In the Matter of: ) Docket No. 99-AFC-3 ) Application for Certification for the ) COMMITTEE ORDER VACATING November 20, METCALF ENERGY CENTER ) 2000 RULING re: PRODUCTION OF ) DOCUMENTS _______________________________________)
On November 20, 2000, we issued a "Committee Ruling re: CVRP Petition to Compel Production of Documents" (Ruling). Intervenor Coyote Valley Research Park, LLC and Coyote Valley Properties, LLC (jointly "CVRP") appealed that Ruling to the full Commission. ("Notice of Interlocutory Appeal," etc., dated November 30, 2000.) Applicant responded on December 15, 2000, and the Commission addressed the appeal at its December 20, 2000 Business Meeting.
Consequently, the matter was referred back to the Committee for further consideration. We then conducted a hearing on the outstanding discovery issues on January 3, 2001. At that time, and due to a combination of factors including the submission of additional information by Applicant and the refinement of the original requests by CVRP, the parties clarified that Applicant would provide further information relating to questions 1.D(1) and 1.D(2) of Data Requests No. 3. (1/3/01 Reporter's Transcript, pp. 1-3.)
Dispute still existed, however, regarding the Applicant's response to question 4.A. Due in part to the pending submission of additional information, we resumed discussion of pertinent matters at the January 9, 2001 Prehearing Conference.
As a result of the exchanges summarized above, CVRP indicates that it considers Data Requests 1.D(1) and 1.D(2) satisfied. While it believes Applicant's submissions are only partially responsive to Data Request No. 4.A, CVRP nevertheless agrees that we may view its original Petition to Compel as moot if Applicant either ". . . agrees to provide this further information [sought in No. 4.A] . . . " or " . . . unequivocally states that it does not have this further information . . . ". ("CVRP's Statement Regarding Documents Remaining to be Produced," etc., dated January 16, 2001, p. 3.) Applicant's Response (dated January 26, 2001) states that ". . . CVRP now has within its possession all of the information Applicant has in its possession with regards to Data Request 4.A". ("Response of Calpine/Bechtel to CVRP's Statement Regarding Documents Related to CVRP's Interlocutory Appeal", p. 2.)
We interpret this as an unequivocal statement. Moreover, in view of the events alluded to above, we conclude that Applicant and CVRP have satisfactorily resolved the substance of the dispute underlying the original Motion to Compel and the subsequent Interlocutory Appeal. In view of these circumstances, there appears no reason to retain our November 20, 2000 Ruling.
We ORDER that our November 20, 2000 "Committee Ruling re: CVRP Petition to Compel Production of Documents" is hereby VACATED in all respects.
Date On Line: Febuary 20, 2001
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
ROBERT A. LAURIE, Commissioner
Metcalf AFC Committee
WILLIAM J. KEESE, Chairman
Metcalf AFC Committee
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