STATE OF CALIFORNIA

Energy Resources Conservation
and Development Commission

 
 

In the Matter of: Application for Certification for the High Desert Power Project _______________________________

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Docket No. 97-AFC-1 NOTICE OF EVIDENTIARY HEARINGS and HEARING ORDER

I. BACKGROUND

The Committee has considered the progress made in developing relevant information in this case, and the representations of the parties in the most recent status reports (June 4 and July 6, 1999). We will therefore conduct evidentiary hearings as specified below.

II. NOTICE OF EVIDENTIARY HEARINGS

We will conduct formal evidentiary hearings as follows:

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THURSDAY, September 16, 1999 and
FRIDAY, September 17, 1999

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THURSDAY, September 30, 1999 and, if necessary,
FRIDAY, October 1, 1999

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THURSDAY, October 7, 1999 and, if necessary,
FRIDAY, October 8, 1999

The September 16th, 17th, and 30th, 1999 (and, if necessary, October 1, 1999) hearings will be held at:

CALIFORNIA ENERGY COMMISSION
Beginning at 10 a.m.
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California
[Wheelchair Accessible]

The hearing on October 7, 1999 (and, if necessary, on October 8, 1999) will be held at:

CITY OF VICTORVILLE
Council Chambers
P.O. Box 5001
14343 Civic Drive
Victorville, California 92392-2399

The October 1st and 8th hearing dates are being scheduled as CONTINUATION DATES ONLY. Hearings will be held on these dates only as necessary to conclude any matters remaining from the previous dates.

At these hearings, the parties (Applicant, Staff, Intervenors) will present evidence consisting of sworn testimony and exhibits on each topic area. Unless a party requests otherwise, presentations will follow the agenda reflected in ATTACHMENT A.

A. Formal Evidentiary Hearing Procedures

The purpose of these formal evidentiary hearings is to establish the factual record necessary to reach a decision in this case. This is done through the taking of written and oral testimony as well as exhibits from the parties. These hearings are more structured than the Committee Conferences and the informal Staff workshops which have already occurred. A party proposing to sponsor witnesses must file the witnesses' testimony, in writing, according to the schedule below. Witnesses will testify under oath or affirmation and be subject to cross-examination by other parties who have intervened in the case.

At the evidentiary hearings, a party sponsoring a witness shall briefly establish the witness' qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness' direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate. As warranted, multiple witnesses may testify as a panel.

B. Public Participation

Members of the public and interested governmental agencies are invited to attend these hearings, and may offer unsworn public comment upon the matters discussed. These public comments will be entered into the record of the proceeding and may be used to supplement or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.

The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at these hearings. She may be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; her email address is: pao@energy.state.ca.us

C. Further Information

If you require special accommodations, contact Robert Sifuentes at (916) 654-5004 at least five days prior to the hearings you wish to attend. News media inquiries should be directed to Claudia Chandler at (916) 654-4989, or email: energia@energy.state.ca.gov

Richard Buell, the Commission's Project Manager, will respond to technical questions concerning the High Desert Power Project at (916) 653-1614, or email: rbuell@energy.state.ca.gov Information concerning the status of the project, as well as notices and other relevant documents, is also available on the Energy Commission's Internet home page at: www.energy.ca.gov/sitingcases/highdesert

Questions of a legal or procedural nature should be directed to the Hearing Officer, Stanley W. Valkosky, at (916) 654-3893.

III. HEARING ORDER

The following filing schedule shall apply.

Filings shall be served upon all parties to this proceeding and the Commission's Docket Unit, 1516 Ninth Street, MS-4, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received no later than 5:00 p.m. on the dates indicated. Identify all documents with "Docket No. 97-AFC-1."

DATE	EVENT
AUGUST 2, 1999	All parties intending to present evidence at any or all of the evidentiary hearings shall submit any desired changes/substitutions/additions to the attached list of witnesses. (ATTACHMENT A) In addition, any parties intending to sponsor exhibits for admission into the evidentiary record shall specifically list and identify each such exhibit, including the substantive topic area(s) to which it applies.
AUGUST 16	All parties file direct testimony.
SEPTEMBER 1	All parties file rebuttal testimony, as appropriate.

Staff may also conduct such workshops as are desirable or necessary during this period.

Date On-line: July 26, 1999 ______________________________ ROBERT A. LAURIE, Commissioner Presiding Member High Desert AFC Committee

ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION ______________________________ DAVID A. ROHY, Ph.D., Vice Chair Associate Member High Desert AFC Committee

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ATTACHMENT A

TOPIC and WITNESS SCHEDULE

September 16, 1999 - Evidentiary Hearing
(Sacramento)

TOPIC	WITNESSES
PROJECT DESCRIPTION	Applicant: Barnett Staff: Buell
NEED CONFORMANCE	Applicant: Barnett Staff: Stone
COMPLIANCE AND CLOSURE	Applicant: Barnett Staff: Munroe
TRANSMISSION SYSTEM ENGINEERING	Applicant: Larson Cal ISO: (presented by Staff [Daschmans]) Staff: McCuen
TRANSMISSION LINE SAFETY AND NUISANCE	Applicant: ? Staff: Odoemelam
CULTURAL RESOURCES	Applicant: Self Staff: Matthews
PALEONTOLOGIC RESOURCES	Applicant: Raschtke Staff: Matthews

TOPIC and WITNESS SCHEDULE

September 17, 1999 - Evidentiary Hearing
(Sacramento)

TOPIC	WITNESSES
FACILITY DESIGN	Applicant: Rausoulevich/ Haslach/Nelson Staff: Baker/Kisabuli/ McCuen
RELIABILITY	Applicant: Rausoulevich/ Haslach/Nelson Staff: Baker
EFFICIENCY	Applicant: Rausoulevich/ Haslach/Nelson Staff: Baker
PUBLIC HEALTH	Applicant: ? Staff: Odoemelam
WORKER SAFETY AND FIRE PROTECTION	Applicant: ? Staff: Townsend-Smith
WASTE MANAGEMENT	Applicant: ? Staff: Townsend-Smith
HAZARDOUS MATERIALS MANAGEMENT	Applicant: Mullin Staff: Tyler/Loyer

TOPIC and WITNESS SCHEDULE

September 30, 1999 (and, if necessary, October 1, 1999)
(Sacramento)

TOPIC	WITNESSES
LAND USE	Applicant: Cuellar Staff: Matthews/Flores
NOISE	Applicant: Buntin Staff: Baker
SOCIOECONOMICS	Applicant: McCollum Staff: Stennick
VISUAL RESOURCES	Applicant: Kanemoto Staff: Walker
TRAFFIC AND TRANSPORTATION	Applicant: Wilson Staff: Golden/Newhouse
BIOLOGICAL RESOURCES	Applicant: Eton/Keene/ Valerius/Vanherweg/Olson Staff: Sazaki CDFG: Jones
GAS PIPELINE CONSTRUCTION and OPERATION	Applicant: Cook Southwest Gas: Provenza/ Cook

TOPIC and WITNESS SCHEDULE

October 7, 1999 (and, if necessary, October 8, 1999)
(Victorville)

TOPIC	WITNESSES
ALTERNATIVES	Applicant: Kelly Staff: Allen/Buell
AIR QUALITY	Applicant: Head/Seidler/ Ballentine Air District: (presented by Staff) Staff: Golden
SOIL AND WATER RESOURCES/ WATER SUPPLY/ WATER QUALITY/ USE OF DRY COOLING	Applicant: Beebe/Regan Staff: O'Hagan/ Layton/Bond CDFG: Bilhorn Intervenor: Ledford

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