COMMITTEE SUPPLEMENTAL BRIEFING ORDER
[California Energy Commission Letterhead]


BEFORE THE ENERGY RESOURCES CONSERVATION AND
DEVELOPMENT COMMISSION
OF THE STATE OF CALIFORNIA



     
  )  
APPLICATION FOR CERTIFICATION for the ) DOCKET NO.  01-AFC-17
INLAND EMPIRE ENERGY CENTER )  
By INLAND EMPIRE ENERGY CENTER, LLC )
___________________________________ )  

 

COMMITTEE SUPPLEMENTAL BRIEFING ORDER


On July 30, 2003, the Committee conducted Evidentiary Hearings on the Inland Empire Energy Center Application for Certification (AFC). Having heard the parties' evidentiary presentations on all disputed topics, the Committee has remaining concerns in the area of Air Quality. The Committee, therefore, orders the parties to submit supplemental briefs only on the following questions:

  1. Explain how the RECLAIM program works, i.e., registering RECLAIM trading credits (RTCs), purchase requirements, timelines (are the RTCs effective for the life of the project?; how long does the process take to complete the purchase process?), and expiration of RECLAIM program.


  2. In order for Applicant to secure the requisite amount of RECLAIM Trading Credits (RTCs) before plant operation, will the Applicant need to purchase the RTCs from a third party/parties rather than from the DistrictŐs RECLAIM registry? If so, what guarantees currently exist to ensure that the appropriate RTCs will be available at operation?


  3. If the project is constructed and RTCs cannot be purchased and other ERCs are not available, and the IEEC cannot obtain a Permit to Operate from the Air District, what will the impacts be to the environment? Will the IEEC be able to operate? If so, under what circumstances?


  4. Does Staff need to have the RTCs identified more specifically in order to complete its CEQA analysis and if so, why?


  5. Has the Energy Commission certified any other power plant projects in which the air emission offset package was not completely identified or in which offsets were not secured prior to certification? Please list projects and be specific about the circumstances of each case. If the offsets were not secured, but identified, please explain how those offsets were identified.


  6. Discuss the relevance of cost in determining whether the project complies with applicable law, i.e, CEQA.


The Committee further orders the Applicant to submit to the Committee a letter from the South Coast Air Quality Management District certifying that complete emissions offsets (including RTCs) have been identified pursuant to Public Resources Code § 25523(d)(2).

All briefs shall be filed with the Docket Unit no later than 3:00 p.m. on October 24, 2003. Briefs shall also be sent to the parties and to the Hearing Officer via email in MS Word.

 

Dated February 14, 2002, at Sacramento, California.


ROBERT PERNELL
Commissioner and Presiding Member
Inland Empire Energy Center AFC
Committee

JAMES D. BOYD
Commissioner and Associate Member
Inland Empire Energy Center AFC
Committee




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