MOTION FOR PARTY STATUS

MOTION FOR PARTY STATUS OF
NORTHERN CHUMASH TRIBAL COUNCIL

In accordance with Rule 11.1 Motions and pursuant to Rule 1.4 (Participation in Proceedings)
of the California Public Utilities Commission Rules of Practice and Procedure, the Northern Chumash
Tribal Council (NCTC) (see http://www.northernchumash.org) respectfully files this motion for Party Status
in Pacific Gas & Electric Company’s (PG&E) Application A18-12-008.

Whereas, PG&E application seeks the Commission’s review and approval of PG&E’s
decommissioning cost estimates for the Diablo Canyon Power Plant (“Diablo Canyon”). Said
decommissioning and negotiations involves Tribal Interests including Land use, decommissioning
review, participation in cost associated with decommissioning and approvals for the Diablo Canyon
Power Plant (Diablo Canyon). NCTC is one of several State Recognized California Native American
Tribes*1 in Northern San Luis Obispo County, and has been reviewing all projects in San Luis Obispo
County for at least the last fourteen years. As such, this makes the NCTC tribal government a very

*1 Recognized by the Native American Heritage Commission as descendants of the original people of San Luis Obispo County and original inhabitants of the land specifically Diablo Canyon Nuclear Power Facility.

important party to these proceedings. NCTC proffers it’s late application is due to the facts that
previous notice of the Application was not provided to NCTC as required by California State law
pertaining to notice being provided to all tribes that could be affected by the Commission’s actions.
As NCTC requests party status under Rule 1.4(a)(4), NCTC request must satisfy Rule 1.4(b).
Therefore, in accordance with Rule 1.4(b), NCTC respectfully submits its formal request to be a part to
the proceeding, and the pertinent factual and legal contentions that it intends to make.

I. DISCUSSION:
A. Northern Chumash Tribal Council:
The Northern Chumash Tribal Council, Inc. was formed under the guidelines of California
Senate Bill 18 on April 26, 2006, as a state-recognized mutual benefit corporation (EIN 84-1709436).
On August 10, 2009, NCTC restated its Articles of Incorporation denoting therein that it was organized
and operated exclusively for charitable and educational purposes within the meaning of section 501(c)
(3) of the Internal Revenue Code.

NCTC’s tribal government is recognized by the California Native American Heritage
Commission, and its members are among the most likely descendants of the San Luis Obispo Northern
Chumash communities, including but not limited to, the lands of Diablo Canyon, Avila Beach, Morro
Bay and surrounding villages as established by the Native American Heritage Commission through
extensive oral traditions, birth records and historical records. NCTC is located in San Luis Obispo
County, and members reside within this community. NCTC has been actively involved in partnerships
with multiple agencies dating back more than 25 years. NCTC works to promote the Chumash
People’s revitalization in efforts to reorient the community to be more inclusive of the original
people’s knowledge of the land, and to embrace that knowledge as a way to address modern
environmental concerns including the restoration of the Diablo Canyon Lands. NCTC promotes the integration of Native American art, music, language, foods and culture within the community in both
the private and public sphere. NCTC holds regular cultural events in San Luis Obispo County,
including Native food preparation courses emphasizing the health benefits of traditional foods, and the
importance of addressing climate change to protect traditional food sources. NCTC provides education
opportunities for its members, and is inclusive of the broader Indigenous communities, allies, and
tribes. NCTC acts with coalitions of similarly minded tribes, non-profits, NGO’s to strengthen
protections for the land through community preservation projects such as the proposed Chumash
Heritage National Marine Sanctuary and the Oceano Dunes Alliance. NCTC is also part of the
protection of the Carrizo Plains National Monument; and, has for many year participated at Summer
Solstice at Painted Rock, the Chumash People’s most sacred site. NCTC participates in and hosts
traditional gatherings with hundreds of Chumash People and communities’ members attending said
gatherings. NCTC supports agriculture, permaculture and sustainable land-use practices. NCTC
affirms its tribal sovereignty through ongoing community collaboration on city, county and State levels
dedicated to social-justice and protecting of the rights of indigenous people*2 NCTC is dedicated to
meaningful consultation with local governments, agencies, and the development community making
them a very important party to these proceedings.

B. NCTC Interest:
NCTC is dedicated to preservation of Chumash culture, heritage, sacred sites and tribal
community well-being as a whole. The Northern Chumash Tribal Council*3, referring specifically to

*2 The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the
General Assembly on Thursday, 13 September 2007 and adopted by the State of California on 8/11/2014.
Also adopted by the County of San Luis Obispo on August 19, 2011. First county in the Nation to adopt UN DRIP. https://northernchumash.files.wordpress.com/2011/12/drips_en.pdf NCTC more than any other Norther Chumash Tribe played a significate part in getting the San Luis Obispo Board of Supervisors to adopt UNDRIP.
*3 The California Native American Heritage Commission recognizes NCTC Tribe members as the most likely descendants of those people who originally inhabited Diablo Canyon the Declaration confirms the right of indigenous peoples to self-determination and recognizes subsistence rights and rights to lands, territories and resource.

San Luis Obispo traditional territories, languages, village sites, cultural resources and other spiritual significance to our people must be taken into consideration during the decommissioning process at our
sacred site in Avila Beach/Diablo Canyon, Pecho coast region. Land ownership via land grants,
Williams Act deeds, and occupation substantiate our tribes continued living on the central coast of
California for hundreds of years; and, through oral traditions that our ancestors have continuously lived
in this territory for thousands of years before recorded land ownership. Most recently NCTC’s tribal
Vice Chairwoman, born in Avila beach, on traditional homeland. NCTC has deep connections to
preservation of Norther San Luis Obispo County lands, restorations and keeping the land available for
the public benefit; and, assert that NCTC as a Chumash Tribe has prior interests in the lands around
Diablo Canyon*4
.
C. NCTC’s Factual and Legal Contentions:
NCTC is not the only entity that is historically and culturally affiliated with the lands around
Diablo Canyon*5 who may have interests in the decommissioning process and cost, but it is one of the
most active. NCTC has worked with the State of California, San Luis Obispo County, and the Cities of
San Luis Obispo and Morro Bay in furthering and protecting its ancestors and safeguarding the
Chumash Heritage. Excluding the interests of NCTC who have served as environmental guardians for
many years, and have a strong history of cultural, spiritual and habitation connection with this land

*4 The Declaration recognizes that indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.
*5 NCTC is aware that another San Luis Obispo based Chumash tribe, to wit the yak tityu yak tiłhini Northern Chumash Cultural Preservation Kinship (“YTT Kinship”) has claimed exclusive representation of all Northern Chumash Peoples, but this is not true. There are at least ten other, separate Northern Chumash Tribes recognized by the Native American Heritage Commission as most likely descendants of those people who originally inhabited Diablo Canyon. California Mission records document at least three (3) tribal villages in Diablo Canyon. The YTT Kinship to date has failed to even consult with NCTC or other affected recognized Chumash Tribes regarding Application 18-12-008.

would lessen the efficacy of any agreement. NCTC seeks not to exclude any other Northern Chumash
tribe, but rather respectfully requests that its involvement promoting inclusion of the entire indigenous
community be considered. The inclusion of the NCTC and other entities that have historical ties to the
land of Diablo Canyon is essential to community equity and in the best public interest of the future
proceedings.

III. COMMUNICATIONS AND SERVICE
Service of notices, orders, and other correspondence in this proceeding should be directed to
NCTC at the address set forth below. NCTC requests that service of notices, order, and other
correspondence in this proceeding be addressed to the following:

Attorney for Northern Chumash Tribal Council:
The Law Office of Dennis James Balsamo, A Professional Law Corporation
1303 East Grand Avenue, Suite 103
Arroyo Grande, CA 93420
Phone: (805) 668-2510
Fax: (805) 668-2512
Email: DJBalsamo@BalsamoLaw.com

To be added to the “information only” portion of the service list:

Violet Sage Walker, Tribal Vice Chairwoman
Northern Chumash Tribal Council
PO. Box 6533
Los Osos, CA 93412
Phone: (760) 549-3532
Email: violetsagewalker@gmail.com

IV. CONCLUSION:
NCTC participation in this proceeding will not prejudice any party, and will not delay the
schedule, nor broaden the scope of the issues in the proceeding. For the reasons stated above, NCTC
respectfully requests that the CPUC grant this Motion for Party Status filing.
Respectfully submitted,

 

Dennis James Balsamo
Attorney for Northern Chumash Tribal Council
The Law Office of Dennis James Balsamo, A Professional Law Corporation
1303 East Grand Avenue, Suite 103
Arroyo Grande, CA 93420
Phone: (805) 668-2510

Official Documents:

2020_02_20 Cert of Mailing

2020_02_20 Motion to Be a Party