In the Matter of:                   )		
                                    )     Docket No. 00-AFC-13
Application for Certification       )	
for the AES                         )     ORDER ON PETITION FOR	
HUNTINGTON BEACH GENERATING         )     RECONSIDERATION
STATION RETOOL PROJECT              )
____________________________________}

AES filed its Application for Certification (AFC) on December 1, 2000. Regulatory review began on February 7, 2001. On May 10, the Commission adopted its Decision, which was docketed on May 11, 2001. At the conclusion of the 30-day period for filing for reconsideration on June 11, 2001, AES filed its Petition for Reconsideration, seeking the deletion of Condition EMERGENCY-1.

On July 11, 2001, the Commission conducted a hearing to review the written comments filed in the proceeding and to hear oral argument from the parties and public.

GOOD CAUSE APPEARING THEREFOR, the Commission granted the Petition for Reconsideration. Based upon the written materials submitted and discussion at the July 11, 2001 hearing, the Commission ORDERS, as to its May 11, 2001 Decision: the deletion of Condition EMERGENCY-1 and the modification of related Condition EMERGENCY-2, to read as follows:

EMERGENCY-2: This certification is granted by the Energy Commission for a limited period subject to an extension review by the Energy Commission as described below, conducted at the request of the project owner made no sooner than January 1, 2006 and no later than March 31, 2006. The project owner's request for extension review shall be accompanied by evidence from the project owner and others relevant to the findings set forth below. The Energy Commission shall approve the continuation of this certification if it finds that:

• the project owner has substantially complied with the conditions of certification;
• the project owner has mitigated or is mitigating the project's contribution to environmental impacts that are the subject of the studies required by the conditions of certification; and
• all currently required permits (i.e., NPDES) are in force and the project owner is in substantial compliance with each permit.

If the Energy Commission approves the continuation, this certification will expire on September 30, 2011. If the Energy Commission does not approve the continuation or the project owner does not request the continuation before April 1, 2006, this certification will expire on September 30, 2006.

Date Online: July 17, 2001

ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION

WILLIAM J. KEESE
Chairman

MICHAL C. MOORE
Commissioner

ARTHUR H. ROSENFELD
Commissioner

Commissioner voting "Nay"

ROBERT A. LAURIE
Commissioner

Commissioner ROBERT PERNELL was absent.