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: pao@energy.state.ca.us

Technical questions concerning the project may be addressed to Paul Richins, the Project Manager at (916) 654-4074 or email at: prichins@energy.state.ca.us

Legal or procedural questions should be directed to Susan Gefter, the Hearing Officer, at (916) 654-3893 or email at: sgefter@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 at: energia@energy.ca.gov

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
_____//__signed__//_____ WILLIAM J. KEESE, Chairman Presiding Member Delta Energy AFC Committee	_____//__signed__//_____ JANANNE SHARPLESS, Commissioner Associate Member Delta Energy AFC Committee

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