EXECUTIVE ORDER D-73-03


WHEREAS, on October 25, 2003, I proclaimed a State of Emergency in San Bernardino and Ventura Counties due to conditions of extreme danger and widespread destruction caused by wildfires; and

WHEREAS, on October 26, 2003, I proclaimed a State of Emergency in Los Angeles and San Diego Counties due to conditions of extreme danger and widespread destruction caused by wildfires; and

WHEREAS, these wildfires have caused outages on many of the transmission lines that transfer power into the Southern California region; and

WHEREAS, the Southern California region depends on power flowing on transmission lines from other areas to meet its load requirements; and

WHEREAS, these wildfires have caused the California Independent System Operator to operate under an emergency condition requiring available generation to run at full capacity; and

WHEREAS, meeting the requirements of the California Independent System Operator may require a generator to exceed the limitations in one or more permits; and

WHEREAS, for a limited period of time, it may be necessary to authorize generators to run in excess of certain permit limitations to provide the power necessary to the health, safety and welfare of citizens of the affected counties and those first responders aiding them;

NOW, THEREFORE, I, GRAY DAVIS, Governor of the State of California, by 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 Secretary of the California Environmental Protection Agency determine whether it is necessary for a generator of power to exceed one or more permit limitations to maintain vital power supplies to the affected areas, and upon making that determination, so inform the permit holder and the agency that issued the permit.

IT IS FURTHER ORDERED THAT in making any such determination, the Secretary of the California Environmental Protection Agency shall specify the specific limitation and the period of time with respect to which that permit limitation may be exceeded.

IT IS FURTHER ORDERED THAT both the nature and the period of the authorized exceedance shall be as limited as is reasonably necessary; in no instance may the exceedance extend beyond the duration of the emergency.

IT IS FURTHER ORDERED THAT no state official may initiate any action to enforce such a permit limitation or seek penalties for any exceedance authorized by the Secretary that occurs during a period covered by the Secretary’s determination.

IT IS FURTHER ORDERED THAT the authority given to the Secretary of the California Environmental Protection Agency by this order shall expire on November 10, 2003, and notwithstanding any other provision of this order, no permit exceedance may extend beyond November 10, 2003.

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