statutes by which, according to Acton, and Resolving SCE may request the California Amended Complaint Department of Transportation as Matter of Law, (CalTrans) to withdraw any existing November 1, 2013, at permits for the non-conforming 34). billboard mentioned in Decision Ordering Paragraph 7, or with contact information for knowledgeable personnel at CalTrans, SCE must follow See page 16 of the Amended up in an appropriate manner.” Complaint. The position was ATC’s The ATC demonstrated that, despite confirmed when SCE averred it had multiple requests from the ATC, SCE merely contacted the billboard owner had not taken any meaningful steps to and had taken no further action. [SCE comply with OP 7 of D.09-12-044 by Motion filed June 12, 2013 page 7] working with the Acton Town Council to affect removal of the non-conforming billboard. If the ATC had not pursued this element of the complaint, SCE would still be sidestepping its obligation to comply with Ordering Paragraph 7 of The efforts in C.12-09-002 ATC’s regarding this issue were undertaken in the and will benefit the public’s interest public at large by ensuring that structures within SCE rights of way properly conform with applicable zoning standards, and by ensuring that SCE properly implements Ordering Paragraph 7 of D.09-12-044. In pursuing this element of the complaint, the ATC did not seek, nor did it receive, a that could or would “personal remedy” benefit any member of the ATC itself. 3. The Commission granted the The relief requested by the ATC was Yes. ATC’s requested relief by finding that SCE that the Commission find SCE had violated mitigation measure B-1c violated TRTP EIR resource (adopted by D.09-12-044) because it did protection provisions when it failed to not apply Sporax outside U.S. Forest apply Sporax along the entire TRTP Service Lands. The Commission route [Amended Complaint Item E]. measure B-1c is concluded “MMP unequivocal; Sporax must be applied, D.13-10-058 Conclusion of Law 15 Project-wide, on both USFS and lands to all conifers and hardwoods that are 3 inches DBH or greater. arguments to the SCE’s contrary lack all merit”.
statutes by which, according to Acton, SCE may request the California Department of Transportation (CalTrans) to withdraw any existing permits for the non-conforming billboard mentioned in Decision Ordering Paragraph 7, or with contact information for knowledgeable personnel at CalTrans, SCE must follow up in an appropriate manner.” The ATC demonstrated that, despite multiple requests from the ATC, SCE had not taken any meaningful steps to comply with OP 7 of D.09-12-044 by working with the Acton Town Council to affect removal of the non-conforming billboard. If the ATC had not pursued this element of the complaint, SCE would still be sidestepping its obligation to comply with Ordering Paragraph 7 of The ATC’s efforts in C.12-09-002 regarding this issue were undertaken in the public’s interest and will benefit the public at large by ensuring that structures within SCE rights of way properly conform with applicable zoning standards, and by ensuring that SCE properly implements Ordering Paragraph 7 of D.09-12-044. In pursuing this element of the complaint, the ATC did not seek, nor did it receive, a “personal remedy” that could or would benefit any member of the ATC itself. See page 16 of the Amended Complaint. The ATC’s position was confirmed when SCE averred it had merely contacted the billboard owner and had taken no further action. [SCE Motion filed June 12, 2013 page 7] and Resolving Amended Complaint as Matter of Law, November 1, 2013, at 34). 3. The Commission granted the ATC’s requested relief by finding that SCE violated mitigation measure B-1c (adopted by D.09-12-044) because it did not apply Sporax outside U.S. Forest Service Lands. The Commission concluded “MMP measure B-1c is unequivocal; Sporax must be applied, Project-wide, on both USFS and lands to all conifers and hardwoods that are 3 inches DBH or greater. SCE’s arguments to the contrary lack all merit”. The relief requested by the ATC was that the Commission find SCE had violated TRTP EIR resource protection provisions when it failed to apply Sporax along the entire TRTP route [Amended Complaint Item E]. D.13-10-058 Conclusion of Law 15 Yes.