Recently, Californians for Renewable Energy, Inc. (CARE), through Intervenor Carmela Garnica, filed a motion and other papers. The Committee has reviewed this filing and issues the following ORDER:
1. On or about May 9, 2001, Californians for Renewable Energy, Inc. (CARE), through Intervenor Camela Garnica filed its Motion to Reopen the Administrative Record to Fully and Fairly Search for, Identify, Analyze, Evaluate, and Publicly Disclose all Changed Facts & Circumstances stemming from the Recent, Current, and Ongoing Events involving the "Energy Crisis."
This Motion asks the Committee to reopen the evidentiary record to determine whether there are changes arising from the energy crisis which affect the review of the potential environmental or community impacts of the proposed project and any mitigation measures to address them.
First, CARE is not a party to this proceeding and the Committee finds this filing to be a sham. It is the same filing made by CARE, as an Intervenor, in at least one other proceeding, to wit, Mirant Deltaâs Contra Costa Power Project, Application For Certification, Docket No. 00-AFC-1. The motion does not contain one word authored by Intervenor Carmela Garnica.
CARE does not enumerate possible "changes arising from the energy crisis" to be considered if the record were reopened. All relevant information was considered by the Committee, leading to a proposed project whose potential impacts have been mitigated to a level of insignificance. The Committee's reasoning and the facts that support it are contained in the Commission Decision. CARE does not specify how the review in the Presiding Member's Proposed Decision or the Commission Decision is either deficient or how the reopening of the record would enhance it.
This proceeding is not subject to any of the Governor's Executive Orders arising from the declared electricity supply emergency. All of the public participation-oriented procedures of the Warren-Alquist Act and substantive requirements of the California Environmental Quality Act (CEQA) have been fully carried out.
ORDER: There has not been a sufficient showing to reopen the record.
