California Eminent Domain Report : a blog following condemnation, inverse condemnation, and regulatory takings written by attorneys with Nossaman LLP.

In May, we reported on the City of Chino Hills' efforts to stop a portion of Southern California Edison's Tehachapi Transmission Project.  The project involves 175 miles of transmission line right of way designed to serve wind farm development in the Tehachapi area. 

Much of the right of way for the transmission lines runs through remote, undeveloped areas.  Though there have been many disputes over the amount of money SCE must pay to acquire any new right of way it needs (much of the project runs along pre-existing right of way), there has been little dispute about SCE's right to build the project.

The notable exception involves "Segment 8a," which runs through the Chino Hills area.  Though SCE already has transmission lines in the area, the project calls for replacing existing 220 kV lines with much larger 500 kV lines.  Officials in Chino Hills argue the higher-capacity lines are not safe, claiming that no precedence exists for placing such lines in populated areas. 

Earlier this month, the court denied the City's request for an injunction to stop construction while its appeal of an earlier decision proceeds.  The ruling allows SCE to start construction, and SCE is wasting little time in moving the project forward. 

Following the favorable court ruling, SCE promptly issued a Notice of Construction, announcing that construction will commence October 9, 2010, and will last through December 2011. 

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Earlier this week, Chino Hills voted 3-0 (with two members abstaining for conflict reasons) to appeal an earlier court ruling that the Public Utilities Commission has "exclusive jurisdiction with regard to the right-of-way property rights issue between the City and SCE regarding the Tehachapi Renewable Transmission Project route through Chino Hills."  

Southern California Edison's Tehachapi Renewable Transmission Project is a massive, $1.8 billion project designed, in large part, to connect wind farms in the Tehachapi area to the main electrical grid.  The project involves installation of approximately 175 miles of transmission lines, much of it through remote, undeveloped area and within existing Edison right-of-way. 

Some new right-of-way is required, and SCE has been acquiring that right-of-way through a combination of negotiated acquisitions and eminent domain actions. 

One segment, in particular, has been the subject of controversy.  Segment 8a focuses on replacing existing 220-kV lines in the Chino Hills area with new, larger 500-kV lines.  SCE describes this segment as follows:

Replacement of existing single-circuit, 220 kV line that runs from the existing Mesa Substation area to the Chino Substation area and existing double circuit, 220 kV line from Chino Substation to the existing Mira Loma Substation with a 32-mile double-circuit, 500 kV line.

Residents in Chino Hills don't like the plan, and the City has been fighting with SCE over possible alternatives.   The latest skirmish involves an April 2010 decision, in which the court ruled that it has no jurisdiction over SCE's route-selection process.  The ruling allows a December 2009 decision by the PUC approving the Project, including Segment 8a, to stand.   The PUC's order approving the project makes clear the high stakes involved:

It is imperative that California sites and constructs transmission more expeditiously, and this Decision is a step in the right direction. It is important that we invest in the critical infrastructure that will move us incrementally closer to our renewable energy goals while fostering green collar jobs opportunities.

Now, the City has decided to appeal the court's ruling, hoping to overturn the PUC's approval.  An April 15, 2010 Press Release provides more details and background on the City's arguments and the history of the dispute.

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We've previously reported on the increase in renewable energy projects in California, such as Southern California Edison's ("SCE") Tehachapi Renewable Transmission Project.  When it comes to wind farms, General Electric now takes the cake:  it has brokered a $1.4 billion contract to supply wind turbines and services for a wind farm that would be larger than any wind farm currently in operation in the world. 

According to a December 10 Bloomberg article GE Wins $1.4 Billion Order for Oregon Wind Farm, the 338-turbine wind farm will stretch across 30 square miles in Oregon, and will help the slumping economy by providing 400 jobs during construction.  With GE already obtaining most of the necessary government permits, the two-year construction project is set to begin in 2010, and will require building 85 miles of road and 90 miles of power lines. 

What does this mean for California?  The wind farm will provide enough clean energy power to power approximately 235,000 California households, and it will supply a tenth of SCE's renewable energy. 

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