[California Energy Commission Letterhead]  
 

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
REVISED NOTICE OF
EVIDENTIARY HEARINGS
and HEARING ORDER


I. BACKGROUND

The Committee previously scheduled hearings in a Notice and Order dated July 16, 1999. Since that time, the parties have submitted written testimony and have also suggested that it would be appropriate to receive evidence on certain topic areas by declaration, rather than by oral presentations by witnesses [see Staff's Witness and Exhibit List (August 2, 1999); letter from Applicant (August 19, 1999); letter from CURE (August 19, 1999)]. Parties have also suggested that the hearings on the topics of Biological Resources and the Water issues be conducted on the same day(s).

We have considered these requests and incorporate them, to an extent, in this REVISED Notice and Order. Accordingly, the revised Topic and Witness schedule (Attachment A) REPLACES that contained in the earlier (July 16, 1999) Notice and Order.


II. REVISED NOTICE OF EVIDENTIARY HEARINGS

We will conduct evidentiary hearings at the times and places as previously noticed, with the exception that FRIDAY, SEPTEMBER 17, 1999, is now a contingent hearing day, and will be used only if necessary. Topics previously scheduled for September 17th will instead be heard on THURSDAY, SEPTEMBER 16th, 1999 in accordance with the REVISED Hearing Order, below.

Hearings will still occur on September 30, 1999 (and, if necessary October 1, 1999) and October 7, 1999 (and, if necessary, October 8, 1999) at the times and places previously noticed. Some topics to be considered on these dates have, however, changed in accordance with the REVISED Hearing Order, below.


III. REVISED HEARING ORDER

After inspecting the evidence thus far identified, we believe the substantive topic areas fall into three major categories: those which appear appropriate for declarations; those which may be appropriate if supplemented in relatively minor ways; and those which require oral presentations. We discuss these below.

  1. Topics apparently appropriate for the use of declarations. There are no known controversies in these areas, and the evidence appears sufficient to allow us to formulate a recommended decision. Parties offering evidence on the following topic areas may, if they choose, submit that evidence in the form of a written declaration. This means that witnesses need not appear and present oral testimony, and will not be available for cross-examination by other parties.

    The topics in this category are:

    • COMPLIANCE and CLOSURE
    • LAND USE
    • NOISE
    • PUBLIC HEALTH
    • TRANSMISSION LINE SAFETY and NUISANCE
    • WORKER SAFETY and FIRE PROTECTION

  2. Topics potentially appropriate for declarations, but requiring supplementation. There are no evident controversies in these topic areas, but supplementation is required in order to clarify the record:

    DEMAND CONFORMANCE Conclusion of testimony appears incorrect (p. 18 of Staff Assessment).
    FACILITY DESIGN Clarification regarding "uncertainty" of project's major electrical features (p. 419 of Staff Assessment).
    HAZARDOUS MATERIALS MANAGEMENT It is not evident whether or not additional hazardous materials management measures proposed by Applicant and CURE (May 4, 1999 Joint Environmental Impact Mitigation Proposal) are incorporated into the proposed Conditions of Certification and, if not, reasons therefor.
    PALEONTOLOGIC RESOURCES Further clarification is desirable concerning the Commission's role with BLM in oversight and whether mitigation proposed by Staff will be consistent with that of BLM (Staff Assessment, p. 401).
    VISUAL RESOURCES The discussion of the obstruction lighting for the project may need updating (Staff Assessment, p. 193), and it is unclear whether a specific Condition is required to provide for removal of exhaust stacks in the event of project closure (Staff Assessment, p. 196).

    Parties may choose to submit declarations for these topic areas, provided the declarations address the noted concerns.

    Use of declarations and filing dates. If a party chooses not to submit a declaration for a topic area(s), then that party must provide a witness to sponsor its evidence on such area(s). Parties choosing to submit declarations must serve such declarations no later than Tuesday, September 7, 1999. If any party desires to cross-examine a witness on any of the areas identified above, that party must serve a notice of intention to cross-examine no later than Friday, September 10, 1999. If any party requests the right to cross-examine a witness, the party sponsoring the witness shall produce the witness according to the revised schedule on Attachment A.

  3. Topics subject to hearings. The parties will sponsor witnesses to provide oral testimony on the following topics; evidence in these areas will not be taken by declaration:

    ALTERNATIVES RELIABILITY
    AIR QUALITY SOCIOECONOMICS
    BIOLOGICAL RESOURCES TRAFFIC AND TRANSPORTATION
    CULTURAL RESOURCES TRANSMISSION SYSTEM ENGINEERING
    EFFICIENCY WASTE MANAGEMENT
    GAS PIPELINE CONSTRUCTION AND OPERATION WATER/SOILS/WATER SUPPLY/ WATER QUALITY/DRY COOLING
    PROJECT DESCRIPTION

    Questions concerning these matters should be addressed to the Hearing Officer, Stanley W. Valkosky, at (916) 654-3893.



Dated: September 2, 1999



[Signtaure]
ROBERT A. LAURIE
Commissioner and Presiding Member
High Desert AFC Committee
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION


[Signtaure]
DAVID A. ROHY, Ph.D.
Vice Chair and Associate Member
High Desert AFC Committee
Mailed to List: #707



ATTACHMENT A: (REVISED)


TOPIC and WITNESS SCHEDULE

September 16, 1999 - Evidentiary Hearing
(and, if necessary, September 17, 1999) - Sacramento

Topics which may be presented by declaration are designated with an asterisk (*)


TOPIC WITNESSES
COMPLIANCE AND CLOSURE* Applicant: Barnett
Staff: Munro (declarations?)
DEMAND CONFORMANCE* Applicant: Barnett
Staff: Stone (declarations?)
FACILITY DESIGN* Applicant: Rausavljevich
Staff: Baker/Kisabuli/ Anderson/McCuen (declarations?)
HAZARDOUS MATERIALS MANAGEMENT* Applicant: Mullen/Cuellar
Staff: Tyler/Loyer
CURE: Fox (declarations?)
LAND USE* Applicant: Cuellar/Cook
Staff: Matthews/Flores (declarations?)
NOISE* Applicant: Buntin/ Rausavljevich
Staff: Baker (declarations?)
PALEONTOLOGIC RESOURCES* Applicant: Raschke
Staff: Matthews (declarations?)
PUBLIC HEALTH* Applicant: Ballentine
Staff: Matthews (declarations?)
TRANSMISSION LINE SAFETY and NUISANCE* Applicant: Larsen
Staff: Odoemelam (declarations?)
VISUAL RESOURCES* Applicant: Kanemoto/ Rausavljevich/Barnett/ Ballentine
Staff: Walker (declarations?)
WORKER SAFETY and FIRE* PROTECTION Applicant: Mullen/Nelson
Staff: Townsend-Smith (declarations?)
PROJECT DESCRIPTION Applicant: Barnett/Rausavljevich
Staff: Buell
CULTURAL RESOURCES Applicant: Self
Staff: Matthews
RELIABILITY Applicant: Rausavljevich
Staff: Baker
EFFICIENCY Applicant: Rausavljevich
Staff: Baker
WASTE MANAGEMENT Applicant: Mullen/Cuellar
Staff: Townsend-Smith
TRANSMISSION SYSTEM ENGINEERING Applicant: Larsen
Staff: McCuen
Cal ISO: Sparks (presented by Staff)


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

TOPIC WITNESSES
TRAFFIC AND TRANSPORTATION Applicant: Wilson
Staff: Golden/Flores
ALTERNATIVES Applicant: Barnett/Larsen
Staff: Allen/Buell
SOCIOECONOMICS

(changed from previous order)
Applicant: McCollum
Staff: Stennick
CURE: Hughes
Intervenor: Ledford
GAS PIPELINE CONSTRUCTION AND OPERATION Applicant: Cook
Southwest Gas: Provenza


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

TOPIC WITNESSES
AIR QUALITY Applicant: Head/Seidler/Ballentine/ Cuellar/Wally
Air District: De Salvio (presented by Staff
Staff: Ngo
CURE: Fox
BIOLOGICAL RESOURCES
(changed from previous Order)
Applicant: Etra/Valerius/Vanherweg/ Olson/Cuellar
Staff: Sazaki
CDFG: Jones/Bilhorn
SOIL and WATER RESOURCES/ WATER SUPPLY/WATER QUALITY/ USE OF DRY COOLING Applicant: Beeby/Regan/Lefkoff/ Rausavljevich
Staff: O'Hagan/Bond/Layton
CDFG: Bilhorn
Intervenor: Ledford





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