California Energy Commission Letterhead

APPLICATION FOR CERTIFICATION FOR THE
HUMBOLDT BAY REPOWERING PROJECT
BY PACIFIC GAS AND ELECTRIC COMPANY

Docket No. 06-AFC-7

 

Order Granting Motion to Reopen the Evidentiary Record
and
Notice of Evidentiary Hearing

On August 13, 2008, Pacific Gas & Electric Company (PG&E or Applicant) filed its Motion to Reopen the Humboldt Bay Repowering Project (HBRP) Evidentiary Record (Motion). This order 1) finds that Applicant has demonstrated good cause for reopening the evidentiary record, 2) grants Applicant's Motion, and 3) gives notice of an evidentiary hearing to take place as follows:

TUESDAY, SEPTEMBER 16, 2008
Beginning at 1:00 p.m.

California Energy Commission
Hearing Room A
1516 Ninth Street
Sacramento, California 95814

Background

PG&E's Motion states that since the June 17, 2008 close of the evidentiary record in the Humboldt proceeding, Applicant has learned that the North Coast Regional Water Quality Control Board (NCRWQCB) has required PG&E to modify the project as a requirement to obtain a water permit. The modification requires a new feature including a low impact bioretention pond to capture storm water runoff from the project site. PG&E describes the change as a "minimal project modification." The original plan for handling storm water, as described in the Application for Certification, was to use a traditional oil-water separator (OWS) to clean up storm water runoff. In its Motion, PG&E requests the evidentiary record be opened to allow filing of written material describing the proposed project modifications and to allow Staff to file its analysis of Applicant's proposal.

Discussion

In its Motion, Applicant states that after the close of the evidentiary record, and pursuant to the Clean Water Act, PG&E pursued a 401 Water Quality Certification with the NCRWQCB. At that time, staff of the NCRWQCB informed Applicant that the project's storm water filtration techniques must be modified to decrease the amount of impervious surface and to increase on-site storm water filtration. On August 13, 2008, PG&E filed its Bioretention Area Submittal with the Commission, describing the required modification to the HBRP.

Order

In its Motion, PG&E has demonstrated that the requirement for new required information related to storm water management was reasonably unforeseen by Applicant. Furthermore, Applicant has demonstrated good cause for the committee to reopen the evidentiary record in this case for the limited purpose of receiving evidence related to the storm water management changes.

Therefore, the Committee GRANTS PG&E's Motion and ORDERS the Energy Commission staff to analyze PG&E's proposed storm water management changes and file its written analysis no later than noon on Wednesday, September 10, 2008. On September 16, 2008, Applicant and Staff shall also be prepared to discuss whether Applicant's proposed modification, if adopted by the Committee, would require publication of a Revised Presiding Member's Proposed Decision pursuant to Title 20 section 1753.

Dated August 20, 2008, at Sacramento, California.

_______/ Signed /_________
JEFFREY D. BYRON
Commissioner and Presiding Member
Humboldt Bay Repowering Project AFC Committee

_______/ Signed /_________
KAREN DOUGLAS
Commissioner and Associate Member
Humboldt Bay Repowering Project AFC Committee