[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission



COMMITTEE ORDER TO CARE
RE: MOTION ON PUBLIC PARTICIPATION

SOUTHERN COMPANY'S Gateway POWER PROJECT,
APPLICATION FOR CERTIFICATION, DOCKET NO. 00-AFC-1



Background On December 6, 2000, CARE filed its Motion for a Hearing or Workshop on Public Participation Pursuant to CEQA. According to CARE, the "purpose of the hearing or workshop being to resolve "an irreconcilable conflict" between CEQA [California Environmental Quality Act] and the Warren-Alquist Act in regards to the public participation process."

This Committee notes that CARE filed a similar motion in the Metcalf Energy Center Application for Certification proceeding (99-AFC-3). The Committee in that proceeding denied CARE's motion on September 13, 2000.
Committee Questions While the Metcalf ruling may be dispositive, the Gateway AFC Committee seeks additional information from CARE with regard to its Motion. Under the overarching question of what is a hearing or workshop on CARE's motion to accomplish, the Committee asks CARE to address the following:

  • What are the specific CEQA "rights" which are not being afforded public participants in the Energy Commission's Gateway proceeding, now and for the duration of the case? List any references to CEQA, itself, in the Public Resources Code or the CEQA guidelines.

  • Does CARE have any legal references authorizing the Energy Commission to fund intervenor participation?

Deadline for Response December 27, 2000

To more fully develop the rationale underlying the Motion, the Committee requests that CARE clarify and support its Motion with responses to the above questions in writing on or before December 27, 2000.
Comments by Other Parties To assure the orderly consideration of CARE's Motion, the Committee requests that any other party withhold comments on the matter until CARE provides the requested responses.
Help

(916) 654-4489		 If you need information concerning public participation, please contact Roberta Mendonca, the Energy Commission's Public Adviser, at (916) 654-4489, toll free in California at (800) 822-6228, or by e-mail at: pao@energy.state.ca.us


Date On Line: December 14, 2000



ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION




WILLIAM J. KEESE
Chairman and Presiding Member
Gateway Power Project AFC Committee




MICHAL C. MOORE, Ph.D.
Commissioner and Associate Member


Gateway Power Project AFC Committee


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