In the Matter of: ) Docket No. 99-AFC-1 ) Application for Certification ) NOTICE OF EVIDENTIARY HEARINGS For the ELK HILLS Power ) - and - Project (ELK HILLS) ) HEARING ORDER ________________________________)
I. NOTICE OF EVIDENTIARY HEARINGS
The Committee will conduct formal evidentiary hearings as follows:
Thursday January 20, 2000
Hearing Room B
Tuesday, January 25, 2000
Hearing Room B
Thursday, January 27, 2000
Hearing Room B
Tuesday, February 1, 2000
Tuesday, March 7, 2000
Thursday, March 9, 2000
Wednesday, March 29, 2000
Hearing Room A
Thursday March 30, 2000
Hearing Room A
The Committee has designated, Tuesday, February 1, Thursday, March 9, and Thursday, March 30, 2000, as CONTINUATION DATES. No scheduled hearings will be conducted on these dates should those matters scheduled for hearing earlier in January and March, respectively, be fully concluded.
All hearings will be held at the:
CALIFORNIA ENERGY COMMISSION
Beginning at 10 a.m.
First Floor Hearing Rooms A or B
1516 Ninth Street
At these hearings, the parties (Applicant, Staff, and Intervenors) will present evidence consisting of sworn testimony and exhibits on each topic area. Unless a party's written request for a change is granted, presentations will follow the agenda shown on ATTACHMENT A (Adobe Acrobat PDF file, 4 pages).
II. BACKGROUND AND SUMMARY
At the December 16, 1999, Prehearing Conference, the parties agreed that they are prepared to proceed to formal evidentiary hearings on most technical topic areas. Therefore, the Committee's Hearing Order, which follows, schedules those hearings to be conducted on January 20, 25, 27, on February 1, and on March 7, 9, 29, and 30, 2000. The parties agreed that all hearings in this matter will take place at the Energy Commission in Sacramento.
For the January (and possibly February hearings), 17 topics will be heard as set forth in Attachment A. The hearings will resume on March 7 and 9, 2000, where the parties will present evidence in the areas of Biological, and Soil and Water Resources. (Attachment A.)
To provide time for the parties to analyze the FDOC, the Air Quality hearing will be held on March 29 and 30, at which time Alternatives will also be presented. (Attachment A.) The San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) is expected to release the FDOC on or about February 15, 2000.
Based upon the Committee's Scheduling Order, the PDOC is several months late. The FDOC is not expected until February 15, 2000. Thus, the Commission's final decision in these proceedings will have to be reconciled to reflect a schedule adjustment, which was outside the Commission's and the Committee's control.
Accordingly, the Committee will conduct formal hearings to receive evidence on all aspects of the proposed project as set forth below in Attachment A. This Notice provides a schedule for these hearings, a notice of witnesses for each topic area, and dates for filing prepared testimony.
B. Formal Evidentiary Hearing Procedures
The purpose of these formal evidentiary hearings is to establish the factual record necessary to reach a decision in this case. This is done through the taking of written and oral testimony as well as exhibits from the parties. These hearings are more structured than the Committee Conferences and the informal Staff workshops, which have already occurred. A party proposing to sponsor witnesses must file the witnesses' testimony, in writing, according to the schedule below. Witnesses will testify under oath or affirmation and be subject to cross-examination by other parties who have intervened in the case.
At the evidentiary hearings, a party sponsoring a witness shall briefly establish the witness' qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. If warranted, multiple witnesses may testify as a panel. Relevant exhibits may be offered into evidence at that time as well.
At the conclusion of a witness' direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and requires examination as appropriate. 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., tit. 20, Section 1748 (e).]
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. 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.
D. Public Adviser
The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at these hearings. She may be reached at (916) 654-4489 or, toll free, at 800-822-6228; her email address is: firstname.lastname@example.org
E. Further Information
If you require special accommodations, contact Robert Sifuentes at (916) 654-5004 at least five days prior to the first hearing. News media inquiries should be directed to Claudia Chandler at (916) 654-4989 or, email: email@example.com
Marc Pryor, the Commission's Project Manager, will respond to technical questions concerning the Elk Hills Power Project at (916) 653-0159 or, email: firstname.lastname@example.org Information concerning the status of the project, as well as notices and other relevant documents, is also available on the Energy Commission's Internet Website at: www.energy.ca.gov/sitingcases/elkhills
Questions of a legal or procedural nature should be directed to the Hearing Officers, Gary Fay at (916) 654-3965, or Major Williams, Jr. at (916) 651-2020.
III. HEARING ORDER
Based upon discussion at the December 16, 1999 Prehearing Conference, the following filing schedule shall apply.
DATE EVENT JANUARY 5, 2000 Staff files Final Staff Assessment, including witness qualifications, in all areas except Biological Resources, Soil and Water Resources, Air Quality and Alternatives. WEDNESDAY, JANUARY 12, 2000 Other parties file prepared testimony and resumes of sponsoring witnesses for January and February hearings in topic areas set forth in Attachment A. WEDNESDAY, JANUARY 12, 2000 Parties file any requests for changes to schedule of topics and witnesses (Attachment A). JANUARY 20, 25, 27, 2000 and FEBRUARY 1, 2000 Evidentiary hearings in topic areas set forth in Attachment A. FRIDAY FEBRUARY 11, 2000 Parties file Opening Briefs on all topics from January hearings. TUESDAY, FEBRUARY 15, 2000 Applicant provides Final Determination of Compliance from SJVUAPCD. FRIDAY FEBRUARY 18, 2000 Parties file Reply Briefs on all topics from January hearings. FRIDAY, FEBRUARY 18, 2000 Staff files Final Staff Assessment, including witness qualifications and statements for topic areas of Biological Resources, and Soil and Water Resources. FRIDAY, FEBRUARY 25, 2000 Parties file prepared testimony and resumes of witnesses on Biological Resources, and Soil and Water Resources. WEDNESDAY MARCH 7, 2000 Evidentiary hearings in areas of Biological and Soil and Water Resources as set forth in Attachment A. THURSDAY, MARCH 9, 2000 Evidentiary hearings in topic areas of Biological and Soil and Water Resources as set forth in Attachment A. WEDNESDAY, MARCH 15, 2000 Staff files Final Staff Assessment, including witness qualifications, in final topic areas of Air Quality and Alternatives. MONDAY, MARCH 20, 2000 Parties file Opening Briefs on Biological and Soil and Water Resources. WEDNESDAY, MARCH 22, 2000 Parties file prepared testimony and resumes of witnesses on Air Quality and Alternatives. MONDAY, MARCH 27, 2000 Parties file Reply Briefs on Biological and Soil and Water Resources. WEDNESDAY, MARCH 29, 2000 Evidentiary hearings in areas of Air Quality and Alternatives. THURSDAY, MARCH 30, 2000 Evidentiary hearings in areas of Air Quality and Alternatives. MONDAY, APRIL 10, 2000 Parties file Opening Briefs On Air Quality and Alternatives. MONDAY, APRIL 17 2000 Parties file Reply Briefs On Air Quality and Alternatives.
Filings shall be served upon all parties to this proceeding and the Commission's Docket Unit, 1516 Ninth Street, MS-4, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received no later than 5:00 p.m. on the dates indicated. Identify all documents with "Docket No. 99-AFC-1."
Dated: December 23, 1999
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
DAVID A. ROHY, Ph.D., Vice-Chair
Presiding Committee Member
Elk Hills Committee
MICHAEL C. MOORE, Commissioner
Associate Committee Member
Elk Hills Committee
Note: ATTACHMENT A (Topics and Witness List) to this notice is available to download as an Adobe Acrobat PDF file.
DOWNLOAD ATTACHMENT A
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