Los Esteros Energy Facility - Notice
[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

_________________________________________ )  


By a concurrent Order dated April 25, 2002, the Committee has converted the AFC review process in this matter from the four-month process established in Public Resources Code section 25552 to the 12-month process set forth in Public Resources Code section 25540.6.

We find the evidentiary record, as submitted by the parties, is insufficient to conclude that the proposed project (under either review process) conforms with all applicable Laws, Ordinances, Regulations, and Standards (LORS). We, therefore, reopen the record to take additional evidence regarding (1) the expedited construction schedule and its impacts on Air Quality; Public Health; Noise; and Traffic and Transportation; (2) Transmission System Engineering; and (3) necessary mitigation plans in the areas of Biological Resources and Visual Resources1.


The Los Esteros AFC Committee will conduct formal evidentiary hearings as follows:

MONDAY, MAY 20, 2002
Beginning at 9 a.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California
[Wheelchair Accessible]

Teleconference: Interested governmental agencies and members of the public are invited to participate either in person or via teleconference. For the convenience of those who cannot travel to Sacramento, you may call the following:

Toll Free Number: 1-888-970-4133
Conference Leader: Major Williams
Passcode: Los Esteros

At this hearing, each party (including Applicant, Staff, and Intervenors) shall present evidence consisting of sworn testimony and exhibits on each topic area listed above in Section I on which the party has an interest. Presentations shall follow the order shown in the Hearing Order set forth below in Section III.

A. Formal Evidentiary Hearing Procedures

The purpose of evidentiary hearings is to establish the factual record necessary for the Energy Commission to reach a decision on the proposed project. The record is developed by the presentation of oral and written testimony, as well as documentary evidence submitted by the parties. Evidentiary hearings are more structured than the informal workshops and Committee Conferences. The rules of evidence pertaining to these hearings may be found at Sections 1212-1213 of the Energy Commission's regulations. [Cal. Code of Regs., tit. 20, §§ 1212, 1213; see also, § 1702 (h).]2

The parties will present evidence in the form of sworn, oral testimony or written declarations in any technical areas of interest as set forth below in section III, Hearing Order and Schedule. If warranted, multiple witnesses may testify as a panel, and any relevant exhibits may be offered into evidence by the sponsoring panel member(s). Any witness offering oral testimony sponsored by a party shall testify under oath or affirmation. Any party sponsoring a witness shall briefly establish the witness's qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. At the conclusion of direct testimony, the Committee will provide all other parties an opportunity for cross-examination, followed by redirect and re-cross-examination of the witnesses, as appropriate.

Declarations and written testimony shall be served on the parties and filed with the Energy Commission's Docket Unit by 3:00 p.m. on Friday, May 10, 2002. All Declarations shall be filed under penalty of perjury, shall incorporate previously filed documentary materials by reference, and shall briefly establish the witness' qualifications.

Applicant has the burden of presenting sufficient substantial evidence to support the findings and conclusions required for certification of the site and related facilities. [Cal. Code of Regs., tit. 20, § 1748 (e).]

B. Public Participation

Members of the public and interested governmental agencies are invited to attend this hearing 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.

C. Public Adviser

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 by phone at (916) 654-4489 or, toll free, at 800-822-6228; or by email at: [pao@energy.state.ca.us].

D. Further Information

If you require special accommodation to participate in this hearing, please contact Betty LaFranchi at (916) 654-5204 or at [blafranc@energy.state.ca.us]. News media should direct inquiries to Claudia Chandler at (916) 654-4989. The public may contact Robert Worl, Staff Project Manager, with any technical questions at (916) 651-8853, at 653-0062, or at [bworl@energy.state.ca.us]. Questions of a legal or procedural nature should be addressed to Major Williams, Jr., the Hearing Officer, at (916) 651-2020 or at [mwilliam@energy.state.ca.us]. Information concerning the status of the project, as well as notices and other relevant documents, can be viewed on the Energy Commission's Internet home page at: [http://www.energy.ca.gov/sitingcases/losesteros/index.html].


The following filing and project schedule shall apply.

Friday, MAY 10, 2002 Applicant files sworn, written testimony in the areas of:
  1. Air Quality (24-hour construction impacts).
  2. Public Health (24-hour construction impacts).
  3. Noise (24-hour construction impacts).
  4. Traffic and Transportation (24-hour construction impacts).
  5. Transmission System Engineering (see concurrent Order converting the project to a 12-month schedule).
  6. Biological Resources (see concurrent Order converting the project to a 12-month schedule).
  7. Visual Resources (see concurrent Order converting the project to a 12-month schedule).
Friday, May 10, 2002 Staff files an Analysis discussing impacts arising from 24-hour construction
Monday, MAY 20, 2002 Evidentiary Hearing
Early JUNE 2002 Committee releases PMPD.

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 3:00 p.m. on the dates indicated. Identify all documents with "Docket No. 01-AFC-12"

Dated April 25, 2002, in Sacramento, California.

Chairman and Presiding Member
Los Esteros AFC Committee

Commissioner and Associate Member
Los Esteros AFC Committee

1 See our concurrent Order to Remove the proposed project from the four-month process and to adopt a 12-month process for a discussion of the issues to be addressed for the identified topics.

2 The regulations may be viewed on the Energy CommissionŐs Internet website at: [ http://www.energy.ca.gov/siting/title20/tofc.html].

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