[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        )     NOTICE OF FIRST SET OF EVIDENTIARY 
the Metcalf Energy Center [Calpine           )     HEARINGS and INITIAL HEARING ORDER
Corporation and Bechtel Enterprises, Inc.]   )     -and- NOTICE OF CONTINUATION of 
                                             )     PREHEARING CONFERENCE
_____________________________________________)


I. BACKGROUND

The Committee has considered the progress made in developing relevant information in this case, and the representations of the parties at the November 30, 2000 Prehearing Conference. We have balanced all competing considerations in what we view to be a reasonable manner, and will therefore commence evidentiary hearings as specified below. The hearing and filing dates in this Notice and Order pertain to only the topic areas reflected in ATTACHMENT A. These are the topic areas discussed as "GROUP I" at the Prehearing Conference, with the exclusion of the "Noise" topic area. We will issue a subsequent Notice and Order containing filing and hearing dates for the "GROUP II" topic areas and, after the continued Prehearing Conference noticed below, for the "GROUP III" areas.

The parties should further note that Prehearing Conference discussions on the topics of Visual Resources, Air Quality and Public Health, Transmission System Engineering and Local System Effects, and Alternatives will be held following conclusion of the evidentiary presentations at the January 9, 2001 session scheduled below.

II. NOTICE OF EVIDENTIARY HEARINGS

We will conduct formal evidentiary hearings as follows:

MONDAY, JANUARY 8, 2001
TUESDAY, JANUARY 9, 2001
Each Session beginning at 2 p.m.
San Jose Convention and Cultural Facilities
Meeting Room "K" Lower Level
408 Almaden Blvd.
San Jose, CA 95110
[wheelchair Accessible]

TOPICS MAY BE CONTINUED FROM ONE DAY TO THE NEXT AS NECESSARY

At the evidentiary hearings, the parties (Applicant, Staff, Intervenors) will present evidence consisting of sworn testimony and exhibits on each topic area. Presentations will follow the agenda reflected in ATTACHMENT A.

Parties should be aware that additional evidentiary hearings will be held on January 17, 18, 19, 30, 31 and February 1 (and possibly an additional day) for the topic areas discussed as "GROUP II" (including Noise) at the Prehearing Conference. We will schedule the topics, locations, and filing dates for these hearings in a subsequent notice.

A. Formal Evidentiary Hearing Procedures

The purpose of these formal evidentiary hearings is to establish the factual record necessary to reach a decision in this case. This is done through the taking of written and oral testimony as well as exhibits from the parties. These hearings are more structured than the Committee Conferences and the informal Staff workshops which have already occurred. A party proposing to sponsor witnesses must file a written version of the witnesses' testimony and a statement of the witnesses' qualifications to testify upon the topic area(s) according to the schedule below. Witnesses will testify under oath or affirmation and be subject to cross-examination by other parties who have intervened in the case. Parties intending to offer documentary exhibits as evidence (other than the Staff Assessment, the Application for Certification document, or portions of either) shall also include a copy of such materials with their written testimony.

At the evidentiary hearings, a party sponsoring a witness shall briefly establish the witness' qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness' direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate.

Parties are encouraged to consolidate presentations by witnesses and/or cross-examination to the greatest extent possible in order to minimize duplication and conserve hearing time.

FAILURE TO PRESENT WITNESSES AS SCHEDULED, OR TO CROSS-EXAMINE ON THE TOPICS AS SCHEDULED, CAN CONSTITUTE A WAIVER OF THESE RIGHTS.

B. Public Participation

Members of the public and interested governmental agencies are invited to attend these hearings, and may offer unsworn public comment upon the matters discussed. These public comments will be entered into the record of the proceeding and may be used to supplement or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.

The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at these hearings. She may be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; her e-mail address is: pao@energy.state.ca.us

C. Further Information

If you require special accommodations, contact Robert Sifuentes at (916) 654-5004 at least five days prior to the hearings you wish to attend. News media inquiries should be directed to Claudia Chandler at (916) 654-4989, or e-mail: energia@energy.state.ca.gov

Paul Richins, the Commission's Project Manager, will respond to technical questions concerning the Metcalf Energy Center at (916) 654-4074, or e-mail: prichins@energy.state.ca.gov 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: www.energy.ca.gov/sitingcases/metcalf

Questions of a legal or procedural nature should be directed to the Hearing Officer, Stanley W. Valkosky, at (916) 654-3893.

III. HEARING ORDER

The following filing schedule shall apply for the first set of evidentiary hearings in January 2001.

Submittals shall be served upon all parties to this proceeding and the Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received no later than 3:00 p.m. on the dates indicated. Identify all documents with "Docket No. 99-AFC-3."

DATE EVENT
December 8, 2000 Applicant serves and files prepared testimony and
exhibits for Topic Areas scheduled for hearing on January 8 & 9, 2001.
December 20, 2000 Other parties serve and file prepared testimony and
exhibits on Topic Areas scheduled for hearing on
January 8 & 9, 2001.
December 29, 2000 Applicant serves and files rebuttal testimony for
Topic Areas scheduled for hearing on January 8 & 9, 2001.
January 8 & 9, 2001 Evidentiary Hearings on
Topic Areas identified in Attachment A

Staff may also conduct such workshops as are desirable or necessary during this period.

IV. CONTINUATION OF PREHEARING CONFERENCE

NOTICE is hereby given that matters not discussed at the November 30, 2000 Prehearing Conference will be discussed:

TUESDAY, January 9, 2000
Following conclusion of the evidentiary presentations scheduled above at the:

San Jose Convention and Cultural Facilities
Meeting Room "K" Lower Level
408 Almaden Blvd.
San Jose, CA 95110
[wheelchair Accessible]

Topics will be limited to those identified as "GROUP III" at the November 30, 2000 Prehearing Conference, i.e. Visual Resources, Air Quality and Public Health, Transmission System Engineering and Local System Effects, and Alternatives.

The purposes of this discussion are the same as those specified in the October 23, 2000 Notice of Prehearing Conference. The difference is that discussions will be limited to the topics identified above and related matters. Parties need not file additional Statements. Parties desiring to participate at hearings on these topics shall be prepared to identify any proposed witnesses, nature of direct testimony, the time required for direct examination, the time desired for cross-examination and the nature thereof, and related matters.


Date On Line: December 7, 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





ATTACHMENT A

TOPIC and WITNESS SCHEDULE
January 8, 2001 - EVIDENTIARY HEARING

TOPIC WITNESSES (Direct Testimony) CROSS-EXAMINATION
Project Description Applicant: Abreu
Staff: Richins
CARE
Williams
Compliance and General Conditions Applicant: Abreu
Staff: Munro
Scholz
Williams
CARE
Geology and Paleontological Resources Applicant: Livingston, Lawler
Staff: Anderson
CARE
Transmission Line Safety and Nuisance Applicant: Wood/Miller
Staff: Odoemelan
CARE
Waste Management Applicant: Tornatore
Staff: Ringer
CARE
Efficiency Applicant: Dunstan
Staff: Baker
CARE
Reliability Applicant: Dunstan
Staff: Baker
STCAG
CARE
Williams
Facility Design Applicant: Dunstan
Staff: Baker/McCuen/Kisabuli/Anderson
Scholz
CARE
Williams
Ajlouny
Worker Safety and Fire Protection Applicant: Danby
Staff: Hann/Tyler
CARE

*** Topics may be continued to the next day if necessary ***

TOPIC and WITNESS SCHEDULE
January 9, 2001 - EVIDENTIARY HEARING
And Continuation of Prehearing Conference

TOPIC WITNESSES (Direct Testimony) CROSS-EXAMINATION
Cultural Resources Applicant: Bard
Staff: Reinoehl/Torres
CARE: Leventhal, Davidson, Cambra
Applicant
Staff
CARE
Williams

CONTINUATION OF PREHEARING CONFERENCE: Discussion on Visual Resources, Air Quality and Public Health, Transmission System Engineering and Local System Effects, and Alternatives ("GROUP III" Topics) following evidentiary presentations.




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