[California Energy Commission Letterhead]

In the Matter of:                          )     Docket No. 99-AFC-3
Application for Certification for the      ) RULING re:  CARE's MOTION 	
METCALF Energy Center [Calpine Corporation ) for CONTINUANCE
and Bechtel Enterprises, Inc.]             )   
___________________________________________)


I. BACKGROUND

On December 26, 2000, Applicant notified all parties that it intended to substitute one witness for another for the "Cultural Resources" topic area. This topic is scheduled for hearing on January 9, 2001. On December 28, 2000, Intervenor Californians for Renewable Energy (CARE) filed a "Motion for Continuance of the Evidentiary Hearing on Cultural Resources Until the Applicant's Witness, Dr. Bard, is Available for Cross Examination by CARE" (Motion). As suggested by the Motion, CARE desires to have a specific witness from Applicant available for cross-examination on this topic.

II. DISCUSSION

Dr. Bard prepared the Applicant's Cultural Resources testimony, but will apparently be unavailable on the date scheduled. Contained in Applicant's substitution papers, however, is a declaration indicating that the new witness (Dr. Busby) is "adopting the testimony on Cultural Resources . . . based on . . . independent analysis and . . . professional experience and knowledge . . . " and that Dr. Busby is ". . . personally familiar with the facts and conclusions related in the testimony . . . ". Moreover, the resumes show that Dr. Busby has been a member of the same cultural resources management consulting firm as Dr. Bard, and appears otherwise qualified to testify.

Therefore, we fail to perceive any disadvantage to CARE by the witness substitution, or any persuasive reason to delay the hearing on this topic. Intervenor may cross-examine Applicant's witness on relevant matters within the scope of the testimony.

III. RULING

CARE's Motion is denied.



Date On Line: January 2, 2001

ENERGY CONSERVATION RESOURCES
AND DEVELOPMENT COMMISSION




ROBERT A. LAURIE, Commissioner
and Presiding Member
Metcalf Energy Center AFC Committee




WILLIAM J. KEESE, Chairman
and Associate Member
Metcalf Energy Center AFC Committee




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