A new state policy puts Native Americans first in line for Diablo Canyon land sale

The speculation began as soon as PG&E announced it would shutter Diablo Canyon: What will happen to all that beautiful, vacant land surrounding the plant?

There was early talk of a housing development — almost universally condemned by the community — but the overwhelming consensus favored permanent preservation of the land.

That was the recommendation of the Diablo Canyon Decommissioning Panel, a citizens advisory group that’s been meeting for the past two years.

But a recent development caught the panel off-guard.

Late last year, the California Public Utilities Commission quietly adopted the Tribal Land Transfer Policy, which applies to the sale of land owned by utilities like PG&E.

It prioritizes the interests of Native American tribes by giving them the first right of refusal.

As one CPUC commissioner described it, the policy “recognizes the important tribal interest in the return of stolen lands.”

Here’s what that means for San Luis Obispo County: When PG&E is ready to sell its Diablo Canyon holdings, it will be required to negotiate first with any interested tribes that have historical ties to the land.

If no agreement is reached, PG&E can then entertain other offers — including offers from environmental groups that want the property placed in permanent conservation.

Local response

The land transfer policy is welcome news to Arroyo Grande resident Mona Tucker, chairperson of yak tityu tityu yak tiłhini — the Northern Chumash Tribe.

“We’re excited about this opportunity,” she said, adding that the tribe expressed interest in the land early in the process.

“It is our ancestral homeland,” said Tucker. “Our start is right here on the West Coast. Our roots go to this one place for thousands of years.”

While local environmentalists aren’t opposed to the policy per se, some are concerned about the lack of opportunity for input.

Kara Woodruff, a member of the Diablo Canyon Decommissioning Engagement Panel, said the group wasn’t aware of the CPUC policy until after it was adopted in December — even though it had a direct bearing on the panel’s mission of recommending future use of the land.

The engagement panel is holding a public meeting at 6 p.m. Wednesday at the County Government Center in San Luis Obispo, and the tribal lands policy is at the top of the agenda.

Please note: Due to the coronavirus threat, the engagement panel is now asking people interested in attending to participate by live streaming the event. Go to www.diablocanyonpanel.org for a link to the meeting.

“We’ll ... discuss some shortcomings of the new policy, including the faulty outreach process that deprived the public of an opportunity to provide input,” Woodruff wrote.

PG&E did make comments on the policy, but local PG&E representatives said that was handled in San Francisco, and they weren’t aware of the policy either.

Now that it’s been adopted, the panel has recommendations on how the policy should be implemented.

“Our view is that conservation easements 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,” Woodward said via email.

Tucker says one of her tribe’s goals is conservation, and she doesn’t see a need to place “unique restrictions” on property covered by the CPUC tribal lands policy.

“I don’t know why a member of the panel is expecting something bad to happen if a tribal entity becomes a purchaser,” said Tucker.

Local workshop needed

The CPUC should have been more proactive in reaching out to San Luis Obispo County.

The agency was well aware of what was happening at Diablo Canyon, and should have foreseen that its actions would affect the community.

It’s not entirely too late, however.

The policy had been adopted, but guidelines that will spell out how it’s implemented have not been finalized.

The CPUC is hosting a workshop on implementation guidelines on March 24 in Brooks, located in Yolo County.

Some local residents, including engagement panel members, are calling on the CPUC to hold a public workshop here.

In the interest of transparency, of course the commission should meet here and, if possible, try to shed some more light on this, because at this point there are far more questions than answers.

Here are a few:

• Exactly how much property surrounding Diablo Canyon would be affected? Is it all 12,000 acres, or is it only the land PG&E owns outright? Does it include buildings near the plant that may be suitable for reuse?
• Can PG&E attach conditions to the sale of property?
• Are utilities, in the interests of ratepayers, obligated to seek fair market value for the property?
• Are there funds available to help tribes acquire the property?
• Does bankruptcy have any effect on the sale of the land?

Again, it’s unfortunate the general public wasn’t kept better informed about the policy, especially since it has a wide reach; it applies to any property transfers by investor-owned utilities like PG&E, San Diego Gas and Electric, and Southern California Edison, so we’re talking about huge swaths of land.

But the policy itself is adopted, and deserves support. We shouldn’t lose sight of the intent, which is to begin to try to make up for the history of violence toward California’s Native Americans.

Ideally, local tribes, conservation organizations, government agencies and community groups will all work in tandem to preserve the magnificent Diablo Canyon property — one of the last stretches of undeveloped private coastline on the Central Coast — and allow public access where appropriate.

It will not be easy, and it won’t happen overnight, but it’s a goal well worth the wait.

This story was originally published March 10, 2020 at 11:30 AM.