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  BY TIERRA ENERGY OF                     )    
                                          )    (REVISED 10/16/2007)


PLEASE TAKE NOTICE that the Committee designated by the Energy Commission to conduct proceedings on the Application for Certification for the Eastshore Energy Center has scheduled a Prehearing Conference and an Evidentiary Hearing as follows:

The Prehearing Conference will be conducted on:

MONDAY, November 26, 2007
2 pm to 5 pm
6 pm to 8 pm (Public Comment)

Hayward City Hall Chambers
777 B Street
Hayward, CA 94541
Wheelchair Accessible
(Map to Location)

The Evidentiary Hearing will be conducted on the following dates at the same location, Hayward City Hall Chambers, as described above:

MONDAY, December 17, 2007
10 am to 1 pm
2:30 pm to 5 pm
6 pm to 8 pm (Public Comment)

TUESDAY, December 18, 2007 (Back-up Date, if Necessary)
10 am to 1 pm
2:30 pm to 5 pm

PLEASE TAKE NOTICE that the Committee has established the following schedule:

Last date to file Petition to InterveneMonday, November 19, 2007
Prehearing Conference Statements dueMonday, November 19, 2007

Purpose of Prehearing Conference

The Prehearing Conference is a public forum where the Committee will assess the parties' readiness for an evidentiary hearing, identify areas of agreement or dispute, and discuss the remaining schedule and procedures necessary to conclude the certification process. (Cal. Code of Regs., tit. 20, §1718.5.)

At the Prehearing Conference, all parties (Staff, Applicant, and Intervenor) shall present their respective positions regarding: the substantive topic areas ready for evidentiary hearing; those that require further analysis, including the nature of, and timeframe for, any such analysis; the topic areas that have been resolved; and the topic areas that are disputed and require adjudication. The parties shall also identify proposed witnesses, as well as the time required for direct testimony and/or cross-examination.

Local, state, and federal governmental agencies may participate at the Prehearing Conference and Evidentiary Hearing, as necessary. (Cal. Code of Regs., tit. 20, § 1714.5.) Elected officials and members of the public may present public comments at these events and/or submit written comments to the Energy Commission's Docket Unit. Please include "Docket No. 06-AFC-6" on any written comments.

Prehearing Conference Statements

To facilitate the process, each party shall serve and file a Prehearing Conference Statement. The statements shall be received by the other parties and the Commission's Docket Unit, 1516 9th Street, MS 4, Sacramento, California 95814-5512, by 5 p.m. on November 19, 2007. The parties shall e-mail their statements to the Hearing Officer as well as to the Docket Unit and the parties as indicated on the Proof-of-Service list.

Each statement shall specify:

  1. The topic areas that are complete and ready to proceed to evidentiary hearing;
  2. The topic areas that are not complete and not yet ready to proceed to evidentiary hearing, and the reasons therefor;
  3. The topic areas that remain disputed and require adjudication, and the precise nature of the dispute for each topic;
  4. The identity of each witness sponsored by each party (note: witnesses must have professional expertise in the scope of their testimony); 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;
  5. Topic areas upon which a party desires to cross-examine witnesses, a summary of the scope of such cross-examination, and the time desired for such cross-examination;
  6. A list identifying exhibits and declarations that each party intends to offer into evidence and the technical topics to which they apply (see following section on format);
  7. Proposals for briefing deadlines, vacation schedules, and other scheduling matters;
  8. For all topics, the parties shall review the proposed Conditions of Certification listed in the Final Staff Assessment (FSA) for enforceability, comprehension, and consistency with the evidence, and submit any proposed modifications.

Format for Presenting Evidence

The parties shall provide written testimonial and documentary evidence in two formats.

  1. Each document shall be numbered and identified on an Exhibit List. Applicant's exhibits shall be numbered consecutively as Exhibits 1 through 199. Staff's exhibits shall be numbered consecutively as Exhibits 200 through 299. Intervenor's exhibits shall be numbered consecutively as 300-399. Printed copies of the exhibits shall be submitted at the Prehearing Conference and supplemented at the Evidentiary Hearing, as necessary.
  2. To facilitate the efficient organization and review of the Project, printed copies of the exhibits for each topic area shall also be compiled in separate file folders designated by topic with the appropriate Exhibit Number attached to each document.

Petitions to Intervene to Become a Formal Party

The Energy Commission's Decision on the Eastshore Energy Center will be based on the official evidentiary record developed at the Evidentiary Hearing. Only formal parties (Applicant, Staff, Intervenors) may present evidence and cross-examine witnesses at the Evidentiary Hearing.

Anyone with an appropriate interest in the Eastshore Energy Center may file a Petition to Intervene and become a formal party. At the Evidentiary Hearing, a formal party may offer testimony and documentary evidence, receive documents filed by other parties, and cross-examine witnesses. However, a formal party must also comply with Committee orders, procedures, and filing requirements, and is subject to discovery and having its own witnesses cross-examined by other parties.

The deadline to file a Petition to Intervene in this case is Monday, November 19, 2007. (Cal. Code of Regs., tit. 20, §1207.) Time extensions will not be granted for new Intervenors to review case materials since this proceeding has been ongoing for twelve months.

How to Intervene

The Energy Commission's Public Adviser's office will assist any person or organization interested in preparing a Petition to Intervene. For assistance in this process, contact the Public Adviser's office at 916-654-4489 or 800-822-6228 or e-mail at: pao@energy.state.ca.us.

Public Participation

Members of the public are welcome to attend and offer comments at the Prehearing Conference and the Evidentiary Hearing. It is not necessary to be an Intervenor to participate in the public process. Anyone desiring information on how to participate may contact the Public Adviser's office as indicated above.

Energy Commission Information

If you have a disability and need assistance to participate at Commission-sponsored events, please contact Lourdes Quiroz at 916-654-5146 or e-mail at: lquiroz@energy.state.ca.us

Technical questions concerning the Project should be addressed to Bill Pfanner, the Staff Project Manager, at 916-654-4206 or e-mail at: bpfanner@energy.state.ca.us

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

Information concerning the status of the Project, as well as notices and other relevant documents, may be viewed on the Energy Commission's website at: http://www.energy.ca.gov/sitingcases/eastshore

Dated October 16, 2007, at Sacramento, California.


commissioner signature
Commissioner and Presiding Member
Eastshore AFC Committee

commissioner signature
Commissioner and Associate Member
Eastshore AFC Committee

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