BEFORE THE STATE OF CALIFORNIA
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION

	
APPLICATION FOR CERTIFICATION         )     DOCKET NO. 01-AFC-6
OF THE                                )     DATA ADEQUATE
MAGNOLIA POWER PROJECT                )     SEPTEMBER 25, 2001
BY SOUTHERN CALIFORNIA                )
PUBLIC POWER AUTHORITY                )
______________________________________)

ORDER APPROVING STIPULATIONS TO REMOVE AFC
FROM SIX-MONTH PROCESS AND TO ADOPT TWELVE-MONTH SCHEDULE

Background

On September 25, 2001, the Energy Commission accepted this application for certification (AFC) under the six-month process established in Public Resources Code section 25550. On February 11, 2002, we issued a Revised Scheduling Order that extended the initial six-month schedule by ten weeks due to Applicant's delays in providing required information. Upon Applicant's request, we postponed the Prehearing Conference scheduled on March 11, 2002, and instead, we conducted a Scheduling Conference on that date. At the Scheduling Conference, the parties discussed further schedule delays and options for concluding the matter expeditiously.

Staff identified several issues that cannot be resolved until the Applicant provides specific information, including evidence of site control, the FDOC, and the draft revised NPDES permit. Applicant disputed the need for a draft revised NPDES permit prior to certification. Staff maintained that the draft revised permit or alternative wastewater disposal analyses are required before certification.

To facilitate the process, we indicated to the parties that we would rule in Staff's favor regarding the NPDES permit issue. We therefore encouraged the parties to propose a realistic schedule that would provide more flexibility in meeting schedule deadlines. On March 27, 2002, the parties submitted "Staff/Applicant Stipulations" to address the scheduling concerns.

Staff/Applicant Stipulations

Staff and Applicant stipulate that the AFC be removed from the six-month siting process and changed to the twelve-month process. They further stipulate that the "Proposed Schedule" attached to the Stipulation be approved as the project schedule for the remainder of the proceeding.

Committee Ruling

It is hereby Ordered that the March 27, 2002, Staff/Applicant Stipulations are approved:

• The AFC is removed from the six-month process and converted to a twelve-month schedule.
• Staff and Applicant's Proposed Schedule, as amended and attached hereto, is adopted as the Committee Schedule for the remainder of the proceeding.

Dated March 29, 2002, at Sacramento, California.

_______________________________
ROBERT A. LAURIE
Commissioner and Presiding Member
Magnolia AFC Committee

_______________________________
ARTHUR H. ROSENFELD
Commissioner and Associate Member
Magnolia AFC Committee

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TWELVE-MONTH SCHEDULE FOR MAGNOLIA PROJECT

"N"	April 15	Initial Critical Path Items Required from Applicant ** Supplement to AFC detailing Wastewater proposals Final Determination of Compliance (FDOC) Letter of Completeness for revised NPDES Permit Application from LARWQCB Will-Serve Letter from City of Burbank detailing sources, quantities and quality of water supply. Will-Serve Letter from Hyperion Treatment Plant Industrial Waste Discharge Permit Reqmts letter from Hyperion Treatment Plant. Any Other Critical Path Item Known to Applicant
N + 4	April 19	Parties file Status Reports #4
N + 15	May 1	Executed Land Lease Agreement
N + 20	May 5	Parties file Status Reports #5
N + 30	May 15	Last Data Requests
		Critical Path Item for subsequent events ** Draft NPDES Permit (60 days after Letter of Completeness from LARWQCB)
N + 45	May 30	Data Request Workshops (if necessary per Staff)
N + 50	June 4	Parties file Status Reports #6
N + 60	June 14	Data Responses filed
N+ 85	July 9	Parties file Status Reports #7
N + 91	July 15	Staff files and serves "Supplement to Staff Assessment"
N + 105	July 29	Staff Workshops on Supplement to Staff Assessment
N + 115	Aug 8	Staff Files and Serves "Comments on Supplement to Staff Assessment"
N + 116	August 9	Parties file Status Reports #8
		Committee Status Conference(s) / Pre-hearing Conference
		Committee Hearing Order Testimony Filed and Served
		Evidentiary Hearing (Possibly Preceded by Committee Status Conferences)
		Presiding Member's Proposed Decision (PMPD) Issued; Begin 30-day Public Comment Period
		Possible Hearing on FDOC and Final Agency Comments
		End of Public Comment Period on PMPD
		Decision on PMPD

** Schedule to be tolled day-for-day due to submittal slippage.

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