In the Matter of: ) Docket No. 98-AFC-3 ) Application for Certification ) NOTICE OF PREHEARING for the Delta Energy Center ) CONFERENCE (Calpine Corporation and Bechtel ) Enterprises, Inc.) ) ________________________________________)
I. NOTICE OF PREHEARING CONFERENCE
NOTICE IS HEREBY GIVEN that the Committee designated to conduct proceedings in the above-captioned matter has scheduled a public Prehearing Conference as follows:
NOTICE LOCATION CHANGE!
MONDAY, AUGUST 23, 1999
Beginning at 6 p.m.
Pittsburg City Hall
City Council Chambers
65 Civic Avenue
BUCHANAN PARK COMMUNITY CENTER
4150 HARBOR STREET
* * *
Purpose of Prehearing Conference
The Prehearing Conference provides an opportunity for the parties and interested agencies to identify which substantive topics in this proceeding are not disputed, which topics require further analysis, and which topics require adjudication at the Committee's evidentiary hearings. (Title 20, California Code of Regulations, Section 1718.5). Members of the public are encouraged to attend the Conference and may comment on any topic related to the project.
The Prehearing Conference is a public forum where the Committee will assess the parties' readiness for evidentiary hearings, identify areas of agreement or dispute, and discuss the procedures that are necessary to conclude the certification process. In this regard, the Committee directs the parties to present their respective positions on the matters mentioned above, and to discuss future filing dates for testimony and other evidentiary documents, briefing and comment periods, and other related items reflected in the schedule.
Prehearing Conference Statements
To facilitate the process, each party shall serve and file a Prehearing Conference Statement. The Statements must be received by the other parties and the Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512, no later than 5:00 p.m. on Monday, August 16, 1999. Identify these Statements with "Docket No. 98-AFC-3."
Each Statement shall specify:
- The topic areas that are complete and ready to proceed to evidentiary hearings;
- The topic areas that are not complete and not yet ready to proceed to evidentiary hearings, and the reasons therefor;
- The topic areas that remain disputed and require adjudication, and the precise nature of the dispute for each topic;
- The identity of each witness sponsored by each party, the topic area(s) which each witness will present; a brief summary of the testimony to be offered by each witness; qualifications of each witness; and the time required to present direct testimony by each witness;
- Any exhibits or affidavits a party intends to offer into evidence and the technical topics to which they apply; and
- Comments on the schedule.
Request to Agency Participants to Provide Progress Reports
The Commission and Applicant's ability to complete the licensing process in a timely manner is highly dependent upon the concurrent reviews of other regulatory entities. For this proceeding, actions of the City of Pittsburg, the Bay Area Air Quality Management District, the Delta Diablo Sanitation District, the San Francisco Bay Regional Water Quality Control Board, the Contra Costa County Fire Protection District, the US Fish & Wildlife Service, and the California Department of Fish and Game are critical.
By this Notice, the Committee requests each of these agencies to provide a detailed status review of their deliberations related to the Delta Energy Center at the Prehearing Conference. Of particular importance is an indication of specific schedule commitments, as the schedule for the remainder of this case will be predicated upon assumptions regarding the availability of timely regulatory determinations on air, water resources, land use, and biological resources.
Petitions to Intervene to Become a Formal Party
The Decision on the Delta Energy Center will be based on the official record that is developed at the Committee's evidentiary hearings where the parties will present testimony under oath and offer documents as evidence for the record. Only formal parties may present testimony, cross-examine witnesses, and offer evidence at the evidentiary hearings.
Anyone with a legitimate interest relevant to the siting of the proposed project may file a Petition to Intervene with the Committee to become an "Intervenor" or formal party to the proceeding. Party status provides the following rights to Intervenors: the right to present independent testimony and documentary evidence; to receive pertinent documents; and to cross-examine witnesses. Party status also carries certain obligations, which include the duty to comply with Committee orders, procedures, and filing requirements, as well as being subject to cross-examination by other parties.
The Public Adviser's Office will assist any person or organization that is interested in preparing a Petition to Intervene. Commission regulations provide that a Petition to Intervene should be filed at least 30 days prior to the beginning of evidentiary hearings. [Title 20, California Code of Regulations, Section 1207(b)]. Petitions to Intervene in this case should be filed no later than the Prehearing Conference on Monday, August 23, 1999. Typically, time extensions for new Intervenors to review existing case materials are not granted after the deadline, since to do so could delay the proceeding.
How to Intervene
Those desiring information or assistance in filing a Petition to Intervene or to otherwise participate in this proceeding, please contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or (800) 822-6228 or email at: email@example.com
II. ADDITIONAL INFORMATION
As stated above, individuals desiring information or assistance in filing a Petition to Intervene or to otherwise participate in this proceeding may contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or (800) 822-6228 or email at: firstname.lastname@example.org
Technical questions concerning the project should be addressed to Paul Richins, the Commission Staff's Project Manager at (916) 654-4074 or email at: email@example.com
Questions of a legal or procedural nature should be directed to Susan Gefter, the Committee's 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 homepage at: www.energy.ca.gov/sitingcases/delta
Dated: July 30, 1999
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
WILLIAM A. KEESE
Chairman and Presiding Member
Delta Energy Center AFC Committee
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