For those that are interested in the laws governing the power plant approval process, California's 29 codes can be found at http://www.leginfo.ca.gov/calaw.html Check the "Public Resources Code" check box then click the search button. The most relevant section is:

Division 15, Chapter 6
POWER FACILITY AND SITE CERTIFICATION
25500 - 25542

From what I have been able to determine, the CEC has the power to overturn local zoning codes in the following section: "25525. The commission shall not certify any facility contained in the application when it finds, pursuant to subdivision (b) of Section 25523, that the facility does not conform with any applicable state, local, or regional standards, ordinances, or laws, unless the commission determines that such facility is required for public convenience and necessity and that there are not more prudent and feasible means of achieving such public convenience and necessity. In no event shall the commission make any finding in conflict with applicable federal law or regulation. The basis for such findings shall be reduced to writing and submitted as part of the record pursuant to Section 25523."

The key question here is does the vote by the San Jose City Council on whether or not to change the general plan even matter?

Section 25531 discusses judicial review of CEC decisions. Some interesting quotes:

"b) No new or additional evidence may be introduced upon review and the cause shall be heard on the record of the commission as certified to by it. The review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order or decision under review violates any right of the petitioner under the United States Constitution or the California Constitution. The findings and conclusions of the commission on questions of fact are final and are not subject to review, except as provided in this article. These questions of fact shall include ultimate facts and the findings and conclusions of the commission. A report prepared by, or an approval of, the commission pursuant to Section 25510, 25514, 25516, or 25516.5, or subdivision (b) of Section 25520.5, shall not constitute a decision of the commission subject to judicial review."

"c) Subject to the right of judicial review of decisions of the commission, no court in this state has jurisdiction to hear or determine any case or controversy concerning any matter which was, or could have been, determined in a proceeding before the commission,or to stop or delay the construction or operation of any thermal powerplant except to enforce compliance with the provisions of a decision of the commission."

Sincerely,

Steven Nelson