Poseidon Desalination Appeal Update Residents for Responsible Desalination Surfrider Foundation Orange County Coastkeeper

Poseidon Business Plan: Co-Location in 2000 and Now - Utilize existing intake system -Utilize hot water discharge We warned Poseidon and the City of the flawed plan in 2002.

Permits, Appeals, Postponements City CDP 2005 Appeal 2006 Commission found Substantial Issues We request hearing -- they request postponement CDP expires 2010 & New CDP Approved Appeal 2010 Commission found SI again We request hearing -- they request postponement

Foreseeable Predictions Become Current Reality 2011: Cooling Water Policy finally adopted Desalination Policy started AGAIN – “reasonably foreseeable” predictions BUT – still no change to Poseidon’s plan

De Novo Hearing November 2013: Appeal hearing New science from SWRCB process introduced New issues from CEC process introduced HB City Council majority requests denial Regional Board clarifies permit limits Poseidon requests ANOTHER postponement (after claiming dire urgency a couple hours earlier)

SO WHAT NOW? What Next? -Poseidon says it’s just the intake(?) -Expert panel proceeding -We say it’s EVERYTHING in the appeal (and the other permits) -Your staff agrees (Thanks!) -Regional Board & SWRCB agree -BUT, we’ll wait for the de novo hearing -AND, new issues and info may arise

Conclusion: Citizen Appeals Are Important We’re the front line of enforcement. “Quasi-judicial” shouldn’t be mixed with “regulatory” authority. We were right in 2006 and we’re right now. The November discussion proves it. Postponements can’t be used as self-serving “urgency.”