In the Matter of ) DOCKET NO. 99-AFC-8 ) ) Application for Certification ) ORDER ON "MOTION" FOR for the Blythe Energy Project } RE-CIRCULATION OF THE FINAL (Blythe Energy, LLC) ) STAFF ASSESSMENT } ________________________________}
I. SUMMARY OF THE ALLEGED MOTION
On December 19, 2000, the Committee received a letter from Intervenor CARMELA F. GARNICA indicating that she is being assisted in this matter by Mike E. Boyd of Californians for Renewable Energy (CARE) and requesting that the Energy Commission "provide Mr. Boyd any past, present, and future documentation regarding the Blythe Energy Plant (sic) Project that is provided to (her). That request has been answered separately. Attached to that letter was a document entitled "Motion for Re-circulation of the Final Staff Assessment (FSA)."
II. RULING ON MOTION
The Motion, if it can be called that, was filed by Californians for Renewable Energy, Inc. (CARE), not by the Intervenor CARMELA F. GARNICA. The proof of that is in the last paragraph of the "motion" itself: "...intervenor CARE moves that the California Energy Commission ..." and the "motion" is signed by Michael E. Boyd as President of CARE. CARE is not an Intervenor in this proceeding. CARE has never filed any Petition to Intervene in this proceeding. From her letter, described above, the Committee understands that the Intervenor, CARMELA F. GARNICA, is receiving assistance from Mr. Boyd. That fact, however, does not make either Mr. Boyd or CARE an intervenor in this proceedings, nor give them any rights separate and apart from those of Ms. Garnica. The "motion" does not even attempt to demonstrate good cause for the re-circulation of the FSA on the part of Ms. Garnica. There is no allegation, nor could there be, that she was denied the opportunity to review it and comment on it. The "motion" is nothing more than a thinly disguised attempt to intervene in this proceeding after the evidentiary hearings have been concluded, without a petition to do so and without any demonstration of good cause.
The motion is REJECTED.
Date On-Line: January 8, 2001
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
WILLIAM J. KEESE, Chairman
Blythe AFC Committee
ROBERT A. LAURIE, Commissioner
Blythe AFC Committee
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