[California Energy Commission Letterhead]

STATE OF CALIFORNIA

Energy Resources Conservation
and Development Commission


In the Matter of                   )        DOCKET NO. 99-AFC-8							
                                   )
Application for Certification      )        NOTICE OF REVISED SCHEDULING
for the Blythe Energy Project      )        ORDER: NOTICE OF EVIDENTIARY
(Blythe Energy, LLC)               )	    HEARINGS   -and- 
                                   )        NOTICE OF COMMITTEE
                                   )        PREHEARING CONFERENCE
___________________________________) 


I. NOTICE OF CANCELLATION/REVISION OF SCHEDULE

The Committee Scheduling Order dated May 25, 2000, is hereby superceded and proceedings are rescheduled as set forth in Part VI, below.

II. NOTICE OF EVIDENTIARY HEARINGS

The Committee will conduct evidentiary hearings to receive evidence on all aspects of the proposed project. This NOTICE provides information regarding the dates and locations of the hearings to be held November 27 and 28, 2000, and November 30, 2000, if the latter date is needed.

Date Location
MONDAY, November 27, 2000
Beginning at 1:00 p.m.
Ending at 10:00 p.m. (Approx.)
(Dinner break from 5 p.m. to 7 p.m.)
BLYTHE CITY HALL - ADMINISTRATION
Council Chambers
235 N. Broadway
Blythe, California 92225
TUESDAY, November 28, 2000
Beginning at 8:00 a.m.
Ending at 12:00 Noon
BLYTHE CITY HALL - ADMINISTRATION
Council Chambers
235 N. Broadway
Blythe, California 92225
THURSDAY, November 30, 2000
Beginning at 9:00 a.m.
Ending at 1:00 p.m. (Approx.)
(If needed)
CALIFORNIA ENERGY COMMISSION
First Floor, Hearing Room A
1516 Ninth Street
Sacramento, California

A schedule with dates for filing prepared testimony and exhibits is set forth below in Part IV. A Topic and Witness Hearing Schedule for each topic will be determined at a later time.

III. STATUS UPDATE

The Preliminary Staff Assessment/Draft Environmental Assessment (PSA/EA) was issued on September 1, 2000. Unavoidable delay in the issuance of the Final Staff Assessment (FSA) previously scheduled for October 25,2000, has resulted in all later matters needing to be rescheduled. The FSA will now be issued on November 13, 2000, and will include all topics.

The requirement that the South Coast Air Quality Management District (SCAQMD) approve the use of the currently identified volatile organic compounds (VOC) emission reduction credits (ERC) before the issuance of the Final Determination of Compliance (FDOC) has been eliminated and the FDOC was issued on October 26, 2000. The Mojave Desert Air Quality Management District (MDAQMD) did note, in issuing the FDOC, that the Applicant cannot, however, commence construction without action by the SCAQMD Board.

To accommodate intervenor and agency interest in this proceedings, most if not all, of the evidentiary hearings will be held in Blythe. This will provide an opportunity for members of the local community to attend. Hearings in Blythe will be planned to include those topics where extensive cross-examination of witnesses is expected. The order of topics to be heard at the evidentiary hearings will be determined at or after the Prehearing Conference (PHC) on November 17, 2000.

IV. PREHEARING AND POST-HEARING PROCEDURES

A. Status Reports

Each party shall prepare, file and serve status reports on a monthly basis, commencing December 1, 2000, and continuing until the Presiding MemberÕs Proposed Decision (PMPD) is issued. Those status reports shall cover every aspect of this proceeding and any other matter deemed pertinent by the party filing the report. In addition, any party receiving information that affects the scheduling or decision in this matter shall immediately file and serve a supplemental status report.

B. Filing of Testimony by All Other Parties

All parties, other than Staff, shall file their written testimony, exhibits and witness qualifications no later than noon, November 16, 2000. No rebuttal testimony will be filed. No witness will be allowed to testify unless written testimony has been filed as herein ordered. All parties, agencies and the public should be aware that this order does not preclude public comment on the proceedings, which will as always, be accommodated.

C. Prehearing Conference and Prehearing Conference Statements

A Prehearing Conference will be held as follows:

FRIDAY, November 17, 2000
9:00 a.m. - 11:00 a.m.
CALIFORNIA ENERGY COMMISSION
1516 Ninth Street
Hearing Room B
Sacramento, California 95814
[Wheelchair Accessible]

The purpose of the Prehearing Conference is to determine which witnesses will be subject to cross-examination and the areas of existing disagreement in the various topics. Applicant, Staff, and each Intervenor shall prepare a Prehearing Conference Statement and bring it to the Prehearing Conference on November 17, 2000. Those statements shall identify, to the extent possible, each topic area where disagreement exists and the anticipated length of cross-examination of specific witnesses. Applicant, Staff and each Intervenor shall be prepared to fully discuss their respective positions on all issues. This will enable the Committee to conduct the evidentiary hearings in an orderly and effective manner, to provide sufficient time to thoroughly examine all controverted issues, and to free Staff and other witnesses from the obligation to be present if no cross-examination is needed. To request participation in the Prehearing Conference by telephone, contact the Public Advisor, Roberta Mendonca, at (916) 654-4489 or (800) 822-6228 or email at: pao@energy.state.ca.us, to make arrangements.

V. EVIDENTIARY HEARING PROCEDURES

A. Purpose

The purpose of the Evidentiary Hearing is to establish the factual record necessary for the Commission to reach a decision on the proposed project. The record is developed by the presentation of oral and written testimony, as well as documentary evidence, submitted by the parties. Evidentiary Hearings are more structured than the informal workshops and Committee Conferences that have already occurred. The parties must identify their witnesses and submit their testimony in writing prior to the hearings. Relevant exhibits must also be identified prior to the hearings. Witnesses will testify under oath or affirmation and will be subject to cross-examination by other parties who have formally intervened in this case. The testimony of witnesses who will not be subject to cross-examination will be taken at the end of the hearings.

At the hearings, a party sponsoring a witness shall briefly establish the witnessÕ qualifications and ask the witness to orally summarize the prepared testimony before requesting that the written testimony be moved into evidence. Relevant exhibits that have been previously identified may be offered into evidence at that time as well. At the conclusion of a witnessÕ direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate. Multiple witnesses may testify as a panel, if warranted.

The Applicant has the burden of presenting evidence sufficient to support the findings and conclusions required for certification of the site and related facilities. [Cal. Code of Regs., tit. 20, ¤ 1748(e).] The evidentiary record will be closed at the conclusion of the evidentiary hearings. The Committee will then consider all the evidence in the record, determine its appropriate weight, and base the proposed decision thereon.

B. Public Participation

Members of the public and interested governmental agencies are invited to attend these hearings and may offer unsworn public comment upon the matters discussed at the hearings. These public comments will be entered into the record of the proceeding and may be used 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 an issue.

The CommissionÕs Public Adviser, Roberta Mendonca, is available to provide information and to assist the public in participating at the hearings. If you have questions about the process or how to participate, contact the Public Adviser at (916) 654-4489 or (800) 822-6228 or email at: pao@energy.state.ca.us

VI. SCHEDULE

DATE EVENT
November 13, 2000 Staff files FSA
November 16, 2000 (Noon) All other parties file testimony, exhibits and qualifications of witnesses
November 17, 2000 Prehearing Conference in Sacramento
November 27, 2000 First Day of Evidentiary Hearings in Blythe
November 28, 2000 Second Day of Evidentiary Hearings in Blythe
November 30, 2000 Third Day of Evidentiary Hearings in Sacramento, if needed
December 15, 2001 All Parties submit briefs on contested issues

VII. INFORMATION

Members of the public may participate in all phases of the licensing process in a variety of ways. If you need information concerning public participation, please contact Roberta Mendonca, the Energy Commission's Public Adviser, at (916) 654-4489 or, toll free in California, at (800) 822-6228 or, email: pao@energy.state.ca.us

Technical questions concerning the project should be addressed to Lance Shaw, the Energy Commission's Project Manager, at (916) 653-1227 or, email at: lshaw@energy.state.ca.us

Questions of a legal or procedural nature should be directed to Ed Bouillon, the Hearing Officer, at (916) 651-9942 or, email at: ebouillo@energy.state.ca.us

If you require special accommodation to participate in this event, please contact Robert Sifuentes at least five days before the Hearing at (916) 654-5004 or, email at: rsifuent@energy.state.ca.us

Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or, email at: energia@energy.ca.gov

Information concerning the status of the project, as well as notices and other relevant documents, is also available on the Energy Commission's Internet home page at: www.energy.ca.gov/sitingcases/blythe



DATE ON LINE: November 9, 2000


ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION




WILLIAM J. KEESE
Chairman and Presiding Member
Blythe AFC Committee


ROBERT A. LAURIE
Commissioner and Associate Member
Blythe AFC Committee




| Back to Main Page | Homepage | Calendar | Directory/Index | Search |