Notice of Evidentiary Hearing
[California Energy Commission Letterhead]

STATE OF CALIFORNIA

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





	
APPLICATION FOR CERTIFICATION         )     DOCKET NO. 03-SPPE-02
FOR A SMALL POWER PLANT EXEMPTION     )     
KINGS RIVER CONSERVATION DISTRICT     )
PEAKING PLANT (KINGS RIVER)           )
______________________________________)




I. NOTICE OF EVIDENTIARY HEARING

NOTICE IS HEREBY GIVEN that the Committee will conduct a Prehearing Conference as follows:

TUESDAY, March 23, 2004
Beginning at 10:00 a.m.

California Energy Commission
1516 9th Street
Hearing Room A
Sacramento, California 95814

(Wheelchair Accessible)

Based upon discussions at the March 10, 2004, Prehearing Conference, the Committee has divided the topic areas into two categories. At the Evidentiary Hearing, evidence will be taken by declaration on those topic areas listed on ATTACHMENT A. Witnesses will appear and testify on the topics listed on ATTACHMENT B. This event is open to the public; interested individuals and governmental agencies are encouraged to attend.

II. EVIDENTIARY HEARING

A. Formal Evidentiary Hearing Procedures

The purpose of formal evidentiary hearings is to establish the factual record necessary to reach a decision in this case. This is done through the taking of written and/or oral testimony, as well as exhibits from the parties.

Testimony may be presented in the form of a written declaration/affidavit or orally. In either instance, the testimony must be served upon all parties according to the schedule below for Prefiled Testimony, as specified in the Hearing Order.

Declarations/affidavits will suffice only for those topic areas which are undisputed and for which the Committee finds the information adequate. These are listed on ATTACHMENT A. Declarations/affidavits on uncontested areas will be received into the record upon motion by the sponsoring party.

Parties presenting oral testimony by sponsoring a witness must also provide a written version of that witness' testimony as well as the witness' qualifications to testify on the appropriate subject matter. Topics for which witnesses will appear are listed on ATTACHMENT B. Oral testimony will be presented under oath or affirmation. A party presenting oral testimony shall have its witness briefly establish the witness' qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness' direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate.

If appropriate, parties shall specify the withdrawal/substitution of previously identified witnesses in their respective filings as scheduled below.

Within five days following the completion of Evidentiary Hearings, each party shall provide to the Hearing Officer a bound or bankers box(s) version of all Exhibits (other than the Draft Initial Study, Initial Study, the Application for a Small Power Plant Exemption document, or portions of either), tabbed to correspond to the numbering provided at the Evidentiary Hearing, which shall follow the numbering enumerated on the Tentative Exhibit List set forth herein as ATTACHMENT C.

III. HEARING ORDER

Submittals shall be served upon all parties to this proceeding and the Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received by the Docket Unit, identified with "Docket No. 03-SPPE-02," and by all others specified on the Proof of Service List no later than 3:00 p.m. on the dates indicated.

In addition, the parties shall e-mail to the Hearing Officer [mwilliam@energy.state.ca.us] electronic copy of all filings in Microsoft Word and or Adobe Acrobat formats as set forth below.

DATE

EVENT


Wednesday, March 17, 2004


Parties file Prefiled Testimony as set forth above for all topics with accompanying draft Exhibit Lists


Wednesday, March 17, 2004


Parties send electronic copies of all filings to the Hearing Officer [mwilliam@energy.state.ca.us] no later than 6:00 p.m.


Five days following the final Evidentiary Hearing


Five days following the final Evidentiary Hearing Parties to provide Exhibits as set forth above.


IV. PUBLIC ADVISER AND PUBLIC PARTICIPATION

A. The Energy Commission's Public Adviser

Please contact the Commission's Public Adviser, Margret J. Kim at (916) 654-4489 or (800) 822-6228 or e-mail: [pao@energy.state.ca.us]. She is available to assist the public in participating in the SPPE review process. Members of the public may participate in all aspects of the administrative process in a variety of ways. Members of the general public are welcome to attend and provide public comment. 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.

B. Intervention

The period for timely intervention lapsed on March 1, 2004. Petitions to Intervene may now be granted only upon a sufficient showing of good cause. (20 Cal. Code of Regs. § 1207.) For further information contact Margret Kim, the Public Adviser, at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail: [pao@energy.state.ca.us].

C. Information

Technical questions concerning the project should be addressed to Jack Caswell, the Staff Project Manager, at (916) 653-0062 or email at: [jcaswell@energy.state.ca.us].

Questions of a legal or procedural nature should be directed to Major Williams, Jr., the Hearing Officer, at (916) 654-3893 or email at [mwilliam@energy.state.ca.us].

If you require special accommodation to participate in this event, contact Lou Quiroz at (916) 654-5146 or email at: [lquiroz@energy.state.ca.us].

Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or email at: [mediaoffice@energy.state.ca.us].

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 March 11, 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

 

 

 

 


 

 

ATTACHMENT A

EVIDENTIARY HEARING DECLARATION TOPICS1

TOPIC

APPLICANT

STAFF

1. Land Use and
Recreation

Amy Cuellar
(Declaration)

Ken Peterson
(Declaration)

2. Socioeconomics

Don Wagenet
(Declaration)

Joseph Diamond
(Declaration)

3. Agricultural and
Soil Resources

Patrick Campbell
(Declaration)

Tony Mediati
(Declaration)

4. Cultural
Resources

Leigh Martin, William Self,

Bryan Larson
(Declaration)

Dorothy Torres
(Declaration)

5. Geology, Mineral Resources and Paleontology

Richard Shatz, Paul Murphey
(Declaration)

Patrick A. Pilling
(Declaration)

6. Transmission System Engineering

Randall Hunt
(Declaration)

Ajoy Guha and Al McCuen
(Declaration)

7. Transmission Line Safety and Nuisance

Randall Hunt
(Declaration)

Obed Odoemelam
(Declaration)

8. Traffic and Transportation

John Wilson
(Declaration)

James Adams
(Declaration)

9. Worker Safety

None

To be designated

10. Compliance
and General Conditions

None

Ila Lewis
(Declaration)

11. Biological Resources

Jeff Halstead
(Declaration)

Melinda Dorin
(Declaration)

12. Waste Management

Thor Hibbeler, Jason Paul
(Declaration)

Ellie Townsend-Hough
(Declaration)

13. Hazardous Materials Management

Thor Hibbeler
(Declaration)

Geoff Lesh & Rick Tyler
(Declaration)

14. Noise and Vibration

Jim Brennan
(Declaration)

Shahab Khoshmashrab and Steve Baker
(Declaration)

 

1Upon presentation of properly executed declarations as set forth in the Notice of Evidentiary Hearing, witnesses need not appear.

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ATTACHMENT B

TOPICS FOR WHICH WITNESSES WILL APPEAR
AT THE MARCH 23, 2004, EVIDENTIARY HEARING

TOPIC

APPLICANT

STAFF

15. Project Description

Jack Sinor will provide:

    an Executive Summary of the project, and a Project and Facility Description.

Direct: 15 min.

Jack Caswell will provide:

    an overview including noticing and public dissemination of the Initial Study, consultation with responsible and trustee agencies, incorporation of agency comment, and compliance authority to enforce Conditions of Exemption.)

Direct: 15 min.

16. Energy Resources and Alternatives

Amy Cuellar
Direct: 15 min.2

Kevin Robinson
Direct: 15 min.

17. Air Quality and Public Health

Thor Hibbeler
Direct: 30 min.

Brewster Birdsall and Obed Odoemelam
Direct: 30 min.

18. Hydrology and Water Quality

Scott Redelfs
Direct: 30 min.

Tony Mediati
Direct: 30 min.

19. Visual Resources & Plumes

Marsha Gale
Direct: 30 min.

Matt Trask
Direct: 30 min.

 

2Any party may request cross-examination should the need arise at the evidentiary hearing.

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ATTACHMENT C

TENTATIVE EXHIBIT LIST3

APPLICANT'S EXHIBITS

Exhibit 1: Kings River Conservation District Peaking Plant Application–Small Power Plant Exemption (Volumes 1 & 2), filed November 26, 2003

Exhibit 1A: Initial Responses to CEC Data Requests (dated December 17, 2003), submitted January 16, 2004 (Docket Log #30750).

Exhibit 1B: Responses to CEC Air Quality Data Request 1 and 9, submitted January 22, 2004 (Docket Log #30769).

Exhibit 1C: Letter from Kings River Conservation District on Water Mitigation dated February 4, 2004 — submitted in response to Data Request 29 (Docket Log #30864).

Exhibit 1D: Data Requests Responses in the Areas of Air Quality, Cultural and Visual Resources, submitted February 13, 2004 (Docket Log #30925).

Testimony on Uncontested Topics

Exhibit 1.1: Project Description

Exhibit 1.2: Energy Resources

Exhibit 1.3: Alternatives

Exhibit 1.4: Compliance & Closure

Exhibit 1.5: Transmission System Engineering

Exhibit 1.6: Transmission Line Safety & Nuisance

Exhibit 1.7: Hazardous Materials Management

Exhibit 1.8: Worker Safety & Fire Protection

Exhibit 1.9: Cultural Resources

Exhibit 1.10: Geology & Paleontology

Exhibit 1.11: Land Use

Exhibit 1.12: Socioeconomics

Exhibit 1.13: Traffic & Transportation

Exhibit 1.14: Waste Management

Exhibit 1.15: Biological Resources

Exhibit 1.16: Hydrology and Water Quality

Exhibit1.17: Air Quality

Exhibit 1.18: Public Health

Exhibit 1.19: Noise

Exhibit 1.20: Visual Resources and Plumes

STAFF'S EXHIBITS

Exhibit 2: California Energy Commission Staff Final Initial Study filed on March 10, 2004: Sponsored by Staff and admitted into evidence on March___, 2004.

Exhibit 2A:

INTERVENOR EXHIBITS

Exhibit 3:

JOINT EXHIBITS

Joint 1:

Joint 2:

MATTERS OF WHICH THE COMMITTEE HAS TAKEN OFFICE NOTICE

1.

2.

3 Whether or not shown on this Exhibit List, all testimony is inclusive of the witness’ prefiled qualifications in the form of employment biographies, curriculum vitae, resumes and any other statements listing qualifications and work experience: Generally, such statements were filed with prehearing conference statements:

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