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[California Energy Commission Letterhead]
 
PETITION TO MODIFY THE APPLICATION FOR
CERTIFICATION OF THE BLYTHE ENERGY POWER
PLANT PROJECT
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Docket No. 99-AFC-8C


NOTICE OF EVIDENTIARY HEARING AND HEARING ORDER

NOTICE IS HEREBY GIVEN that the Committee will conduct a formal evidentiary hearing on the proposed Blythe Energy Power Plant Modification as follows:

FRIDAY, September 22, 2006
Beginning at 2:00 p.m.
Hearing Room B
CALIFORNIA ENERGY COMMISSION
1516 9th Street
Sacramento, California 94814
(Wheelchair Accessible)

TELECONFERENCE OPTION: For the convenience of individuals who cannot travel to Sacramento, the following toll free phone number will be available at 2:30 p.m. to allow callers to participate in the evidentiary hearing:


Call: 1-800-857-0373

Pass Code: Blythe
Conference Leader: Ed Bouillon


For security reasons, the Pass Code and the leader's name will be required to join your call.

BACKGROUND

At the Prehearing Conference on July 31, 2006, the parties indicated they were not ready to proceed with the evidentiary hearing because of several issues brought to light shortly before, and in fact, at the Prehearing Conference. The majority of technical topics were undisputed and subject to submission by sworn declarations at an evidentiary hearing.

The Committee directed the parties to hold an informal conference among themselves immediately following the Prehearing Conference and schedule a workshop if necessary in an effort to resolve those issues. The informal conference was held that same afternoon outside the presence of the Committee and a workshop was held on August 16, 2006.

The workshop appears to have resolved most, if not all, of the disputed issues. It does not appear that there will be any disputed issues other than the preferred location for the midpoint substation. In all likelihood, the Committee will not require further briefing on the issue of the preferred location for the midpoint substation. Staff has docketed its revised analysis based on the workshop and the issues discussed therein. The latest Status Report indicates Staff does not expect that there will be any issues disputed at the Evidentiary Hearing.

The Committee intends to accept all testimony by stipulation, based on the conduct of the parties to date. If such be the case, no live testimony will be required.

EVIDENTIARY HEARING PROCEDURES

The purpose of the evidentiary hearing is to establish the factual record necessary for a decision on the Project proposal. The record is developed by the presentation of testimony and documentary evidence. Testimony on undisputed topics may be submitted by declarations filed under penalty of perjury. These declarations may be offered into evidence by stipulation of the parties.

The parties' witnesses who do appear in person or participate by phone shall testify under oath or affirmation and shall be available for cross-examination.

Each party sponsoring a witness shall establish the expert qualifications of the witness and ask the witness to summarize the prepared testimony before moving the testimony into evidence. At the conclusion of direct testimony, the witness may be cross-examined, followed by redirect and recross examination as appropriate. Multiple witnesses may testify as a panel, if warranted.

REQUIRED FILINGS

The parties shall file and serve copies of their supplemental written testimony, revised conditions, additional exhibits, and final exhibit lists no later than 5 p.m. on September 19, 2006. Any request for live testimony and/or cross-examination must be included in the filings, except for good cause shown at the Evidentiary Hearing.

These proceedings concern the Applicant's petition for an Amendment to the previous granted license for the Blythe Energy Project. Any or all of the parties may also submit a draft form of the Committee's proposed order in this matter along with any written discussion of the merits, or lack of them, of the contents of a proposed decision, taking into consideration the nature of these proceedings.

The parties shall also provide electronic copies of their written testimony, revised conditions, and exhibit lists to the Proof of Service list and to the Hearing Officer, in Word format , via e-mail.

The rules of evidence pertaining to these hearings are found at Sections1212-1213 of the Commission's regulations. [Cal. Code Regs., tit. 20, 1212, 1213; see also 1702 (h)].

The Applicant has the burden of presenting sufficient substantial evidence to support the findings and conclusions required for certification of the site and related facilities. [Cal. Code Regs., tit. 20, 1748(e)].

PUBLIC PARTICIPATION

Members of the public may participate at the evidentiary hearing by providing oral or written comments on the Project. For information on how to participate, contact Margret J. Kim, the Energy Commission's Public Adviser, at 916-654-4489 or 1-800-822-6228 or email at: [pao@energy.state.ca.us]

The deadline to file a Petition to Intervene in this proceeding was July 31, 2006. All petitions filed have been granted and no further petitions will be considered, unless for good cause demonstrated for delay in the petition.



ADDITIONAL INFORMATION

For technical questions about the project, contact Jack Caswell, the Energy Commission's Project Manager, at (916) 653-0062 or email: jcaswell@energy.state.ca.us.

Questions of a legal or procedural nature should be directed to Ed Bouillon at (916) 654-3893, or email: ebouillo@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: mediaoffice@energy.ca.gov.

If you have a disability and need assistance to participate in this event, contact Lourdes Quiroz at 916-654-5146 or e-mail at: lquiroz@energy.state.ca.us.

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:
http://www.energy.ca.gov/sitingcases/blythetline/index.html.



Dated: September 11, 2006, at Sacramento, California.




JOHN L. GEESMAN
Commissioner and Presiding Member
Blythe Energy Project Modification


JAMES D. BOYD
Vice Chair and Associate Member
Blythe Energy Project Modification



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