|In the Matter of:||)||Docket No. 98-AFC-2|
|Application for Certification for the||)||NOTICE OF EVIDENTIARY|
|La Paloma Generating Project||)||HEARINGS and|
At the March 16, 1999 Prehearing Conference, the parties indicated that they are prepared to proceed to formal evidentiary hearings on most technical topic areas. While we realize that additional information is still being developed on other areas, we are also aware of the statutory direction [see Public Resources Code, secs. 25522(a), 25540.6(a)] that the Commission issue its final decision within twelve months. In order to meet this deadline, we must conclude evidentiary hearings by the end of April 1999.
Therefore, we will conduct formal hearings to receive evidence on all aspects of the proposed project as set forth below. This document provides notice for these hearings, a schedule of witnesses for each topic area, and dates for filing prepared testimony.
II. NOTICE OF EVIDENTIARY HEARINGS
We will conduct formal evidentiary hearings as follows:
WEDNESDAY, APRIL 21, 1999
THURSDAY, APRIL 22, 1999
FOLLOWING MEETINGS CANCELLED
* * * * * * *
MONDAY, APRIL 26, 1999
TUESDAY, APRIL 27, 1999, if necessary.
The hearings on APRIL 21 and APRIL 22 will be held at:
CALIFORNIA ENERGY COMMISSION
Beginning at 10 a.m.
First Floor Hearing Room A
1516 Ninth Street
The hearing on APRIL 26 and, if necessary, on APRIL 27 will be held at:
Beginning at 10 a.m.
23250 2nd Street
The April 27 hearing date is being scheduled as a CONTINUATION DATE only. If matters are concluded by April 26, no hearing will be held on April 27.
At these hearings, the parties (Applicant, Staff, Intervenors) will present evidence consisting of sworn testimony and exhibits on each topic area. Unless a party requests otherwise, presentations will follow the agenda reflected on ATTACHMENT A.
A. Formal Evidentiary Hearing Procedures
The purpose of these 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 oral testimony as well as exhibits from the parties. These hearings are more structured than the Committee Conferences and the informal Staff workshops which have already occurred. A party proposing to sponsor witnesses must file the witnesses's testimony, in writing, according to the schedule below. Witnesses will testify under oath or affirmation and be subject to cross-examination by other parties who have intervened in the case.
At the evidentiary hearings, a party sponsoring a witness shall 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. As warranted, multiple witnesses may testify as a panel.
B. Public Participation
Members of the public and interested governmental agencies are invited to attend these hearings and may offer unsworn public comment upon the matters discussed. These public comments will be entered into the record of the proceeding and may be used to supplement or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.
The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at these hearings. She may be reached at (916) 654-4489 or, toll free, at 800-822-6228; her email address is: firstname.lastname@example.org
C. Further Information
If you require special accommodations, contact Robert Sifuentes at (916) 654-5004 at least five days prior to the first hearing. News media inquiries should be directed to Claudia Chandler at (916) 654-4989 or, email: email@example.com
Marc Pryor, the Commission's Project Manager, will respond to technical questions concerning the La Paloma Generating Project at (916) 654-0159 or, email: firstname.lastname@example.org Information concerning the status of the project, as well as notices and other relevant documents, is also available on the Energy Commission's Internet home page at: www.energy.ca.gov/sitingcases/lapaloma
Questions of a legal or procedural nature should be directed to the Hearing Officer, Stanley W. Valkosky, at (916) 654-3893.
III. HEARING ORDER
Based upon discussion at the March 16, 1999 Prehearing Conference, the following filing schedule shall apply.
Filings shall be served upon all parties to this proceeding and the Commission's Docket Unit, 1516 Ninth Street, MS-4, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received no later than 5:00 p.m. on the dates indicated. Identify all documents with "Docket No. 98-AFC-2."
DATE EVENT MARCH 25, 1999 Applicant provides Determination of Compliance MARCH 31 Applicant submits new transmission line Cultural and Paleontological information APRIL 7 Staff files Final Staff Assessment, including witness qualifications APRIL 7 Applicant files prepared testimony and resumes of sponsoring witnesses APRIL 7 California Independent System Operator files prepared testimony and resume(s) of sponsoring witness(es) on topic of Transmission System Engineering; this witness and testimony may be presented by Staff APRIL 7 All other parties desiring to present witnesses file prepared testimony and copies of exhibits to be offered as evidence APRIL 7 Parties file any requests for changes to schedule of topics and witnesses (Attachment A) APRIL 14 Parties file revisions to testimony, and rebuttal testimony as necessary APRIL 21, 22, 26 and, if necessary, 27 Evidentiary hearings on topics as enumerated. ATTACHMENT A MAY 13 Parties file Opening Briefs MAY 25 Parties file Reply Briefs JUNE 25 Presiding Member's Proposed Decision (PMPD) and Notice of Conference issued JULY 19 *Parties file comments on PMPD JULY 23 *Conference on PMPD JULY 28 *Close of comment period on PMPD AUGUST 9 *Committee issues revised PMPD AUGUST 18 *Conference on revised PMPD AUGUST 25, 1999 *Commission consideration of revised PMPD
*These events will be separately noticed.
Dated: ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION _____//signed//_____ ___//signed//_____ ROBERT A. LAURIE, Commissioner DAVID A. ROHY, Ph.D., Vice Chair Presiding Committee Member Associate Committee Member
TOPIC and WITNESS SCHEDULE
The Committee will hear topics according to the following agenda. Any requests for changes/substitutions, etc. should be made in the party's April 7, 1999 filing.
* * * * *
WEDNESDAY, APRIL 21, 1999 (Sacramento)
TOPIC WITNESSES Project Description Applicant: Garratt/Chilson/Williams
Alternatives Applicant: Garratt
Compliance Monitoring and Closure Applicant: Garratt
Conformance with the Integrated Assessment of Need Applicant: Garratt
Facility Design and Geology Applicant: Marlow/Williams/Wiley/Jones/Vance
Power Plant Reliability Applicant: Williams
Power Plant Efficiency Applicant: Williams
Waste Management Applicant: Marx
Worker Safety and Fire Protection Applicant: Clendening/Williams
Transmission Line Safety and Nuisance Applicant: Ormsby
Public Health Applicant: Keohler
Noise Applicant: Green
* * * * *
THURSDAY, APRIL 22, 1999 (Sacramento)
TOPIC WITNESSES Paleontologic Resources Applicant: Lawler
Cultural Resources Applicant: Hatoff
Hazardous Materials Management Applicant: Marx
Biological Resources Applicant: Guldman
Transmission System Engineering Applicant: Ormsby/Filippi
Cal ISO: Miller/Daschmans (witnesses may be sponsored by Staff)
Elk Hills: Englebrecht/Rawley
Cumulative Impacts Applicant: Steiner
Elk Hills: Rawley
* * * * *
MONDAY, APRIL 26, 1999 (McKittrick), and,
if necessary, Tuesday, April 27, 1999
TOPIC WITNESSES Land Use Applicant: Smith
Visual Resources Applicant: Headley
Traffic and Transportation Applicant: Smith
Socioeconomics Applicant: Smith
Soil and Water Resources Applicant: Garratt/Garnand/Ray/Taylor
Air Quality Applicant: Steiner/Chilson/Sylte
Air District: Witness may be sponsored by Staff
Tentative Exhibit List
Based upon available information, the Committee has identified the following documents as tentative exhibits pertinent to the evidentiary hearings. Modifications to this list will be discussed at the hearings.
EXHIBIT DESCRIPTION NUMBER 1. Application for Certification document, Volumes I and II, dated July 1998; sponsored by Applicant. NUMBER 2 Final Staff Assessment for the La Paloma Generating Project (Docket No. 98-AFC-2), dated April 7, 1999; sponsored by Staff. NUMBER 3 Determination of the California Independent System Operator, dated February 25, 1999; sponsored by the Cal ISO. NUMBER 4 Applicant's prepared testimony on [subject] and witness resume, dated April 7, 1999; sponsored by Applicant
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