EXECUTIVE ORDER D-25-01


WHEREAS, on January 17, 2001, I proclaimed a State of Emergency to exist due to the energy shortage in the State of California; and

WHEREAS, there is a high probability that the electricity supply shortage will continue to cause rolling blackouts throughout California, affecting millions of Californians; and

WHEREAS, all reasonable conservation, allocation, and service restriction measures will not alleviate this energy supply emergency; and

WHEREAS, this energy supply emergency poses a threat to public health, safety, and welfare and requires acceleration of construction and upgrading of approved powerplants;

NOW, THEREFORE, I, GRAY DAVIS, Governor of the State of California, by the virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to become effective immediately:

IT IS ORDERED that the California Energy Resources Conservation and Development Commission (hereinafter "Energy Commission") shall expedite review and approval of post-certification amendments regarding thermal powerplants including proposals to convert simple-cycle powerplants to combined cycle or cogeneration powerplants if the permitted simple-cycle powerplant is an integral part of the proposed combined cycle or cogeneration powerplant.

IT IS FURTHER ORDERED that for this purpose, the Energy Commission is authorized to suspend the requirements of the statutes and implementing regulations that normally control its review and approval of post-certification amendments to the extent that they would prevent, hinder, or delay the prompt mitigation of the effects of this emergency. The Energy Commission may take such action by order on a case by case basis or by any other means and is not required to adopt regulations under the Administrative Procedures Act to implement this order.

IT IS FURTHER ORDERED that the Energy Commission shall establish specific performance milestones for both initiation of construction within one year of certification, and for the construction phase of the project. Failure to begin construction by the deadline or failure to perform in accordance with the milestones without prior approval by the Energy Commission based on a showing of good cause shall constitute a forfeiture of the certification.

IT IS FURTHER ORDERED that for this purpose, the Energy Commission is authorized to suspend the implementing regulations that would otherwise regulate the forfeiture of certification.

IT IS FURTHER ORDERED that the Energy Commission and the California Air Resources Board may contract for the services of necessary qualified personnel to perform these functions. Each is authorized to enter into such contracts as expeditiously as possible and for this purpose shall be exempt from the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, to the extent that they would prevent, hinder, or delay the prompt mitigation of the effects of this emergency.

IT IS FURTHER ORDERED that this order shall expire on December 31, 2001 unless extended by further executive order responding to the continued need for emergency action to deal with the electricity emergency or unless terminated by proclamation of the Governor or concurrent resolution of the Legislature that the state of emergency has ended.

The activities herein are authorized to be carried out pursuant to the Emergency Services Act, Government Code Sections 8550 et seq.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.