STATE OF CALIFORNIA
Energy Resources Conservation
and Development Commission
In the Matter of:
Application for Certification for the
Energy Center [Calpine Corporation and
Bechtel Enterprises, Inc.]
Docket No. 98-AFC-3
Upon consideration of the Financial Hardship Petition filed by Intervenor Community Health First, the Committee designated to conduct proceedings in this matter makes the following findings:
- On September 9, 1999, a Financial Hardship Petition was filed by Intervenor Community Health First, asserting that the Commission's requirements to file 12 copies of documents with the Docket Unit and to serve the documents on all parties of record creates an undue financial hardship for the Intervenor.
- The Intervenor represents low income and minority community members who do not have financial resources to provide copies and serve papers in the above-captioned proceeding.
Section 1209(c) of the Commission's regulations provides that any person submitting written materials in connection with a Commission proceeding shall submit 12 copies to the Docket Unit, unless this requirement would impose an undue burden on such person. [Cal. Code of Regs., tit. 20, § 1209(c)]. If the undue burden is financial, the Docket Unit shall photocopy and distribute the submitted materials in the normal course. [Ibid.]
Section 1717(a) provides that parties to a siting case, including Intervenors, are required to file 12 copies of their documents with the Docket Unit and to serve copies on all parties of record. [Cal. Code of Regs., tit. 20, § 1717(a)]. The Presiding Member may, however, direct the Executive Director to provide such copies and their service on behalf of any party for whom compliance with these service and filing requirements would impose an undue hardship. [Ibid.]
To the extent that the regulations establish a minimum standard to determine undue financial hardship, the standard is simply an assertion by the person seeking assistance that the undue burden is financial. Section 1209(c) provides that "[i]f the undue burden is financial, the letter of transmittal, written material, or comment should so state." [Cal. Code of Regs., tit. 20, § 1209(c)]. Based on the information contained in the Financial Hardship Petition, the Committee concludes that the Intervenor is eligible for financial hardship status.
THEREFORE, the Committee Orders that the Financial Hardship Petition in this matter be GRANTED. In this case, the Intervenor may submit its filings via electronic mail (email) to the Public Adviser, the Docket Unit, and to each of the parties in accordance with the deadlines established by the Committee. The Docket Unit shall photocopy 12 copies of any materials filed by the Intervenor and distribute the copies to the Committee and Staff in due course; further, the Executive Director shall ensure that photocopies of such materials are timely served on all the parties.
The parties shall make their email addresses available to the Intervenor.
The email address for the Commission's Docket Unit is: email@example.com
The Public Adviser's email address is: firstname.lastname@example.org
Date On-line: September 17, 1999
WILLIAM J. KEESE
Delta Energy AFC Committee
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
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