[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

In the Matter of: ) Docket No. 98-SIT-5
Calpine Corporation and Bechtel ) NOTICE OF COMMITTEE
Enterprises, Inc. [Delta Energy Center] ) HEARING
Petition for Jurisdictional Determination )  
______________________________ ) (Cal Code of Regs.,title 20, Section 1232)




On September 17, 1998, Delta Energy Center filed a "Petition for Jurisdictional Determination" regarding the application of Public Resources Code section 25540.6. Petitioner requests that the Commission determine whether Delta Energy Center is exempt from the Notice of Intention (NOI) requirements of Public Resources Code section 25502. Petitioner contends that the Delta Energy Center proposed project is a market-based response to the formation of the California Power Exchange (PX) which solicits energy bids on an hourly basis. The project will be operated to sell all or some of its output to the PX.



NOTICE IS HEREBY GIVEN that the Commission's Energy Facility Siting Committee will conduct a public hearing to discuss the matters raised in this Petition. The hearing is scheduled as follows:

Beginning at 11 a.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California

[Wheelchair Accessible]

The purpose of this public hearing is to receive evidence and comments on the Petition from all interested parties. Petitioner is directed to provide testimony and documentary evidence concerning its request at the hearing. Interested parties and members of the public may question Petitioner's witness(es) at the hearing and comment upon the Petition.

Petitioner is directed to respond to the following inquiries regarding its Petition:

  1. Does Petitioner contend that the PX process constitutes a "competitive solicitation or negotiation?" If so, on what basis?

  2. Provide evidence to establish that Petitioner's prospective project is "the result of a competitive solicitation or negotiation."

  3. Describe the specific nexus between the particular project proposed by Petitioner and the PX's solicitations for "day ahead" and "hourly bids". How is the proposed project anticipated to perform under both scenarios?

  4. Is it Petitioner's position that its proposal to develop a merchant power plant to sell energy through the PX creates an irrebuttable presumption that such proposal is the "result of a competitive solicitation or negotiation?"

  5. Is Petitioner negotiating with any other potential power purchasers or power exchanges?

  6. What is Petitioner's registration status at the PX? If Petitioner has not begun the registration process, what are Petitioner's plans regarding registration and negotiation for a "PX Participation Agreement?"

  7. Identify Petitioner's principal corporate owners and/or other entities or individuals who are legally and financially responsible for the development, construction, and operation of the proposed project.

  8. Describe Petitioner's experience and assets with regard to power generation acquisition, and powerplant development, ownership and operation.

  9. Describe the specific location where the project will be constructed, and describe Petitioner's site selection criteria that led to this particular site location.

  10. Provide evidence describing the project components sufficiently to establish that the proposed facility is a natural-gas fired power plant.

  11. Provide evidence to establish that the proposed project can be developed and operated without the benefit of ratepayer support or guarantees.

  12. Explain how Petitioner's negotiations will be affected by the Independent System Operator's "congestion" and "ancillary services" market activities.

Petitioner shall serve its responses to the inquiries listed above in the form of affidavits providing testimony executed under penalty of perjury by one or more principals representing the project, as well as copies of the documentary evidence that it intends to offer, and Commission staff shall serve a written statement discussing the matters raised in the Petition, upon all entities included on the Proof of Service List as well as those listed in Attachment A, no later than 5:00 p.m. on Thursday, November 5, 1998. Identify all filings with "Docket No. 98-SIT-5." The Committee also advises any individual or entity intending to actively participate in this proceeding to file and serve a written statement explaining its position, in accordance with the above filing directions.

Following the hearing, the Committee will assess the need for further information on this matter. Subsequently, we will prepare a recommendation concerning disposition of this Petition for consideration by the full Commission.

For information on how to participate at this hearing, contact Roberta Mendonca, the Commission's Public Adviser, at (916) 654-4489 or 800-822-6228 or email at: rmendonc@energy.state.ca.us

If you have a disability and require reasonable accommodation to participate, contact Robert Sifuentes at (916) 654-5004 or email at: rsifuent@energy.state.ca.us

Procedural or legal questions may be directed to the Hearing Officer, Susan Gefter, at (916) 654-3893 or email at: sgefter@energy.state.ca.us


Dated: October 19, 1998
















Commissioner and Presiding Member

Vice Chair and Associate Member

Energy Facility Siting Committee

Energy Facility Siting Committee

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