[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 SECOND SET OF EVIDENTIARY HEARINGS 
METCALF ENERGY CENTER                   )     and SECOND HEARING ORDER
________________________________________)

I. BACKGROUND

The hearing and filing dates in this Second Notice and Order pertain to only the topic areas reflected in ATTACHMENT A. These were included within the topic areas discussed as "GROUP II" at the Prehearing Conference. We will issue a subsequent Notice and Order containing filing and hearing dates for other "GROUP II" topic areas, and after the second session of the Prehearing Conference previously noticed for January 9, 2001, for the balance of the topic areas.

II. NOTICE OF EVIDENTIARY HEARINGS

We will conduct formal evidentiary hearings as follows:

WEDNESDAY, JANUARY 17, 2001
THURSDAY, JANUARY 18, 2001
FRIDAY, JANUARY 19, 2001
Each Session Beginning at 2 p.m.
and Continuing as Necessary
San Jose City Hall at First & Mission
City Council Chambers, 2nd Floor
San Jose, CA 95013
[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 30, 31 and February 1 for other topic areas discussed as "GROUP II" at the November 30, 2000 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.

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. SECOND HEARING ORDER

The following filing schedule shall apply for the second 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 20, 2000 Applicant serves and files prepared testimony and exhibits for Topic Areas scheduled for hearing on January 17, 18 & 19, 2001.
January 3, 2001 Other parties serve and file prepared testimony and exhibits on Topic Areas scheduled for hearing on January 17, 18 &19, 2001.
January 10, 2001 Parties serve and file rebuttal testimony for Topic Areas scheduled for hearing on January 17, 18 & 19, 2001.
January 17, 18 & 19, 2001 Evidentiary Hearings on Topic Areas identified in Attachment A

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



Date on Line: December 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



ATTACHMENT A


TOPIC and WITNESS SCHEDULE
January 17, 2001 - EVIDENTIARY HEARING

TOPIC WITNESSES (Direct Testimony) CROSS EXAMINATION
Noise
  • Applicant: Bastasch
  • Staff: Rosen/Baker
  • City of San Jose: Edens
  • Williams: Self
  • Applicant
  • Staff
  • City of San Jose
  • City of Morgan Hill
  • CVRP
  • STCAG
  • Wade
  • Scholz
  • Ajlouny
  • Williams
  • UPON COMPLETION OF THE NOISE TOPIC, PRESENTATIONS ON THE TOPIC OF SOIL AND WATER RESOURCES MAY BEGIN AS TIME ALLOWS
    Soil and Water Resources
    • Applicant:Dickey
      :Byron/Pezzetti/Richardson
    • Staff: White/O'Hagan/Brocard
    • City of San Jose: Shipes
      : Dent
    • STCAG : Lucas
    • Williams: self
    • Applicant
    • Staff
    • City of San Jose
    • CVRP
    • STCAG
    • Ajlouny
    • CARE
    • Williams

    TOPIC and WITNESS SCHEDULE
    January 18, 2001 - EVIDENTIARY HEARING

    TOPIC WITNESSES (Direct Testimony) CROSS EXAMINATION
    CONTINUATION OF PRESENTATIONS ON SOIL AND WATER RESOURCES

    UPON COMPLETION OF THE SOIL AND WATER RESOURCES TOPIC, PRESENTATIONS ON THE TOPIC OF TRAFFIC, TRANSPORTATION, AND HAZARDOUS MATERIALS MANAGEMENT MAY BEGIN AS TIME ALLOWS
    Traffic, Transportation, and Hazardous Materials Management (combined topics)
    • Applicant: Acutanza
      : Tornatore
    • Staff: Brown
      : Greenberg/Tyler
    • City of San Jose: Edens
    • CVRP: Radis
    • Ajlouny: Spellman
    • Williams: Self/ELZ
  • Applicant
  • Staff
  • City of San Jose
  • City of Morgan Hill
  • CVRP
  • STCAG
  • Wade
  • Scholz
  • Ajlouny
  • CARE
  • Williams
  • (Continuing to January 19th as necessary)

    TOPIC and WITNESS SCHEDULE
    January 19, 2001 - EVIDENTIARY HEARING

    TOPIC WITNESSES (Direct Testimony) CROSS EXAMINATION
    CONTINUATION OF PRESENTATIONS ON TRAFFIC, TRANSPORTATION, AND HAZARDOUS MATERIALS MANAGEMENT AS NECESSARY



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