AFFIRMATION OF SCHEDULING ORDER
In our initial Scheduling Order (January 3, 2007), we directed Commission staff to file its Preliminary Staff Assessment (PSA) within 30 days of the issuance of the Preliminary Determination of Compliance (PDOC) by the North Coast Unified Air Quality Management District (District). The District issued the PDOC on October 24, 2007.
In its "Status Report Number 4" (October 24, 2007) Applicant requests, among other things, that we require Staff to issue the PSA by November 21, 2007 (p.4). We directed Staff to respond to Applicant's request in our October 26, 2007 Order.
Staff filed its "Status Report 4" and responded to Applicant's request on October 31, 2007. In that document, Staff summarizes various concerns it has with the PDOC and the information thus far submitted by Applicant, as well as other factors which Staff believes will prevent it from filing the PSA until December 19, 2007 (p.4). In addition, Staff anticipates it could not file the Final Staff Assessment (FSA) until nearly 60 days after the District issues its Final Determination of Compliance (FDOC).
Applicant replied to Staff's characterizations of the case on November 2, 2007. In Applicant's estimation, Staff is in possession of much of the information Staff identifies as needed, including responses to Data Requests sent on October 31, 2007. Moreover, Applicant notes that the Staff's proposed filings of the PSA and FSA would make conclusion of this case impossible in time to begin construction in the Spring of 2008 (p.2). Applicant therefore requests we direct Staff to file the PSA by November 26, 2007, and provide a 30 day period between issuance of the FDOC and publication of the FSA (pp. 1, 5). These reflect the periods provided in our original Scheduling Order.
After considering all factors contained in the relevant filings, we are persuaded by Applicant's arguments. It has apparently responded promptly to requests for additional data and, as Applicant points out, workshops and negotiations can take place after release of the PSA. There is simply no convincing reason to delay publication of the PSA past November 26, 2007. Furthermore, there is simply no reason to provide more than 30 days between issuance of the FDOC and publication of the FSA. We therefore reaffirm our original Scheduling Order in these respects.
Staff shall publish its complete PSA in this case not later than November 26, 2007. Furthermore, there is no apparent reason to delay publication of the FSA more than 30 days following issuance of the District's FDOC.
Dated November 6, 2007, at Sacramento, California.
|Date Posted: November 7, 2007||
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