[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 METCALF ENERGY CENTER                  )     
___________________________________________)



DISMISSAL of PETITION

I. BACKGROUND

Intervenor Californians for Renewable Energy (CARE) filed a "Demand for Appeal to the Full Commission Regarding the Committee Ruling re: CARE's Demand to Correct or Cure Violation of the Open Meeting Act" (Petition for Appeal). This submission is dated April 16, 2001, and was docketed on April 17, 2001.

CARE essentially seeks Commission review of our March 23, 2001 "RULING re: CARE'S DEMAND to CORRECT VIOLATIONS of the OPEN MEETING ACT."

II. DISCUSSION

Section 1215 of our regulations [20 Cal. Code of Regs., section 1215] governs the procedure for an appeal to the full Commission of a Committee Ruling or Order. Section 1215 (b) explicitly provides that "[a]ny such petition [for appeal] shall be filed within ten days of the date of the order being issued . . .".

The Ruling in question was issued on March 23, 2001; CARE's Petition for Appeal is dated April 16, 2001. This is in excess of the ten day period permitted for the filing of such an appeal and is therefore untimely.

III. RULING

CARE's Petition for Appeal is Dismissed.

Dated April 18, 2001, at Sacramento, California.




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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