|In the Matter of:||)||Docket No. 98-AFC-2|
|Application for Certification||)||SCHEDULING ORDER|
|for the La Paloma Generating||)|
This Scheduling Order is based on discussions at the September 16, 1998, Informational Hearing, the schedule proposed by Staff in its September 11, 1998, Issues Identification Report, and the information submitted by the parties in their September 23, 1998, responses to the Committee's scheduling questions posed at the Informational Hearing. The following sets forth the schedule of primary events expected to occur prior to the release of the Preliminary Staff Assessment (PSA). The Committee expects that these events will occur as, or sooner than, presently scheduled. Delay could necessitate future scheduling extensions.
The Committee may modify the schedule at any time either upon its own motion or that of a party. [20 Cal. Code of Regs., § 1709.7(c).] The dates provided below for parties to request Committee conferences are for general guidance only. Parties may request conferences, or the Committee may schedule them at its own prerogative. The Committee requires periodic "status reports" from the parties to determine whether case development is progressing satisfactorily, as well as to bring any potential delays or other relevant matters to its attention. Finally, while the schedule does not reflect dates for informal workshops, the Committee expects the Staff to convene workshops at frequent intervals in order to discuss relevant issues in particular, and the progress of the case in general.
EVENT DATE Applicant's data responses due October 13, 1998 California Independent System Operator (Cal ISO) completes review of first and second set of Applicant's transmission contingency studies October 21 Applicant files complete permit application with Regional Water Quality Control Board October 21 Applicant identifies specific emission reduction credits for project October 21 Applicant completes negotiations for project water supply October 21 Parties submit status reports to Committee; request conference, if necessary October 23 Parties submit status reports to Committee; request conference, if necessary November 20 Applicant obtains General Plan Amendment from Kern County December 7 Parties submit status reports to Committee; request conference, if necessary December 21 Parties submit status reports to Committee; request conference if necessary January 20, 1999 Staff releases Preliminary Staff Assessment (PSA) February 5 San Joaquin Unified Air Pollution Control District issues Preliminary Determination of Compliance (PDOC) February 22 Parties submit status reports to Committee; request conference, if necessary February 26
II. ADDITIONAL SCHEDULING ISSUES
According to the scheduling information provided by the parties, several milestones will not be met prior to the projected release of the PSA (February 5, 1999):
- The preliminary Determination of Compliance (DOC) from the San Joaquin Unified Air Pollution Control District is not expected until February 22, 1999. The final DOC would thus not likely be available until late April 1999.
- The due date for the Cal ISO's determination regarding transmission reliability and the final Interconnection Study is presently unknown.
- The United States Fish and Wildlife Service is not expected to complete its Biological Opinion until March 1, 1999.
- The timeframe for the biological review by the California Department of Fish and Game is presently unspecified.
- Applicant is not expected to complete filing its permit application with the Regional Water Quality Control Board (RWQCB) until mid October. The date for final action by the RWQCB is unspecified.
- Several other potential projects may be proposed for the same general vicinity as the La Paloma project. When will Staff determine whether or not to include any such projects as part of its cumulative impact analysis for the present project?
The Committee directs the parties to indicate whether the anticipated completion dates for these items will affect preparation of the Staff Assessment or the 12-month licensing schedule and, if so, what steps will be taken to ensure that these necessary determinations are available for consideration during future evidentiary hearings. Please address these issues and other relevant concerns in the status reports due on October 23, 1998.
Dated: October 13, 1998 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
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