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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, PHASE 2         )    
   (LOS ESTEROS 2)                  )    (Revised 7/29/05)
____________________________________)   

COMMITTEE ORDER RE: STAFF'S REQUEST FOR HEARING
-and-
NOTICE OF HEARING


A. Background

On May 26, 2006, Energy Commission staff (Staff) filed its Motion for Override of LORS Noncompliance (Motion). The Motion details the nature of the noncompliance of the Los Esteros Phase 2 Project (Project) with a zoning permit issued by the City of San Jose (City). The Motion states that, notwithstanding Staff's efforts to meet and consult with the City in an attempt to eliminate the noncompliance, Staff and the City have reached an impasse. Staff therefore requests a Committee hearing to present additional evidence and legal argument in support of "override" findings, which the Commission can make pursuant to Public Resources Code 25525. This Order grants Staff's request for hearing.

B. Notice

NOTICE IS HEREBY GIVEN that the Committee will conduct a public Evidentiary Hearing in this case as follows:

WEDNESDAY, June 28, 2006
Beginning at 9:00 a.m.
California Energy Commission
1516 9th Street
Hearing Room A
Sacramento, California 95814
(Wheelchair Accessible)


1 Public Resources Code section 25525 states that the Commission may not certify a power plant in the face of nonconforming applicable laws, ordinances, regulations, and standards (LORS) unless the Commission finds that the plant is required for "public convenience and necessity" and "that there are not more prudent and feasible means of achieving public convenience and necessity".


The purpose of the evidentiary hearing is to hear comment and legal argument from the parties and involved public agencies regarding the appropriate legal and conceptual criteria for the Commission to apply in considering an "override" of local land use requirements. The formal parties in the case may also present additional evidence relevant to potential "override" findings pursuant to Public Resources Code section 25525. Testimony from all parties seeking to introduce additional evidence as well as comments from non parties who intend to appear at the hearing must be filed with the Commission's Docket Unit and served on all parties listed on the attached Proof of Service list no later that close of business, Thursday, June 22, 2006. In addition to service by U.S. Mail, all participants must email their comments and/or copies of testimony to email addresses on the Proof of Service list by the deadline noted.

C. 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: [pao@energy.state.ca.us].

The period for timely intervention has lapsed. For further information contact Margret Kim, the Public Adviser as indicated above.

D. 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: [pao@energy.state.ca.us], at least 5 days prior to the proceeding.

Technical questions concerning the project should be addressed to Bob Worl, the Commission Staff's Project Manager, at 916-651-8853 or email at: [rworl@energy.state.ca.us].

Questions of a legal or procedural nature should be directed to Gary Fay, the Committee's Hearing Officer, at 916-654-3893.

Dated June 9, 2006, at Sacramento, California.



_________/S/________
JACKALYNE PFANNENSTIEL
Commissioner and Presiding Member
Los Esteros Critical Energy Facility, Phase 2

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