Siting FAQs - Public Adviser - California Energy Commission

The California Energy Commission ensures that needed energy facilities are certified in an expeditious and environmentally acceptable manner. The energy facilities certification process is designed to be rigorous, fair and consistent, while eliminating duplication and regulatory uncertainty.

The power plant site certification process applies to thermal energy facilities that produce 50 megawatts (MW) or more of electricity. Power plants below that threshold are reviewed by local agencies.

2. Who makes the decision about the power plant?

The five members of the California Energy Commission. During the energy facilities certification process, two commissioners are chosen to oversee all hearings, workshops and related proceedings on a specific project. The two-member "committee" will make recommendations to the other Commissioners before final action for certification is determined at a public hearing of the full five-member Commission.

3. What is the role of the Energy Commission staff?

The Energy Commission's staff, which includes a full range of environmental and engineering experts, is an independent, objective party in a power plant siting procedure.

The staff's function is to review information provided by the applicant, coordinate with other federal, state, and local agencies; do necessary field studies; and prepare and present testimony, include recommended conditions of approval, in hearings. The staff also implements a compliance monitoring program to ensure that power plants are constructed and operated according to the conditions of certification.

4. What is the role of the Public Adviser?

The Energy Commission nominates and the Governor appoints a Public Adviser who is responsible for ensuring that the public and other interested parties are given the opportunity to fully and meaningfully participate in all Commission proceedings, including the certification of energy facilities. The Public Adviser's accessibility affords California citizens the unique opportunity to be a part of energy decision-making that could affect their lives. Appointed to a three-year term, the Public Adviser has the primary responsibility of fostering public understanding of and participation in the certification process.

The Public Adviser does not act as the public's legal counsel before the Energy Commission, but rather advises the public on effective ways to participate in the proceedings. While he or she may not advocate any substantive position on issues before the commission, the Adviser provides procedural guidance to the public (including the intervenors) and can also render his or her independent advice and advocate points of procedure that in the Adviser's view will improve public participation in the commission's proceedings.

5. What does the Hearing Officer do?

The Hearing Officer assists the presiding member in conducting the committee proceeding.

6. Where will the hearings take place?

We try to accommodate the public by holding the hearings as much as economically feasible in the area of the project. The final decision is usually made at a regularly scheduled Business Meeting in Sacramento.

7. What laws cover this process?

The Energy Commission is governed by the Warren Alquist Act (Public Resources Code Section 25000 et seq.) and California Code of Regulations (Title 20). Both references are available to you on the Energy Commission Web Site. An updated version of the regulations can be found at www.calregs.com.

8. What can an individual or community expect to influence when going through this process?

The Energy Commission siting process guarantees the right of public participation and an open discussion of all aspects of the proposal. Early public participation helps assure that questions are asked and answered while changes can most effectively be considered.

Before the Energy Commission Committee's first Informational Hearing, the staff identifies issues that may be a problem or need further work and analysis. The information is available in "The Staff's Issue Identification Report." If there are additional issues, the public needs to make the Energy Commission aware through public comments. If the issues cannot be resolved satisfactorily through public comments, it may be necessary to intervene - as and individual or a group - and become a party in the case.

The Energy Commission usually cannot approve a project that does not conform to applicable laws, ordinances, regulations and standards (LORS) or which has significant environmental impacts which cannot be mitigated. By reading the Staff's Issues Identification Report, the public can learn if there are potential LORS and environmental issues. Public participation regarding any LORS or environmental issue can influence the approach that the applicant, staff and others take and ultimately the Energy Commission's decision.

9. What is the most effective way to influence the process?

Each project will have unique features. Earlier participation, when issues are still under study and the parties are more flexible, is the best time to try to influence the design of a project. Issues are discussed and quite often resolved in the workshops. Issues that remain in dispute are decided by the Committee after evidentiary hearings. That decision is made from the hearing record. It is important to note the difference between "public comment" and "testimony." Members of the public and interested governmental agencies are invited to attend evidentiary hearing, and may offer public comment upon the matters discussed. These public comments will be entered into the record of the proceeding and the Committee may rely on them to supplement or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on any issue. Only the testimony and relevant exhibits contained in the hearing record are sufficient in and of themselves to support a finding. Testimony is made under oath before the commission. To introduce testimony, one must be a party, an intervenor.

10. What does the Energy Commission do to review "impacts" like noise, stack pollutants, and water discharges?

The applicant proposes the project. The staff reviews the project. Before reaching a decision, the Committee, and ultimately the Energy Commission, must make findings and conclusion on all potential impacts. If there are "impacts," there must be conditions that mitigate the impact. The conditions are part of the certificate (license to operate).

11. If I want to know what's going on, how can I stay informed?

Interest List: Interested persons can be assured notification of upcoming Energy Commission meetings, workshops, hearings and site visits pertaining to a proposed power plant siting case by requesting their names be added to the project's "interest list." Persons may make this request at any of the workshops or hearings on the project or by calling the Public Adviser at 916-654-4489, toll-free in California at 800-822-6228 or by e-mail at PAO@energy.state.ca.us. Complete instructions for placing names on the project mail list via e-mail are located at http://www.energy.ca.gov/listservers.

Public Comment: In addition to signing up on the "interest list," individuals also are encouraged to attend Commission meetings on the case which is of particular interest to them. At these meetings, the public always has an opportunity to state their views either orally or in writing. The public also has the opportunity to hear the positions of the other parties and decide if individual interests are being protected. These public comments can be entered into the record of the proceeding and the Committee may rely on them to supplement or explain the evidence of record. However, it will not be sufficient, alone, to support a decision on any issue before the Commissioners. Comments do not have the same weight as testimony.

Intervenor Status: To intervene formally in a case, individuals must petition the Energy Commission committee in a particular case for "intervenor status." Intervenors are a full party to the proceedings, with the same rights and obligations as the other parties, such as the applicant and the staff. Intervenors have the right to present evidence and witnesses, the opportunity to obtain information from the other parties, the right to cross-examine the witnesses of the other parties at public hearings, and the right to receive all documents filed in the case. Intervenors also will have the duty to send copies of all filings to other parties, answer data requests from other parties, and submit witnesses to cross examination by other parties. Intervenor evidence can be used by the Commission as the basis for any part of the final decision. The Public Adviser will assist anyone desiring to intervene in a proceeding.

12. Do you have to be an attorney to intervene?

No. The Public Adviser's office can provide you with information, forms, and assistance, but cannot intervene for you.

13. If I want to read a staff report, how do I get a copy?

The Energy Commission's Docket is the repository for official records of all Energy Commission rulemaking proceedings, including certification for energy facilities. Upon request, the unit provides copies of docketed materials at a nominal charge when such documents are not available from the Energy Commission Library or the Publications Unit, located at 1516 Ninth Street in Sacramento. In certain instances, copies of docketed materials are also available in selected public libraries throughout California and in communities affected by the proposed facility. The reports and other commission documents are accessible on the Commission Web Site at www.energy.ca.gov/sitingcases/

NOTICE: Distributed by the Public Adviser's Office. This is for informational purposes only. It is designed to assist you in understanding the process. It is, therefore, general in nature and does not discuss all exceptions and variations.

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