[California Energy Commission Letterhead]  
 

STATE OF CALIFORNIA

Energy Resources Conservation
and Development Commission

 
 
 
In the Matter of:
Application for Certification
for the La Paloma Generating Project
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Docket No. 98-AFC-2

NOTICE OF EVIDENTIARY HEARINGS
-and- REVISED SCHEDULING ORDER



I. NOTICE OF EVIDENTIARY HEARINGS

We will conduct formal evidentiary hearings as follows:

TUESDAY, JUNE 29, 1999
-and-
WEDNESDAY, JUNE 30, 1999, if necessary, at:

McKITTRICK SCHOOL
Beginning at 10 a.m.
School Auditorium
23250 2nd Street
McKittrick, California
(Wheelchair Accessible)

The JUNE 30 hearing date is being scheduled as a CONTINUATION DATE only. If matters are concluded by JUNE 29, no hearing will be held on JUNE 30.

At these hearings, the parties (Applicant, Staff, Intervenors) will present evidence consisting of sworn testimony and exhibits on specified topic areas. 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 finish establishing 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 revised 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 admitted 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: pao@energy.state.ca.us

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: energia@energy.ca.gov

Marc Pryor, the Commission's Project Manager, will respond to technical questions concerning the La Paloma Generating Project at (916) 654-0159 or, email: mpryor@energy.state.ca.us

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.


II. REVISED SCHEDULING ORDER

In order to accommodate the filing and review of necessary but currently unavailable information, Applicant and Staff jointly filed a proposed revised schedule on April 28, 1999.

After considering this matter, the Committee will accept the proposed schedule revisions, with the clarifications noted below. The parties should be aware that these revisions are performance based, i.e. a delay in submitting one item will result in a delay for a like period in submitting the items which follow it. Next, these scheduling adjustments are for the purpose of providing the parties an opportunity to address mitigation proposals and to provide and review necessary information; project amendments and the like are beyond their scope. Finally, the Committee expressly retains its discretion to make further scheduling modifications depending upon the information contained in the scheduled status reports.

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."

The revised schedule is adopted as follows:

EVENTDATE
Parties file Status Reports May 7, 1999
Applicant submits supplemental information for zero discharge system for wastewater May 11
Applicant submits additional information re: financing of ladder truck and personnel May 11
Parties file Status Reports and, as appropriate, state whether they wish to examine Staff witnesses sponsoring April 28, 1999 revisions to Hazardous Materials Handling, Noise, and Waste Management testimony May 19
USFWS provides Biological Opinion May 21
Applicant provides Final Determination of Compliance from Air District May 28
Parties file Status Reports June 2
CDFG issues incidental take (2081b) permit June 7 (tentative)
Staff files revised/supplemental testimony on Air Quality, Biological Resources, Socioeconomics, Soil and Water Resources, as well as declarations supporting revised testimony on Hazardous Materials Handling, Noise, and Waste Management filed on April 28, 1999 June 11
Parties file rebuttal/supplemental testimony; Parties also, as appropriate, state whether they intend to recall Staff's witness Townsend-Smith (re: Socioeconomics aspect of Worker Safety/Fire Protection testimony) and/or Applicant's witnesses Ouellette/Ralston (re: Water aspects of Waste Management testimony) June 18
Parties file Status Reports and request any appropriate changes to witnesses/topics reflected in Attachment A June 21
Evidentiary Hearings(s) June 29 and,
if necessary,
June 30



Date On-line: May 7, 1999 ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION


_____//signed//_____
ROBERT A. LAURIE,
Commissioner
Presiding Member
_____//signed//_____
DAVID A. ROHY, Ph.D.,
Vice Chair
Associate Member



ATTACHMENT
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 June 21, 1999 filing.

* * * * *

TUESDAY, JUNE 29, 1999 (McKittrick)
Topics may be continued to WEDNESDAY, JUNE 30, if necessary


TOPICWITNESSES
Reserved for presentation/cross-examination on supplemental testimony by Staff contained in its April 28, 1999 revisions to Hazardous Materials Handling, Noise, and Waste Mangement, if necessary, as indicated in parties' May 19 filings.
Land Use Applicant: Smith
Staff: Stennick
Visual Resources Applicant: Headley
Staff: Flores/Walker
Traffic and Transportation Applicant: Smith
Staff: Flores
Socioeconomics Applicant: Smith/Garratt
Staff: Edwards, Townsend-Smith (if recalled)
Cure: Kane/Kavanaugh
Biological Resources Applicant: Guldman
Staff: York; Staff may also sponsor witnesses from USFWS and/or CDFG
Soil and Water Resources Applicant: Garratt/ Garnand/ Ray/ Taylor/ Williams/ Ouelette/ Ralston
Staff: O'Hagan
Air Quality Applicant: Steiner/Chilson/Sylte
Staff: Golden; Staff may also sponsor a witness from the local Air District






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