Committee Ruling on Expedited Review and Scheduling Order
[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission




                                      )
APPLICATION FOR CERTIFICATION OF THE  )        DOCKET NO. 01-AFC-12
LOS ESTEROS CRITICAL ENERGY           )        APPLICATION COMPLETE 
FACILITY (LOS ESTEROS)                )        SEPTEMBER 25, 2001
______________________________________)

 

COMMITTEE RULING ESTABLISHING BRIEFING SCHEDULE ON THE CITY
OF MILPITAS PETITION TO REMOVE THE PROJECT
FROM THE FOUR MONTH PROCESS


On November 26, 2001, Intervenor City of Milpitas (City) filed with the Energy Commission a "Petition for Removal of the Los Esteros Critical Energy Facility from the Four-Month Expedited Process" (Petition). The City's Petition is based on the contention that Los Esteros will have a significant impact on Visual Resources and is therefore ineligible for the four-month process set forth in Public Resources Code section 25552.1

The Committee hereby invites all parties to file response briefs to the City's Petition no later than December 10, 2001. The City may file any reply brief no later than December 17, 2001. After consideration of the briefs and the relevant evidence in this proceeding, the Committee will issue a Final Committee Ruling on the proposed project's eligibility for the four-month process.

Dated November 28, 2001, at Sacramento, California.



WILLIAM J. KEESE
Commissioner and Presiding Member
Los Esteros AFC Committee



MICHAL C. MOORE
Commissioner and Associate Member
Los Esteros AFC Committee


1Section 25552 (a) directs the Commission to implement a procedure for a four-month process to certify simple-cycle thermal power plants and related facilities that can be put into service on or before December 31, 2002. The Petition relies on the procedures set forth in the Commission's emergency regulations for the six-month process. (See, Cal. Code Regs., tit. 20, § 2028.) We decline the City's invitation to adopt these regulations to Los Esteros.



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