COMMITTEE ORDER GRANTING PETITION TO INTERVENE
[California Energy Commission Letterhead]


BEFORE THE ENERGY RESOURCES
CONSERVATION AND DEVELOPMENT
COMMISSION OF THE STATE OF CALIFORNIA


                                    )
   APPLICATION FOR CERTIFICATION    )      
   FOR THE LOS ESTEROS CRITICAL     )    Docket No. 03-AFC-2       
   ENERGY FACILITY 2, PHASE 1       ) 
                                    )
____________________________________)

COMMITTEE ORDER GRANTING PETITION TO INTERVENE

Upon consideration of the Petition1 to Intervene filed by the Petitioner, the Committee designated to conduct proceedings in this matter makes the following findings:

  1. On November 22, 2004, a Motion to Intervene With Financial Hardship in the above-captioned proceeding was filed by:

    Californians for Renerwable Energy, Inc. (CARE)
    Michael E. Boyd, President
    5439 Soquel Drive
    Soquel, CA 95073


  2. The Petition was not timely filed. The Notice of Prehearing Conference dated November 9, 2004, required all petitions to intervene be docketed prior to the November 22, 2004, Prehearing Conference. The Petition contains the information required by section 1207 of the Commissions regulations (Cal. Code of Regs., tit. 20, § 1207);


  3. The Applicant waived time to respond to said Petition; and objected orally to it at the Prehearing Conference on stated grounds. Staff did not object to the Petition. Both Staff and Petitioner requested that the granting of the Petition, if that be the Committees decision, not delay the hearings or the progress of the case. CARE was represented at the Prehearing Conference by Robert Sarvey, its Treasurer, and he presented argument in favor of granting the Petition.


  4. Petitioner's interests are marginally relevant to the above-captioned proceeding.


  5. The Committee waives the late filing of the Petition.


  6. Granting of the Petition will not delay the Evidentiary Hearing being scheduled for December 6, 2004. Based on the representation by Robert Sarvey, CARE will be prepared for cross-examination of Applicant and Staff witnesses by December 6, 2004.


  7. The Petition does not support the granting of a financial hardship. THEREFORE, the Committee Orders that the Petition to Intervene in this matter be GRANTED upon the conditions stated herein and that Petitioner be placed upon the Proof of Service List as an Intervenor. Petitioners request for hardship status is denied. Petitioner may exercise the rights and shall fulfill the obligations of a party as set forth in Section 1712 of the Commission's regulations. (Cal. Code of Regs., tit. 20, § 1712.) Granting of this Petition is on the condition that Petitioner accepts the case as he finds it, that is, that no delay in the scheduling or completion of evidentiary hearing or preparation of the Presiding Members Proposed Decision will occur and that the time requirements contained in the Notice of Evidentiary Hearing will be honored by Petitioner.


Further, the Executive Director or his designee shall ensure that Petitioner is immediately provided with a copy of the Application for Certification.

Dated on November 23, 2004, in Sacramento, California.



___________/ signed /___________
WILLIAM J. KEESE
Chairman and Presiding Member
Los Esteros 2 Committee

___________/ signed /___________
JACKALYNE PFANNENSTIEL
Commissioner and Associate Member
Los Esteros 2 Committee


1 The document docketed by CARE is entitled a "Motion." It is, however, the functional equivalent of a Petition and will be treated as such for all purposes herein, even though CARE should be well aware of the format for documents submitted to the California Energy Commission.


Mailed to lists: 7189, 7190, 7191.




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