On January 30, 2025, the California Public Utilities Commission (CPUC) adopted General Order (GO) 131-E, updating rules for the CPUC’s electric infrastructure permitting processes. GO 131-E supersedes GO 131-D and is effective immediately.
Notably, GO 131-E allows applicants to prepare a draft version of an initial study, Negative Declaration (ND), Mitigated Negative Declaration, Environmental Impact Report (EIR), Addendum, or analysis of the applicability of an exemption from the California Environmental Quality Act (CEQA) in lieu of a Proponent’s Environmental Assessment. When electing to submit a draft version of an environmental document, the applicant must first initiate pre-filing consultation with the CPUC’s Energy Division staff a minimum of 6 months prior to filing the application. When preparing a draft EIR, the range of reasonable alternatives to a proposed project may be limited to the alternatives assessed in the applicable California Independent System Operator’s transmission plan and the “no action” alternative.
Unlike GO 131-D, GO 131-E defines electrical infrastructure terms in the order, providing greater clarity for applicants on whether their project requires a Certificate of Public Convenience and Necessity (CPCN) or Permit to Construct (PTC) or qualifies for an exemption from the PTC. Terms such as extension, expansion, and modification are now defined in GO 131-E.
GO 131-E does not introduce significant changes to the CPCN and PTC application processes. GO 131-E has reorganized the structure of the order and edited language to clarify when a CPCN is required and when a PTC or PTC exemption applies. Additionally, “switchyards” have been added to the infrastructure listed in Section III.A and Section III.B of GO 131-E.
Section III.B.2 of GO 131-E, which lists exemptions from a PTC, does not specify the significance of an environmental impact pursuant to CEQA. Previously, GO 131-D indicated that the final CEQA document (EIR or ND) needed a finding no significant unavoidable environmental impacts caused by the proposed line or substation in order for certain exemptions from a PTC to apply. GO 131-E removes the reference to the significance of an impact pursuant to CEQA, describing that “exemptions cited in III.B.2 (a) through (d) and (f) shall not apply when there is reasonable possibility that the activity may impact an environmental resource of hazardous or critical concern pursuant to § 15300.2(a) of the CEQA Guidelines where designated, precisely mapped and officially adopted pursuant to law by federal, state, or local agencies.”
GO 131-E introduces minor changes to the notice of filing for a CPCN or PTC application. GO 131-E adds the California Coastal Commission to the list of agencies and subdivisions that need to receive the notice of filing for a CPCN or PTC application. When an applicant is exempt from a PTC application and submitting a notice of construction, GO 131-E now specifies the filing of a Tier 2 advice letter with the CPUC’s Energy Division. Previously, GO 131-D specified the filing of an informational advice letter.