[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           )   COMMITTEE RULING RE
Metcalf Energy Center [Calpine Corporation      )   CALPINE MOTION TO 
and Bechtel Enterprises, Inc.]                  )   COMPEL
________________________________________________)


I. BACKGROUND

On July 31, 2000, Applicant served and filed "Data Requests of the Metcalf Energy Center Set 1 Directed to Intervenor Coyote Valley Research Park, LLC and Coyote Valley Properties, LLC" (Data Requests). On August 16, 2000, Intervenor Coyote Valley Research Park, LLC, and Coyote Valley Properties, LLC (CVRP) filed objections to these Data Requests.

On October 13, 2000, Applicant filed a "Petition to Compel Production of Documents and Information" directed to CVRP. In this Petition, Applicant requested we direct CVRP to provide the information specified in the Data Requests. The Committee issued an Order, dated October 19, 2000, directing responses to Applicant's Petition. On November 3, 2000, CVRP and Staff filed their respective responses.

II. DISCUSSION

Applicant's extensive Data Requests cover numerous topic areas, but basically seek disclosure of documents CVRP intends to introduce in future hearings; names, resumes, and summaries of testimony for witnesses CVRP may seek to sponsor at evidentiary hearings; and a summary of each position CVRP will seek to advocate in this proceeding.

As CVRP correctly indicates in its Response, the information sought by Applicant is that which will be disclosed in Prehearing Conference Statements, discussed at the Prehearing Conference, contained in prefiled prepared testimony, and examined during future evidentiary hearings. Many of these matters are specified in our October 23, 2000 Notice of Prehearing Conference, consistent with our regulations. [See, Cal. Code of Regs., title 20, section 1718, section 1718.5.]

We therefore conclude Applicant is premature in requesting the information sought in its Data Requests Set 1.

III. RULING

Applicant Petition to Compel is denied.



Date On Line: November 17, 2000



ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION




ROBERT A. LAURIE, Commissioner
Presiding Member
Metcalf AFC Committee




WILLIAM J. KEESE, Chairman
Associate Member
Metcalf AFC Committee




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