Following the comments on the Committee's Proposed
Schedule, the Committee promulgated a Schedule on
December 3, 2001, which, among other things, stated
the Committee's policy on additional discovery.
In accordance with the terms of the Committee's
direction, Intervenors Michelle Murphy and Bob Perkins
filed on December 14, 2001, an Application to re-open
discovery on Visual Resources for the purpose of
making six enumerated data requests.
At the Committee's Hearing on Project Status, November 20, 2001, the Applicant repeated its position that the full extent of its proposed visual mitigation has been made available to the parties and interested agencies. The Applicant restated this position following the Coastal Commission staff comments (October 4, 2001) that the project visually degrades the area and would require visual enhancement.
As written, the Murphy/Perkins data requests could potentially require the Applicant to respond by creating visual enhancements that it currently has stated are not required. The Committee's policy on additional discovery did not contemplate the creation of new work product by the Applicant.
However, a permissible inquiry is whether the Applicant currently
has in its possession potential visual enhancement
proposals, other than those previously proposed,
and whether such visual enhancement(s) were prepared
prior to or in response to the Coastal Commission
staff comments regarding visual effects of the project.
The Committee orders production of the description and, if available, simulations of any such enhancement(s) referred to above. In addition, the Applicant shall provide any analysis, if performed, as to the feasibility of such enhancement(s), including economic factors. This information shall be filed and served on or before January 15, 2002.