[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission




In the Matter of:                         )   Docket No. 99-SIT-3
                                          )
Metcalf Energy Center                     )   NOTICE OF COMMISSION HEARING
[Calpine Corporation and                  )   --and-- COMMITTEE ORDER	
Bechtel Enterprises, Inc.]                )   (Cal. Code of Regs., title 20, section 1232(2))	
Petition for Jurisdictional Determination )
__________________________________________)


I. BACKGROUND

On February 17, 1999, Calpine Corporation and Bechtel Enterprises, Inc. (Petitioners) filed a "Petition for Jurisdictional Determination" requesting the Commission to determine whether their proposed 600 megawatt (MW) power plant project (Metcalf Energy Center) is exempt from the Notice of Intention (NOI) requirements of Public Resources Code section 25502. Petitioner asserts that their proposed natural gas-fired project meets the requirements of Public Resources Code section 25540.6. The project is a market-based response to the deregulation of the electricity market in California. Petitioners intend to sell all or a portion of the electricity generated by the Metcalf Energy Center into the competitive wholesale market, and eventually into the retail market.

II. NOTICE OF COMMISSION HEARING

NOTICE IS HEREBY GIVEN that the Commission will conduct a public hearing on this Petition at its regularly scheduled Business Meeting as follows:

WEDNESDAY, APRIL 14, 1999
Beginning at 10 a.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California
[Wheelchair Accessible]


III. COMMITTEE ORDER

In light of the Commission's Precedential Decision in the Blythe Energy matter, {In the Blythe Energy Decision, the Commission determined that the California Power Exchange (PX), which conducts competitive bidding for sales in the wholesale electricity market, may be viewed as a continuing series of solicitations and negotiations. (Docket No. 98-SIT-2; CEC Publication No. P800-98-004).} which addresses issues similar to the assertions contained in this Petition, the Energy Facility Siting Committee may review the Petition on the basis of sworn testimony, as well as other documentary evidence, and present its recommendations to the full Commission without the necessity of conducting a Committee hearing.

Petitioner filed an affidavit containing sworn responses to certain questions enumerated in the Blythe Energy Decision and asked of similarly situated Petitioners. (Petitioners' Answers to Questions Presented in the Blythe Decision). Petitioners' submittal of sworn testimony at this stage of the NOI exemption review is an acceptable approach to expedite the process. Although the Committee does not find it necessary to require further evidence at this time, the Committee may determine that additional information is required, and if so, the parties will be notified prior to the Commission hearing.

The Committee directs Commission staff to file a written statement discussing the matters raised in the Petition and to serve it upon the Proof of Service List and the Attachment A List, which includes interested parties, organizations, and businesses, no later than 5:00 p.m. on Wednesday, March 17, 1999. Identify all filings with "Docket No. 99-SIT-3." The Committee also advises any individual or entity intending to actively participate in this proceeding to file and serve a written statement explaining its position, in accordance with the above filing directions.

Based on the sworn testimony and other evidence submitted, the Committee will prepare a recommendation concerning disposition of the Petition for consideration by the full Commission at the April 14, 1999, hearing. The parties will have an opportunity to review and comment upon the Committee's recommendation prior to the hearing.

For information on how to participate at the hearing, contact Roberta Mendonca, the Commission's Public Adviser, at (916) 654-4489 or 800-822-6228 or email at: pao@energy.state.ca.us

If you have a disability and require reasonable accommodation to participate, contact Robert Sifuentes at (916) 654-5004 or email at: rsifuent@energy.state.ca.us

Media questions should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or email at: energia@energy.ca.gov

Procedural or legal questions may be directed to the Hearing Officer, Susan Gefter, at (916) 654-3893 or email at: sgefter@energy.state.ca.us

Date Place On-line: March 15, 1999 ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION
____________________________________ ____________________________________
ROBERT A. LAURIE DAVID A ROHY, Ph.D.
Commissioner and Presiding Member Vice Chair and Associate Member
Energy Facility Siting Committee Energy Facility Siting Committee





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