STATE OF CALIFORNIA
Conservation and Development Commission
In the Matter of: ) Docket No. 97-AFC-1 ) Application for Certification ) ORDER REOPENING for the HIGH DESERT ) EVIDENTIARY RECORD POWER PROJECT ) - and - ____________________________________) NOTICE OF EVIDENTIARY HEARING
On January 14, 2000, Applicant filed a "Motion to Reopen Proceedings for Limited Purpose". On January 26, 2000, Intervenor Gary Ledford filed "Opposition to Motion of Applicant and Motion to Reopen Evidentiary Record and Hold Additional Evidentiary Hearing for Limited Purpose". The Committee discussed these items at the January 27, 2000 Conference. This Order reflects the directions provided by the Committee at that Conference and provides Notice of an additional evidentiary hearing.
II. ORDER Re: REOPENING
As indicated at the January 27 Conference, we will reopen the evidentiary record for the limited purpose of receiving evidence on only the following items:
- Air Quality Ð the sufficiency of Emission Reduction Credits obtained by the Applicant;
- Biological Resources Ð the correct monetary amounts for the mitigation specified in Condition of Certification BIO-7;
- Dry Cooling Ð supplemental economic information;
- Site Control Ð evidence of legal entitlement to use proposed site, including any potential growth inducing impacts associated with the entitlement period; and
- Water Agreement Ð provision of final aquifer storage and recovery agreement, including consistency of terms with proposed "Soil & Water" Conditions of Certification. Applicant and Staff shall also address any potential growth inducing impacts associated with the term of the water agreement, and shall also respond to the specific changes to the proposed Conditions suggested by Mr. Ledford.
Finally, Applicant and Staff shall, and other parties may, address concerns raised by the City of Barstow and other commentors on the Presiding Member's Proposed Decision.
Parties may provide relevant, noncumulative evidence on only the matters specified at the January 27 Conference and summarized above. Prepared testimony, proposed new exhibits, and witness identification and qualifications (if not previously entered into the record) shall be served on all reflected on the Proof of Service List no later than 5:00 p.m., THURSDAY, February 10, 2000.
III. NOTICE OF EVIDENTIARY HEARING
We will conduct an additional evidentiary hearing to receive evidence on only the matters summarized above as follows:
FRIDAY, FEBRUARY 18, 2000
Beginning at 9:30 a.m.
City of Victorville
14343 Civic Drive
The procedures followed will be similar to those during the preceding evidentiary hearings on this case.
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.
Members of the public and interested governmental agencies are invited to attend these hearings, and may offer unsworn public comment upon the matters specified above and discussed at this hearing. 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.
In order to conclude this hearing in an expeditious manner, the Committee may limit the time allotted to the parties for direct and cross-examination, and to members of the public for comment.
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: firstname.lastname@example.org
If you require special accommodations, contact Robert Sifuentes at (916) 654-5004 at least five days prior to the hearing. News media inquiries should be directed to Claudia Chandler at (916) 654-4989, or email: email@example.com
Richard Buell, the Commission's Project Manager, will respond to technical questions concerning the High Desert Power Project at (916) 653-1614, or email: firstname.lastname@example.org 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.
Date On Line: February 2, 20000
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
ROBERT A. LAURIE, Commissioner
High Desert AFC Committee
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