[California Energy Commission Letterhead]


In the Matter of:                      )     Docket No. 98-AFC-1
                                       )
Application for Certification for the  )     ORDER DENYING PETITION
Elk Hills Power Project (ELK HILLS)    )     TO INTERVENE 
_______________________________________)



The Committee of the Commission, having duly considered the Petition to Intervene before it, filed by the Transmission Agency of Northern California ("TANC"), finds as follows:

  1. On December 17, 1999, TANC filed a Petition to Intervene (Petition) in the Elk Hills Power Project AFC proceedings, Docket No. 98-AFC-1;

  2. The Petition was not timely filed in accordance with the Committee’s Revised Scheduling Order dated November 22, 1999 (Revised Order), which was docketed on November 23, 1999. [Cal. Code of Regs., title 20, section 1203 (f).];

  3. Moreover, TANC is an experienced Intervenor, represented by Counsel, having recently successfully intervened in a similarly situated siting case before the Energy Commission;

  4. The Applicant filed opposition to said Petition;

  5. The Applicant argues both that TANC’s Petition is untimely under the Committee’s Revised Order, and that the Committee has no regulatory jurisdiction to entertain TANC’s contentions of monetary impact to a preexisting contract with PG&E and line congestion on the Midway Substation to Northern California path of concern to TANC;

  6. The Committee takes judicial notice that the Cal-ISO docketed its Elk Hills Assessment on October 29, 1999, and found that no facilities beyond the first point of interconnection are required to be constructed on the Midway-Northern California path of concern to TANC;

  7. Accordingly, the Committee is not persuaded that TANC has presented reasonable grounds for intervention as a party in the Elk Hills proceeding;

  8. However, the Committee will act favorably on TANC’s request for intervention only to the extent that it would entail briefing of issues and submittal of comment on decisions pertinent to the issues TANC raises; and

  9. TANC’s Petition as filed is otherwise DENIED.


Dated: January 7, 2000

ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION




DAVID A ROHY, Ph.D.
Presiding Committee Member
ELK HILLS AFC Committee




MICHAL C. MOORE, Commissioner
Associate Committee Member
Elk Hills AFC Committee






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