STATE OF CALIFORNIA
Conservation and Development Commission
In the Matter of: ) Docket No. 01-AFC-12 ) Application for Certification ) APPLICATION COMPLETE of the LOS ESTEROS CRITICAL ENERGY ) SEPTEMBER 25, 2001 FACILITY (LOS ESTEROS) ) ____________________________________) I. NOTICE OF PREHEARING CONFERENCE
NOTICE IS HEREBY GIVEN that the Committee will conduct a public Prehearing Conference as follows:
MONDAY, FEBRUARY 25, 2002
Beginning at 9 a.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
At this event, all parties shall present their respective opinions concerning:
Interested agencies and members of the public are encouraged to attend and may comment at this Conference.
- substantive topic areas ready for formal evidentiary hearings;
- topic areas requiring further analysis, including the nature of, and timeframe for, any such analysis;
- topic areas the parties have reached agreement upon; and which remain subject to disagreement and require adjudication.
Purpose and Procedures
The Prehearing Conference is a public forum to assess the parties' readiness for evidentiary hearings. The parties will identify areas of agreement or dispute. Likewise, the parties are expected to discuss those procedures, which may tend to assist the Committee to conclude this licensing process as expeditiously as possible.
In addition to those matters mentioned above, the parties shall be prepared to discuss:
- resolution of pending motions before the Committee;
- future filing dates for testimony and other evidentiary documents;
- briefing and comment periods; and
- other related items, which the parties wish to bring to the attention of the Committee.
Prehearing Conference Statements
Each party shall serve and file a Prehearing Conference Statement. The Prehearing Conference Statement shall be identified with "Docket No. 01-AFC-12,"and must be received at the Energy Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, California 95814, no later than 3:00 p.m., on Friday, February 15, 2002.
Each Prehearing Conference Statement shall specify:
- the topic area(s) that a party believes are ready to proceed to evidentiary hearings;
- the topic area(s) that a party believes are not yet ready to proceed to evidentiary hearings,
- the reasons therefore; and
- an estimate as to when the topic will be ready for evidentiary hearings.
- whether or not a dispute requiring adjudication exists for any topic area;
- for topic areas that remain disputed, include a brief summary of the precise nature of the dispute;
- the identity and qualifications of each witness a party proposes to sponsor, and
- the topic area upon which each witness will testify;
- a summary of the testimony each witness is to offer;
- an estimate of the time required to present each witness' direct testimony;
- identification (by way of a Proposed Exhibit List) of any exhibits a party intends to offer as evidence; and
- any comments on the attached Committee Scheduling Order, to include knowledge of any scheduling conflicts, that may tend to extend the Committee's Schedule.
Petitions to Intervene to Become a Formal Party
Anyone with a legitimate interest relevant to the siting of the proposed project may file a Petition to Intervene and become a formal party to this proceeding. Party status confers the rights to:
Becoming an active intervenor or formal party herein also imposes certain duties. Parties are expected, for example, to comply with various orders, procedures, and filing requirements, which the Committee issues. Moreover, parties are subject to evidentiary rules such as discovery and cross-examination by other parties.
- present independent evidence,
- receive pertinent documents, and
- cross-examine witnesses.
Energy Commission regulations provide that a Petition to Intervene should be filed at least 30 days prior to the beginning of evidentiary hearings. [Cal. Code of Regs., tit. 20, § 1207(b).]
In this proceeding, the Committee directs that any Petition to Intervene must be filed on or before February 22, 2002. Typically, by the time the Committee schedules a Prehearing Conference, intervenors are not granted time extensions to review existing case materials since to do so could delay the proceeding.
The Public Adviser's Office
The Energy Commission, through its Public Adviser's office, will assist anyone interested in preparing a Petition to Intervene. Those desiring information or assistance concerning participation in these proceedings should contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or, toll free (800) 822-6228, or at: [firstname.lastname@example.org].
If you need assistance in order to participate, please contact Priscilla Ross in the Public Adviser's Office at (916) 653-6612, at least five days before the event. Media inquiries should be directed to Claudia Chandler, Assistant Executive Director, at (916) 654-4989.
Any technical questions should be directed to Robert Worl, Staff Project Manager, at (916) 651-8853 or, email: [email@example.com]. Questions of a legal or procedural nature should be addressed to Major Williams, Jr., the Hearing Officer, at (916) 651-2020, [firstname.lastname@example.org].
Information concerning the status of the project, as well as notices and other relevant documents for this proceeding, are also available on the Energy Commission's Internet home page at: [http://www.energy.ca.gov/sitingcases/losesteros/index.html].
Dated February 1, 2002 at Sacramento, California.
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
WILLIAM J. KEESE
Chairman and Presiding Member
Los Esteros AFC Committee
MICHAL C. MOORE
Commissioner and Associate Member
Los Esteros AFC Committee
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