STATE OF CALIFORNIA
Conservation and Development Commission
In the Matter of: ) Docket No. 01-AFC-6 ) Application for Certification ) APPLICATION ACCEPTED of the MAGNOLIA POWER PROJECT ) BY SOUTHERN CALIFORNIA PUBLIC ) SEPTEMBER 25, 2001 POWER AUTHORITY ) ____________________________________)
Committee Scheduling Order
On September 25, 2001, the Energy Commission found the application was eligible for the expedited six-month review process established by Public Resources Code section 25550. The Commission designated this Committee of two Commissioners to conduct proceedings. We scheduled a public informational hearing on October 29, 2001, to discuss the six-month schedule and other issues of concern.
At the informational hearing, Energy Commission staff proposed a six-month schedule. Applicant agreed with the schedule proposal and had no objection to slippage of the schedule, if necessary, to provide the required information. We have based the following Scheduling Order on Staff's proposed six-month schedule and related discussion at the hearing.
The Committee schedule contains an initial list of events that must occur in order to complete certification review in six months. The initial schedule covers the period up to the Prehearing Conference. The balance of the schedule will be determined at the Prehearing Conference.
Several deadlines are contingent upon reviews to be conducted by federal, state, and local agencies. Applicant shall provide sufficient review time for the responsible agencies to meet the deadlines specified in Public Resources Code section 25550(d) and Section 2026 of the Commission's regulations. (Tit. 20, Cal. Code Regs., ¤ 2026.)
We may modify the schedule at any time upon either our own motion or that of a party. [Tit. 20, Cal. Code Regs., ¤ 1709(c)]. The schedule requires periodic status reports to determine whether case development is progressing satisfactorily, and to bring potential schedule delays or other relevant matters to our attention. If Applicant does not provide necessary information by the dates set forth in the schedule, we will adopt a performance approach that would result in a commensurate slip in the balance of the schedule and/or a determination that the proceeding shall not continue under Public Resources Code section 25550.1
1See Public Resources section 25550(c) and section 2028 of the Commission's regulations.
DATE EVENT 5/14/01 Application filed 9/25/01 Application data adequate 10/4/01 Staff files data requests 10/29/01 Informational hearing and site visit 11/5/01 Applicant files data responses 11/13/01 Staff files second set of data requests mid-Nov 01 Data response and issue resolution workshop mid-Nov 01 Applicant submits complete emission offsets package and evidence of BACT compliance 11/20/01 Parties file status reports #1 11/26/01 Applicant submits PDOC 11/26/01 Applicant files local, state, and federal agency draft comments and determinations 11/26/01 Applicant files data responses to second set of data requests 11/26/01 Applicant files current demographic data to complete environmental justice analysis 11/26/01 Applicant files complete information on use of reclaimed water, backup plan to obtain waterwhen reclaimed is not available, and wastewater discharge proposal, including the zero liquid discharge alternative 12/10/01 Initial Staff Report filed [Regs. Section 2027(a)] mid-Dec 01 Workshop on Initial Staff Report 12/21/01 Parties file status reports #2 1/10/02 Applicant files complete local, state, and federal agency comments and determinations 1/10/02 Applicant submits FDOC 1/14/01 Parties file status reports #3 1/15/02 Last date to intervene 1/25/02 Final Staff Report filed [Regs. Section 2027(b)] Late Jan 02 Prehearing Conference
2Where it would be speculative to establish specific dates, deadlines are targeted within 10-day increments: early in the month (days 1-10), middle (days 11-20), and late (days 21-31).
According to Staff's proposed six-month schedule, the Commission would consider the Committee's Proposed Decision on March 25, 2002. If Applicant provides the required information in a timely manner, it is feasible to conclude the proceeding in late March 2002. We will establish hearing dates based on the parties' progress in meeting the milestones set forth in the Scheduling Order. At this time, it is premature to schedule events beyond the Prehearing Conference.
Dated November 1, 2001, at Sacramento, California.
Original Signed By
ROBERT A. LAURIE
Commissioner and Presiding Member
Magnolia AFC Committee
Original Signed By
ARTHUR H. ROSENFELD
Commissioner and Associate Member
Magnolia AFC Committee
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