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: CONSOLIDATED 
Metcalf Energy Center [Calpine            )     MOTIONS TO DISAPPROVE  
Corporation and Bechtel Enterprises, Inc.])     OR RESCIND THE AFC
__________________________________________)

I. BACKGROUND

On November 29, 2000, Intervenor Californians for Renewable Energy (CARE) filed a "Motion to Disapprove or Rescind the Application for Certification of the Metcalf Energy Center." On the same date, Intervenor Ajlouny filed an essentially identical motion. Both Motions request that, based on recent land use decisions by the City of San Jose, "...the Commission disapprove or rescind the Application for Certification of the Metcalf Energy Center."

We have consolidated the Motions for purposes of this Ruling.

II. DISCUSSION

We addressed this matter at the November 30, 2000 Prehearing Conference. Applicant has presently chosen to proceed with the licensing process. Absent its indication to the contrary, or failure to proceed with due diligence, Applicant is entitled to a decision on the merits of its proposal.

III. RULING

The consolidated Motions are denied.

Date On Line: December 13, 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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