STATE OF CALIFORNIA
Conservation and Development Commission
In the Matter of: ) Docket No. 01-AFC-12 ) Application for Certification ) of the LOS ESTEROS CRITICAL ENERGY ) FACILITY (LOS ESTEROS) ) ____________________________________)
COMMITTEE RULING ON EXPEDITED REVIEW AND SCHEDULING ORDER
I. COMMITTEE RULING
On October 19, 2001, the Committee decided that it would issue a final Committee Ruling on the proposed project's eligibility for expedited review following the Informational Hearing and Site Visit, which was conducted as previously scheduled on November 5, 2001.
Having heard and reviewed the respective parties positions,1 and having read an opposition to expedited review that was submitted by the Coalition of Ratepayer and Environmental Groups (the Coalition), the Committee hereby finds as follows:
- The Bay Area Air Quality Management District (BAAQMD) to date has not filed with the Energy Commission a Preliminary Determination of Compliance (PDOC), which the Committee expected on November 12, 2001. (11/5/01 RT 60:21-63:9; 66/11-15.);
- Other discovery in this proceeding remains ongoing. (11/5/01 RT 64:3-24.)
- Without the PDOC, and with ongoing discovery, staff will not file the Staff Assessment (SA) at any time in November 2001. (11/5/01 RT 64:25-67:1.)
- Likewise, Applicant has expressly consented to a commensurate slip in the Committee's Schedule because of delays associated with material agency reviews. (Pub. Resources Code ¤ 25552 (c); 11/5/01 RT 67:2-16.)
- 5. Even with the Schedule delays as set forth above, the proposed project has the potential to comport with the eligibility requirements set forth in Public Resources Code section 25552.
Accordingly, the Committee rules that the project may proceed upon an extended four-month schedule, as is contemplated in Public Resources Code section 25552(c).
II. COMMITTEE SCHEDULING ORDER
The Committee Schedule (Schedule) is set forth in Appendix A attached. As we noted above, several of the Schedule's objectives are contingent upon reviews to be conducted by federal, state, and local agencies. The Committee recognizes that delays in the completion of those reviews may necessitate further Schedule modifications.
Although the Energy Commission staff is responsible for meeting Committee deadlines for the filings produced by staff, Applicant bears the ultimate burden of proof in this proceeding. Therefore, Applicant must be responsible for the timeliness of its own filings as well as those of all other agencies outside the Energy Commission. Thus, a delay by any agency other than the Energy Commission staff in filing a required document generally will result in a further commensurate slip in the Committee's Schedule.2
Public Adviser and Public Participation
The Energy Commission's Public Adviser is available to assist the public in participating in the certification review process. Members of the public may participate in all aspects of the review process in a variety of ways. If you need information concerning public participation, please contact the Energy Commission's Public Adviser, Roberta Mendonca at (916) 654-4489 or, toll free (800) 822-6228 or e-mail: firstname.lastname@example.org
Technical questions concerning the project should be addressed to Robert Worl, the Energy Commission's Project Manager, at (916) 651-8853 or e-mail at: email@example.com
Questions of a legal or procedural nature should be directed to Major Williams, Jr., the Hearing Officer, at (916) 651-2020 or e-mail at: firstname.lastname@example.org
If you require special accommodation to participate in this event, please contact Priscilla Ross at (916) 653-6631 or e-mail at: email@example.com
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or e-mail at: firstname.lastname@example.org
Informational 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/losesteros/index.html
1A written transcript of the Informational Hearing and Site Visit was placed online on November 13, 2001: www.energy.ca.gov/sitingcases/losesteros/documents/index.html. The transcript is cited herein as "RT," followed by the relevant page and line numbers.
2We note, however, that the Schedule may be slipped only to the extent the Committee finds that the proposed project remains eligible for the expedited process under Public Resources Code section 25552(c)
Dated November 15, 2001, at Sacramento, California
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
WILLIAM J. KEESE
Commissioner and Presiding Member
Los Esteros AFC Committee
MICHAL C. MOORE
Commissioner and Associate Member
Los Esteros AFC Committee
COMMITTEE SCHEDULE FOR LOS ESTEROS
EVENT DATE AFC Data Adequate September 25, 2001 Staff Issues Data Requests (Set 1) to Applicant October 5, 2001 Staff Issues Data Requests (Set 2) to Applicant October 10, 2001 Staff Issues Data Requests (Set 2) to Applicant October 10, 2001 Staff Issues Data Requests (Set 3) to Applicant October 12, 2001 Staff Files Issue Identification Report October 18, 2001 Informational Hearing and Site Visit November 5, 2001 Staff Conducts Data Response/Issues Resolution Workshop November 6, 2001 Committee Issues Scheduling Order/Eligibility for Expedited Review November 15, 2001 Agency Comments Due November 26, 2001 Applicant Submits Data Responses November 30, 2001 Applicant Files Preliminary Determination of Compliance (PDOC) from the Bay Area Air Quality Management District (BAAQMD) Late-November/2001 (projected) Staff Releases Staff Assessment (SA) December 2001 Staff Conducts SA Workshop(s) December 2001 Staff Files Addendum to SA January 2002 Committee Conducts Prehearing Conference January 2002
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