[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission



 				



In the Matter of:                         )     Docket No. 99-AFC-3
                                          )
Application for Certification for the     )     DISPOSITION of PUBLIC RECORDS
METCALF ENERGY CENTER                     )     ACT REQUESTS 
                                          )     and 
                                          )     COMMITTEE RULING  
                                          )     re CARE MOTION for ENVIRONMENTAL
                                          )     JUSTICE ANALYSIS
__________________________________________)



I. BACKGROUND

Intervenor Californians for Renewable Energy (CARE) has recently filed two documents: "Additional Thoughts, Comments, Demands, and the Like Concerning Various Pending Matters, Including Public Records Act Request, Etc." (September 29, 2000); and "Motion of Necessity for Environmental Justice Analysis on the Impacts of the MEC on Low Income and Minority Populations including school children & CPR Request" ("Motion"; October 13, 2000). Both documents contain requests for information under the Public Records Act (Gov't. Code, 6250 et seq.). The document also reiterates fuel supply issues previously addressed; we construe the latter document to contain a request for an "environmental justice" analysis in this case.

II. DISCUSSION

Consistent with our regulations (Cal. Code of Regs., tit. 20, sections 2501 et seq.), we have referred CARE's two Public Records Act requests to the Office of Chief Counsel. We are informed that these requests are being processed in the normal course.

We have already addressed fuel supply issues raised by CARE ("Ruling re CARE MOTION for WORKSHOP on ALTERNATIVE FUEL SOURCES," October 3, 2000). The Motion for an environmental justice analysis raises similar procedural issues. Staff's recently published project assessment (October 2000) broaches environmental justice in the "Socioeconomics" portion. (pp. 449-468). This topic will be examined during future evidentiary hearings, and the analysis will thus be subjected to the opportunity for public scrutiny, including cross-examination and/or the introduction of competent evidence supporting differing conclusions. As an Intervenor, CARE may avail itself of these opportunities to challenge the analysis if it so chooses.

III. ORDER

The Public Records Act requests are being processed as summarized above. We do not require Staff to supplement, or to conduct, an "environmental justice" analysis different from that contained in its October 2000 project assessment.



Date On Line: October 26, 2000



ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION



ROBERT A. LAURIE
Commissioner Presiding Member
Metcalf AFC Committee




WILLIAM J. KEESE
Chairman and Associate Member
Metcalf AFC Committee





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