[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 FOURTH SET OF EVIDENTIARY 
Metcalf Energy Center [Calpine Corporation  )     HEARINGS and FOURTH HEARING ORDER
and Bechtel Enterprises, Inc.]              )
____________________________________________)



I. BACKGROUND

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

II. NOTICE OF EVIDENTIARY HEARINGS

We will conduct formal evidentiary hearings as follows:

NOTE ADDRESS CHANGED!

County of Santa Clara
General Services Agency Auditorium
1555 Berger Drive, Building 2
San Jose, CA 95112
(Hearings will begin at 2 p.m.)
[Wheelchair Accessible]

THURSDAY, FEBRUARY 15, 2001
FRIDAY, FEBRUARY 16, 2001

Each Session Beginning at 2 p.m.
and Continuing as Necessary
San Jose City Hall at First & Mission
City Council Chambers, Room 205
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 for the other topic areas discussed as "GROUP III" at the January 9, 2001 Prehearing Conference.

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 for whom prepared testimony has not been filed will not be permitted to offer direct testimony. 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, or previously served documents) 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. FOURTH HEARING ORDER

The following filing schedule shall apply for the fourth set of evidentiary hearings scheduled above.

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
January 24, 2001 Applicant serves and files prepared testimony and exhibits
for Topic Areas scheduled for hearing on February 15 & 16, 2001.
February 2, 2001 Other parties serve and file prepared testimony and exhibits on
Topic Areas scheduled for hearing on February 15 & 16, 2001.
February 9, 2001 All parties may serve and file rebuttal testimony for Topic Areas
scheduled for hearing on February 15 & 16, 2001.
February 15 & 16, 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: January 17, 2001


ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION




ROBERT A. LAURIE, Commissioner
Presiding Member
Metcalf AFC Committee




WILLIAM J. KEESE, Chairman
Associate Member
Metcalf AFC Committee




ATTACHMENT A

TOPIC and WITNESS SCHEDULE

February 15, 2001 - EVIDENTIARY HEARING

TOPIC WITNESSES CROSS
Biological Resources
  • Applicant: Crowe
  • Staff: Spiegel/Brown (USFWS)
  • City of San Jose: Edens
  • STCAG: Lucas
  • CARE: Smallwood
  • Applicant
  • Staff
  • City of San Jose
  • CVRP
  • Ajlouny
  • CARE
  • Williams
  • Visual Resources
    • Applicant: Priestly
    • Staff: Donaldson/Walters
    • City of San Jose: Edens
    • CVRP: Radis
  • Applicant
  • Staff
  • City of San Jose
  • City of Morgan Hill
  • CVRP
  • STCAG
  • Ajlouny
  • CARE
  • Williams
  • Garbett
  • PRESENTATIONS MAY BE CONTINUED TO FEBRUARY 16th AS NECESSARY


    TOPIC and WITNESS SCHEDULE

    February 16, 2001 - EVIDENTIARY HEARING

    TOPIC WITNESSES (Direct Testimony) CROSS EXAMINATION
    CONTINUATION OF PRESENTATIONS ON VISUAL RESOURCES AS NECESSARY.



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