Diablo Canyon Decommissioning Engagement Panel

Public Comments

DateDecommissioning TopicComment / Suggestion:Group Affiliation, if any (Optional)
March 27, 2020Lands

Hello,

For the past four years I have worked as a Point Buchon trail manager. During that time I have had the pleasure and the privilege to witness the changes to the landscape and marine environment during each season as well as to witness the abundant wildlife each day. I could go on and on about the uniquely beautiful and relatively unspoiled habitat this four mile stretch of coastal bluffs, foothills and grassland terraces provide for people to enjoy hiking and important habitat for native wildlife.
So, I’ll get to my point. I strongly believe that the land occupied by the Point Buchon trail should continue in much the same way it has been since I have worked there - providing managed access for people to enjoy the bluff trail 4-5 days each week and, provide habit for the unique and varied flora and fauna.
I would be happy to speak with anyone from the panel regarding my experience, knowledge and perspective about the this amazing stretch of coastline - one of the most beautiful in the world!
Thank you for your thoughtful, forward thinking consideration.

March 25, 2020Lands

The CPUC should hold a workshop in San Luis Obispo specifically on the Diablo Canyon Lands (since we are directly impacted) after the Coronavirus risk has passed and before the new policy guidelines are adopted; and
Any land transfers occurring under the Tribal Land Transfer Policy must be accompanied by a conservation easement, to ensure the permanent conservation of the land’s resources and protection of sustainable public access.

March 24, 2020Lands

My comment concerns the new Tribal Land Policy as relates to Diablo Canyon lands

The very definition of which Native American groups qualify as stakeholders in this matter is also not clear to me. Are the members or leaders of such groups required to document their ancestry or historical connections to the lands? That would seem a difficult burden to meet, given the lack of record keeping at the time when these peoples were removed from their lands. On the other hand, it would seem appropriate to make sure that those claiming tribal status truly are representing the interests of such a people.

Given that plant closure will not be complete until the end of 2025, and that decommissioning will happen in stages over decades, there is no time pressure at present to make decisions regarding the adoption and application of the new policy. The CPUC should hold a workshop in San Luis Obispo County after the Coronavirus threat has passed and before the new policy guidelines are passed.

It will be important that any future land transfers be accompanied by a conservation easement, to ensure the permanent conservation of the land’s resources and the protection of sustainable public access.

I urge the DCDEP to follow this process within the CPUC closely, and to assert itself into the hearing process as appropriate.

L. Jane Swanson
janeslo@icloud.com

speaking as an individual
March 24, 2020Lands

The CPUC should hold a workshop in San Luis Obispo (since we are directly impacted) before the new policy guidelines are adopted. Also, any land transfers occurring under the Tribal Land Transfer Policy must be accompanied by a conservation easement, to ensure the conservation of the land’s resources and protection of sustainable public access.
Chris Barrett
Arroyo Grande, CA

March 24, 2020Lands

I wish to express the conviction that any transfer of lands by means of the Tribal Land Transfer Policy, of which I strongly approve, include a conservation easement to require the permanent protection of sustainable public access and natural resources. We don't want such transfers to facilitate movement of land from public into private for-profit ownership.

Additionally, it seems clear that there must be a pause in this process involving the Diablo Canyon Lands to allow for a workshop in San Luis Obispo after the Covid-19 crisis has declined. The residents of the Diablo Canyon area should be informed and be able to participate in this discussion process before adoption of new policy guidelines.

The construction of a nuclear power plant on the California coast adjacent to earthquake faults both on land and in the ocean has endangered these people for decades. They should be involved in the resolution of this matter and assured their lives won’t be further impacted by any land transfer agreement lacking a conservation easement.

As a native Californian I had the pleasure of traveling up beautiful Highway 1 many times throughout my childhood to camp in northern California’s redwood parks. It was appalling to me to see a nuclear power plant built on our coast, and sited similarly to the Fukushima nuclear power plant which continues to poison our small planet’s land and oceans. Great care needs to be taken in the decommissioning of this power plant to ensure no further harm comes from it.

March 23, 2020Lands

Dear Commissioners/ Panel Members:
We strongly agree with SLO Mothers for Peace and ask you to consider the following two points:
1. The CPUC should hold a workshop in San Luis Obispo specifically on the Diablo Canyon Lands (since we are directly impacted) after the Coronavirus risk has passed and before the new policy guidelines are adopted;
2. Any land transfers occurring under the Tribal Land Transfer Policy must be accompanied by a conservation easement, to ensure the permanent conservation of the land’s resources and protection of sustainable public access.

Sincerely

Mary Jane Adams and Klaus Schumann

26 Hillcrest Drive, Paso Robles, CA 93446

(805) 238 -4454

March 23, 2020Lands

Return ALL LAND TO CALIFORNIA INDIANS. All land in California stolen from CA Indians and needs to be returned.

March 23, 2020Lands

The CPUC should hold a workshop in San Luis Obispo (since we are directly impacted) before the new policy guidelines are adopted; and
Any land transfers occurring under the Tribal Land Transfer Policy must be accompanied by a conservation easement, to ensure the conservation of the land’s resources and protection of sustainable public access.

March 21, 2020Lands

As a PG&E customer for the past 50 years I, along with millions of other Californians, paid for the lands upon with the Diablo Canyon power plant is located. Now that PG&E is closing the plant, it is only fair that, to the maximum extent allowed by California law, security concerns and the NRC, those lands be returned to the people of California who paid for them with provisions for permanent public access and use. This is particularly important for the undeveloped lasts closest to the ocean. PG&E should not be allowed to sell them for residential development or other commercial development. The most appropriate use for these lands is as parks and open space preserves with hiking, biking and horseback riding trails. The existing access road from Port San Luis and the existing ranch roads provide the initial infrastructure for such public use. Do not allow this unique opportunity to be squandered.

March 19, 2020Lands

See attached letter submitted to the California Public Utilities Commission urging that they conduct a community workshop in San Luis Obispo before adopting the implementation guidelines for the Tribal Land Policy.

March 19, 2020Lands

Due to the timing of the CPUC Tribal Lands Transfer Policy adoption in December before the Diablo Canyon Decommissioning Engagement Panel was even aware of the policy, I strongly encourage that the Panel takes a step back and look towards an inclusive outreach to the local communities and indigenous tribes who were left out of this process. This policy has a direct bearing on the panel’s mission to recommend future use of the land. This is an opportunity to preserve one of the last undeveloped coastal lands with a long history of the first protectors of the land and sea, the Chumash people. The land should be protected and not to be turned into expensive homes for the few.

The CPUC should hold a workshop in San Luis Obispo (since we are directly impacted) before new policy guidelines are adopted; and

Any land transfers occurring under the Tribal Land Transfer Policy must be accompanied by a conservation easement, to ensure the conservation of the land’s resources and protection of sustainable public access.

I add my voice to the Northern Chumash Tribal Council in support of:

1. Commitment to Native American tribal government self-determination acknowledging Native American tribes with equal standing under the law with inclusion rather than exclusion.

2. Commitment to open space and public access to Pecho Coast lands around Diablo Canyon.

3. Protection of tribal resources, sacred sites and culturally sensitive grounds through deed restrictions and preservation.

4. Collaboration with the communities to create a dynamic multi-use sustainable seashore that includes Indigenous peoples, the proposed Chumash Heritage National Marine Sanctuary, the fishing industry, renewable energies, tourism, agriculture.

Community advocate
March 18, 2020Lands

I am a resident of San Luis Obispo and an ardent supporter of the conservation of our local undeveloped lands. I support the CPUC’s Tribal Lands Transfer Policy with the following caveat: the CPUC’s regulations should provide that any land transfers occurring pursuant to the Tribal Land Transfer Policy must be accompanied by a conservation easement to ensure the conservation of the land’s resources and the protection of sustainable public access.

March 18, 2020Lands

I fully support the Panel's recommendation regarding the Tribal Land's Policy and believe the regulations should provide for the conservation of these lands in perpetuity.

March 17, 2020Repurposing of Facilities

Repurpose the plant into a solar-powered desal plant. There is already a good-sized desal unit onsite. expand it and put solar panels up in the hills behind the plant. Provide good water to the central coast.

March 16, 2020Other

We as Californians are making a galactic mistake in shutting this plant down. I am more interested in a discussion of how to keep Diablo running than I am in shutting it down.

March 14, 2020Other

I am very interested in understanding how the decommissioning of D.N.P.F. Will affect the hydro electric facilities such as San Luis Reservoir near Santa Nella Ca.the those located in the Sierra Nevada Mountains. If you could recommend a contact for this info I'd be grateful.
Respectfully
Kim Lachance

N/A
March 14, 2020Lands

Dear DCDECP Panel Members-
First of all- thank you to each and every one of you Panel members who have put in such time, study, and effort to accomplish the many things you have done in such a short time period. The Strategic Vision Report that you have assembled is a very significant capture of our Community's collective intelligence as to how we best see the Decommissioning process unfold and evolve. That Strategic Vision Report alone- is a practical, accurate, and intelligent resource to be used and referenced in all future planning and discussion of the shutdown of Diablo and the transition into life after the Power Plant is closed.

I wanted to write a brief note to the Panel to address some of the many things I heard and saw on the most recent meeting that was televised on Wednesday March 11th. Thank you for televising the meeting in it's entirety and including and allowing the public to participate and comments via computer. For some reason, my original comments did not get registered.

My thoughts and observations and input - specifically are aimed at echoing the two presentations that I saw made by Kara Woodruff about Land Transfer and Use-and Linda Seeley, who made a great summary of the Dry Cask Storage Process.

I thought what Kara presented was a great perspective that reflected the respect and inclusion of Native American's opportunity to be much more included in the process. The accelerated and incomplete Native American Transfer process being formulated by the CPUC is a logical and honorable intent to work with the Native American Tribes who were directly impacted to their Ancestral lands. The fact that the CPUC did little or no outreach to the tribes and the other dedicated groups and agencies that have been deeply involved with Diablo Canyon specifically seems like a tragic oversight, and the fact that they held no local meetings to gather input or discuss the protocol or process seems glaringly wrong- and I was glad to hear the the DCDEP, and PGE were both writing letters requesting that the CPUC does indeed hold a local meeting, and include the goals, objectives, and observations of the Strategic Vision Document - which reflects our communities strong preference to conserve and preserve the open space and land in perpetuity.
Thank you for being proactive.
The historical and cultural perspectives of why the native american's should be given first right of refusal makes sense- and seems appropriate- and I was glad to hear that the letters from the Native American community seemed to support and endorse conservation easements and the overall objective of Conservation of natural lands, cultural and archealogical sites, and the flora, fauna, and habitats that are threatened by both the proximity to the power plant and the stored spent fuel.
I also greatly appreciated the presentation by Linda Seeley on the Dry Cask Storage and spent fuel hazards that will need to rise in value and assesment- as the constant and huge risk of just one of the 80-90 casks stored- can immediately ruin and disasterize our entire coast, all it's prized habitat and value, and make that land completely ruined and changed forever. Through Ms. Seeley' s presentation, I was glad to hear and see that the demands for the most safe, the best possible materials and technologies, the need for constant 24/7 monitoring and the ability to access, repair, remove, transport, and limit exposure to any radioactive dangers. We need to be mindful that when historic and tragic nuclear accidents have happened, it was that- an accident- nobody intended it to happen- but what kind of a response, how rapidly and thoroughly, and effectively the safety responders can contain and reduce and remove the threat will deterimine the extent of the damage. To be clear- there should be greatly increased safety planning, training, funding, and facility development to handle this continual threat. In my opinion, PGE or whomever is the plant operator need to hold the appropriate funding for such dry cask storage in an escrow account- so the general public will know that a mere bankruptcy declaration does not remove them from the responsibility to handle the nuclear waste they produced. Additionally, they, and other Nuclear waste producers should be responsible for continued research and analysis of longer term storage solutions and reception sites that could consolidate and process the nuclear waste and ongoing threat of long term storage. I imagine this will be a part of the discussion on some of your upcoming meeting topics.

As a native plant ecologist, I want to speak up for the many plants, animals, and habitats that rely on Diablo Lands to be left in tact and have minimal disturbance and human interference. I am in agreement with conservation easements and controlled public access- but reluctant to build an extensive network of trails, camping, and other potentially invasive and unintended human interference with the natural habitat. Given the current perspectives of State Parks within our region, I would be reluctant to look at annexing the land to the State Parks. I do like the idea of a long term Conservation and Land Management agreement with Land trusts or Conservancy groups- who can both effectively manage the natural treasures of the land, and provide research, recreation, and appreciatoion for the habitat values and cultural values of the precious land.

In closing- please continue to do the great and important work you are performing. The DCDEP is accomplishing significant goals and objectives as a representative of a broad cross section of the public that will be affected by this transition. Thank you to PGE and Tom Jones- for continuing to be at the table, and participating and supporting the Panel in setting and determining practical solutions to a Post Power Plant future, and being responsible and willing to mitigate and minimize the risks associated with a Nuclear Power plant and all its inherent dangers and pollutants.
Conservation and Mitigation is still the will of the people, and reflected quite clearly in the Strategic Vision Document you all created. The latest move by the CPUC to use the Native American Land Trust act is a seemingly reasonable and honorable act- but they need to be much more inclusive and include a local meeting here in SLO County to include all viable stakeholders in the process.

I look forward to participating in future workshops and meetings and again am grateful to each of you for your heroic efforts and input on our behalf.

Respectfully yours-
Bruce Berlin
Arroyo Grande

March 13, 2020Lands

Dear PG&E Staff and Members of the Engagement Panel:

Please find attached a letter of support for the protection of the Diablo Canyon Lands so that Californians will have recreational access to thousands of acres of wild and scenic land and a proposed 20 plus mile coastal trail stretching from Avila Beach to Montana de Oro.
Regards,
From
Mark Wilkinson
Executive Director

Santa Barbara County Trails Council
805.708.6173 | website | facebook | twitter | instagram

Santa Barbara County Trails Council
March 12, 2020Los Osos

I would like to see your group ensure that all the Northern Chumash tribal groups are represented in decision-making about how the land and water are protected and used. Returning these areas to indigenous control is the most just and equitable approach. I look forward to the Northern Chumash management and the cultural and economic opportunities they would create.

March 12, 2020TEST

test

March 12, 2020Santa Margarita

See attachment

CMA, Central Coast Longriders
March 12, 2020Santa Margarita

1360 Parkhill Road

- None -
March 11, 2020Lands

While conservation of the Diablo Canyon lands has been repeatedly affirmed by San Luis Obispo residents, I am concerned about the disposition of the land's ownership in the face of the current bankruptcy proceedings and looming court deadline for a proposed resolution. It is all well and good to propose any number of conservation & ownership options for public and/or tribal benefit, but realistically, does this present exercise have legal standing under the current legal cloud hanging over PG&E?

March 11, 2020Lands

Tribal Lands issue of Rights of First Refusal:
I do not have a problem with that, however there must be easement restrictions and development restrictions in place. A nature and educational facility onsite would be acceptable, but access to areas that should remain pristine should be allowed only on guided trail walks with knowledgeable and conservation leaning persons in charge.
I am not supportive of any casino or resort like development and yes, please urge the CPUC to have an informational meeting in the County of San Luis Obispo with public comment before any decisions are made.
Thank you.
Vita Miller
805-704-3173
Los Osos, CA 93402

March 11, 2020Lands

It's imperative land transfers from PG&E include conservation easements. County residents have been fighting for this for years. Additionally, the decomissioning project must include protection of and access to Diablo Lands. Thank you.

March 11, 2020Repurposing of Facilities

What is the status of repurposing the desal plant?
What is the status of California recognizing nuclear power is an important renewable power source?

March 11, 2020Lands

I have been actively advocating for creation of a "Pecho Coast National Seashore" (or National Park) since I first published an article recommending this strategy in December, 2016. See the attached file. I'm still recommending that the Panel consider this option seriously for the following reasons:

1. As a unit of the National Park system, Federal funds would be available for access improvements, recreational facilities including trails and campsites, and potentially for re-purposing many of the buildings that are currently under the control of PG&E but which will no longer be needed for power generation.

2. The National Park system as a whole, and this unit in particular, is founded on a premise of broad public engagement and participation by local entities - including Native Americans.

3. As a National Park (or Seashore), these lands would continue to serve as intact ecological units and funds would be available for fisheries restoration, archaeological and historical investigations, and research into the impacts of climate change on this rare coastal shelf.

4. Finally, a National Park would attract visitors from throughout the entire world. It would not be out of bounds to suggest that the economic impact of the National Park services ALONE could offset up to 1/3 of the loss in local economic activity that will result when the power plant closes.

Thank you for considering my views.

March 11, 2020Lands

If the land go to a tribe and become part of the tribal lands, what controls do the Counties have on development as Tribes are a sovereign nation? In Santa Ynez, the County did not have much control over development of private lands the Chumash Tribe purchased and transferred into Tribal lands.

March 11, 2020Environmental Impacts

I am submitting comments to the newly adopted Tribal Land Transfer Policy. First, there was not sufficient public input process on this policy. San Luis Obispo citizens have been very involved in the Decomissioning process for Diablo Canyon. No one was aware this policy was being considered, not even people on the Decommissioning Panel. The Policy should be rescinded and, if it is still desired, a full public involvement process followed that engages all the communities potentially impacted, especially San Luis Obispo County since we are in the Decomissioning process and this policy greatly affects us. We should also be involved in any rule making for a policy that affects the dispersement of any Public Utility lands.

Secondly, the in the Decomissioning Panel hearings, public has given overwhelming support for the lands to be purchased for conservation and recreation hiking, biking and horseback riding on a coastal and inland trail system that will link Montana de Oro State Park to Avila/Irish Hills. The lands and coastline are outstandingly pristine and should remain that way, not developed. This is the largest contiguous undeveloped coastal lands in Southern California. It is unique and can never be replaced. Even the military bases are riddled with roads, target ranges, launch sites, etc. Public support for conservation and recreation is documented in the Decommissioning Panels Strategic Plan and in the SLO County 2000 Dream Initiative.

Third, I think this policy is inappropriate. Public Utility investments have been funded by all the public and all the public should benefit from an dispersement of public utility lands. The Public Utility did not steal these lands from Native Americans; they bought them and presumably anyone else could have bought the lands when they were for sale. Nor did the Americans steal the land. The Spaniards conquered the native population in the south part of California and made Land Grants to private individuals, Mexico won California from Spain, then the United States won the lands from Mexico, but honored the Spanish Land Grants. If there are local people who have Native American ancestry who want land, they could go and buy a piece of land like any other person.

Lastly, if the lands are transferred to tribes or any other entity, a conservation easement should be attached and recorded to any land prior to any transfer away from PG&E (or its subsidiaries) such that regardless of who owns the land (tribal or otherwise), the conservation values are protected and sustainable public access is assured -- in perpetuity. Santa Ynez went through a recent struggle with the Chumash Tribe where the tribe acquired a piece of private land, had it converted to tribal land, and then the County had very little control over development on the land. If the tribe is serious about wanting to conserve the land, they should support a conservation easement to prevent development and to ensure public recreation access on established trails.

March 11, 2020Lands

What is the length of time for the first right of refusal

March 11, 2020Lands

I am very concerned to learn of the new CPUC Tribal Land Transfer Policy and the potential impacts that this policy could have to WildCherry Canyon, other Diablo lands and Avila Beach. During the meeting I was happy to hear that conservation easements could be attached prior to any transfer away from PG&E (or its subsidiaries) such that regardless of who owns the land (tribal or otherwise), the conservation values are protected and sustainable public access is assured -- in perpetuity. I strongly recommend that this occur. The CPUC needs to have a meeting for Avila citizens to hear our concerns.

March 11, 2020Cambria

Due to the timing of the CPUC Tribal Lands Transfer Policy adoption in December before the Diablo Canyon Decommissioning Engagement Panel was even aware of the policy, I strongly encourage that the Panel take a step back and look towards an inclusive outreach to the local communities and indigenous tribes who were left out of this process. This policy has a direct bearing on the panel’s mission to recommend future use of the land. This is an opportunity to preserve one of the last coastal lands that are undeveloped with a long and deep history of the first protectors of the land and sea, the Chumash people. The land should be protected and not to be turned into expensive homes for the few.
Our communities deserve a public workshop here in San Luis Obispo as the outcome of this process directly impacts us.
In order to provide meaningful input for these very important decisions that will determine the fate of the land involved, I add my voice to the Northern Chumash Tribal Council’s comments in support of:
1. Commitment to Native American tribal government self-determination acknowledging Native American tribes with equal standing under the law with inclusion rather than exclusion.
2. Commitment to open space and public access to Pecho Coast lands around Diablo Canyon.
3. Protection of tribal resources, sacred sites and culturally sensitive grounds through deed restrictions and preservation.
4. Collaboration with the communities to create a dynamic multi-use sustainable seashore that includes Indigenous peoples, the proposed Chumash Heritage National Marine Sanctuary, the fishing industry, renewable energies, tourism, agriculture and education.

Sincerely,
Margaret Webb
P.O. Box 702, Cambria, CA 93428
pjwebb@inreach.com

March 11, 2020Lands

Why would this not also go to LOCAC since the lands back up to and affect the Los Osos community?

March 11, 2020Lands

This 12,000 acres of California coast line needs to be protected for the cultural, flora and fauna resources. It should become open space for the general public, with multi-use trails. The trail system should include coastal and interior trails, plus some connecting trails. Back country camps for hikers and equestrians is important. The land could become part of Montana de Oro State Park. The Trail Alliance of SLO County, representing equestrians, hikers, and mountain bikers from a number of local organizations could be a key partner in providing input.

Trail Alliance of SLO County
March 11, 2020Community Outreach Process

This is Chuck Anders, Panel Facilitator. We are having technical difficulties transmitting the meeting. We are working on the problem and will resume the meeting when resolved. Please stay with us. Thank you.

March 11, 2020Lands

Am concerned that the PUC’s order about first rights of purchase is beyond their scope, if there is even a federally recognized tribe over that area, the possibility of unfettered develops, and the fact that there were no hearings in locals this would affect.

March 11, 2020Economic impact

You have had several meetings regarding economic impact... A lot of polite talk... Have there been any conclusions ?.... hourglass... Please comment

March 11, 2020Lands

Will Costal commission regulations apply to Native Americans Sovereign lands ?

March 11, 2020Lands

Please ask the rep from San Luis Obispo County Planning comment regarding cpuc tribal lands policy... Sovereign Nation status, Chumash Casino Santa Ynez etc

March 11, 2020Community Outreach Process

Michael A. Khus-zarate
Northern Chumash Bear Clan 5 March, 2020

To Whom It May Concern,
My name is Michael Bear-Walking Khus-zarate, son of Pilulaw Khus of the Northern Chumash Bear Clan (this corresponds roughly to the San Luis Obispo county). I am requesting that on behalf of my clan and the Chumash people that I represent, that I be included in the process for Party Status in Pacific Gas & Electric Company’s (PG&E) Application A18-12-008.

I grew up on the Central Coast where my family has always resided and still do so. I now live in the Fresno area and work as an educator at Clovis Unified School District. However, I maintain close ties with my family and tribal members on the central coast.
The Northern Chumash Bear Clan (NCBC) under the leadership of Pilulaw Khus has long been active in the San Luis Obispo area, conducting ceremony, participating in local events, visiting local schools and protecting Chumash cultural resources. She is the author of Earth Wisdom: A California Chumash Woman (University of Arizona Press).
We have made a special effort to educate the public about Chumash culture by participating in various local events such as Earth Day and by going into classrooms to share songs and stories with the children. The message reflects our cultural values of respect for human rights, world peace and protection of the environment while reminding the non-Indian public of the continued relevance of the Chumash people. We have also been heavily involved in protecting Chumash cultural resources by consulting with city, county, state and federal agencies on projects throughout our traditional territory.
Protecting Chumash cultural resources has been a priority, particularly in spiritually significant sites. One of these places is the Carrizo Plain National Monument in northeastern San Luis Obispo county. I have served on the Monument’s Native American Advisory Council since 1998. This advisory group has been open and inclusive of all interested Native groups, Chumash and Salinan alike. The CPNM Management Plan now includes a robust preservation and mitigation plan for cultural resources thanks to the efforts of the Advisory Council. We have also led Summer Solstice ceremony there every year since 1988 when the site became open to the public.
Another significant site, the so-called “Whales Cave” at Avila Beach near Diablo Canyon suffered from an oil spill and clean-up operation from 1997-98. The US Coast Guard as the lead agency in that operation coordinated with the NCBC to safeguard Chumash cultural resources from further damage during the months long clean-up operation.
NCBC approached Pacific Gas & Electric Company in 1987 for access to the nuclear plant area to conduct the Winter Solstice ceremony and to pray for the remains of over a dozen Chumash people whose burials had been disturbed during the construction of that nuclear plant. We were subject to a rigorous security background check before we were granted access for the overnight vigil and ceremony. Subsequently, the ceremony was successfully conducted every December for four years without incident and with the full support and cooperation of PG&E. Again, our ceremony was open to all Native groups and individuals who wished to participate.
It is not unfair to say, that NCBC and other Native tribal groups have usually been supported in our efforts by the non-Indian public. Numerous city, county and federal officials have met with us and consulted with us over these many years. Broad, county-wide support by the mainstream public for inclusion of Native interests in projects that impact cultural resources is indicated in the record whenever the public has been asked their opinion.
However there are some in the native community itself who have taken the misguided position of “exclusivity”, claiming that only their group should have standing in the Party Status process. These people claim singular and exclusive interest and legitimacy throughout the county and in particular at Diablo Canyon.
This is wrong on at least two counts.
First, the historical and genealogical record does not support this unprecedented, radically narrow interpretation of the background and composition of the Chumash community. Historians and most anthropologists have rejected this interpretation. They note that it is largely based upon incomplete and fragmentary records from the Mission era. Spanish missionaries did not ever complete what we would call a census count of the native population. Their record keeping was focused upon the standard church recordings of births, marriages and deaths that occurred among their native neophytes. These records simply did not include everybody. Nor is there any way to scientifically verify those records, as no other European institutions bothered to record the native populations, such as the Spanish military nor the Mexican authorities that followed.
Later during the early American settlement period of the late nineteenth and the early twentieth centuries, there were a few scholars who attempted to investigate the California native peoples, notably Alfred Kroeber and JP Harrington. Again, there were no real census counts available. They were working with minimal information.
The 1997 Final Reports and Recommendations to the Congress of the United States, compiled by the congressionally appointed Advisory Council on California Indian Policy (ACCIP, of which I belonged as a representative for the un-acknowledged tribes) provides a summary of the historical record of neglect by the federal government (California state government policy was initially one of genocide with death squads and removal of all of the indigenous populations). Demographers estimate that at least 95% of the California indigenous population was wiped out by the turn of the last century.
Thus, it should not be surprising to anybody that many California Indians would look upon government officials and academics with suspicion if not bitter contempt as they struggled to survive in a hostile environment that had once been their secure homelands. So, when such men as linguist J.P. Harrington solicited California native people for their cooperation there were many who refused or kept silent. This sentiment remains in many native communities today. Even when Harrington secured “informants” to aid his linguistic research, his intention was not to record a comprehensive history or ethnology of the Chumash.
The second reason that “exclusive” groups are wrong, is because they have not learned their own tribal values and culture. Depending upon non-Native academics and others for our identity and status as Native people rather than our own Native communities, is a colonial and degrading approach that is no longer aligned with international standards. The UN’s Declaration of the Rights of Indigenous Peoples, adopted by the General Assembly on 13 September, 2007 includes the following:
Article 33 1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live. 2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.
Article 18. Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
History shows that the decimated and dispersed Chumash and California Indians survived by joining together in mutual support at the local and regional levels. When for instance, the people were sick or pregnant and could not afford mainstream physicians they turned to native midwives and “Indian doctors” and it didn’t matter what clan or tribal group their ancestors derived from. My own great-great grandfather, Pacifico Gallego-Archuleta was known to the Venturno-Chumash of Ventura because he was one of these “Indian doctors” who traveled to the south coast area frequently in his day. The importance of such pan-tribal*, pan-Indian networks cannot be overstated and they have carried forward even to the present day. These social/cultural networks have helped enable the revival of many California tribal groups.
One of the most well-known Elders and spiritual leaders who traveled to the central coast from southern California during the so-called American Indian re-awakening of the 1960-70’s at the invitation of the Chumash community, was Therman McCormick, Sr. (Lusenio). In response to a question about who an Indian is today, he dryly replied: “now, we’re all mongrels”. His message was that what matters most is our respect for one another as the descendants of the few survivors of the indigenous California people, and not the purity of our individual biological lineage. Therman McCormick believed in the inclusive values that were rooted in his traditional spirituality as he had been taught.
Indeed, the ACCIP recommendation to Congress in its Final Report was an expansive one: a singular definition for “California Indian”, that would acknowledge both the original culture of all the tribes and the diverse composition of the Native peoples of California that is a reality today.
Finally, I want to say that the Northern Chumash Tribal Council led by Fred Collins has my endorsement. Their position of inclusion for all interested Native groups is in keeping with the spirit of community, cooperation and mutual support that the NCTC has upheld for decades throughout the San Luis Obispo area. I join with the Council to continue to protect and preserve Diablo Canyon by having it restored to the whole Chumash community.
Sincerely,
Michael Khus-zarate

Former Member, Congressional Advisory Council on California Indian Policy
Former Chair, Native American Advisory Council for the Carrizo Plain National Monument
First Wot, Northern Chumash Bear Clan

* Note: there is no scientific or government consensus on the definition of “tribe”. In California the term is used loosely to describe family-clan groups and multiple family groups.

Northern Chumash Bear Clan
March 11, 2020Lands

Because of the power plant, the 12,000 acres of land remain some of the most pristine lands in California. These lands should be kept as open space, with multi-use trails (coastal, inland and a few in-between trails). Integrating the lands into the existing Montana de Oro State Park, or creating a new National Seashore (similar to Pt Reyes National Seashore) would make the most sense. Incorporating Wild Cherry Canyon into the park, or to be sold to the Land Conservancy of San Luis Obispo, would be the icing on the cake. Protection of sensitive cultural, flora and fauna must also happen. The Chumash would be good stewards, but I have concerns about their potential ability to develop projects, such as a casino, with minimum public input.

Atascadero Horsemen’s Club
March 11, 2020Lands

I am in support of the in-perpetuity conservation of the 12,000 acres of Diablo Canyon Lands. As a local teacher and mother, I care about the world we are leaving for our children. Here we have a chance to preserve one of the last, coastal stretches of natural California for ourselves and future generations.

The county of San Luis Obispo is unique due to its prioritization of land conservation. On any given weekend, the cars of people who are eager to explore nature fill the parking lots of our numerous open spaces. This increases the vitality, health, and well-being of our communities. Support for the conservation of public lands is further reflected in The Dream Initiate of 2000 (passed by nearly 75% of SLO County residents called for the conservation of and public access to the Diablo Canyon Lands once the plant closes.

In addition, as a public park, the land can generate tourism dollars to support the local economy. Protection of the Diablo Canyon Lands not only gives people recreational access to thousands of acres, it also enables a 20 plus mile coastal trail stretching from Avila Beach to Montana de Oro. And, importantly, the Diablo Canyon Lands are truly unique from an ecological perspective – much of Coastal California has been forever lost to run-away, ill-conceived development.

I ask PG&E and County of San Luis Obispo to enact the conservation of and public access to the Diablo Canyon Lands This is what the community has asked for, and it is what the community deserves.

March 11, 2020Lands

Can a conservation easement be attached and recorded to any PG&E land prior to any transfer away from PG&E?

March 11, 2020San Luis Obispo

To the Diablo Canyon Decommissioning Engagement Panel:

Over the past 36 years I have been welcomed at many ceremonies led by Michael Khus-zarate and his mother Pilulaw Khus in Diablo Canyon, Painted Rock on the Carrizo Plain, Cayucos Beach, and other places important to the Northern Chumash Bear Clan.

I had planned to attend your 3/11/20 meeting to read a letter from Michael because he could not attend. You should have that letter. I'm writing this to reiterate these points:

1. It is important that you include Michael Bear-Walking Khus-zarate of the Northern Chumash Bear Clan and Fred Collins of the Northern Chumash Tribal Council in the process for PARTY STATUS regarding (PG&E application A18-12-008).

2. The Chumash were a large and varied group united by language and culture, who inhabited the lands from north of Morro Bay to Malibu and from the Channel Islands to the San Gabriel Mountains for thousands of years before the Europeans came. Their descendants are still here, but Native American lineage is complicated because an estimated nine out of ten Native people were killed or died of disease throughout California and the whole United States, mostly during the 1800s, and the remainder dispersed.

3. Today, there is no one group that exclusively represents coastal California Native peoples. Various Chumash groups exist, but all represent the diverse composition of Native Californians that is the reality today.

4. I want to see the lands surrounding Diablo Canyon Nuclear Plant protected and preserved. Its unique and increasingly rare habitats, and the wildlife who live here, must not be subjected to development.

Thank you very much for your work.

Sincerely,
Terre Dunivant
San Luis Obispo
805-544-9676

March 11, 2020San Luis Obispo

Dear esteemed and hard-working Panel,

Being in attendance for a recent presentation at a Mothers for Peace meeting, reading the current local Sierra Club newsletter, as well as reading today's editorial in the Tribune, one would wonder at the furious attempt to gain support to upend the new Land Policy decision of the CPUC. Instead of recognizing the progressive decision made with this ruling, efforts are being directed to once again put limitations, in perpetuity, on possible land acquisition by the local Native American Tribe. There seems to be a basic underlying fear or mistrust directing all these efforts.

I wonder where this fear comes from- certainly our families have proven themselves capable of being good stewards of the land, as we all should know the history of this area and our role as being successful caretakers of this land for thousands of years.

The fear of development? Our inherent responsibility to this land is preservation and conservation. Our history of working with the Land Conservancy of SLO has succeeded in providing managed public access to the Pismo Preserve- and yet, efforts have already been needed to thwart folks from “loving a place to death.”

Even so, what we have stated from the beginning of this journey in presenting to the Engagement Panel is to include managed public access in our plans. We honor the incredible beauty and gift of these lands, and want others to honor them as well.

So where does this fear come from? Just as our DNA holds the life blood and spirit of those who came before us, so also does the DNA of all who are on this panel. Just as we are willing to fight for the return of our homelands, so also is there seemingly some sort of historical replication in some for seeking control over our behavior and actions.

I would ask the panel to support the CPUC tribal lands policy as written, as it aligns beautifully with the vision document of this decommissioning engagement panel. Thank you all for you continuing work. It has and continues to make a difference.

Sincerely,

Wendy Lucas
yak titʸu titʸu yak tiłhini
Northern Chumash Tribe of SLO County and Region
Board Vice President, yttyt Kinship Preservation

yttyt Northern Chumash
March 11, 2020Los Osos

1801 Ferrell Ave.

These are some of the most pristine lands on the central coast. Do Not sell them off for building Mc mansions and Mega hotels. These lands should be given back to the native americans as this was all theirs to being with.
Also, keep all the conservations provisions that have been discussed by the panel.
It is bad enough the plant lands can never be restored to their original state and will never be decontaminated so keep these lands safe and clean.

- None -
March 11, 2020Lands

March 11, 2020

The Diablo Canyon Decommissioning Engagement Panel:

I would like to commend the Diablo Canyon Decommissioning Engagement Panel (Panel) for its significant public outreach including eight public community meetings and six all-day public workshops. Through these interactions they listened to the public’s concerns and to different perspectives. They became the conduit between the public and various regulatory agencies and PGE. So far, their outreach has generated over 1,000 comments from the public meetings and workshops, online forms, emails and conversations with Panel members. These comments are a direct result of the Panel’s and local community members’ deep commitment to the future of Diablo Lands. This work resulted in the Strategic Vision, Goals and Recommendations as written in the Panel’s “A Strategic Vision”. Anyone listening, or attending this meeting should read the Vision statement at https://diablocanyonpanel.org/ The vision statement is comprehensive and represents the San Luis Obispo County community including our tribal community. It’s a document that provides guidance for the multiple aspects of shutting down a nuclear power plant including what is left behind when decommissioning is complete.

One tonight’s agenda is the California Public Utilities Commission Investor-Owned Utility (IOU) First Right of Refusal for Disposition of Real Property within the Ancestral Territories of California Native American Tribes – (CPUC Tribal Land Policy). This policy is compatible with the Panel’s Vision Statement and I encourage everyone to read the CPUC Tribal Land Policy. You’ll see for yourself what it does for California Tribes but also what it doesn’t do. It can be found on the CPUC.gov.ca. It’s a courageous document with the goal of acknowledging past injustices against California Tribes but it’s not a free pass for us, or for any tribe. The CPUC Tribal Land Policy gives us a first chance to discuss purchasing property and if we become purchasers, we’ll be governed by the same standards as other buyers. These standard should include appropriate conservation easements and a variety of managed public accesses and activities.

We are indigenous to San Luis Obispo County and region but we’re also your neighbors and your co-workers. While San Luis Obispo County and Region is our ancestral homeland, we know it’s your home too. We’re not the only ones who love this place and we all want to see a good outcome for Diablo Lands. SLO County residents respect the history of our region and many families have lived here for generations, but regardless of how long you’ve lived here, it’s now your home and place you care about too.

As a landless tribe, we hope to find a way forward to acquire property at Diablo Lands. We wrote our first letter to Pacific Gas and Electric, on this topic, within a few days of the announcement of the power plants decommissioning and we have been working for a positive outcome ever since.

I’ll end by once again encouraging you to read the Panel’s Vision Statement then read the CPUC Tribal Land Policy.

Thank you,

Mona Olivas Tucker, Chair
yak tityu tityu yak tiłhini – Northern Chumash Tribe
San Luis Obispo County and Region

yak tityu tityu yak tiłhini – Northern Chumash Tribe San Luis Obispo County and Region
March 11, 2020Lands

The majestic coastal property, known as the Diablo Canyon Lands, if open to more public coastal access than is currently available, should, in my opinion, be managed like the current Point Buchon managed access trail program. People should tread upon this area lightly, saving it for future generations as a research site and a preserve for the rich, diverse intertidal biological resources and the abundant coastal bird rookeries in this area.

I am in particular concerned about human impact to the intertidal areas. As a docent with State Parks and retired biologist, I understand that encountering tide
pool organisms are a unique, hands-on experience with sea life for the public. However, many tide pool visitors often trample or harm organisms during low tide. The loss of algae on rocks from trampling can affect all the living things in the tide pools. The easily accessible tide pools along the Montana de Oro State Park, where harvesting of intertidal organisms is permitted with a fishing license, provide a stark contrast with the relatively pristine condition of the intertidal areas of the Diablo Canyon lands.

Tide pools and the ocean's intertidal zones contain some of the most diverse collections of life on our planet and especially so along this coastline—it is imperative that any future plans for access to the Diablo Canyon lands maintain that diversity.

.

My other concern regarding the management of the Diablo Canyon Lands is the protection of numerous cultural sites, some dating to over 9000 years old, that without a managed access plan would attract collectors who know how to detect these sensitive Native American sites. Cal Poly’s Anthropology department has worked with the Native American community and currently have several study sites along this coastline. Many of these cultural sites are easily accessible along the current Point Buchon trail, but those who may be searching for artifacts are directed by trail attendants to stay on trail. The trail attendants are aware of these cultural site locations and protect them from human disturbance.

I urge you to work with organizations like Land Conservancy of SLO, Wildland’s Conservancy group, or UC Natural Reserve system. I also urge the engagement panel to support the preservation of these lands by developing managed access programs
to keep this majestic coastline as pristine as possible.

Best regards,

Sally Krenn
805-550-0150

March 11, 2020Lands

I urge conservation of Diablo Canyon Lands.

The conservation of (in perpetuity) and public access to the Diablo Canyon Lands makes sense on multiple levels. The land is remote, prone to fire damage, and has a single lane in and out. There is no access to existing services and amenities. These lands are truly unique from an ecological perspective - much of coastal California has been forever lost to development. Here, we have a chance to preserve one of the last coastal stretches of natural California for current and future generations.

March 11, 2020Decommissioning Funding

Please address how this plan fits within PG&E's ongoing bankruptcy proceedings, and the company's ability to accommodate the great financial liability of decommissioning while facing ongoing disaster-related penalties and mitigation costs.

DateDecommissioning TopicComment / Suggestion:Group Affiliation, if any (Optional)
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