2715 East 50th Street in Vernon. The proposed modification will consist of the addition of two natural gas fired combustion turbine generators (CTGs); each equipped with a heat recovery steam generator (HRSG) that will provide steam to a single steam turbine generator (STG). The total added generating capacity would be 120 megawatts (MW). The proposed Malburg Generating Station Project will be implemented in two phases. The first phase will consist of the installation and operation of two 40 MW Alstom GTX 100_CTGs, each equipped with selective catalytic reduction (SCR) and CO oxidation catalyst (SCR/COC). Subsequently the two CTGs will be upgraded to combined cycle by the installation of the HRSGs and STG, which will increase the generating capacity to 120 MW. The CTGs will operate in simple cycle mode beginning in the summer of 2002. Combined cycle operation is scheduled to commence in late spring to early summer of 2003. Enclosed please find a complete Application For Permit To Construct And Operate, Modification to Facility ID No. 014502 (Permit to Construct) for the two CTGs with SCR/COC. We are also enclosing a check in the amount of $13,388.64 to cover the permit application W .: Mr. John Yee August 2, 2001 Page — 2 processing fee for the new and existing equipment. The City of Vernon Utilities Department requests that the South Coast Air Quality Management District use this submittal to prepare a Preliminary Determination of Compliance (PDOC) for the California Energy Commission (CEC). The City will prepare and file a separate permit application to cover the second phase of the Malburg Generating Station Project at a later date. If you have any questions or need additional information regarding the enclosed application, please contact Mr. Ramon Abueg at (323) 583-8811. Sincerely, & Kenneth J. DeDario Director of Utilities KJD:dm Enclosures c: Ramon Z. Abueg, Assistant Director of Engineering & Operations CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 July 25, 2001 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 Via Federal Express Mr. Eduardo Olivo City Attorney City Of Vernon 4305 Santa Fe Avenue Vernon, California 90058 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Re: Permit Applications For Malburg Generating Station Project Dear Eddie: The City intends to submit an Application for Certification (AFC) to the California Energy Commission (CEC) on Thursday, August 2, 2001. The purpose of this Application is to obtain authorization to construct the Malburg Generating Station Project. The CEC has exclusive authority and jurisdiction to certify the sites of new power plants. Certification by the CEC is in lieu of all local, regional and state licenses or permits. A letter must accompany this Application, signed by a City Officer, attesting under penalty of perjury that to the best of the Officer's knowledge the contents of the AFC are true and accurate. The CEC must, by statute, make findings that the proposed Project complies with all applicable federal, state and local laws, ordinances, regulations and standards (these are referred to in the CEC AFC as the LORS). The CEC is also required to evaluate the Project's potential air quality impacts and the appropriateness of the City's proposed mitigation measures. The CEC accomplishes these objectives by coordinating the City's AFC Mr. Eduardo Olivo July 25, 2001 Page 2 process with the South Coast Air Quality Management District (AQMD) . The City must also separately submit a copy of the AFC and an application (Title V Application) to the AQMD for the required air quality permits. The City's consultants on air quality have identified five (5) regulatory programs the -City must comply with, all of which are included in a single Title V permit issued by AQMD. The AQMD then conducts, as part of the CEC's certification process, a Determination of Compliance (DOC) review of the Application in order to determine whether the Malburg Generating Station Project meets the requirements of the applicable new source review rule and all other applicable AQMD regulations. The AQMD's DOC shall specify the conditions, including the use of the Best Available Control Technology (BACT), to control air emissions, and other mitigation measures, that are necessary for compliance. Ken DeDario has placed on the City Council agenda two (2) items for consideration, the AFC and the AQMD Title V Permit Application. I attach to this letter a final marked draft copy of the AFC for your review. I will also have the final version e-mailed to you. The City's consultants are in the process of reproducing over 100 copies of the AFC, including the exhibits, containing the reports required from various City consultants. The City shall receive 27 final copies of the AFC early next week. The draft AQMD Application (which is essentially a more detailed report of the AFC's air quality section) will also be available early next week. I will draft a City Council resolution to approve submission of the AFC to the CEC for your review. I will call you to coordinate this process. Sincerely, i�� V'11� Eric Fresch Legal Counsel EF:j1 Enclosure cc' Ken DeDario (w/o Encl.) Jorge Somoano (w/o Encl.) Ramon Abueg (w/o Encl.) Chuck Montoya( w/o Encl.) %A .4 July 25, 2001 n �J TO: Bruce V. Malkenhorst, City Administrator FROM: Kenneth J. DeDario, Director of Utilities SUBJECT: Malburg Generating Station Project— AFC I recommend approval of the attached Application For Certification (AFC) for the Malburg Generating Station to the California Energy Commission. This AFC addresses various issue areas such as: air quality, public health, land use, water resources, noise and traffic. This AFC has been reviewed by the City Attorney. If you have any questions or comments, please contact me. Thank you for your consideration. KJD:dm Attachment APPLICATION , CERTIFICATION GENERATINGMALBURG STATION CALIFORNIA BY: CITY OF VERNON SUBMITTED TO: CALIFORNIA ENERGY COMMISSION SACRAMENTO, CALIFORNIA August 2001 1 .if AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Gloria J. Orosco, Chief Deputy City Cle of the City of Vernon do hereby certify that I did, on the 0�14 of .12.i 2002, have posted one (1) copy of: NOTICE OF PUBLIC HEARING, to be held July 1, 2002, required by the California Energy Commission (copy attached). On the bulletin board in the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: 6 l( d 2 Gloria J. Orosc Chief Deputy City Clerk State of California ) ss County of Los Angeles) OnOv'�before me, PRAW4�lr� Pers pally appeared Gloria J. Orosco Personally known to me --Trram) to be the person(-,—,) whose name (-s} is/ subscribed to the instrument and acknowledged to me that-he/she/t4ey executed the same in h-i-s/her/therr authorized capacity, and that by h4-s-/her/-t-hei-r signature( -Er) on the instrument the person kH , or the entity upon behalf of which the person(,e' acted, executed the instrument. W NESS my hand and official seal MANUELA GIRON Commission # 1328374 L4P Notary Public - C81ifornia Los Angeles County My Comm. Expires Nov 4. 2005 1.t PROPOSED POWER PLANT The California Energy Commission has received an Application for Certification — a request for a license to build a power plant in this area. The proposed plant will 'be located on approximately 3.4 acres of the City of Vernon's existing Malburg Generating Station. The proposed site is: 2715 East 50th Street. Vernon, California A public hearing will be held to show the exact location of the proposed plant and the applicant, the City of Vernon, will describe the project. The public is encouraged to attend: Monday, July 1, 2002 5:30 p.m. Site Visit Vernon City Hall, 4305 Santa Fe Avenue, Vernon, CA Please meet in the City Hall parking lot. After introductions, Please gather attendees will board a bus at 5:30 p.m. and tour proposed site. at the Vernon. BUS RESERVATIONS ARE REQUIRED! Call (800) 822-6228 and indicate the number of reservations needed before June 27, 2002. The bus will City Hall return to the Vernon City Hall where the Hearing will reconvene at 6:30 p.m. 6:30 p.m. Informational Public Meeting Hearing Vernon City Hall, 4305 Santa Fe Avenue Vernon, CA • If you would like to review the Application for Certification, it is available at: Huntington Park Library, 6518 Miles Avenue, Huntington Park, California 90255 • Additional information and the Application for Certification are available at the California Energy Commission Web Site: www.energy.ca.aov/siting_cases/Vernon • If you would like further information or to be placed on a mailing list to receive notice of public workshops and hearings, please contact: Roberta Mendonca, Public Adviser California Energy Commission 1516 9th Street, Sacramento, CA 95812 (916) 654-4489 or toll -free at (800) 822-6228 - By e-mail pao@energy.state.ca.us PLANTA PROPUESTA DE ENERGIA La Comisi6n de Energia de California ha recibido una Solicitud de Certificaci6n - se requiere una licencia para construir una planta de energfa en este area. La planta propuesta de la Ciudad de Vernon . sera localizara aproximadamente 3.4 acres de la existente Estaci6n Generada de Malburg. El sitio propuesto es: 2715 Calle E. 50 Vernon, California La audiencia publica de la Comisi6n mostrara la situaci6n de la planta propuesta y describira el proceso de revision de la Comisi6n. El Solicitante, Ciudad de Vernon describira el proyecto propuesto. Se le anima al publico a que asista: Lunes, 1 de Julio 2002 Por favor encuentrese en el estacionamiento de Vernon City Hall 5:30 p.m. Visita al Sitio 4305 Avenida Santa Fe Vernon, CA Despues de las introducciones, asistentes abordaran un autobus a las 5:30 p.m. para la gira al sito propuesto. ,SE REOUIERE RESERVACION DE AUTOBUS! Llame (800) 822-6228 e indique el numero de reservaciones necesitadas antes del 27 de Junio, 2002. Los autoWises regresaran a las 6:30 p.m. al estacionamiento, antes de que em ieze la Audiencia Informativa Publica. Audiencia Reunion Publica 6:30 p.m Informativa Vernon City Hall 4305 Avenida Santa Fe Vernon, CA • Si le gustaria repasar la Solicitud de Certificacion, esta disponible en la Biblioteca de: Huntington Park, 6518 Miles Avenue, Huntington Park, California 90255 Informaci6n adicional sobre la Solicitud de Certificaci6n esta disponible por correo electr6nico de la Comisi6n de Energia: www.energy.ca.gov/sitingcases/vemon Si gustaria mas informacion o ser puesto en una lista de envfo para recibir avisos de talleres publicos y audiencias, por favor comuniquese con: Roberta Mendonca, Asesora Publica, Comision de Energia de California -1516 9th Street, Sacramento, CA 95814, (916) 654-4489 o telefono gratuito (800) 822-6228 - Por ,correo electr6nico pao@energy.state.ca.us