The Energy Commission Committee conducted a Prehearing Conference on November 7, 2002, during which the parties discussed issues that have been resolved as well as issues that remain contested. The Committee requests that the parties present at the Prehearing Conference informally discuss these matters among themselves and with Energy Commission staff so that, to the extent possible, a finalized set of proposed Conditions of Certification can be prepared well in advance of a second Prehearing Conference. The Committee, and ultimately the full Commission, retains the discretion to establish Conditions of Certification and may use any proposed Conditions of Certification, whether from the Staff or other parties, as an aid.

Therefore, the Committee makes these further Orders and tentatively schedules a second Prehearing Conference and Evidentiary Hearings.

Orders:

1. All parties who participated in the Prehearing Conference are directed to discuss informally among themselves revisions to the proposed Conditions of Certification. On or before December 9, 2002, any party participating in the Prehearing Conference shall prepare and file a Status Report on the extent to which an issue which that party presented at the Prehearing Conference has been addressed in anticipated revisions to proposed Conditions of Certification.



2. Energy Commission staff shall republish all proposed Conditions of Certification, including revisions, on or before December 13, 2002, taking into account any agreements reached during the Prehearing Conference or in discussions arising from the foregoing order.



3. Before December 20, 2002, Staff will conduct a workshop on Aquatic Biology to address the Applicant's proposed Conditions of Certification introduced at the Prehearing Conference. Additionally, the Staff workshop shall address the feasibility and community acceptability of various proposed mitigation/enhancement measures related to Visual Resources.



4. The Applicant shall identify the applicable jurisdiction for each laydown area and provide digital photographs of the proposed laydown areas. Energy Commission staff shall augment the Land Use section in its Final Staff Assessment to address the conformity of the proposed laydown areas to local planning and zoning. If a conditional use permit would be required, but for the Energy Commission's jurisdiction, the Staff shall present information bearing on the project's eligibility for such a permit.

2^nd Prehearing Conference & Evidentiary Hearing Schedule

The Committee has tentatively scheduled a second Prehearing Conference on January 7, 2003, to review any new agreements of the parties and establish a final list of witnesses on contested topics for subsequent evidentiary hearings. A Hearing Order will be prepared following this 2nd Prehearing Conference to schedule topics and witnesses.

The Committee has reserved January 27, 28 and 29, 2003 for the Evidentiary Hearings.

Dated: November 15, 2002

ENERGY RESOURCES CONSERVATION AND
DEVELOPMENT COMMISSION

ROBERT PERNELL
Commissioner and Presiding Member
El Segundo AFC Committee

WILLIAM J. KEESE
Chairman and Associate Member
El Segundo AFC Committee