[California Energy Commission Letterhead]

STATE OF CALIFORNIA

Energy Resources Conservation
and Development Commission


In the Matter of:               )     Docket No. 98-AFC-3
                                )
Application for Certification   )     NOTICE OF EVIDENTIARY
for the Delta Energy Center     )     HEARINGS and PROCEDURES 
(Calpine Corporation and        )	
Bechtel Enterprises, Inc.)      )
________________________________)

I. NOTICE OF EVIDENTIARY HEARINGS

The Committee will conduct formal hearings to receive evidence on all aspects of the proposed power plant project. This NOTICE provides information regarding the dates and locations of the hearings to be held October 5, 6, 13, and 27, 1999, a schedule of witnesses for each topic and dates for filing prepared testimony and exhibits [Attachment A] (see below); and a summary schedule [Attachment B] (see below).

When Where
TUESDAY, OCTOBER 5, 1999
Beginning at 9 a.m.
TELECONFERENCE (Toll Free)
Dial 1-888-793-1858 Code: Delta		 CALIFORNIA ENERGY COMMISSION
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California
WEDNESDAY, OCTOBER 6, 1999
Beginning at 2 p.m. (CANCELLED)
TELECONFERENCE (Toll Free)
Dial 1-888-793-1858 Code: Delta		 CALIFORNIA ENERGY COMMISSION
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California
WEDNESDAY, OCTOBER 13, 1999
Beginning at 6 p.m.
 		DELTA DIABLO SANITATION DISTRICT
District Board Room
2500 Antioch-Pittsburg Hwy at Arcy Lane
Antioch, California
WEDNESDAY, OCTOBER 27, 1999
Beginning at 5 p.m. 		DELTA DIABLO SANITATION DISTRICT
District Administration Building
2500 Antioch-Pittsburg Hwy at Arcy Lane
Antioch, California

SEE REVISED EVIDENTIARY HEARING SCHEDULE


II. BACKGROUND

At the Prehearing Conference on August 23, 1999, the parties indicated that they would be ready to proceed to formal evidentiary hearings on most topics by October 5. The parties agreed that hearings on certain uncontested topics would be held in Sacramento. The parties and other participants who choose not to travel to Sacramento may participate via teleconference. Dial Toll Free: 1-888-793-1858 (Passcode: Delta).

The Final Determination of Compliance (FDOC) from the Bay Area Air Quality Management District (BAAQMD) is expected to be released the first week of October. Therefore, the hearing on air quality will occur in late October to provide time for the parties to analyze the information contained in the FDOC. Recommendations are also pending from the respective responsible agencies for water resources, land use, visual resources, and biological resources.

To accommodate the high degree of intervenor and agency interest in air quality, public health, biological resources, land use, soils and water resources, transmission line safety and nuisance, visual resources and socioeconomics, hearings on these topics will be held in the Pittsburg area during the evening hours to provide an opportunity for members of the local community to attend in person.


III. EVIDENTIARY HEARING PROCEDURES

A. Purpose

The purpose of evidentiary hearings is to establish the factual record necessary for the Commission to reach a decision on the proposed project. The record is developed by the presentation of oral and written testimony, as well as documentary evidence, submitted by the parties. Evidentiary hearings are more structured than the informal workshops and Committee Conferences that have already occurred. The parties must identify their witnesses and submit their testimony in writing prior to the hearings. Witnesses will testify under oath or affirmation and will be subject to cross-examination by other parties who have formally intervened in this case.

At the hearings, a party sponsoring a witness shall briefly establish the witness's qualifications and ask the witness to orally summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness's direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate. Multiple witnesses may testify as a panel, if warranted.

The Applicant has the burden of presenting sufficient substantial evidence to support the findings and conclusions required for certification of the site and related facilities. [Cal. Code of Regs., title 20, section 1748(e)]. The evidentiary record will be closed at the conclusion of the evidentiary hearings, now scheduled for October 27.


B. Filing Requirements

During evidentiary hearings, the parties (Applicant, Staff, and Intervenors) will present evidence consisting of sworn testimony and exhibits on each topic area. Please take notice that the parties are directed to submit copies of their proposed exhibits and exhibit lists along with their prepared testimony. As directed in the Committee's Preferred Accelerated Schedule (See, August 2, 1999, Committee Direction Re: Motion to Set Schedule [figure 1]). Staff shall file its Final Staff Assessment, and the Applicant and Intervenors shall file written testimony on September 20 that includes all topics except for biological resources, soil and water resources, land use, public health, and air quality. The parties shall file testimony on the topic of land use on September 30. Specifed rebuttal testimony is due September 30. Testimony on the topics of biological resources, soil and water resources, public health, and air quality shall be filed on October 15. Rebuttal testimony on those four topics is due on October 22.


Unless a party requests otherwise, presentations will follow the agenda contained in Attachment A. Requests for changes to Attachment A shall be filed in writing on September 20. An evidentiary hearing schedule summary is also provided in Attachment B.

All filings shall be served upon all parties and the Energy Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512. Each party is responsible for ensuring that its respective submittals are received no later than 5 p.m. on the dates indicated. Identify all filings with "Docket No. 98-AFC-3."


C. Public Participation

Members of the public and interested governmental agencies are invited to attend these hearings and may offer unsworn public comment upon the matters discussed at the hearings. These public comments will be entered into the record of the proceeding and may be used to supplement or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.

The Commission's Public Adviser, Roberta Mendonca, is available to provide information and to assist the public in participating at the hearings. If you have questions about the process or how to participate, you should contact the Public Adviser at (916) 654-4489 or (800) 822-6228 or e-mail at: pao@energy.state.ca.us


D. Further Information

If you require special accommodations in order to participate, contact Robert Sifuentes at least five days before the first hearing at (916) 654-5004 or e-mail at: rsifuent@energy.state.ca.us News media inquiries should be addressed to Claudia Chandler, Assistant Executive Director for media and public communications at (916) 654-4989 or e-mail at: energia@energy.ca.gov

Technical questions should be directed to Paul Richins, the staff's Project Manager at (916) 654-4074 or e-mail at: prichins@energy.state.ca.us

Questions of a legal or procedural nature should be addressed to Susan Gefter, the Hearing Officer at (916) 654-3893 or e-mail at: sgefter@energy.state.ca.us

Information concerning the status of the project, as well as notices and other relevant Commission documents, may be found on the Energy Commission's Internet Web site at: www.energy.ca.gov/sitingcases/delta



Date On Line: September 9, 1999

ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION




WILLIAM J. KEESE
Chairman and Presiding Member
Delta Energy AFC Committee




ROBERT PERNELL
Commissioner and Associate Member
Delta Energy AFC Committee




ATTACHMENT A

TOPIC and WITNESS HEARING SCHEDULE

The Committee will hear topics in this sequence unless requests for changes/substitutions, etc. are made in the September 20, 1999, filings.

TUESDAY, OCTOBER 5, 1999

(California Energy Commission, Sacramento)
Beginning at 9 a.m. * Teleconference 1-888-793-1858 Code: Delta

Possible continuance of these topics on October 6 may be necessary.
TOPIC

 WITNESSES
Project Description

 Applicant: Doug Buchanan

Staff: Paul Richins
Integrated Assessment of Need Applicant: Susan Strachan

Staff: Connie Leni
Alternatives Applicant: Richard Hunn

Staff: Eileen Allen & Paul Richins
Facility Design Applicant: James Dunstan

Staff: Steve Baker, Kisabuli, Al McCuen
Power Plant Reliability Applicant:

Staff: Steve Baker
Power Plant Efficiency Applicant:

Staff: Steve Baker
Transmission System Engineering Applicant: Doug Buchanan

Staff: Al McCuen

Southern Energy:
Geological/Paleontological Resources Applicant: John Livingston, James Bard

Staff: Robert Anderson
Cultural Resources Applicant: James Bard

Staff: Gary Walker
Compliance and Closure Applicant:

Staff: Jeri Scott
Noise

 Applicant: Mark Bastasch

Staff: Steve Baker
Traffic and Transportation Applicant: Tung Le

Staff: David Flores
Worker Safety and Fire Protection Applicant: Patricia Bondurant

Staff: Ellen Townsend-Smith
Hazardous Materials

 Applicant: Frederick Tornatore

Staff: Rick Tyler
Waste Management Applicant: Frederick Tornatore

Staff: Mike Ringer



WEDNESDAY, OCTOBER 6, 1999

California Energy Commission, Sacramento

2:00 PM * Teleconference 1-888-793-1858 Code: Delta

(POSSIBLE CONTINUANCE OF TOPICS FROM OCTOBER 5, IF NECESSARY)


WEDNESDAY, OCTOBER 13, 1999

(Delta Diablo Sanitation District Board Room)

Beginning at 6:00 PM

TOPIC

 WITNESSES
Socioeconomics Applicant: John Carrier

Staff: Amanda Stennick

CURE: Michael Yarbrough

Antioch School District:

Community Health First:
Transmission Line Safety and Nuisance

(includes EMF discussion)

 Applicant: Doug Buchanan

Staff: Obed Odoemelam

Community Health First:
Visual Resources

 Applicant: Thomas Priestly

Staff: Joe Donaldson
Land Use Applicant: Connie Thoman

Staff: Eric Knight

City of Pittsburg:



 

WEDNESDAY, OCTOBER 27, 1999

(Delta Diablo Sanitation District Board Room)

Beginning at 5 p.m.

TOPIC

 WITNESSES
Biological Resources Applicant: Debra Crowe

Staff: Marc Sazaki
Soil and Water Resources Applicant: John Dickey, Noel Williams

Staff: Joe O’Hagan, Nancy Monsen
Air Quality Applicant: Gary Rubenstein

Staff: Madgy Badr

(Staff may sponsor BAAQMD witness)

CAP-IT:

Community Health First:
Public Health Applicant: John Lowe

Staff: Michael Ringer

CAP-IT:

Community Health First:



ATTACHMENT B

SUMMARY SCHEDULE

EVIDENTIARY HEARINGS DELTA ENERGY CENTER

DATE

 EVENT
September 8 Staff conducts public workshop in Pittsburg on air quality and public health.
September 20 Staff releases its Final Staff Assessment (FSA).

Applicant files testimony and copies of exhibits for topics listed for October 5 & 6 & 13 except land use.
September 20 Intervenors file prepared testimony and copies of exhibits for topics listed for October 5 & 6 & 13 except land use.
September 30 Parties file testimony on land use and copies of exhibits for land use and/or rebuttal testimony and additional exhibits for hearings on October 5 & 13.
First week of October Applicant provides Final Determination of Compliance (FDOC) from the Bay Area Air Quality Management District (BAAQMD)
October 10 Rebuttal testimony on land use due.
October 15 All parties file testimony and copies of exhibits on topics listed for October 27 hearing.
October 20 Parties file rebuttal testimony and exhibits on topics listed for October 27 hearing
October 5, 6, 13, and 27 Committee conducts evidentiary hearings according to Attachment A (see above).





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