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TDPUD - LAFCo Settle Lawsuit

Settlement Agreement Reached on draft EIR

Post Date:12/15/2011

Click Here for .pdf of Press Release

LAFCo Media Contact Person: SR Jones
(530-265-7180, sr.jones@co.nevada.ca.us)

TDPUD Media Contact Person: Steve Poncelet
(530-582-3951, stevenponcelet@tdpud.org)

For Immediate Release

Nevada County LAFCo and Truckee Donner PUD Settle Lawsuit
- Agencies agree to work together to resolve dispute

TRUCKEE, Calif. (December 15, 2011) – Nevada County Local Agency Formation Commission (LAFCo) and the Truckee Donner Public Utility District (TDPUD) have announced a settlement to the lawsuit recently filed by the TDPUD.

The lawsuit challenged both the adequacy under the California Environmental Quality Act (CEQA) of the Supplemental Environmental Impact Report (SEIR) prepared by LAFCo and the process of its adoption. The challenged report was prepared in connection with the adoption of an updated Sphere of Influence for the Truckee Sanitary District.

LAFCo reviewed its document and process and concluded that there were administrative procedural errors and is willing to prepare an enhanced analysis of Greenhouse Gases emissions to address TDPUD’s concerns. The parties met and agreed that it was in the public interest to settle the litigation, rescind the challenged approvals and focus efforts on developing improved processes and environmental documentation.

LAFCo and TDPUD have therefore entered into a settlement agreement. LAFCo is proceeding to consider rescission of its approval of the Truckee Sanitary District Sphere and SEIR. The LAFCo decision on the rescission was considered at the December 15, 2011 LAFCo meeting held at the County Administrative Center in Nevada City. As agreed upon completion of the rescission, TDPUD will dismiss its lawsuit and waive its claim for legal costs.

After the rescission, LAFCo will proceed to prepare a new environmental analysis in connection with the update of the Truckee Sanitary District Sphere of Influence. The TDPUD has agreed to work with Nevada County LAFCo to provide data and support on the new Greenhouse Gas analysis which will also be relevant to LAFCo’s review of the TDPUD’s Sphere of Influence. The goal is for LAFCo to fulfill its statutory obligations to update special district spheres, while complying with the requirements of the California Environmental Quality Act.

For additional information please contact TDPUD’s Steven Poncelet, 530-582-3931, stevenponcelet@tdpud.org and Nevada County LAFCo’s S.R. Jones, 530-265-7180, lafco@co.nevada.ca.us.

About Truckee Donner Public Utility District:
The TDPUD is a non-profit, publicly owned utility founded in 1927 and overseen by a locally elected board of directors. TDPUD provides the greater Truckee area with reliable and high quality water and power services while guiding the community to conserve resources. For more information about the TDPUD, call 530-587-3896 or visit www.TDPUD.org.

About Nevada County Local Agency Formation Commission:
Nevada Local Agency Formation Commission is a public agency established by the State of California, as set forth by the Cortese Knox Hertzberg Act Sections 56000 et seq of the Government Code. The LAFCo Commission is comprised of local elected officials from Nevada County cities, special districts and county board of supervisors. LAFCos were established to promote efficient public services, logical government boundaries, to preserve open space and agricultural lands and to discourage urban sprawl.
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