Committee Revised Scheduling Order
[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


At the Committee Status Conference, held on August 16, 2001, the Committee held discussion regarding an August 13, 2001 letter from Roger W. Briggs, Executive Director of the California Regional Water Quality Control Board, Central Coast Region (CCRWQCB or Regional Board). The letter stated that the CCRWQCB could not prepare a draft National Pollutant Discharge Elimination System (NPDES) permit for the Project as originally scheduled. Mr. Briggs noted that, due to the identification of potentially significant impacts associated with the intake of water from the Morro Bay Estuary for the Project's cooling water system, the Regional Board needs additional analyses from the Energy Commission staff. The analysis must include a detailed site-specific CEQA analysis for each of three alternative measures designed to mitigate impacts from the Project's cooling water system. The alternative mitigation measures to be analyzed include dry cooling, the use of an aquatic filter barrier, and additional details concerning habitat enhancement measures.

At the Status Conference the Committee directed Energy Commission staff to produce the additional analysis requested by the CCRWQCB. However, to ensure against any misunderstanding which could lead to further delay in Staff performing the requested additional analysis, the Committee asked the CCRWQCB representative to provide a detailed written description of the analysis which the CCRWQCB staff would need from the Energy Commission staff in order to complete its NPDES permit. The CCRWQCB representative committed to sending the Committee a written description the following week. (8/16/01 RT 12.) The CCRWQCB's description, dated September 17, was received at the California Energy Commission on September 21, 2001.

Based upon the follow-up letter from the CCRWQCB and the schedule for a draft NPDES permit contained in the letter, as well as Commission staff estimates of the time required to complete the additional analysis, the Committee believes that the attached schedule is realistic. While the Committee is disappointed at the delays contained in the schedule, we are persuaded that allowing additional time to incorporate the analysis requested by the Regional Board will ensure a complete and accurate record for proceedings at the CEC and those at the CCRWQCB.

The next critical event in this case is publication of the Final Staff Assessment (FSA) on or before November 14, 2001, as committed to by Staff in its August 23, 2001 schedule recommendation to the Committee. Prior to publication of the FSA, the Committee will issue a detailed notice and order informing the parties of the information required for prehearing conference statements and the time and place of the prehearing conference.

So Ordered.


Dated October 2, 2001, at Sacramento, California.

Commissioner and Presiding Member
Morro Bay AFC Committee




Chairman and Associate Member
Morro Bay AFC Committee



Schedule for the Morro Bay Power Plant
Revised September 3, 2001

9/7/01 SLOAPCD Files Final DOC
11/14/01 Staff Files Final Staff Assessment (FSA)
11/27/01 Parties File Prehearing Conference Statements1
11/29/01 Prehearing Conference
CCRWQCB files draft NPDES 2
12/7/01 Parties File Testimony
12/17-19/01 Evidentiary Hearings
1/7-18/02 Evidentiary Hearings
1Prehearing Conference Statements to be served electronically on all parties.
2This date reflects a 19-day period between the FSA and the draft NPDES permit, as stated in the CCRWQCB letter dated September 17, 2001.

| Back to Main Page | Homepage | Calendar | Directory/Index | Search | Contact Us |