STATE OF CALIFORNIA
Before the Energy Resources
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 PREHEARING CONFERENCE
ORDER TO PRODUCE COMPLIANCE DOCUMENTS
NOTICE is hereby given that the Committee will conduct a Prehearing Conference on discovery and other matters related to the upcoming Evidentiary Hearing. The Prehearing Conference is scheduled as follows:
MONDAY, JANUARY 14, 2002
Beginning at 10:00 a.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California 95814
For the convenience of those who choose not to attend in person, participation is available via teleconference by calling 1-888-625-1618. The passcode is High Desert. The conference leader is Susan Gefter. Please call by 9:55 a.m. to be included in the discussion.
Purpose of Prehearing Conference
The parties shall be prepared to discuss pending discovery matters and to identify issues that can be stipulated and/or severed from this proceeding. In addition, the parties shall identify their witnesses, the scope and nature of the testimony for each witness, and the time needed to present testimony. The parties shall also submit exhibit lists identifying each exhibit and explaining its relevance to the proceeding.
Pending Discovery Requests
Complainant has filed several requests for subpoenas, depositions, and a show cause order to compel discovery. We expect Respondent's Answer (due January 7, 2002) and the parties' Position Statements (due January 11, 2002) to provide the context for considering Complainant's discovery requests. At this time, we do not have enough information to determine whether witnesses requested by Complainant or whether documents deleted from Staff's compliance files are necessary to resolve the Complaint. We will review Complainant's discovery requests at the Prehearing Conference and consider whether failure to provide the requested documents should result in any delay in the hearing schedule.
Evidence of Compliance
The Conditions of Certification require, inter alia, the following:
- Final design drawings of the project's water supply facilities due 30 days before commencing project construction. (Condition 1e)
- Water Storage Agreement (for the project's cooling water) with the Mojave Basin Area Watermaster (Mojave Water Agency) due prior to initiation of any groundwater banking. (Condition 2)
- Waste Discharge Requirement from Lahontan Regional Water Quality Control Board (RWQCB) due 60 days prior to the start of rough grading. (Condition 11)
- Water Treatment and Monitoring Plan approved by Lahontan RWQCB including a statistical approach to analyzing water quality monitoring data and determining water treatment levels due 90 days prior to banking State Water Project water within the Regional Aquifer. (Condition 12)
- Implementation of Water Treatment and Monitoring Plan, including monitoring results submitted annually as specified in the approved plan. (Condition 13)
- Aquifer Storage and Recovery Agreement with the Victor Valley Water District (VVWD) due prior to commencing project construction. [Condition 17(1)]
- Water Storage Agreement between the Mojave Water Agency (MWA) and the VVWD that allows the VVWD or another entity to use the project's water treatment facilities and for which the appropriate lead agency has completed a CEQA review required by MWA Ordinance 9. (Condition 19)
- Amendment to the certification decision that would allow VVWD or another entity to use the project's water treatment facilities for domestic purposes. (Condition 19)
To assist the Committee in reviewing the Complaint, we direct the parties to provide evidence in their Position Statements related to the documents specified above. Respondent has the burden of establishing compliance with the Conditions and shall provide copies of the documents specified above.
Order to Produce Compliance Documents
No later than noon on January 11, 2002, Respondent shall file and serve copies of the documents required by the Conditions specified above. If Respondent does not possess one or more of the documents, Respondent shall explain why and indicate when the document will be available to the Committee.
Dated December 28, 2001, at Sacramento, California.
ROBERT A. LAURIE, Commissioner
High Desert Complaint Committee
ROBERT PERNELL, Commissioner
High Desert Complaint Committee
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