STATE OF CALIFORNIA
Energy Resources Conservation
and Development Commission
In the Matter of: ) Docket No. 99-AFC-3 ) Application for Certification for the ) RULING re CARE MOTION Metcalf Energy Center [Calpine ) for RECONSIDERATION Corporation and Bechtel Enterprises, Inc.] ) ____________________________________________) I. BACKGROUND
On August 30, 2000, Intervenor Californians for Renewable Energy (CARE) filed a "Motion to Call Hearing on the Public Participation Process Pursuant to CEQA." We denied that motion in a September 13, 2000 Ruling.
On September 26, 2000, CARE filed a "Motion for Reconsideration of, or a Second Motion for, a Workshop on Public Participation on the MEC" (Motion for Reconsideration). CARE characterizes this submittal as "...either a motion for reconsideration or another motion to conduct the workshop previously requested." (Motion for Reconsideration, p. 1.)
CARE alleges the existence of "numerous additional or new facts" (Id.), as well as incompatibility between the Warren-Alquist Act and the California Environmental Quality Act (Id., p. 3), in support of its Motion for Reconsideration. We are not persuaded to reconsider our prior Ruling by the matters characterized as "additional" or "new". Moreover, we simply cannot effectuate the legislative remedies apparently desired by CARE.
Finally, we note that section 1215 (b) of our regulations [Cal. Code of Regs., title 20, §1215 (b)] specifies that "[a]ny party may petition the full Commission to review any order [or ruling]" issued by a Committee during the course of a proceeding. Such a petition must, however, be filed within ten days of the date the order or ruling is issued.
We therefore further conclude that CARE's Motion for Reconsideration (September 26, 2000) was untimely filed in the event the relief it seeks is review of our September 13, 2000 Ruling by the full Commission.
We deny CARE's "Motion for Reconsideration of, or a Second Motion for, a Workshop on Public Participation on the MEC."
Date On-line: October 13, 2000
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
ROBERT A. LAURIE, Commissioner
Metcalf AFC Committee
WILLIAM J. KEESE, Chairman
Metcalf AFC Committee
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