In the Matter of:                           )     Docket No. 99-AFC-3
                                            )
Application for Certification for the       )     RULING re:  CARE's PETITION 
Metcalf Energy Center [Calpine Corporation  )     for HEARING and FUNDING
and Bechtel Enterprises, Inc.]              )
____________________________________________)
			

I. BACKGROUND

On December 29, 2000, Intervenor Californians for Renewable Energy (CARE) filed a "Petition for a hearing on CEC 'override' of the City of San Jose, public participation, and Intervenor funding as part of the Evidentiary Hearings" (Petition). On January 2, 2001, CARE filed supplemental observations on this Petition.

The Petition essentially requests: 1) we suspend these proceedings and immediately focus upon the "override" issue, including court adjudication thereof; and 2) provide monetary compensation and reimbursement to CARE for its participation.

II. DISCUSSION

CARE's requests are simply spurious. The first would require us to reach a decision on a particular issue before considering all pertinent evidence of record, and the second seeks relief which we are not empowered to grant.

III. RULING

CARE's Petition is denied.

Date On Line: January 4, 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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