April 25, 2002
Contact: Babak Naficy, EDC: 805-781-9932

LOCAL GROUPS WIN MAJOR ENVIRONMENTAL VICTORY IN DUKE POWER PLANT EXPANSION PROJECT
California Energy Commission Staff Recommend Alternative to Proposed Project to Minimize Impacts To Morro Bay and Estuary Resources

San Luis Obispo, CA.- In a stunning victory for the environment and environmental advocates, today the California Energy Commission ("CEC") staff officially recommended denial of Duke Energy's application to replace the existing Morro Bay Power Plant as proposed. In the Final Staff Assessment Report that was released today, the CEC staff concluded that the "Use of once-through cooling would result in significant impacts to the aquatic resources." The CEC staff identified "dry cooling" and hybrid (wet/dry) systems as a feasible alternative to the once through cooling design, which is currently used by the existing plant at Morro Bay.

Significantly, the CEC report also found that dry cooling meets the federal Clean Water Act's requirement that "the Best Technology Available" be implemented under the National Pollutant Discharge Elimination System (NPDES) permit. The staff Assessment predicts that the Regional Water Quality Control Board will follow suit and require dry cooling.

The CEC Staff's Report vindicates the position advanced by the Environmental Defense Center (EDC) and the Coastal Alliance on Plant Expansion (CAPE), groups that have been closely tracking this project. Based on careful analysis of the biological studies and requirements of the applicable law, EDC and CAPE have been advocating for dry cooling or hybrid cooling in order to avoid the significant harm caused to the fragile Morro Bay Estuary.

"EDC and CAPE are very pleased with the staff report," said Babak Naficy, Senior Staff Attorney at EDC. "We are confident that the CEC will accept its own staff's recommendation and deny Duke's application until it submits alternative plans that would minimize impacts on the Morro Bay Estuary."

Since 1977, EDC has been serving California's Central Coast as the only nonprofit, public interest environmental law firm between Los Angeles and San Francisco. EDC represents citizen groups and educates the community on issues involving water quality and watersheds, biodiversity and endangered species, environmental health and justice, land use and open space, offshore oil and gas, and access to public lands. For more information, contact EDC at (805) 781-9932 or visit www.edcnet.org.
The Coastal Alliance on Plant Expansion (CAPE) is compromised of a group of San Luis Obispo residents dedicated to ensuring that the Duke's proposal for the replacement of the Morro Bay Power Plant undergoes adequate environmental review and all significant impacts are adequately mitigated.