In the Matter of: ) Docket No. 98-AFC-3 ) Application for Certification ) COMMITTEE for the Delta Energy Center ) SCHEDULING ORDER [Calpine Corporation and Bechtel ) Enterprises, Inc.] ) ____________________________________ )
This Scheduling Order is based on discussions at the March 22, 1999, Informational Hearing and the proposed schedule submitted by Staff in its March 12, 1999, Issue Identification Report.
The following Committee Schedule lists the events that must occur in order to meet the 12-month review period. This schedule covers the entire 12-month period and differs from the schedule that was discussed at the March 22nd Informational Hearing. Several deadlines are contingent upon reviews to be conducted by federal, state, and local agencies. The Committee recognizes that the completion of those reviews may necessitate schedule modifications.
The Committee may modify the schedule at any time either upon its own motion or that of a party. (Title 20, Cal. Code of Regs., section 1709(c)). The schedule requires periodic status reports from the parties to determine whether case development is progressing satisfactorily, and to bring potential schedule delays or other relevant matters to the Committee's attention. If the Committee determines that Applicant has not provided necessary information by the dates set forth in the schedule, the Committee will consider the option of adopting a performance approach that would entail a day-for-day slip in the balance of the schedule.
In order to comply with the statutory directive that the Commission issue a final decision within twelve months from the date an application is deemed complete [see, Pub. Resources Code, sections 25522(a), 25540.6(a)], the Committee must conclude evidentiary hearings in this proceeding by mid-October, 1999.
As shown below, the schedule provides that Applicant's contracts and/or signed options for emission reduction credits (ERCs) should be filed by September 13, 1999, prior to release of the Final Staff Assessment (FSA). Staff has requested that Applicant's ERCs be banked with the Bay Area Air Quality Management District (BAAQMD) and letters of intent be filed prior to the Preliminary Staff Assessment (PSA) release date. The Committee encourages Applicant to meet these deadlines to provide sufficient review time for the responsible agencies.
COMMITTEE SCHEDULE for DELTA ENERGY CENTER
EVENT DATE Commission deems AFC data adequate February 17, 1999 Staff issues data requests (except for air quality and water resources) to Applicant March 1 Informational Hearing & Site Visit March 22 Applicant provides PG&E's Detailed Facilities Study to Cal-ISO and CEC March 24 Staff issues data requests re air quality and water resources March 24 Applicant files data responses (except for air quality and water resources) March 31 Applicant initiates wetlands delineation process for U.S. Army Corps of Engineers review March-April Applicant files application with the S.F. Regional Water Quality Control Board (RWQCB) for NPDES permit April Applicant provides notification to California Dept. of Fish & Game (CDFG) regarding streambed alteration plans April Public workshops on issues of concern April-July Applicant files data responses on air quality and water resources April 26 Applicant provides Cal-ISO's comments on PG&E's Detailed Facilities Study April 26 Status Report #1 due to Committee (indicate whether air and water data responses and Cal-ISO's comments are filed) April 28 Status Report #2 due to Committee (pending data responses) May 21 Applicant provides Preliminary Determination of Compliance (PDOC) from BAAQMD June 21 Status Report #3 due to Committee (is PDOC filed?) June 23 Committee conducts Status Conference, if necessary July 7 Status Report #4 due to Committee (pending data responses) July 22 Staff releases Preliminary Staff Assessment (PSA) August 2 Staff conducts PSA workshops August 11-23 Applicant provides Final Determination of Compliance (FDOC) from BAAQMD August 19 Parties file Prehearing Conference Statements August 24 Committee Prehearing Conference August 31 Applicant submits contracts and/or signed options for ERCs September 13 Staff releases Final Staff Assessment (FSA) as testimony September 20 Applicant and all other parties submit testimony September 20 Parties file rebuttal testimony September 27 Evidentiary hearings October 5-15 Parties file Opening Briefs October 25 Parties file Reply Briefs November 5 Presiding Member's Proposed Decision (PMPD) issued December 13 Parties file comments on PMPD January 3, 2000 Conference on PMPD January 11 Close of comment period on PMPD January 14 Revised PMPD issued January 24 Conference on Revised PMPD February 1 Commission considers Revised PMPD February 16
Members of the public may participate in all phases of the licensing process in a variety of ways. For information on public participation, contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or (800) 822-6228 or email: firstname.lastname@example.org
Technical questions concerning the project may be addressed to Paul Richins, the Project Manager at (916) 654-4074 or email at: email@example.com
Legal or procedural questions should be directed to Susan Gefter, the Hearing Officer, at (916) 654-3893 or email at: firstname.lastname@example.org
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or email at: email@example.com
Information concerning the status of the project, as well as notices and other relevant documents, is available on the Energy Commission's Internet home page at: www.energy.ca.gov/sitingcases/delta
Date On-line: April 1, 1999
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
WILLIAM J. KEESE, Chairman
Delta Energy AFC Committee
JANANNE SHARPLESS, Commissioner
Delta Energy AFC Committee
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