CALIFORNIA
ENERGY
COMMISSION

COMMITTEE ORDER
FOR BRIEFS

HUNTINGTON BEACH RETOOL PROJECT
APPLICATION FOR CERTIFICATION

DOCKET NO. 00-AFC-13

1516 Ninth Street
Sacramento, CA 95825-5512
800-822-6228
www.energy.ca.gov

Background:

At the Committee hearing on the Presiding Member’s Proposed Decision (PMPD) for the Huntington Beach Retool Project on April 9, 2001, the City of Huntington Beach presented its Comments of the City of Huntington Beach on the Presiding Member's Proposed Decision. Among other things, the Comments addressed the legal issues supporting the City's proposed Condition of Certification requiring the project generation to be sold to the State of California. (pp. 10 - 14)

To adequately prepare any appropriate amendments to Presiding Member's Proposed Decision, the Committee desires the views of the Energy Commission's Chief Counsel's Office and other parties on the assertion that the proposed California sales condition does not violate the Interstate Commerce Clause of the federal Constitution.

Order:

The Committee orders the Energy Commission Chief Counsel's Office, and requests other parties, to generally comment on or respond to the legal arguments (pp. 10 - 14) in the Comments of the City of Huntington Beach, and to specifically address the following:

Is there a legal prohibition against imposing a Condition of Certification requiring the Applicant to have an electricity sales contract with the Department of Water Resources as a condition for operation of the Unit 3 and 4 Retool Project?

Does relevant law prohibit imposing a Condition of Certification requiring the Applicant to have an electricity sales contract with the Department of Water Resources as a condition for expedited certification pursuant to the Governor's Executive Order(s)?

Deadline:

Briefs shall be electronically filed and served by noon, Thursday, April 12, 2001.

Help:
800-822-6228
(toll free in California)

or
916-654-4489

If you need information concerning public participation, please contact Roberta Mendonca, the Energy Commission’s Public Adviser, at 916-654-4489 or, toll free in California, at 800-822-6228, or by e-mail at: pao@energy.state.ca.us.

Information concerning the status of the project, notices and other relevant documents are available on the Commission’s Web Site at: www.energy.ca.gov/sitingcases/huntingtonbeach

Dated: ___4-10-01_____

ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION

_________/s/__________________

___________/s/____________

ARTHUR H. ROSENFELD.

ROBERT PERNELL

Commissioner and Presiding Member

Commissioner and Associate Member

Huntington Beach AFC Committee

Huntington Beach AFC Committee

Background:	At the Committee hearing on the Presiding Member’s Proposed Decision (PMPD) for the Huntington Beach Retool Project on April 9, 2001, the City of Huntington Beach presented its Comments of the City of Huntington Beach on the Presiding Member's Proposed Decision. Among other things, the Comments addressed the legal issues supporting the City's proposed Condition of Certification requiring the project generation to be sold to the State of California. (pp. 10 - 14) To adequately prepare any appropriate amendments to Presiding Member's Proposed Decision, the Committee desires the views of the Energy Commission's Chief Counsel's Office and other parties on the assertion that the proposed California sales condition does not violate the Interstate Commerce Clause of the federal Constitution.

Order:	The Committee orders the Energy Commission Chief Counsel's Office, and requests other parties, to generally comment on or respond to the legal arguments (pp. 10 - 14) in the Comments of the City of Huntington Beach, and to specifically address the following: Is there a legal prohibition against imposing a Condition of Certification requiring the Applicant to have an electricity sales contract with the Department of Water Resources as a condition for operation of the Unit 3 and 4 Retool Project? Does relevant law prohibit imposing a Condition of Certification requiring the Applicant to have an electricity sales contract with the Department of Water Resources as a condition for expedited certification pursuant to the Governor's Executive Order(s)?

Deadline:	Briefs shall be electronically filed and served by noon, Thursday, April 12, 2001.

Help: 800-822-6228 (toll free in California) or 916-654-4489	If you need information concerning public participation, please contact Roberta Mendonca, the Energy Commission’s Public Adviser, at 916-654-4489 or, toll free in California, at 800-822-6228, or by e-mail at: pao@energy.state.ca.us. Information concerning the status of the project, notices and other relevant documents are available on the Commission’s Web Site at: www.energy.ca.gov/sitingcases/huntingtonbeach

Dated: ___4-10-01_____	ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION


_________/s/__________________	___________/s/____________
ARTHUR H. ROSENFELD.	ROBERT PERNELL
Commissioner and Presiding Member	Commissioner and Associate Member
Huntington Beach AFC Committee	Huntington Beach AFC Committee