Prehearing Conference and Committee Scheduling Order
[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

In the Matter of:                   )      Docket No. 01-AFC-6
Application for Certification       )      APPLICATION ACCEPTED
POWER AUTHORITY                     )


NOTICE IS HEREBY GIVEN that the Committee will conduct a public Site Visit of the proposed site followed by a Prehearing Conference as scheduled below:

Site Visit begins at 1 p.m.
Prehearing Conference begins at 1:30 p.m.

Burbank Water and Power
Administration Building
164 West Magnolia Blvd.
Burbank, California 91502
(See Attached Map)
[Wheelchair Accessible]

PLEASE ALSO TAKE NOTICE that the Committee has established the following schedule:

Item Date
Last day to file Petitions to Intervene October 23, 2002
Prehearing Conference Statements due October 23, 2002

Purpose of Prehearing Conference

The Prehearing Conference is a public forum where the Committee will assess the parties' readiness for evidentiary hearings, identify areas of agreement or dispute, and discuss the remaining schedule and procedures necessary to conclude the certification process. (Cal. Code of Regs., Tit. 20, § 1718.5.)

At this event, all parties (Staff, Applicant, and Intervenors) shall present their respective positions regarding: the substantive topic areas ready for evidentiary hearings; those that require further analysis, including the nature of, and timeframe for, any such analysis; the topic areas that have been resolved; and those topic areas that are disputed and require adjudication. The parties shall also identify proposed witnesses, as well as the time required for direct testimony and/or cross-examination.

Local, state, and federal governmental agencies may participate as necessary. (Cal. Code of Regs., Tit. 20, § 1714.5.)

Prehearing Conference Statements

To facilitate the process, each party shall serve and file a Prehearing Conference Statement. The statements shall be received by the other parties and the Energy Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512, no later than 3:00 p.m. on Wednesday, October 23, 2002. Identify these statements with "Docket No. 01-AFC-6." In addition, copies of the statements shall be emailed to all the parties and to the Hearing Officer no later than the time and date noted above.

Each statement shall specify:

  1. The topic areas that are complete and ready to proceed to evidentiary hearings;
  2. The topic areas that are not complete and not yet ready to proceed to evidentiary hearings, and the reasons therefor;
  3. The topic areas that remain disputed and require adjudication, and the precise nature of the dispute for each topic;
  4. The identity of each witness sponsored by each party, the topic area(s) that each witness will present; a brief summary of the testimony to be offered by each witness; qualifications of each witness; and the time required to present direct testimony by each witness;
  5. Topic areas upon which a party desires to cross-examine witness(es), a summary of the scope of such cross-examination, and the time desired for such cross-examination;
  6. A list identifying exhibits and declarations that each party intends to offer into evidence and the technical topics to which they apply; and
  7. A proposed schedule for the remainder of this proceeding.
Exhibits and written testimony for topics that are not contested and for which there is agreement on the Conditions of Certification may be submitted into the evidentiary record by declaration or affidavit upon stipulation of the parties.

Petitions to Intervene

The Decision on the Magnolia Power Project will be based on the official record developed at evidentiary hearings. Only formal parties may present testimony, cross-examine witnesses, or offer documentary evidence at the hearings.

Anyone with a legitimate interest in the siting of the proposed project may file a Petition to Intervene and become a formal party to the proceeding. A formal party may offer testimony and documentary evidence, receive documents filed by other parties, and cross-examine witnesses. However, a formal party must also comply with Committee orders, procedures, and filing requirements, and is subject to discovery and having its own witnesses cross-examined by other parties.

Petitions to Intervene in this case shall be filed no later than 3:00 p.m. on October 23, 2002. Typically, time extensions for new Intervenors to review existing case materials are not granted after the date of the Notice of Prehearing Conference (in this case October 8, 2002) since to do so could delay the proceeding.

How to Intervene

The Energy Commission's Public Adviser will assist any person or organization interested in preparing a Petition to Intervene. Those desiring information or assistance in filing a Petition to Intervene may contact Roberta Mendonca, the Public Adviser, at 916-654-4489 or 800-822-6228 or email at: [].

Public Participation

Members of the general public are welcome to attend and provide public comment at the Prehearing Conference. It is not necessary to become an Intervenor to participate in the public process. Please contact the Public Adviser as indicated above for further information on how to participate.

Additional Information

For technical questions about the project, contact James Reede, the Commission's Project Manager, at (916) 653-1245 or email: []

Questions of a legal or procedural nature should be directed to Susan Gefter, the Hearing Officer, at (916) 654-3893 or email: []

If you have a disability and need assistance to participate in this event, contact Lourdes Quiroz at 916-654-5146 or e-mail at: [].

Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications, at (916) 654-4989 or email: []

Notices and other documents concerning this proceeding are posted on the Energy Commission's web site at: []

Dated October 8, 2002, at Sacramento, California.

Commissioner and Presiding Member
Magnolia AFC Committee

Commissioner and Associate Member
Magnolia AFC Committee

1The Prehearing Conference originally scheduled in March 2002 was cancelled.

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