I. NOTICE OF PREHEARING CONFERENCE
NOTICE IS HEREBY GIVEN that the Committee will conduct a Prehearing Conference as follows:
WEDNESDAY, MARCH 10, 2004
BEGINNING AT 1:00 P.M.
California Energy Commission
1516 9th Street
Hearing Room A
Sacramento, California 95814
The event is open to the public: interested individuals and governmental agencies are encouraged to attend.
Teleconference: For the convenience of those who cannot travel to Sacramento, please call 1-800-793-1765 by 1:00 p.m. The "conference leader" is Major Williams and the "passcode" is Kings River.
II. PREHEARING CONFERENCE
A. Purpose of Prehearing Conference
The Prehearing Conference is a public forum where the Committee will assess the parties' readiness for evidentiary hearings and the likelihood of, or any obstacles to, the proposed project qualifying for a Small Power Plant Exemption under Public Resources Code Section 23541. We will also discuss the remaining schedule and procedures necessary for the Committee to reach a decision in this case.
At this event, all parties (Staff, Applicant, and Intervenors) shall present their respective positions and supporting rationale regarding whether all impacts arising from construction and operation of the proposed facility will be sufficiently mitigated so that no substantial adverse impacts to the environment or energy resources will result. This may involve discussion of proposed "conditions of exemption" and the completeness of the project analysis. The parties shall also identify proposed witnesses that they intend to present at future evidentiary hearings, as well as the time required for direct testimony and/or cross-examination.
B. Prehearing Conference Statements
To facilitate the process, each party shall serve and file a Prehearing Conference Statement. Each party shall ensure that its respective statement is received by the other parties and the Commission's Docket Unit, located at 1516 Ninth Street, MS-4, Sacramento, California 95814-5512, no later than 3:00 p.m. on March 5, 2004. Identify these statements with "Docket No. 03-SPPE-2." In addition to providing printed copies, parties shall e-mail the statements to those with e-mail addresses as reflected on the Proof-of-Service list.
FAILURE TO FILE A TIMELY PREHEARING CONFERENCE STATEMENT MAY PRECLUDE A PARTY FROM PARTICIPATING AT THIS EVENT.
Each statement shall specify:
- The topic areas that are complete and ready to proceed to evidentiary hearings;
- The topic areas that are not complete and not yet ready to proceed to evidentiary hearings and the reasons therefor;
- Whether any dispute exists that would prevent the project from being exempt from the Commission's certification process and the precise nature of the dispute;
- The identity of each witness sponsored by a party; the topic area(s) which each witness will present; a brief summary of the testimony to be offered by each witness; qualifications of each witness; and the time required to present direct testimony by each witness;
- Topic areas upon which a party desires to cross-examine witness(es), a summary of the scope of such cross-examination, and the time desired for such cross-examination;
- A list identifying exhibits and declarations that each party intends to offer into evidence and the technical topics to which they apply; and
- Proposals for hearing dates, briefing deadlines, and other scheduling matters.
C. Petitions to Intervene to Become a Formal Party
The SPPE Decision on the Kings River Conservation District Project will be based on the official record developed at the evidentiary hearings. Only formal parties may present testimony, cross-examine witnesses, or offer documentary evidence at the hearings. Members of the public may offer public comment. These public comments will be entered into the record of the proceeding and the Committee may rely on them to support or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on any issue.
Anyone with a legitimate interest relevant to the exemption process for the proposed project may file a Petition to Intervene with the Committee to become an "Intervenor" to the proceeding. Party status provides the following rights to Intervenors:
- to present independent testimony and documentary evidence;
- to receive pertinent documents; and
- to cross-examine witnesses.
Party status also carries certain obligations, which include the duty to comply with Committee orders, procedures, and filing requirements, as well as being subject to discovery and cross-examination by other parties.
Petitions to Intervene in this case shall be filed no later than 3:00 p.m. on March 1, 2004. Typically, time extensions for new Intervenors to review existing case materials are not granted after the date of the Prehearing Conference since to do so could delay the proceeding.
D. How to Intervene
The Energy Commission's Public Adviser will assist any person or organization interested in preparing a Petition to Intervene. Those desiring information or assistance in filing a Petition to Intervene may contact Margret J. Kim, the Public Adviser, at 916-654-4489 or 800-822-6228 or email at: [firstname.lastname@example.org].
E. Public Participation
Members of the general public are welcome to attend and provide public comment at the Prehearing Conference. It is not necessary to become an Intervenor to participate in the public process. Please contact the Public Adviser as indicated above for further information on how to participate.
Technical questions concerning the project should be addressed to Jack Caswell, the Staff Project Manager, at (916) 653-0062 or email at: [email@example.com].
Questions of a legal or procedural nature should be directed to Major Williams, Jr., the Hearing Officer, at (916) 654-3893 or email at [firstname.lastname@example.org].
If you require special accommodation to participate in this event, contact Lou Quiroz at (916) 654-5146 or email at: [email@example.com].
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or email at: [firstname.lastname@example.org].
Information concerning the status of the project, as well as notices and other relevant documents, will be posted on the Energy Commission's Internet web page at: [www.energy.ca.gov/sitingcases/kingsriver].
Dated February 25, 2004 at Sacramento, California.
JAMES D. BOYD
Commissioner and Presiding Member
KINGS RIVER SPPE Committee
WILLIAM J. KEESE
Chairman and Associate Member
KINGS RIVER SPPE Committee
Mailed to Lists: 7176, 7177, 7178