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.

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.

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

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

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