The Settlement Agreement entered into in 1988 and approved in California Public Utilities Commission Decision D.88.12.083 provided that:
"An Independent Safety Committee shall be established consisting of three members, one each appointed by the Governor of the State of California, the Attorney General and the Chairperson of the California Energy Commission ("CEC"), respectively, serving staggered three-year terms. The Committee shall review Diablo Canyon operations for the purpose of assessing the safety of operations and suggesting any recommendations for safe operations. Neither the Committee nor its members shall have any responsibility or authority for plant operations, and they shall have no authority to direct PG&E personnel. The Committee shall conform in all respects to applicable federal laws, regulations and Nuclear Regulatory Commission ("NRC") policies."
A request for applications is publicly noticed by the CPUC. After receipt of the applications, and an opportunity for public comment on qualified applicants, a list of candidates is selected by the CPUC and provided to the appointing agencies by January 1 and an appointment is to be made by March 1 of each year. In accordance with the Restated Charter:
"The President of the CPUC shall review each application to assess the applicant's qualifications, experience and background, including any conflict of interest and comment received from the public, and shall propose as candidates only persons with knowledge, background and experience in the field of nuclear power facilities and nuclear safety issues who demonstrate they have no conflict of interest . . ."
In July 1989, when CPUC President G. Mitchell Wilk announced the initial list of nine candidates nominated for appointment to the DCISC, he noted that
". . . an independent safety committee clearly requires members who could demonstrate objectivity and independence. For this reason, none of the nominees has testified for PG&E or any other party before the CPUC or the Nuclear Regulatory Commission in any proceeding regarding Diablo Canyon."
The Restated Charter provides:
"No person shall serve as a member of the Committee if he or she has a prior history of supporting or opposing PG&E as a witness or intervenor in nuclear licensing or CPUC proceedings associated with Diablo Canyon."