Notice of Prehearing Conference and Committee Order
[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

In the Matter of:                   )      Docket No. 00-AFC-12
Application for Certification       )      (Application complete
of the Duke Energy for the          )
Morro Bay Power Plant Project       )      January 10, 2001)





NOTICE IS HEREBY GIVEN that the Committee will conduct a public Prehearing Conference as follows:

Beginning at: 9 A.M.
Veteran's Memorial Hall
209 Surf Street
Morro Bay, California
[Wheelchair Accessible]

At this event, all parties (Staff, Applicant, and Intervenors) shall present their respective opinions concerning: which substantive topic areas addressed in the Final Staff Assessment (FSA), Part 11 are ready for evidentiary hearings; which require further analysis, including the nature of, and timeframe for, any such analysis; which topic areas the parties have reached agreement upon; and which remain subject to disagreement and require adjudication. All parties shall be prepared to identify proposed witnesses, as well as the time required for testimony and/or cross-examination. The Committee will issue an Order based upon discussions at the Prehearing Conference, and schedule evidentiary presentations for forthcoming hearings.

Interested agencies and members of the public are encouraged to attend. Because of the limited time available, the Committee is primarily interested in discussing only the matters noted above. General public comment will be allowed only as time permits. Written comment may, however, be sent to the Commission's Docket Unit, MS-9, 1516 Ninth Street, Sacramento, CA 95814.

Purposes and Procedures

The basic purposes of the Prehearing Conference are to assess the parties' readiness for evidentiary hearings, to clarify areas of agreement or dispute, to identify witnesses and exhibits, to determine upon which topics parties desire to cross-examine witnesses from other parties, and to discuss procedures which will assist the Committee in concluding this licensing process in as timely a manner as feasible. In this regard, the parties shall be prepared to discuss the matters mentioned above as well as future dates for filing testimony and other evidentiary documents, briefing and comment periods, and other related items.

Prehearing Conference Statements

Each party desiring to participate at the Prehearing Conference, or present evidence or cross-examine witnesses at future Evidentiary Hearings, shall serve and file a Prehearing Conference Statement. These Statements must be received at the Commission Docket Unit, MS-4, 1516 Ninth Street, Sacramento, California 95814, no later than 3:00 p.m., on Monday, November 26, 2001. In addition, each party shall email an electronic copy to the Hearing Officer no later than the time and date noted above. Send email copies to: All statements must be identified with "Docket No. 00-AFC-12."

Each Statement shall be limited to the topic areas addressed in the FSA, Part 1 and shall specify at a minimum:

  • The topic areas which a party believes are ready to proceed to evidentiary hearings;

  • The topic areas which a party believes are not yet ready to proceed to evidentiary hearings and the reasons therefor;

  • Topic areas for which a dispute requiring adjudication exists; for topic areas which remain disputed, parties must include a brief summary of the precise nature of the dispute;

  • The identity of the witness(es) a party proposes to sponsor, the topic area(s) upon which the witness(es) will testify, a brief summary of the testimony to be offered and of the witness(es) qualifications, and the time desired to present direct testimony;

  • Topic areas upon which a party desires to cross-examine witness(es) from other parties, and the time desired for such cross-examination;

  • Any exhibits a party intends to offer as evidence; and

  • A proposed schedule for the remainder of these proceedings.

Please be aware that every topic area addressed in FSA, Part 1 may not go to hearing during the December 17 through 19 period. Topics containing more contested matters are likely to be heard during the January evidentiary hearings. Topic areas not addressed in the FSA, Part 1 will be contained in Staff's FSA, Part 2. Following publication of that document, parties will file separate prehearing conference statements addressing the topics in FSA, Part 2.

Petition to Intervene

Anyone with a legitimate interest relevant to the siting of the proposed project may file a Petition to Intervene and become a formal party to the proceeding. Party status provides the rights to present independent evidence, receive pertinent documents, and cross-examine witnesses; it also imposes the duties to comply with various orders, procedures, and filing requirements, as well as to having sponsored witnesses subjected to cross-examination by other parties.

The Public Adviser's Office will assist anyone interested in preparing a Petition to Intervene. Commission regulations provide that a Petition to Intervene should be filed at least 30 days prior to the beginning of evidentiary hearings. [Cal. Code of Regs., tit. 20, 1207 (b).] However, in this instance the Committee directs that any Petition to Intervene be filed no later than noon, on Tuesday, November 27, 2001. Any person filing a Petition to Intervene must send an electronic copy to the hearing officer and all parties on the proof of service list no later than the identified deadline. Typically, by the time the Committee schedules a Prehearing Conference, intervenors are not granted time extensions to review existing case materials, since to do so could delay the proceeding.

Further Information

If you need information concerning public participation, please contact Roberta Mendonca, the Commission's Public Adviser, at (916) 654-4489 or, toll free in California, at (800) 822-6228 or, email: Please contact Priscilla Ross at (916) 654-4489 if you require special accommodation to participate at this meeting.

Technical questions concerning the project should be addressed to Kae Lewis, the Commission's Project Manager, at (916) 654-4176 or, email at:

Questions of a legal or procedural nature should be directed to Gary Fay, the Hearing Officer, at (916) 654-3893 or, email at:

Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or, email at:

Information concerning the status of the project, as well as notices and other relevant documents, is also available on the Energy Commission's Internet home page at:


On October 25, 2001, Staff filed its Staff Petition to Amend Project Schedule (Petition) requesting that the Committee modify the schedule set in the revised scheduling order issued October 3, 2001, and allow Staff to issue the FSA in two separate parts. Applicant responded to Staff's Petition on November 2, 2001, arguing that Staff's request unnecessarily delays the proceeding and should be denied. Because the existing schedule requires Staff to publish the FSA on November 14th, the urgency of the matters raised in Staff's Petition compels us to respond promptly. This Order grants the Staff request to publish the FSA in two separate parts, on different dates. However, it denies Staff's requests for other various schedule modifications.

In response to Staff's request, Staff will issue its FSA Part 1 on November 14, 2001 containing the subject areas identified in footnote 1 above. However, in order to maintain orderly progress in this case, we direct Staff to file Part 2 of the FSA on December 14, 2001. Part 2 of the FSA shall contain the remaining topic areas including Biological Resources, Soil and Water Resources, Cultural Resources, Land Use, and Alternatives. If Staff anticipates that a draft Biological Opinion from the United States Fish and Wildlife Service (USF&WS) will not be available in time to meet the Committee schedule, Staff must arrange for a representative of the USF&WS to testify on the acceptability of biological mitigation measures set forth in the FSA, Part 2.

So Ordered.



1Staff has informed the Committee that the November 14th FSA, Part 1 will contain the following subject areas: Project Description, Air Quality, Hazardous Materials, Noise and Vibration, Public Health, Socioeconomic Resources, Traffic and Transportation, Transmission Line Safety and Nuisance, Visual Resources, Waste Management, Worker Safety, Facility Design, Geology and Paleontology, Power Plant Efficiency, Power Plant Reliability, and Transmission System Engineering.


Dated: _________________




Commissioner and Presiding Member

Commissioner and Associate Member

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