[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      )     COMMITTEE RULING re: CARE's DEMAND  
Metcalf Energy Center [Calpine             )     to CORRECT VIOLATIONS of 
Corporation and Bechtel Enterprises, Inc.] )     the OPEN MEETING ACT 
___________________________________________)




I. BACKGROUND

On March 14, 2001, Michael Boyd, President of Californians for Renewable Energy, Inc. (CARE) filed with this Committee a five page document entitled "Demand to Correct or Cure Violations of the Bagley-Keene Open Meeting Act". In his filing, Mr. Boyd alleges that the Committee's March 7, 2001, Notice of Public Hearings, was issued in violation of the Open Meeting Act because its posting on the Commission's Website on March 6, 2001 was less than the required 10-day notice prior to hearings on March 14 and 16, and 23, 2001. Mr. Boyd complains that this action has caused his organization and its members "actual prejudice" and that it has kept CARE's members "from attending and fully participating in the process".


II. DISCUSSION

Mr. Boyd is mistaken. On January 19, 2001, the Committee issued its Notice of Sixth Set of Evidentiary Hearings and Sixth Hearing Order (Notice). The Notice stated that the Committee would conduct evidentiary hearings on March 12, 13, and 14, 2001, (emphasis added). The subsequent notice posted on March 6, 2001 merely noted that, in addition to taking evidence on March 14, the Committee would hear public comments and hear arguments regarding "override" issues. The hearing for March 16 was indicated as a continuation of the March 14 hearing "if necessary". Thus, the Committee had previously noticed the March 14 hearing on January 19, 2001, 55 days prior to the hearing. Since the open Meeting Act requires an opportunity for public comment at every hearing, the notice posted on March 6, 2001 merely repeated that which the law already requires. Furthermore, any questions about adequate notice for the March 16 continuance date were obviated by the fact that no continuance was required and the March 16 hearing was cancelled. At the March 14 hearing, the Committee announced that any party wishing to address "override" issues at the March 23 hearing may do so. Thus, Mr. Boyd is not precluded, nor prejudiced regarding the matter. In addition, there can be not doubt that a notice posted on the Website on March 6 and mailed on March 7, 2001 provides adequate legal notice for the March 23, 2001 hearing.


III. RULING

CARE's Motion is denied.



Date On Line: March 23, 2001



ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION




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




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




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