Community Health First
3 Marlin Dr.
Pittsburg, CA 94565
STATE OF CALIFORNIA
Energy Resources Conservation
And Development Commission
In the Matter of: ) Docket No. 98-AFC-3 ) ) Notification to Cure or Correct ) Brown Act Violation. The Application for Certification ) From Joe Hawkins going by For the Delta Energy Center (DEC) ) Community Health First ________________________________________ )
Community Health First, represented by Joe Hawkins, a party in Intervention hereby Petitions the Energy Commission of the fact that by denying me the right to reopen and question the Applicants witnesses and due to the location and sitting and length of time of the hearing and process CEC 98-AFC-3 including the hearing of Nov. 18th, 1999 and the brief that followed they are in violation of the Brown Act. This is a notice to Cure or Correct this violation. Which is also being forwarded to the District Attorneys office.
This Notice is being made on the grounds that:
- I during the hearing informed all parties that I had a concentration time of only 2 to 3 hours.
- The Location was next to a sanitation process which when I tried to get fresh air hoping it would help the outside air was also making me sicker.
- The length of the hearing was until past 2:00 am in the morning on a week day which in itself is unheard of.
- MY requests have been denied to reopen the case so that I may question on health related issues that we where denied because I was the one who was suppose to question on those subjects. Jim MacDonald was suppose to only cover the Environmental Justice Issues for Community Health First and you did not take my notice of time restrictions into account and allowed the proceedings to go forward any way knowing of my time limitations due to my illness.
- Even after the hearing the Transcript relating to the November 18th Evidentiary Hearing was not filed until November 29, 1999, one day before the briefing deadline mandated by Order of this Commission. (And the transcript was only "available" to be read by persons with e-mail capability).
You did not again take into consideration my concentration time limits. Even after I appealed and brought them out to you. You also knowing of my illness in that you where informed in the Nov. 3rd, 1999 hearing by Mike Boyd of Californians For Renewable Energy. That was also when he informed you that the hearings needed to be in the afternoons because of my health. I also informed you on other occasions in e-mails. I have told you of my chemical related injuries and limitations which are also widely advertised in the media as Multiple Chemical Sensitivities, or in my case toxic chemical poisoning as in most MCS cases, which range with a whole slue of symptoms many of which I was having before the Gulf War was even fought. Chronic Fatigue, Chemical sensitivity, lack of concentration, memory loss, mood swings, systemic auto-immune response, joint and muscle pain, organ damage, Etc . The fact that you deal with chemical releasing plants means you should already know these symptoms. I am saying remedy this violation as much as possible. Start over after I had to leave at the first break would be a good start and shorten the length of time and by breaking up the hearing into more days and only a couple of hours to 3 hours tops depending on my health. Also choose a cleaner environment. One less toxic in itself, locally if there is one? This area is toxic all over. You would be better off having it upwind of the power plants and industry in this area. Also no perfumes or colognes allowed in the hearing, including hair sprays, scented moose, fresh finger nail polish, and etc . Make sure the route to it so it is not through up town Pittsburg on the North Side of Highway 4. These are all common sense things. Especially sense everyone was suppose to have studied our air in this area and should already know about the constant releases that are in the up town area. The residents live with it. They know.
I am now requesting that these Brown Act Violations be Cured or Corrected.
December 17, 1999 ____________________________ COMMUNITY HEALTH FIRST JOE HAWKINS PARTY IN INTERVENTION