In the Matter of: ) Docket No. 99-AFC-3 ) Application for Certification for the ) NOTICE OF PREHEARING the Metcalf Energy Center [Calpine ) CONFERENCE Corporation and Bechtel Enterprises, Inc.] ) _____________________________________________)
NOTICE OF PREHEARING CONFERENCE
NOTICE IS HEREBY GIVEN that the Committee will conduct a public Prehearing Conference as follows:
THURSDAY, NOVEMBER 30, 2000
Beginning at 6 p.m. and concluding no later than 10 p.m.
Baldwin Elementary School
280 Martinvale Lane
San Jose, California
At this event, all parties (Staff, Applicant, and Intervenors) shall present their respective opinions concerning: which substantive topic areas are ready for evidentiary hearings; which require further analysis, including the nature of, and timeframe for, any such analysis; which topic areas the parties have reached agreement upon; and which remain subject to disagreement and require adjudication. All parties shall be prepared to identify proposed witnesses, as well as the time required for testimony and/or cross-examination. The Committee will issue an Order based upon discussions at the Prehearing Conference, and schedule evidentiary presentations for forthcoming hearings.
Interested agencies and members of the public are encouraged to attend. Because of the limited time available, the Committee is primarily interested in discussing only the matters noted above. General public comment will be allowed only as time permits. Written comment may, however, be sent to the Commission's Docket Unit, MS-9, 1516 Ninth Street, Sacramento, CA 95814.
Purposes and Procedures
The basic purposes of the Prehearing Conference are to assess the parties' readiness for evidentiary hearings, to clarify areas of agreement or dispute, to identify witnesses and exhibits, to determine upon which topics parties desire to cross-examine witnesses from other parties, and to discuss procedures which will assist the Committee in concluding this licensing process in as timely a manner as feasible. In this regard, the parties shall be prepared to discuss the matters mentioned above as well as future dates for filing testimony and other evidentiary documents, briefing and comment periods, and other related items.
Prehearing Conference Statements
Each party desiring to participate at the Prehearing Conference, or present evidence or cross-examine witnesses at future Evidentiary Hearings, shall serve and file a Prehearing Conference Statement. These Statements must be received at the Commission Docket Unit, MS-4,1516 Ninth Street, Sacramento, California 95814, no later than 3:00 p.m., on Tuesday, November 21, 2000. Identify these Statements with "Docket No. 99-AFC-3."
Each Statement shall specify at a minimum:
- The topic areas which a party believes are ready to proceed to evidentiary hearings;
- The topic areas which a party believes are not yet ready to proceed to evidentiary hearings and the reasons therefor;
- Topic areas for which dispute requiring adjudication exists; for topic areas which remain disputed, parties must include a brief summary of the precise nature of the dispute;
- The identity of the witness(es) a party proposes to sponsor, the topic area(s) upon which the witness(es) will testify, a brief summary of the testimony to be offered and of the witness(es) qualifications, and the time desired to present direct testimony;
- Topic areas upon which a party desires to cross-examine witness(es) from other parties, and the time desired for such cross-examination;
- Any exhibits a party intends to offer as evidence; and
- A proposed schedule for the remainder of these proceedings.
Petition to Intervene
Anyone with a legitimate interest relevant to the siting of the proposed project may file a Petition to Intervene and become a formal party to the proceeding. Party status provides the rights to present independent evidence, receive pertinent documents, and cross-examine witnesses; it also imposes the duties to comply with various orders, procedures, and filing requirements, as well as to having sponsored witnesses subjected to cross-examination by other parties.
The Public Adviser's Office will assist anyone interested in preparing a Petition to Intervene. Commission regulations provide that a Petition to Intervene should be filed at least 30 days prior to the beginning of evidentiary hearings. [Cal. Code of Regs., title 20, 1207 (b).] In this instance the Committee directs that any Petition to Intervene be filed prior to the November 30, 2000, Prehearing Conference. Typically, by the time the Committee schedules a Prehearing Conference, intervenors are not granted time extensions to review existing case materials since to do so could delay the proceeding.
Those desiring information or assistance concerning participation in these proceedings should contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or, toll free, (800) 822-6228 or, at: firstname.lastname@example.org Paul Richins, the Staff Project Manager, will respond to technical inquiries and may be reached at (916) 654-4074. Questions of a legal or procedural nature should be addressed to Stanley W. Valkosky, the Hearing Officer, at (916) 654-3893. Please contact Robert Sifuentes at (916) 654-5004 if you require special accommodation to participate at this meeting.
Information concerning the status of the project, as well as notices and other relevant documents, is also available on the Energy Commission's Internet home page at:
Date On Line: November 13, 2000
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
ROBERT A. LAURIE
Commissioner and Presiding Member
Metcalf AFC Committee
WILLIAM J. KEESE
Chairman and Associate Member
Metcalf AFC Committee
Mailed to Lists: 700, 701, 702 and Proof of Service List
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