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HomeMy WebLinkAbout2016-025 PG&E Settlement Agreement BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Pacific Gas and Electric Company for Approval of the Retirement of Diablo Canyon Power Plant, Implementation of the Joint Proposal, And Recovery of Associated Costs Through Proposed Ratemaking Mechanisms (U 39 E) Application 16-08-006 (Filed August 11, 2016) SETTLEMENT AGREEMENT BETWEEN PACIFIC GAS AND ELECTRIC COMPANY (U 39 E), THE COUNTY OF SAN LUIS OBISPO, THE CITY OF ARROYO GRANDE, THE CITY OF ATASCADERO, THE CITY OF MORRO BAY, THE CITY OF PASO ROBLES, THE CITY OF PISMO BEACH, THE CITY OF SAN LUIS OBISPO, THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, FRIENDS OF THE EARTH, NATURAL RESOURCES DEFENSE COUNCIL, ENVIRONMENT CALIFORNIA, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1245, COALITION OF CALIFORNIA UTILITY EMPLOYEES, AND ALLIANCE FOR NUCLEAR RESPONSIBILITY 1 SETTLEMENT AGREEMENT BETWEEN PACIFIC GAS AND ELECTRIC COMPANY (U 39 E), THE COUNTY OF SAN LUIS OBISPO, THE CITY OF ARROYO GRANDE, THE CITY OF ATASCADERO, THE CITY OF MORRO BAY, THE CITY OF PASO ROBLES, THE CITY OF PISMO BEACH, THE CITY OF SAN LUIS OBISPO, THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, FRIENDS OF THE EARTH, NATURAL RESOURCES DEFENSE COUNCIL, ENVIRONMENT CALIFORNIA, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1245, COALITION OF CALIFORNIA UTILITY EMPLOYEES, AND ALLIANCE FOR NUCLEAR RESPONSIBILITY The County of San Luis Obispo (“County”), the Cities of Arroyo Grande, Atascadero, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo (collectively, the “Cities”), the San Luis Coastal Unified School District (“District”), Pacific Gas and Electric Company (“PG&E”), and Friends of The Earth, Natural Resources Defense Council, Environment California, International Brotherhood of Electrical Workers Local 1245, Coalition of California Utility Employees, and Alliance For Nuclear Responsibility (together with PG&E, the “Joint Parties” to the Joint Proposal filed as Attachment A to the Application in the above-referenced proceeding) (collectively, the “Parties”), enter into this Settlement Agreement (“Settlement”) as a compromise of their respective litigation positions to resolve the disputed issues between the Parties raised in the above-captioned proceeding. This Settlement addresses the Community Impact Mitigation Program (“CIMP”) proposed by PG&E in this proceeding, including the ratemaking treatment for the CIMP. The Parties request the California Public Utilities Commission’s (“Commission”) approve the Settlement as just and reasonable. BACKGROUND A. On August 11, 2016, PG&E filed this Application seeking the Commission’s approval to implement portions of a Joint Proposal for the Retirement of Diablo Canyon Power Plant (“Joint Proposal”). Concurrent with filing the Application, PG&E also served its Prepared Testimony and workpapers. On September 15, 2016, the Cities filed a protest and motion for 2 party status in this proceeding and the District filed a response to the Application. The County served its response on September 15, 2016, but a filing error prevented the response from being docketed. The County filed a motion for leave to late-file a response to the Application on September 23, 2016; the motion was granted and the County formally filed its response October 6, 2016. On September 26, 2016, PG&E filed a reply to the responses and protests filed by parties, including those of the Cities, the County, and the District. B. In its Application, PG&E proposed a $49.5 million fund as part of the CIMP to provide transitional assistance to the local community in connection with the retirement of DCPP. PG&E proposed a stream of mitigation payments between 2017 and 2025 as a way to assist the local community to prepare and plan for the long-term loss of economic stimulus that DCPP provides. PG&E calculated the size of the community impact mitigation payments based upon the forecasted reductions in DCPP property tax base over that same period. The rapid loss of unitary tax funding levels will have significant impacts on the County, the District and 71 other local taxing jurisdictions. C. PG&E entered into settlement discussions with the Cities, the County, and the District to address concerns about PG&E’s proposal. The County, District, and PG&E each met with the the State Board of Equalization (“SBE”) to better understand the unitary tax allocation methodology and the implications for the local community assuming a 2024 (Unit 1) and 2025 (Unit 2) shutdown of DCPP. As a result of these discussions, the Parties have learned that the proposed $49.5 million mitigation fund was based on simplified assumptions and understates the reduction in unitary taxes that is likely to occur over the next 9 years. The County, District, PG&E, and the remaining Joint Parties have reached a compromise on the appropriate funding levels for an Essential Services Mitigation Fund, as set forth in this Settlement. 3 D. Public Utilities Code Section 712.5 (added by Senate Bill (“SB”) 968 (2016, Monning)) requires the Commission to cause an assessment of adverse and beneficial economic impacts for the County and surrounding regions that could occur due to the shutdown of DCPP (“Monning Report”). The Monning Report will review potential actions for the state and local jurisdictions to consider in order to mitigate the economic impacts of a shutdown. The Cities have requested that the Commission review such issues in this proceeding and have expressed concern that the Monning Report will not be completed in time for consideration in the proceeding. The County has suggested the Monning Report be considered in a second phase of this proceeding or a separate proceeding initiated after this proceeding concludes. PG&E has taken the position that such economic impacts are out of scope in this proceeding given the separate procedural path specified by the California Legislature for review. On November 18, 2016, the Assigned Commissioner and Administrative Law Judge filed the scoping memo in this matter, finding community economic impacts to be within the scope of the current proceeding. Notwithstanding that ruling, the Cities, County, PG&E, and the remaining Joint Parties have reached a compromise on the procedural path for the future evaluation of economic impacts and the creation of an Economic Development Fund, as set forth in this Settlement. E. In the Application, PG&E also proposed to continue support for local emergency planning and preparedness after the cessation of plant operations in 2025. The County has requested assurances that PG&E’s commitment to supporting local emergency planning and preparedness will also continue for the duration of DCPP’s operation through 2025 as well as after the cessation of plant operations. The County, PG&E, and the other Joint Parties have reached a compromise that provides these assurances, as set forth in this Settlement. 4 SETTLEMENT TERMS AND CONDITIONS In order to avoid the risks and costs of litigation, the Parties agree to the following terms and conditions as a complete and final resolution of the CIMP-related issues between the Parties in this proceeding, subject to reservations of rights set forth herein by the County, the District, the Cities, and PG&E to address economic impact issues in a future proceeding informed by the Monning report and other subsequently developed economic impact data. Not all Parties have agreed to all terms set forth in the Appendices to this Agreement. Each of the Parties has agreed to support those Appendices described in Sections 1-3, below, in which the specific Party is named. Each of the Parties agree not to oppose any terms set forth in the Appendices to this Settlement to which the Party has not specifically agreed. 1. Essential Services Mitigation Fund 1.1. The County, District, PG&E, and the Joint Parties agree to the terms governing an Essential Services Mitigation Fund, as set forth in Appendix 1 to this Settlement. 2. Evaluation and Mitigation of Regional Economic Impacts 2.1. The Cities, County, PG&E, and the Joint Parties agree to the terms governing the evaluation and mitigation of regional economic impacts, including the process for further consideration of the Monning Report and the creation of an Economic Development Fund, as set set forth in Appendix 2 to this Settlement. 3. Emergency Planning and Preparedness and Future Land Use 3.1. The County, PG&E, and the Joint Parties agree to the terms governing emergency planning and preparedness and the future use and disposition of DCPP lands, as set forth in Appendix 3 to this Settlement. 5 4. Support for Other Provisions of the DCPP Application 4.1. The Parties agree it is critical to retain the highly-skilled workforce at Diablo Canyon during the remaining years of operations in order to continue safe and relaible operations. The Parties support the approval of the Employee Program as described in Chapter 7 of the DCPP Application. 4.2. The County, Cities, and the District have reviewed all other portions of PG&E’s Application, testimony, and workpapers and do not oppose or take no position on the relief requested in PG&E’s Application, as modifed by this Settlement. 5. Modification to the Joint Proposal 5.1. This Settlement results in a modifcation to Section 4 of the Joint Proposal, by and among PG&E, Friends of The Earth, Natural Resources Defense Council, Environment California, International Brotherhood of Electrical Workers Local 1245, Coalition of California Utility Employees, and Alliance For Nuclear Responsibility. The Joint Parties hereby agree upon and support such modification. GENERAL PROVISIONS 6. Scope and Approval 6.1. In accordance with Rule 12.5, the Parties intend that Commission adoption of this Settlement will be binding on the Parties, including their legal successors, assigns, partners, members, agents, parent or subsidiary companies, affiliates, officers, directors, and/or employees. Unless the Commission expressly provides otherwise, and except as otherwise expressly provided herein, such adoption does not constitute approval or precedent for any principle or issue in this or any future proceeding. 6 6.2. The Parties agree that this Settlement is subject to approval by the Commission. After the Parties have signed this Settlement, the Parties shall jointly file a motion for Commission approval and adoption of this Settlement, which may be submitted along with additional partial settlements in this proceeding. The Parties will furnish such additional information, documents, and/or testimony as the ALJ or the Commission may require in granting the motion adopting this Settlement. 6.3. The Parties agree to support the terms of this Settlement to which they have expressly agreed and to use their best efforts to secure Commission approval of those terms in their entirety without modification. 6.4. The Parties agree to recommend that the Commission approve and adopt this Settlement in its entirety without change. 6.5. The Parties agree that, if the Commission fails to adopt this Settlement in its entirety and without modification, the Parties shall convene a settlement conference within fifteen (15) days thereof to discuss whether they can resolve the issues raised by the Commission’s actions. If the Parties cannot mutually agree to resolve the issues raised by the Commission’s actions, the Settlement shall be rescinded and the Parties shall be released from their obligation to support the Settlement. Thereafter, the Parties may pursue any action they deem appropropriate, but agree to cooperate in establishing a procedural schedule. 6.6. The Parties agree to actively and mutually defend all terms of this Settlement to which each Party has agreed if the adoption of those terms is opposed by any other party. 6.7. This Settlement constitutes a full and final settlement of all issues reviewed by the County, Cities, and District in the above-captioned proceeding. This Settlement constitutes the Parties’ entire settlement concerning the CIMP, which cannot be amended or modified without the express written and signed consent of all the Parties hereto. 7 7. Miscellaneous Provisions 7.1. The Parties agree that no signatory to the Settlement or any employee thereof assumes any personal liability as a result of the Settlement. 7.2. If any Party fails to perform its respective obligations under the Settlement, the other Party may come before the Commission to pursue a remedy including enforcement. 7.3. The provisions of this Settlement are not severable. If the Commission, or any competent court of jurisdiction, overrules or modifies as legally invalid any material provision of the Settlement, the Settlement may be considered rescinded as of the date such ruling or modification becomes final, at the discretion of the Parties. 7.4. The Parties acknowledge and stipulate that they are agreeing to this Settlement freely, voluntarily, and without any fraud, duress, or undue influence by any other party. Each party states that it has read and fully understands its rights, privileges, and duties under the Settlement, including each Party’s right to discuss the Settlement with its legal counsel and has exercised those rights, privileges, and duties to the extent deemed necessary. 7.5. In executing this Settlement, each Party declares and mutually agrees that the terms and conditions to which it has expressly agreed are reasonable, consistent with law, and in the public interest. 7.6. No Party has relied, or presently relies, upon any statement, promise, or representation by any other Party, whether oral or written, except as specifically set forth in this Settlement. Each Party expressly assumes the risk of any mistake of law or fact made by such Party or its authorized representative. 7.7. This Settlement may be executed in separate counterparts by the different Parties hereto with the same effect as if all Parties had signed one and the same document. All such 8 counterparts shall be deemed to be an original and shall together constitute one and the same Settlement. 7.8. Except as otherwise specifically provided in Appendix 2 specifying time of payment of the Economic Development Fund within 30 days after Commission’s approval of the Application, Joint Proposal, and this Settlement, this Settlement shall become effective and binding on the Parties as of the date it is approved by the Commission in a final and non- appealable decision. 7.9. This Settlement shall be governed by the laws of the State of California as to all matters, including but not limited to, matters of validity, construction, effect, performance, and remedies. The Parties mutually believe that, based on the terms and conditions stated above, this Settlement is reasonable in light of the whole record, consistent with the law, and in the public interest. The Parties’ authorized representatives have duly executed this Settlement on behalf of the Parties they represent. PACIFIC GAS AND ELECTRIC COMPANY Name: Title: Date: COUNTY OF SAN LUIS OBISPO Name: Title: Date: 9 SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT Name: Title: Date: CITY OF ARROYO GRANDE Name: Title: Date: CITY OF ATASCADERO Name: Title: Date: CITY OF MORRO BAY Name: Title: Date: CITY OF PASO ROBLES Name: Title: Date: CITY OF PISMO BEACH Name: Title: Date: CITY OF SAN LUIS OBISPO Name: Title: Date: FRIENDS OF THE EARTH Name: Title: Date: SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT Name: Title: Date: ------------------- CITY OF ATASCADERO Name: Title: Date: ------------------- CITY OF PASO ROBLES Name: Title: Date: ------------------ CITY OF SAN LUIS OBISPO Name: Title: Date: ------------------- 9 CITY OF ARROYO GRANDE ~UJvu~ Name: p ~ Title: ~ AJ() lllrn...> Date: 1JuurJ.wv / S , lO J V • CITY OF MORRO BAY Name: Title: Date: __________________ _ CITY OF PISMO BEACH Name: Title: Date: ------------------- FRIENDS OF THE EARTH Name: Title: Date: ------------------ 10 NATURAL RESOURCES DEFENSE COUNCIL Name: Title: Date: ENVIRONMENT CALIFORNIA Name: Title: Date: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1245 Name: Title: Date: COALITION OF CALIFORNIA UTILITY EMPLOYEES Name: Title: Date: ALLIANCE FOR NUCLEAR RESPONSIBILITY Name: Title: Date: 1 Appendix 1 - Essential Services Mitigation Fund Terms (District/County/PG&E) 1. The Essential Services Mitigation Fund (“ESMF”) will be increased from $49.5 million to $75 million, of which $10 million will be dedicated to an educational foundation to be designated by the San Luis Coastal Unified School District (“District”). These funds, including the $10 million portion to be dedicated to a District educational foundation, will be distributed to San Luis Obispo County (“County”) in nine equal annual installments through 2025. The funds will be distributed on September 1st of each year, following a final and non-appealable CPUC decision approving the settlement and the DCPP Application, as revised. If final and non-appealable CPUC approval of this settlement is not obtained by September 1, 2017, the first distribution will occur 30 days after such approval is issued, unless otherwise agreed. The parties will meet and confer within 30 days of the filing of any application for rehearing or appeal of the CPUC decision approving this Settlement. The payments will continue as scheduled for the full 9 year period even in the event one or both DCPP Units closes early. The Parties accept the risk that DCPP may close before the scheduled dates in 2024 and 2025 and will not request any additional financial compensation in such an event. 2. The County will redistribute the funds based on a revision of the 2015/2016 unitary factors to the taxing jurisdictions whose unitary tax funding is negatively impacted by the closure of Diablo Canyon within two weeks of receiving the PG&E payment and will cause $2 million of the District’s share of each of the first five installment payments to be deposited into the account of the District’s designated educational foundation. The recalculation of the unitary tax factors will exclude local agencies whose funding is not impacted by unitary tax. The allocation that the County shall use in allocating the ESMF is set forth in Attachment A to this Appendix 1. 3. The parties agree that the compromise they have reached is a settlement and is not intended to be a substitute or in-lieu tax payment. Estimating potential tax revenue declines is simply one of many factors the parties considered in developing an appropriate and reasonable ESMF. 4. The ESMF will be included as part of the overall Community Impact Mitigation Program and collected in rates through the nuclear decommissioning charge over the remaining life of the plant, as described in Chapter 10 of the DCPP Application. 5. The County and District agree to support the Employee Program set forth in the Application and to not oppose the remaining provisions of the Application, as may be modified through settlements with other parties. 6. This term sheet is subject to (i) final approval by all parties; (ii) negotiation and execution of a final settlement agreement; (iii) agreement by the Joint Parties to the PG&E Joint Proposal for Diablo Canyon (to the extent the terms and conditions result in modifications to the Joint Proposal) and (iv) approval by the CPUC. 1 | P a g e Attachment A to Appendix 1: Distribution of the Essential Services Mitigation Fund The Essential Services Mitigation Fund (ESMF) of $75,000,000 is created to assist local jurisdictions whose annual budgets will be impacted by the decline in unitary tax over the next nine years. Local jurisdictions (71) currently receiving unitary tax include the County of San Luis Obispo, Incorporated Cities, Special Districts and Basic-Aid School Districts. The San Luis Obispo County Auditor-Controller-Treasurer-Tax Collector has developed Schedule 1 by starting with 2015/2016 unitary factors and redistributing the percentages allocated to agencies whose budgets are not impacted by the decline in unitary tax. Those agencies’ (non-basic aid schools and redevelopment agencies) percentages were redistributed based on the actual 2015/2016 unitary factors so that the allocations of the ESMF include only those agencies whose annual budgets are adversely impacted by the closure of DCPP. The County Auditor-Controller-Treasurer- Tax Collector will distribute the amounts identified in Schedule 1 to the 71 agencies within two weeks of receiving the annual payment by PG&E. The ESMF is not Unitary Tax and will not change any prescribed Unitary Tax distributions. The ESMF will be distributed annually in 9 equal and consecutive payments of $8,333,333.33 from PG&E to the County of San Luis Obispo on the 1st of September beginning in 2017. If final and non-appealable CPUC approval of this settlement is not obtained by September 1, 2017, the first distribution will occur 30 days after such approval, unless otherwise agreed. The payments will continue as scheduled for the full 9-year period even in the event one or both DCPP Units closes early. The total distribution to San Luis Coastal Unified School District includes $10 million that will be dedicated to an educational foundation to be designated by the District. The County will cause $2 million of the District’s share from each of the first 5 installment payments to be deposited to the account of the District’s Educational Foundation. The other receiving agencies will not be impacted by this distribution. Schedule 1 Agency Essential Services Mitigation Fund of 75 Million 9 Annual Payments of $8,333,333.33 County of San Luis Obispo – General Fund $3,106,644.19 Roads $130,559.76 Air Pollution Control District $13,202.49 San Luis Obispo County Library $223,570.15 2 | P a g e Schedule 1 – continued Agency Essential Services Mitigation Fund of 75 Million 9 Annual Payments of $8,333,333.33 Garden Farms Water $273.50 Santa Maria Valley Water Conservation District $356.23 Cambria Community Hospital $2,823.44 Cayucos Sanitary District $4,030.04 City of Arroyo Grande $30,202.90 City of Atascadero (including sanitation) $40,440.60 City of Grover Beach $12,615.28 City of Morro Bay $104,716.70 City of Paso Robles $40,387.74 City of Pismo Beach $20,581.13 City of San Luis Obispo $76,962.63 Cachuma Resource Conservation District $210.29 Post San Luis Harbor District $170,300.53 California Valley Community Services District $1,330.71 Nipomo Community Services District $3,608.31 Cambria Community Services District $13,658.70 San Simeon Acres Community Services District $667.65 Templeton Community Services District $5,235.49 Nipomo Sewer Maintenance $103.42 Nipomo Drain Maintenance $103.42 Linne Community Services District $119.51 Grover City Street Light District #1 $2,962.49 San Luis Obispo County Flood Control District $32,067.95 Nacimiento Water Services District $39,975.20 Flood Control Zone 1 $998.60 Flood Control Zone 1A $104.57 Flood Control Zone 3 $1,807.60 Flood Control Zone 9 $3,776.08 County Waterworks No. 8 $344.74 Nipomo Lighting District $241.32 San Miguel Community Services District - Lighting $613.64 County Service Area # 23(former Santa Margarita Lighting) $227.53 County Service Area #1 $65.50 County Service Area #1 Zone A $280.39 County Service Area #1 Zone B $143.64 County Service Area #1 Zone C $52.86 County Service Area #1 Zone D $212.59 County Service Area #7 $288.43 County Service Area #7 Zone A $1,184.77 County Service Area #7 Zone B $265.45 Los Osos Community Services District Zone A $2,022.49 Los Osos Community Services District Zone B $11,629.32 3 | P a g e Schedule 1 – continued Agency Essential Services Mitigation Fund of 75 Million 9 Annual Payments of $8,333,333.33 Los Osos Community Services District Zone C $116.06 Los Osos Community Services District Zone F $66.65 County Service Area #10 $998.60 County Service Area #12 $3,524.42 County Service Area #16 $217.19 Heritage Community Services District $1,740.95 San Miguel Sanitary District $429.78 Oceano Community Services District $5,668.72 Cayucos Fire District $1,290.49 San Miguel Community Services District - Fire $2,090.29 Santa Margarita Fire District $887.14 Arroyo Grande Cemetery District $897.48 Atascadero Cemetery District $2,489.04 Cambria Cemetery District $640.07 Cayucos-Morro Bay Cemetery District $10,058.44 Paso Robles Cemetery District $2,978.58 San Miguel Cemetery District $611.34 Santa Margarita Cemetery District $707.87 Shandon Cemetery District $480.34 Templeton Cemetery District $674.55 Avila Beach County Water District $31,330.20 Avila County Water Improvement District #1 $1,341.05 Coast Unified School District (Cayucos Elem) $16,515.47 Coast Unified School District $54,799.13 San Luis Coastal Unified School District – Note: For the first 5 distributions $2,000,000 will be deposited in the District’s Educational Foundation $4,090,809.51 Annual Total $8,333,333.33 1 Appendix 2 - Economic Development Fund Terms (Coalition Cities/County/PG&E) 1. The Parties agree that the economic impacts of DCPP closure should be considered as a part of a separate CPUC proceeding following issuance of the economic analysis specified in California Public Utilities Code Section 712.5 (“Monning Report”). The Parties support Commission approval of this settlement and proceeding with consideration of the remaining scope of the DCPP Application immediately, without delay for consideration of the economic impacts of DCPP closure. 2. The Parties agree that the DCPP Application should be revised to include a $10 million payment by PG&E to the County and to the Cities of Arroyo Grande, Atascadero, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo (collectively, the “Coalition of Cities”) to establish a fund for implementation of regional economic development and job creation programs (collectively, the “Economic Development Fund”). The County and the Coalition of Cities agree to further distribute those payments pursuant to the allocation methodology set forth in Attachment A. The purpose of the Economic Development Fund is to provide immediate funding for actions to create new economic development opportunities and mitigate impacts associated with the pending closure of DCPP. 3. Within 18 months of the payment by PG&E of the Economic Development Fund, the County and each of the Coalition of Cities will prepare a report that (i) enumerates and describes the expenditures from the Economic Development Fund and (ii) assesses the results and effectiveness of the economic development measures or programs resulting from such expenditures (the “Initial Report”). The County and each of the Coalition of Cities will prepare subsequent annual updates to the Initial Report until all Economic Development Fund revenues have been expended, at which time the reporting may cease. The Initial Reports and any subsequent updates will be provided to PG&E, and PG&E will submit the reports to the CPUC and make them available to the public. Reports shall report on expenditures on a fiscal year basis. In the event payment of the Economic Development Fund is delayed by any rehearing application or appeal of the CPUC’s decision approving the DCPP Application, the County and each of the Coalition Cities shall be entitled for purposes of the specified reporting to credit against the Economic Development Fund amounts expended by the Cities for purposes of economic development and impact mitigation between the date the CPUC first issues its decision and the date of payment of the Economic Development Fund pursuant to this agreement. 4. The County and Coalition of Cities commit to spending the Economic Development Fund solely for the purposes of economic development and impact mitigation purposes. 5. PG&E shall pay $400,000 of the total Economic Development Fund to the County within 30 days of issuance of a decision by the CPUC approving the DCPP Application and thereafter shall not request any reimbursement of payment from the County or the Coalition of Cities. PG&E shall pay the remaining balance of the Economic Development Fund within 30 days of the final and non-appealable approval of the DCPP Application, as revised consistent with this Settlement, unless otherwise agreed. The parties will meet and confer within 30 days of the filing of any application for rehearing or appeal of the CPUC decision approving this Settlement. 2 6. Following issuance of the Monning Report (per SB 968), the Commission will institute a new proceeding to evaluate the results of the Monning Report, take comment, and consider further action. The Parties reserve all rights in such proceeding to advocate for or to oppose further funding of economic impact mitigation by PG&E and/or its customers. PG&E specifically reserves the right to assert that no additional funding, beyond the mitigation payments provided by the DCPP Application, as modified by this settlement, is required, and the County and the Coalition of Cities or any of the cities specifically reserve the right to seek additional funding beyond the Economic Development Fund. In no event shall the Coalition of Cities or the County be required to refund any amount paid under this Settlement. 7. PG&E, the County, and the Coalition of Cities agree to work together to advocate jointly for additional funding or other assistance from the State of California and Federal government agencies, and their respective legislative bodies, to support the economic transition of the local community to an era without DCPP in operation. This provision is not intended to bind any Party to any financial commitment or specific position with respect to such advocacy. 8. The Economic Development Fund will be included as part of the overall Community Impact Mitigation Program, as described in Chapter 10 of the DCPP Application. 9. The County and the Coalition of Cities agree to support the Employee Program set forth in the Application and to not oppose the remaining provisions of the Application, as may be modified through settlements with other parties. 10. This term sheet is subject to (i) final approval by all parties; (ii) negotiation and execution of a final settlement agreement; (iii) agreement by the Joint Parties to the PG&E Joint Proposal for Diablo Canyon (to the extent the terms and conditions result in modifications to the Joint Proposal); and (iv) approval by the CPUC. Attachment A to Appendix 2 Distribution of Economic Development Fund County of San Luis Obispo/Coalition of Cities Total Amount County (40%) Coalition Share (60%) Regional Economic Development Arroyo Grande Atascadero Morro Bay Paso Robles Pismo Beach San Luis Obispo $10,000,000 $3,840,000* $5,760,000 $400,000** $747,422 $783,106 $497,472 $1,145,631 $767,028 $1,819,341 *The County will allocate $192,000 of this amount to the City of Grover Beach. ** To be distributed to the County for Regional Economic Development. 1 Appendix 3 – Emergency Planning and Future Land Use Terms (County/PG&E) Emergency Planning and Preparedness 1. The specific costs and detailed plans for emergency planning and preparedness (emergency management) through the decommissioning period will be definitively proposed in the site- specific decommissioning estimate to be submitted to the CPUC as specified in Chapter 8 of PG&E's prepared testimony supporting Application 16-08-006. The purpose of this agreement is to outline the intent of what will be submitted as part of the site-specific decommissioning estimate and is subject to CPUC approval and funding in nuclear decommissioning rates. 2. The parties recognize that PG&E will continue to fund, at current funding levels, the maintenance of all emergency response-related equipment, including the public warning sirens, as well as the approximately $4 million in funding for offsite state and local emergency planning functions, as required to be adjusted pursuant to state law, through cessation of plant operations in 2025. Infrastructure that is directly maintained by PG&E as of June 21, 2016, will continue to be fully maintained by PG&E. 3. In addition to continued funding per current state law, beyond the expiration of said law, the general intent is that the maintenance of the public warning sirens and funding for offsite community and local emergency planning functions (approximately $2 million forecast in 2017) will continue until all spent fuel is in dry cask storage and the two nuclear reactors are fully decommissioned (following the surrender of the Part 50 licenses). Using the formula established in Section 8610.5 of the California Emergency Services Act, funding for offsite community and local emergency planning functions will be paid directly to the County of San Luis Obispo. 4. The funding for other emergency preparedness equipment, training, emergency planning functions, and PG&E’s emergency response personnel will be informed by the reduced risks that remain and will be more definitively proposed in the site-specific decommissioning estimate. 5. The process for development of the site-specific decommissioning estimate will include formation of a decommissioning advisory panel, which will include representation from the County of San Luis Obispo, industry experts, state and local government representatives, and affected stakeholders. 6. Parties reserve their ability to make arguments in future decommissioning proceedings regarding necessary and appropriate emergency response and preparedness actions and costs associated with DCPP following the surrender of the Part 50 licenses. Future Land Use 1. Issues surrounding the disposition of lands related to DCPP, including future land uses, will be addressed in the DCPP site-specific decommissioning plan to be submitted in PG&E’s next Triennial Nuclear Decommissioning Proceeding, and the Parties agree they are not within scope of this proceeding. 2. As stated in the October 4, 2016, letter that PG&E sent to the County, which is Attachment A to this Appendix 3, PG&E agrees to complete a site-specific decommissioning plan for the facility 2 before making any decisions on the disposition of the DCPP lands. As part of this process, PG&E will convene a community advisory group that will give stakeholders an opportunity to help shape the future use of PG&E’s land plans prior to finalizing the site-specific plan. In the meantime, PG&E and its affiliate companies that hold a property interest in the DCPP lands will not make any commitments on land disposition or post-retirement land use, including the Wild Cherry Canyon parcels, until the stakeholder process is completed and PG&E’s recommendations have been considered by the Commission as part of the DCPP site-specific decommissioning plan. Thomas Patrick Jones Director, Strategic Initiatives 735 Tank Farm Road Suite 200 San Luis Obispo, CA 93401 805-595-6340 TPJ2@pge.com October 4, 2016 Dan Buckshi County Administrator Officer County of San Luis Obispo 1055 Monterey Street San Luis Obispo, CA 93408 Dear Mr. Buckshi: Pacific Gas and Electric Company (PG&E) has carefully reviewed the County of San Luis Obispo’s (County) September 15 response to PG&E’s Diablo Canyon Power Plant (DCPP) Application 16-08-006. One of the concerns raised by the County (and other locally-based parties) pertains to the future use of the 12,000 acres of lands surrounding DCPP after the facility is retired. In our September 26 reply to protests and responses, PG&E clarified that we do not yet have a plan for the future use of DCPP lands, that we will commence a public stakeholder process as we evaluate the options, and that we will submit a land use plan to the California Public Utilities Commission (CPUC) in the site-specific decommissioning plan for the facility, which PG&E will file as part of its next Nuclear Decommissioning Triennial Proceeding application in 2019. I am writing to assure you that PG&E intends to complete the site-specific decommissioning plan for the facility over the coming years with community input before making any decisions on the disposition of the DCPP lands. As part of this process, PG&E will convene a community advisory group that will give stakeholders an opportunity to help shape the future use of PG&E’s land plans prior to finalizing the site-specific plan. In the meantime, PG&E will not make any commitments on land disposition or post-retirement land use, including the Wild Cherry Canyon parcels, until the stakeholder process is completed and PG&E’s recommendations have been considered by the CPUC as part of the DCPP site-specific decommissioning plan. PG&E values and appreciates the active partnership of the County and other local stakeholders, and we look forward to continuing to work with you and the rest of the community in both the pending CPUC proceeding and the important decommissioning work to follow. Please feel free to contact me if I can provide any further assurance regarding these land disposition issues. Sincerely, Thomas P. Jones cc: City of Arroyo Grande City of Atascadero City Grover Beach City of Morro Bay City of El Paso de Robles City of Pismo Beach City of San Luis Obispo Friends of Wild Cherry Canyon Service List for CPUC Docket No. A.16-08-006 (via email only) Attachment A to Appendix 3 PG&E October 4, 2016 Letter to the County