[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                 )       Application complete
Morro Bay Power Plant Project       )       January 10, 2001




On July 17, 2001, Coastal Alliance for Plant Expansion (CAPE), an Intervenor in this proceeding, filed its Petition of Intervenor for Order Directing Duke Energy to Supply Information [1716(g)] (Petition). The Petition was filed pursuant to Title 20 California Code of Regulations, section 1716(g). It requests the Committee to issue an order directing Duke Energy North America (Applicant) to answer Data Requests 407, 408, and 409. These are among the various data requests submitted by CAPE in its third set of requests. Applicant objected to nineteen of the requests and CAPE takes issue with three of the nineteen objections.

In addition, the Coastal Alliance requests in its petition that the Committee direct Applicant to answer Data Requests 323, 324, 326, 327, 328, 329 and 332. These are among the various data requests submitted by CAPE in its second set of requests.

The Committee directs Applicant and Staff to respond to CAPE's petition no later than Friday, August 3, 2001. In particular, Staff shall note any scientific, as well as legal, reasons for grating or denying each data request referenced in the petition of the Coastal Alliance. Such filings will be in lieu of any hearing to consider argument on the Petition. The Committee will issue its order ruling on the Petition no later than August 17, 2001.

Dated: July 20, 2001 at Sacramento, California


Commissioner and Presiding Member
Morro Bay AFC Committee

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