[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

		In the Matter of:			}	Docket No. 00-AFC-12
		Application for Certification of	} 	 		
		Duke Energy for the			} 	 					
		Morro Bay Power Plant Project		}


This Scheduling Order is based on discussions at the February 20, 2001, Informational Hearing, the schedule proposed by the Energy Commission staff (Staff) in its February 8, 2001 Issue Identification Report, and upon subsequent written comments filed by the parties.

The attached Committee Schedule contains a list of events that must occur in order to complete the certification review in a timely manner. This schedule only covers the period through the release of the Final Staff Assessment and the Committee's Prehearing Conference. The balance of the schedule will be determined at or following the Prehearing Conference.

Several deadlines listed in the schedule are contingent upon reviews and analyses to be conducted by other federal, state, and local agencies. If those reviews are not completed on the dates listed in the Committee Schedule, the Committee may need to modify the schedule. The Commission staff is responsible for meeting all Committee deadlines for the filings produced by the staff. The Applicant bears the burden of proof in this proceeding and must be responsible for the timeliness of its own filings as well as those of all other agencies outside the Commission. Thus, a delay by an agency other than the Commission staff in filing a required document may result in a necessary extension of the Committee Schedule.

However, if an agency response is delayed, it is the Committee's intent to limit the effect of such a delay on this case. Thus, if for example water quality studies are delayed, such a delay may extend the date for filing relevant Staff analyses on water and related biological impacts. However, the Committee would not necessarily delay progress in other, unrelated topic areas. In this way the Committee intends to proceed as rapidly as possible, while still devoting adequate time to the more complex topic areas. This approach could result in Commission staff issuing its analyses in more that one volume for the Preliminary and the Final Staff Assessment. Likewise, evidentiary hearings may have to be separated in time, hearing less complex matters initially and hearing more complex topics at a later time.

The Committee may modify the schedule at any time either upon its own motion or that of a party. [Cal. Code of Regs., tit. 20, section 1709(c).] The schedule requires periodic status reports from the parties to determine whether case development is progressing satisfactorily, and to bring potential schedule delays or other relevant matters to the Committee's attention.

For information on public participation, contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or, (800) 822-6228 or, email: pao@energy.state.ca.us

Technical questions concerning the project may be addressed to Kae Lewis, the Commission Staff's Project Manager at (916) 654-4176 or, email at: klewis@state.ca.us

Legal or procedural questions should be directed to Gary Fay, the Hearing Officer, at (916) 654-3893 or, email at: gfay@energy.state.ca.us

Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or, email at: mediaoffice@energy.state.ca.us

Information concerning the status of the project is available on the Energy Commission's Internet home page at:





10/23/00   Morro Bay Power Plant AFC filed (00-AFC-12)
1/10/01 0 Energy Commission Deems AFC Complete
2/9/01 30 Staff files First Set of Data Requests
2/20/01 42 Information Hearing, Issue Scoping & Site Visit
2/21/01-2/22/01 42-43 Data Request Workshop (First Set)
3/9/01 58 Data Request Responses Due From Applicant (First Set)
4/16/01 96 Applicant Provides PG&E's Facilities Study to CEC
4/20/01 100 All Parties File Status Reports
4/24/01 104 Committee Status Conference
5/9/01 119 SLOAPCD Files Preliminary Determination Of Compliance (PDOC)
5/15/01 125 CAL-ISO approves Facilities Study
5/18/01 128 All Parties File Status Reports
5/22/01 132 Staff Files Preliminary Staff Assessment (PSA)
5/25/01 135 CCRWQCB Files Draft NPDES
5/25/01 135 SLOAPCD Files Final DOC
5/30-6/15/01 140-156 Staff holds various PSA workshops
6/18/01 159 All Parties File Status Reports
7/6/01 177 Staff Files Final Staff Assessment (FSA)
7/9/01 180 Prehearing Conference

Date Online: April 2, 2001

Commissioner and Presiding Member
Moss Landing AFC Committee

Chairman and Associate Member
Moss Landing AFC Committee

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