STATE OF CALIFORNIA
BEFORE THE ENERGY RESOURCES
CONSERVATION AND DEVELOPMENT
) APPLICATION FOR CERTIFICATION ) FOR THE LOS ESTEROS CRITICAL ) Docket No. 03-AFC-2 ENERGY FACILITY 2, PHASE 1 ) ) ____________________________________)
I. NOTICE OF EVIDENTIARY HEARING
NOTICE IS HEREBY GIVEN that the Committee will conduct a public Evidentiary Hearing in this case as follows:
THURSDAY, June 30, 2005
Beginning at 9:00 a.m.
California Energy Commission
1516 9th Street
Hearing Room A
Sacramento, California 95814
This Hearing may be continued to July 20th, 2005 if necessary.
This event is open to the public; interested individuals and governmental agencies are encouraged to attend. You may also participate via teleconference. To use this method call: 1-888-425-9978. The pass-code is Los Esteros and the conference leader is Gary Fay.
II. STATEMENTS and TESTIMONY
Circumstances dictate we conduct this Hearing without benefit of a Prehearing Conference. We anticipate much of the evidence will be undisputed and submitted by declaration without the presence of sponsoring witnesses.
To ensure, however, that needed witnesses are present, each party is directed to contact every other party, including Intervenors, to determine upon which topics an opposing party may wish to cross-examine. Each party shall then ensure that appropriate witnesses desired by another party for cross-examination are present at the hearing. A party may also present such additional witnesses as it desires.
In an Evidentiary Hearing Statement, each party shall disclose its contacts with other parties made in this regard, as well as the identities and qualifications of witnesses to be presented both in response to requests to cross-examine and as sponsors of direct testimony. Each party shall also specifically define any matter in dispute as part of its Statement, and identify which witnesses will present evidence on disputed matters. The Statements shall further specify the extent to which evidence submitted and considered in previous Commission Decisions on the Los Esteros cases may be incorporated by reference.
These Statements, and a party’s prepared testimony and exhibits, shall be served on all parties to this proceeding and the Commission’s Docket Unit, MS-4, 1516 9th Street, Sacramento, California, 95814, no later than 3:00 PM on THURSDAY, JUNE 23, 2005. Identify all documents with “Docket No. 03-AFC-02.”
III. 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. Parties proposing to present oral testimony by sponsoring a witness must also provide a written version of that witness’ testimony as well as the witness’ qualifications to testify on the appropriate subject matter. In either instance, the testimony and any accompanying exhibits which have not previously been filed must be served upon all parties as directed above.
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. If use of the typical direct/cross examination format appears to be too cumbersome or otherwise unwarranted, the Committee may exercise its discretion to have evidence presented in a less formal panel and/or discussion format.
Parties intending to offer documentary exhibits as evidence (other than the Staff Assessment, the Application for Certification document, portions of either, or documents which have been previously docketed and served) shall also include a copy of such materials with their prefiled testimony. This includes documents for which a party desires Official Notice be taken. If appropriate, parties shall specify the withdrawal/substitution of previously identified witnesses.
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.
The Commission’s Public Adviser, Margret Kim, is available to provide information or to assist those interested in participating in this hearing. The Public Adviser can be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail:.
The period for timely intervention has lapsed. For further information contact Margret Kim, the Public Adviser as indicated above.
As stated previously, members of the general public are welcome to attend and provide public comment at the Evidentiary Hearing. It is not necessary to intervene to participate.
C. Additional Information
If you have a disability and need assistance in order to participate, contact Ms. Kim at (916) 654-4489 or (800) 822-6228, or email:, at least 5 days prior to the proceeding.
Technical questions concerning the project should be addressed to Bob Eller, the Commission Staff's Project Manager, at 916-651-8835 or email at:.
Questions of a legal or procedural nature should be directed to Gary Fay, the Committee's Hearing Officer, at 916-654-3893.
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications, at 916-654-4989 or email at:.
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:
Dated ____________________ at Sacramento, California.
_____/ original signed /_____
_____/ original signed /_____
Mailed to Lists 7189, 7190, 7191