[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

The Committee designated by the Commission to conduct proceedings in the above-captioned matter, has considered the Petition to Intervene filed by Mr. Brad Foster (Petitioner) and finds:

  1. On June 22, 1999, a Petition to Intervene in the above-captioned proceeding was filed by:

    Brad Foster
    3568 O'Banion Road
    Yuba City, CA 95993

  2. The Petition was timely filed;

  3. The Petitioner states the extent to which he desires to participate, and indicates that he desires to represent himself in the proceedings;

  4. The Petitioner states that he:
    has an interest in the proceeding in that the Commission's certification process does not comply with the substantive requirements of the California Environmental Quality Act, by failing to produce either a traditional Environmental Impact Report (EIR) or its substantive equivalent, or by failing to conduct an [sic] Notice of Intent proceeding.

  5. The Applicant has filed opposition to said Petition;

  6. The Commission has previously determined that the Delta Energy Center is exempt from the Notice of Intention requirements (Order No. 98-1202-05).

Petitioner's stated interest (quoted in Item 2, above) echoes the argument recently asserted by the same Mr. Foster in his "Petition for Reconsideration of the Sutter Decision (Docket No. 97-AFC-2)." In an Order dated June 23, 1999 (Order No. 99-0623-2), the Commission rejected Mr. Foster's view that the Commission's power plant certification process does not comply with current law because it fails to either produce an environmental impact report or conduct a Notice of Intention proceeding. This is essentially the same position offered here by Mr. Foster as the sole basis for his interest in the Delta Energy Center proceeding.

Based upon the facts before us, we conclude that the Petition does not state an interest relevant to this project and does not state appropriate grounds for intervention. Therefore, the Petition to Intervene filed by Mr. Foster in this matter is DENIED.

Date On Line: July 12, 1999


Chairman and Presiding Member
Delta Energy Center AFC Committee

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