In the Matter of: ) Docket No. 99-AFC-3 ) Application for Certification for the ) NOTICE OF FIFTH SET OF EVIDENTIARY Metcalf Energy Center [Calpine Corporation ) HEARINGS and FIFTH HEARING ORDER and Bechtel Enterprises, Inc.] ) ____________________________________________)
The hearing and filing dates in this Fifth 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:
WEDNESDAY, FEBRUARY 28, 2001
THURSDAY, MARCH 1, 2001
FRIDAY, MARCH 2, 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
NOTE LOCATION CHANGE!
#412 Coyote Grange Hall, Coyote Valley, San Jose
(located on the east side of Monterey Road
between Metcalf Road and Bailey Avenue, south of San Jose)
San Jose, CA
(hearings will begin at 2:00 p.m.)
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: firstname.lastname@example.org.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: email@example.com
Paul Richins, the Commission's Project Manager, will respond to technical questions concerning the Metcalf Energy Center at (916) 654-4074, or e-mail: firstname.lastname@example.org. 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. FIFTH HEARING ORDER
The following filing schedule shall apply for the fifth 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 26, 2001 Applicant serves and files prepared testimony and exhibits
for Topic Areas scheduled for hearing on February 28, and March 1 and 2, 2001.
February 13, 2001 Other parties serve and file prepared testimony and exhibits on
Topic Areas scheduled for hearing on February 28, and March 1 and 2, 2001.
February 21, 2001 All parties may serve and file rebuttal testimony for Topic Areas
scheduled for hearing on February 28, and March 1 and 2, 2001.
February 28 and
March 1 and 2, 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
Metcalf AFC Committee
WILLIAM J. KEESE, Chairman
Metcalf AFC Committee
TOPIC and WITNESS SCHEDULE
February 28, and March 1 and 2, 2001 - EVIDENTIARY HEARINGS
PRESENTATIONS MAY BE CONTINUED TO FEBRUARY 16th AS NECESSARY
TOPIC WITNESSES (Direct) CROSS (Exam) Air Quality and
- Applicant: Rubenstein/Lowe
- Staff: Badr/Ringer
: Jang/Hill/Long (BAAQMD)
- City of San Jose: Edens
- City of Morgan Hill:
- CVRP: Radis
- RSTS&RC: Consultant
- STCAG: Wong
- CARE: Gilbert
- Garbett: unidentified
Applicant Staff City of San Jose City of Morgan Hill CVRP RSTS&RC STCAG Ajlouny CARE Williams Garbett
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