STATE OF CALIFORNIA
Conservation and Development Commission
COMPLAINT OF GARY LEDFORD ON ) DOCKET NO. 97-AFC-1C (C1) ) HIGH DESERT POWER PROJECT ) COMPLAINT-1 WATER ISSUES ) ____________________________________)
NOTICE OF EVIDENTIARY HEARING
ORDER SETTING SCHEDULE FOR FILING ANSWER AND WITNESS LISTS
HEARINGS HAVE BEEN CANCELLED. Please see Notice Cancelling Hearings
On May 3, 2000, the Energy Commission ("Commission") certified the High Desert Power Project (HDPP) for construction and operation in the City of Victorville. On October 11, 2001, Gary Ledford ("Complainant"), an intervenor in the certification proceeding, filed a Complaint asserting that the HDPP does not comply with specified conditions of certification. On November 9, 2001, the Chairman of the Commission issued a Notice of Complaint, incorporated herein by reference. The matter was assigned to the Commission's Siting Committee, which consists of the undersigned Commissioners.
NOTICE OF EVIDENTIARY HEARING
Please take notice that the Committee will conduct an evidentiary hearing on the Complaint as follows:
WEDNESDAY, JANUARY 16, 2002, CONTINUED TO THURSDAY, JANUARY 17, 2002, IF NEEDEDBEGINNING AT 10 A.M.
CITY OF VICTORVILLE
CITY COUNCIL CHAMBERS
14343 CIVIC DRIVE
VICTORVILLE, CA 92393
ORDER SETTING SCHEDULE FOR FILING ANSWER
Section 1233 of the Commission's regulations provides that Respondent shall file and serve an answer within 30 days after service of a complaint. On October 19, 2001, the High Desert Power Project, LLC ("Respondent") submitted a letter to address several of Mr. Ledford's filings that were pending at that time, including the Complaint. Respondent reserved the right to file a formal Answer after service of the Notice of Complaint. Accordingly, the Answer shall be served and filed on Monday, January 7, 2002, and shall include the information required by Section 1233 of the regulations. 3
ORDER SETTING SCHEDULE FOR POSITION STATEMENTS, EXHIBITS, AND WITNESS LISTS
The purpose of the evidentiary hearing is to establish the factual record necessary to reach a decision on the Complaint. Sections 1211 through 1214 of the Commission's regulations establish the rules of evidence governing the evidentiary hearing. Declarations shall be filed under penalty of perjury. Oral testimony shall be sworn and will be subject to cross-examination.
To narrow the issues raised in the Complaint and to identify areas of agreement and disagreement, each party shall serve and file a position statement indicating facts that can be stipulated and issues that are subject to dispute. The statements must be received by all parties on the Proof of Service list with the original and 12 copies sent to the Commission's Docket Unit, no later than noon on Friday, January 11, 2002. Identify all documents with "Docket No. 97-AFC-1C (C1)."The statements shall specify:
- The issues that are disputed and the precise nature of the dispute;
- The identity of each witness sponsored by each party, the issue that each witness will present; a summary of the testimony to be offered by each witness; qualifications of each witness; and the time required to present direct testimony by each witness; and
- Any exhibits and sworn declarations a party intends to offer into evidence and the issues to which they apply.
The proceeding is limited to whether Conditions 1e, 2, 11, 12, 13, 17, and 19 in the HDPP Decision have been violated and if so, what remedies should be considered, including but not limited to imposition of sanctions, requiring additional documents, amending the certification, or prohibiting construction or operation. The Committee will consider only the following issues raised in the Complaint:
- HDPP's water treatment facilities are bigger than necessary for the power plant, and additional water will be treated by those facilities for non-HDPP purposes (Conditions 1e, 17(1), 19);
- HDPP is not using the proper type of water treatment facilities, and those facilities will fail to provide water "approaching background water quality levels" (Conditions 12, 13); and
- HDPP has failed to provide to the Commission various documents concerning water use and supply (Conditions 2, 11, 12, 17, 19).
The Committee will review compliance with Conditions 12 and 13 even if the dates by which various documents are required to be submitted have not yet passed. No other matters will be considered.
Mr. Ledford requested the opportunity to engage in discovery and to conduct depositions of potential witnesses. The parties may schedule those events among themselves. Section 1203(b) provides that any party may apply to the Presiding Member for witness subpoenas.
PUBLIC ADVISER AND PETITIONS TO INTERVENE
The Commission's Public Adviser is available to assist the public in participating in this proceeding. If you need information concerning public participation, please contact the Commission's Public Adviser, Roberta Mendonca at (916) 654-4489 or (800) 822-6228 or e-mail: firstname.lastname@example.org.
Anyone with a legitimate interest relevant to the Complaint may file a Petition to Intervene to become a formal party in the proceeding. The Public Adviser's Office will assist any person or organization in preparing a Petition to Intervene. All Petitions to Intervene must be filed no later than Wednesday, December 26, 2001.
Technical questions concerning the project should be addressed to Steve Munro, the Commission Staff's Compliance Project Manager, at (916) 654-3936 or e-mail at: email@example.com.
Questions of a legal or procedural nature should be directed to Susan Gefter, the Hearing Officer, at (916) 654-3893 or e-mail at: firstname.lastname@example.org
If you require special accommodation to participate in this event, contact Priscilla Ross at (916) 653-6631 or e-mail at: email@example.com.
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or e-mail at: firstname.lastname@example.org.
Information concerning the status of the project as well as notices and other relevant documents may be viewed on the Commission's Internet web page at: www.energy.ca.gov/sitingcases/highdesert/.
Dated December 5, 2001, at Sacramento, California.
1All section references are to the Commission's regulations at Title 20 of the California Code of Regulations, unless otherwise noted.
2Mr. Ledford filed a "Motion to Show Cause…" on October 1, 2001, and a "Request for Investigation…" on October 12, 2001, which were subsequently dismissed by the Chairman of the Commission on November 9, 2001.
3Copies of Mr. Ledford's Complaint, the Notice of Complaint, and this Notice of Evidentiary Hearing shall be served on Complainant, Respondent, Intervenors, and interested agencies by certified mail, return receipt requested in accordance with Section 1232(b). The attached Proof of Service identifies the parties, agencies, and organizations that have indicated interest in this proceeding.
ROBERT A. LAURIE, Commissioner
High Desert Complaint Committee
ROBERT PERNELL, Commissioner
High Desert Complaint Committee
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