Earlier Ruling Upheld : Judge Says Santa Clarita Can’t Stop Tenneco Plant

A Los Angeles Superior Court judge, upholding her earlier ruling, refused Friday to let the city of Santa Clarita block Tenneco Oil Co. from building a power plant that residents claim will contaminate ground water.

Judge Miriam A. Vogel’s ruling means that Tenneco can resume work on the plant immediately and sets the stage for a formal appeal from Santa Clarita. After the judge ruled against the city Nov. 14, the City Council voted to appeal if Vogel refused to reconsider her decision at Friday’s hearing.

Last month, Vogel voided a city order that halted construction of the $35-million power plant Sept. 1. City Atty. Carl K. Newton said Santa Clarita ordered Tenneco to stop construction after it learned that four building permits authorizing the project had been issued in error.

As she did in November, Vogel agreed Friday that the permits had been granted by mistake but said that Tenneco had obtained the permits in good faith. It would be unfair to “yank away” the permits now, the judge said.

“I understand your frustration,” Vogel told Newton. “It would only be surpassed by Tenneco’s frustration if I were to reverse my ruling.”

Los Angeles County, which was acting on Santa Clarita’s behalf as the new city organized its government, issued the permits in May, July and August. Newton said the Department of Public Works’ building and safety division was unaware that Santa Clarita had passed a moratorium to block the power plant on Dec. 15, 1987, the day the city incorporated.

The permits are illegal and should not be considered binding simply because the building and safety division completed the necessary paper work, Newton said. If Tenneco is allowed to build the plant, he said, it would mean that county employees can override the sovereignty of an incorporated city.

Vogel refused to reconsider her earlier decision. “Mr. Newton, this isn’t really any different than the argument you made to me on Nov. 14,” Vogel said.

The plant, which will generate electricity, is being built on an old oil field near Placerita Canyon Road and Sierra Highway. Members of the Placerita Canyon Homeowners Assn. contend that the plant will pollute air and ground water and lower property values. The association also says that noise from the plant’s turbines will destroy the tranquillity of the secluded canyon.