I. NOTICE OF EVIDENTIARY HEARING
NOTICE IS HEREBY GIVEN that the Committee will conduct public Evidentiary Hearings in this case as follows:
MONDAY, December 6, 2004
Beginning at 10:00 a.m.
California Energy Commission
1516 9th Street
Hearing Room A
Based upon discussions at the November 22, 2004, Prehearing Conference, the Committee has divided the topic areas into two categories. At the Evidentiary Hearings, evidence will be taken from Staff and Applicant by sworn declaration on all topic areas. In addition, Applicant's testimony on Project Description will be sponsored by a witness who will appear and testify. Staff and Applicant shall also have sponsoring witnesses present for cross-examination in the topic areas of Air Quality, Environmental Justice and Energy Resources. These evidentiary hearings are open to the public; interested individuals and governmental agencies are encouraged to attend.
II. EVIDENTIARY HEARING
A. Formal Evidentiary Hearing Procedures
The purpose of formal evidentiary hearings is to establish the factual record necessary to reach a decision in this case. This is done through the taking of written and/or oral testimony, as well as exhibits from the parties.
Testimony may be presented in the form of a written declaration/affidavit or orally. Declarations/affidavits will suffice only for those topic areas which are undisputed and for which the Committee finds the information adequate. In addition, as orally noticed at the Prehearing Conference, all written testimony must be docketed and served on all parties no later than 3:00 p.m. on November 23, 2004. Parties proposing to present oral testimony by sponsoring a witness must also provide a written version of that witness' testimony and insure that the witness' qualifications to testify on the appropriate subject matter have been provided to the parties or, if not previously provided, are attached to the witnesses' testimony. That written version, with proposed exhibits, must be docketed and served on all parties no later than 3:00 p.m. on November 23, 2004.
Declarations/affidavits on uncontested areas will be received into the record upon motion by the sponsoring party. Oral testimony will be presented under oath or affirmation. A party presenting oral testimony shall have its witness briefly establish the witness' qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness' direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate.
Parties intending to offer documentary exhibits as evidence (other than the Application or Final Staff Assessment for Phase 1, or portions of either, or documents which have been previously docketed and served) shall also include a copy of such materials with their prefiled testimony. If appropriate, parties shall specify the withdrawal/substitution of previously identified witnesses in their respective filings. The Committee may limit the time available for direct and cross examination to accommodate the available hearing date. CARE will be allowed a maximum cross-examination time in the three areas of Air Quality, Environmental Justice and Energy Resources of one hour, broken down into those segments as specified in its Prehearing Conference Statement, unless good cause is shown for an extension thereof.
FAILURE TO PRESENT WITNESSES AS SCHEDULED, OR TO CROSS-EXAMINE ON THE TOPICS AS SCHEDULED, CAN CONSTITUTE A WAIVER OF THESE RIGHTS.
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 the Committee may rely on them 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 any issue. It is not necessary to become an Intervenor to participate in the public process. Please contact the Public Adviser as indicated below for further information on how to participate.
The Commission's Public Adviser, Margret Kim, is available to provide information or to assist those interested in participating at this hearing. She may be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail: [email@example.com].
III. HEARING ORDER
The following filing schedule shall apply for the Evidentiary Hearing.
Submittals shall be served upon all parties to this proceeding and the Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received by the Docket Unit and by all others specified on the Proof of Service List no later than 3:00 p.m. on November 23, 2004. Electronic copies shall suffice to meet deadlines for this filing requirement. However, hardcopies must be sent as well. Identify all documents with "Docket No. 03-AFC-2."
Technical questions concerning the project should be addressed to Robert Worl, the Commission Staff's Project Manager, at 916-651-8853 or email at: firstname.lastname@example.org .
Questions of a legal or procedural nature should be directed to Ed Bouillon, the Committee's Hearing Officer, at 916-651-2020, or email 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 email at: firstname.lastname@example.org .
If you have a disability and need assistance to participate in this event, contact Lourdes Quiroz at 916-654-5146 or e-mail at: email@example.com .
Information concerning the status of the project, as well as notices and other relevant documents, is available on the Energy Commission's Internet webpage at: [www.energy.ca.gov/sitingcases/losesteros2/index.htm].
Dated November 23, 2004 at Sacramento, California.
___________/ signed /___________
WILLIAM J. KEESE
Chairman and Presiding Member
Los Esteros 2 Committee
___________/ signed /___________
Commissioner and Associate Member
Los Esteros 2 Committee
Mailed to lists: 7189, 7190, 7191.