Dispute rages on over low energy seismic testing

Posted: Dec 28, 2012 5:46 PM by Cameron Polom, KSBY News
Updated: Dec 31, 2012 9:41 AM

The former vice president of the Port San Luis Commercial Fishermen's Association is resigning over PG&E'S fault line surveys near Diablo Canyon.
He claims some of those tests were carried out without the proper permits and said he's owed compensation for lost catches during the two year low energy testing.
From 2010 to 2012, low energy testing was completed in the waters off Port San Luis and Morro Bay.
The information was used to measure the seismicity surrounding Diablo Canyon Nuclear Power Plant.
According to the now former vice president Brian Stacey, the testing should have required an environmental impact report but was approved without one.

Brian Stacey makes his living at sea.

"I've been fishing for 24 years," said Stacey.

He claims the State Lands Commission dropped the ball when it granted the required permits for low energy seismic testing

"The State Lands Commission was totally unresponsive, they refused to address complaints I made," said Stacey.

One of his complaints is over the lack of an environmental impact report for the testing. Instead, the permits were granted through what he calls an outdated permit process which dates back to 1984.

"It's just inadequate, it's not an MND ocean anymore, it's an EIR ocean," said Stacey.

Stacey claims because of more fishermen and an ever changing industry, there should have been a more in-depth permitting process including public comment.

However, PG&E says they were just following the states requirements.

"All of the work for the low energy seismic studies was performed under valid and existing permits," said Blair Jones of PG&E.

In a separate complaint, Stacey claims he and other commercial fisherman experienced lost catches during the study.

"They're kind of obligated, when they give out a permit to displace your right to fish, to make sure there's a mechanism in there for compensation," said Stacey.

How much does he want? Ten thousand dollars.

But according to fish catch data provided by California Fish and Game, the fishing industry had above average fish catches in the years during the low energy seismic testing.

Because of that report, PG&E says there will be no compensation.

"Fisherman enjoyed record fish catches in the area's while this work was under way," said Jones.

As for Stacey, he still hopes to be compensated and says he plans to request a formal investigation from a grand jury.

KSBY reached out to the State Lands Commission and the San Luis Obispo Board of Supervisors for comment on this story but no one returned our phone calls.