Open Letter to Morro Bay City Council 

It is your duty to make informed decisions on behalf of the City and no doubt why you sought elected office. Unfortunately, A-24 will take away your authority and local voters’ authority and hand it to State Commissions, namely the California Energy Commission and the California Coastal Commission.

1. The MB City Attorney’s ‘Impartial Analysis of Morro Bay’s Measure A-24’ contains this caveat:

“Measure A-24 does not prohibit State mandates of preemptions superseding City control of land use designations for the Subject Property.  Such State control of land use would be applied pursuant to State law procedures and not be subject to a local election.” 

2. The California Energy Commission has the legal authority to overrule local opposition:

California Assembly Bill 205 provides that the Commission’s issuance of a certificate shall “be in lieu of any permit, certificate, or similar document required by any state, local, or regional agency,”

3. The Coastal Commission is legally bound to address climate change and by extension, clean energy projects: 

“(T)he Commission must consider climate change, including global warming and potential sea level rise, through its planning, regulatory, and educational activities, and work to reduce greenhouse gas emissions and the detrimental impacts of global warming on our coast.”  

I would prefer that you, the City Council, make informed decisions about the needs of our City.  State Commissions may or may not require Vistra to take down the plant and stacks or include other benefits that the City could negotiate on its own behalf.

Carol Swain

Morro Bay

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