APPLICATION FOR CERTIFICATION FOR THE
IVANPAH SOLAR ELECTRIC
Docket No. 07-AFC-5
Committee Advisory Regarding Tentative Hearing Dates
On October 31, 2007, the Application for Certification (AFC) filed by Solar Partners, LLC (Applicant), was deemed data-adequate for the twelve-month review process prescribed in Public Resources Code, section 25540.6. The United States Bureau of Land Management (BLM) is concurrently deciding whether to issue a right-of-way (ROW) grant and amend the 1980 California Desert Conservation Area Plan to allow the Applicant to use the proposed site, which is on federal lands.
The Committee conducted a public Informational Hearing on January 25, 2008, to discuss the schedule and other issues of concern. On January 31, 2008, September 26, 2008, October 29, 2008, June 2, 2009, and July 15, 2009, we issued Committee Schedules for this case. It appears from the Status Reports filed in this matter and additional status information supplied to the Committee by Commission staff that the Final Staff Assessment/Draft Environmental Impact Statement (FSA/DEIS) will be published soon, possibly later this month (October).
In anticipation of the FSA/DEIS publication, we have reserved several dates on our calendars as follows:
Wednesday, November 18 - Prehearing Conference
Monday, December 14, Tuesday, December 15 - Evidentiary Hearings
Monday, January 11, Tuesday, January 12 - Evidentiary Hearings
(if publication is delayed significantly beyond November 1)
Shortly after the FSA/DEIS is published, we will issue formal notice of the Prehearing Conference and Evidentiary Hearings as well as specific dates for the events leading up to the Evidentiary Hearing which are currently defined by formulas, and further orders regarding preparing for the hearings. The Applicant shall expect and be prepared to file its opening testimony and preliminary identification of contested issues two (2) weeks after the FSA publication date.
Due to the remote location of the project site, the majority of the parties located in Northern California, and an effort to reduce the amount Staff travel time and associated costs, the Committee is planning to conduct the Prehearing Conference and Evidentiary Hearings at the Energy Commission in Sacramento, with the ability to participate by telephone. The Committee will also consider arguments in favor of other venues.
Special Reminder to Persons or Organizations Considering Intervention in this Proceeding
While California Code of Regulations, title 20, section 1207 allows the filing of a Petition to Intervene as late as the Evidentiary Hearings (with a showing of good cause for petitions filed after the Prehearing Conference), you are hereby informed that the Committee will not, absent extraordinarily good cause, adjust any of the deadlines in the Schedule on account of a late intervenor. For example, if your Petition is granted after the deadline for submission of opening testimony, you will not be allowed to submit opening testimony.
Dated October 12, 2009, at Sacramento, California.
JEFFREY D. BYRON
Commissioner and Presiding Member
Ivanpah AFC Committee
JAMES D. BOYD
Vice Chair and Associate Member
Ivanpah AFC Committee