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For Immediate release: May 20, 2003
Media Contact: Claudia Chandler - (916) 654-4989

Energy Commission Prevails in Metcalf Court Challenge

Sacramento - The California State Supreme Court has denied a challenge by the Santa Theresa Citizen's Action Group to the California Energy Commission's decision to license the Metcalf Energy Center. Justices denied a request to hear a Court of Appeal decision that upheld the legality of the Energy Commission judicial review process for power plant licenses. In doing so, justices reaffirmed the Constitutionality of the statute that requires that an appeal of an Energy Commission decision be heard by the State Supreme Court.

The Santa Theresa Citizens Action Group had filed the lawsuit in an effort to invalidate the Energy Commission license granted the Metcalf Energy Center on September 24, 2001. The neighborhood association is also appealing a Superior Court decision that denied a challenge to the air permit issued for the project by the Bay Area Air Quality Management District - the U.S. Ninth Circuit Court of Appeals recently rejected a similar challenge to the federal air permit - and the decision by the City of San Jose and the Santa Clara Valley Water District to extend a pipeline to supply the project with reclaimed water.


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