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
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 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.
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
TWELVE-MONTH SCHEDULE FOR MAGNOLIA PROJECT
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
Parties file Status Reports #4
N + 15
Executed Land Lease Agreement
N + 20
Parties file Status Reports #5
N + 30
Last Data Requests
- Critical Path Item for subsequent events **
- Draft NPDES Permit (60 days after Letter of Completeness from LARWQCB)
N + 45
Data Request Workshops (if necessary per Staff)
N + 50
Parties file Status Reports #6
N + 60
Data Responses filed
Parties file Status Reports #7
N + 91
Staff files and serves "Supplement to Staff Assessment"
N + 105
Staff Workshops on Supplement to Staff Assessment
N + 115
Staff Files and Serves "Comments on Supplement to Staff Assessment"
N + 116
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.