Committee Briefing Schedule
[California Energy Commission Letterhead]


ENERGY FACILITY PHASE 2             )         MARCH 17, 2004
      (LOS ESTEROS 2)               )      NOTICE OF PREHEARING
                                    )      CONFERENCE


NOTICE IS HEREBY GIVEN that the Committee will conduct a public Prehearing Conference as follows:

MONDAY, November 22, 2004
Beginning at 1:00 p.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California
[Wheelchair Accessible]

At this event, all parties shall present their respective opinions concerning: which substantive topic areas are ready for formal evidentiary hearings; which require further analysis, including the nature of, and timeframe for, any such analysis; which topic areas the parties have reached agreement upon; and which remain subject to disagreement and require adjudication.

This prehearing conference will only concern Phase 1 of the Los Esteros Critical Energy Facility (LECEF 2). This Phase 1 is the recertification of the operating simple-cycle project. Phase 2, to be heard at a later date, concerns the conversion of the existing simple-cycle project to a combined-cycle operation.

Interested agencies and members of the public are encouraged to attend and may comment at this Conference.

Purposes and Procedures

The Prehearing Conference is a public forum to assess the parties' readiness for evidentiary hearings, to identify areas of agreement or dispute, and to discuss procedures which will assist the Committee in concluding this recertification process according to the schedule issued by the Committee on May 21, 2004. In this regard, the parties shall be prepared to discuss the matters mentioned above as well as future filing dates for testimony and other evidentiary documents, briefing and comment periods, and other related items reflected on the Committee's May 21 schedule.

Prehearing Conference Statements

Each party shall serve and file a Prehearing Conference Statement. These Statements must be received at the Commission Docket Unit, 1516 Ninth Street, MS-4, Sacramento, California 95814, no later than 5:00 p.m., on Wednesday, November 17, 2004. Identify these Statements with "Docket No. 03-AFC-2."

Each Statement shall specify:

  • the topic areas which a party believes are ready to proceed to evidentiary hearings;

  • the topic areas which a party believes are not yet ready to proceed to evidentiary hearings and the reasons therefore;

  • whether or not a dispute requiring adjudication exists for any topic area; for topic areas which remain disputed, include a brief summary of the precise nature of the dispute;

  • the identity of the witness(es) a party proposes to sponsor, the topic area upon which the witness(es) will testify, a brief summary of the testimony to be offered and of the witness(es) qualifications, and the time required to present direct testimony and/or whether or not such testimony may be submitted by stipulation, subject to the rights of other parties and/or interested members of the public or governmental agencies to cross-examine or ask questions;

  • any exhibits a party intends to offer as evidence; and

  • an outline of the substantive contents of a decision or the recertification of LECEF 2 Phase 1; and

  • a proposed schedule for the balance of this recertification proceeding.

Interested members of the public or governmental agencies may comment at the Prehearing Conference.

Petitions to Intervene to Become a Formal Party

Anyone with a legitimate interest relevant to the recertification of the project may file a Petition to Intervene and become a formal party to the proceeding. Party status provides the rights to present independent evidence, receive pertinent documents, and cross-examine witnesses; it also imposes the duties to comply with various orders, procedures, and filing requirements, as well as having any witnesses presented be subject to cross-examination by other parties.

The Public Adviser's Office will assist anyone interested in preparing a Petition to Intervene. Commission regulations provide that a Petition to Intervene should be filed at least 30 days prior to the beginning of evidentiary hearings. [20 Cal. Code of Regs., sec. 1207(b)]. In this instance the Committee directs that any Petition to Intervene should be filed prior to the November 22, 2004, Prehearing Conference. 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.

Further Information

Those desiring information or assistance concerning participation in these proceedings should contact Margret Kim, the Public Adviser, at (916) 654-4489 or, toll free, (800) 822-6228, or at [].

Robert Worl, the Staff Project Manager, will respond to technical inquiries and may be reached at (916) 651-8853 or email: []. Questions of a legal or procedural nature should be addressed to Ed Bouillon, the Hearing Officer, at (916) 654-3893 or email: [].

Contact Lourdes Quiroz at (916) 654-5146 or email at [] If you require special accommodation to participate at this meeting. Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications, at (916) 654-4989 or email: [].

Information 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: [].

Dated at Sacramento, California, on November 9, 2004.

___________/ signed /___________
Chairman and Presiding Member
Los Esteros 2 AFC Committee

___________/ signed /___________
Commissioner and Associate Member
Los Esteros 2 AFC Committee

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