Following the November 20, 2001, Hearing on Project Status, the Committee promulgated a Proposed Schedule for comments by the parties. The Commission staff, the Applicant, and CURE filed comments. The Staff proposed modification to the schedule, including the sequence of certain events. The Staff also contacted the South Coast Air Quality Management District (SCAQMD) regarding the official notification of the public and agency comment period on the Preliminary Determination of Compliance (PDOC). Staff informs the Committee that the PDOC was actually noticed December 3, 2001, thus removing it as a pending critical path item.

Staff also suggested that the Final Staff Assessment await the conclusion of the public comment period on the PDOC and the SCAQMD's rendering a Final Determination of Compliance. CURE supports the schedule changes proposed by Staff. The City of Manhattan Beach also supported Staff's proposed changes.

The Applicant had no particular concerns about the Staff's proposed schedule changes, but informed the Committee that the Impingement and Entrainment Verification Study, designated a critical path item, will not be submitted until December 20, 2001. The Applicant expressed concern about unlimited re-opening of discovery and instead urged that re-opened discovery be limited to clarifications of new information only.

Committee Comments:

The Committee has reviewed the comments of the parties and generally adopts Staff's proposed changes to the schedule. The Committee also agrees with the concept of limited discovery suggested by the Applicant. Therefore, the re-opened discovery is limited to clarification related to the Impingement and Entrainment Verification Study, the Noise Study, additional air quality information submitted by the Applicant, and the Soil and Groundwater Remediation Plan. Any other discovery shall be by the order of the Committee following written application.

Based upon the Applicant's anticipated submittal of the last critical path item, the Impingement and Entrainment Verification Study, on December 20, 2001, the Committee will shift the "n" date to December 20, 2001. The success of this schedule depends upon establishing a date by which the last critical path item is submitted and keying other scheduled activities to the actual submission date.

Help:

800-822-6228
(toll free in California)

916-654-4489

Members of the public may participate in all phases of the licensing process in a variety of ways. If you need information concerning public participation, please contact Roberta Mendonca, the Energy Commission’s Public Adviser, at 916-654-4489 or, toll free in California, at 800-822-6228, or by e-mail at: pao@energy.state.ca.us

Information concerning the status of the project, notices and other relevant documents are available on the Commission’s Web Site at:
www.energy.ca.gov/sitingcases/elsegundo

Technical questions concerning the project should be addressed to the Energy Commission Staff’s Project Manager, James W. Reede, Jr., at 916-653-1245 or e-mail at: jreede@energy.state.ca.us

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