[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission




In the Matter of:                      )     Docket No. 00-AFC-12
Application for Certification of       )
Duke Energy for the                    )     NOTICE OF SECOND SET OF 	
Morro Bay Power Plant Project          )     EVIDENTIARY HEARINGS, SECOND
                                       )     HEARING ORDER
                                       )     and- NOTICE OF SECOND 
_______________________________________)     SCHEDULING CONFERENCE   


NOTICE OF SECOND SET OF
EVIDENTIARY HEARINGS,
SECOND HEARING ORDER
-and- NOTICE OF SECOND SCHEDULING CONFERENCE

I. BACKGROUND

The Committee has considered the progress made in developing relevant information in this case and the representations of the parties at the December 17, 2001 Scheduling Conference. We have balanced all competing considerations in what we view to be a reasonable manner, and will continue evidentiary hearings as specified below. The hearing and filing dates in this Notice and Order pertain to only the topic areas reflected in ATTACHMENT A. These topic areas may be referred to as "GROUP II" (Waste Management, Hazardous Materials/Worker Safety, Noise and Vibration, Traffic and Transportation, Socioeconomics, Cultural Resources, Air Quality, Public Health) topic areas. We will issue a subsequent Notice and Order containing filing and hearing dates for the "GROUP III" (Biological Resources, Soil and Water Resources, Land Use, Visual Resources, Alternatives) areas after the Second Scheduling Conference noticed below.

The parties should further note that scheduling discussions on the "Group III" topic areas will be held following conclusion of the evidentiary presentations in January 2002, as scheduled below.


II. NOTICE OF EVIDENTIARY HEARINGS

We will conduct formal evidentiary hearings as follows:

TUESDAY through THURSDAY, JANUARY 29, 30, 31, 2002
and continuing to

TUESDAY, February 5, 2002,
Beginning at 1 p.m.
NOTE NEW START TIME!


And
WEDNESDAY through THURSDAY, February 6 and 7, 2002
Beginning at 9 a.m. and continuing as necessary at:

1055 Morro Ave
Morro Bay, CA 93442
[Wheelchair Accessible]

TOPICS MAY BE CONTINUED FROM ONE DAY TO THE NEXT AS NECESSARY

At the evidentiary hearings, the parties (Applicant, Staff, Intervenors) will present evidence consisting of sworn testimony and exhibits on each topic area. Presentations will follow the agenda reflected in ATTACHMENT A.

Parties should be aware that additional evidentiary hearings will tentatively be held in the March 2002 time frame for the topic areas characterized as "GROUP III" areas. This group now includes the "Land Use" topic We will schedule the topics, locations, and filing dates for these hearings in subsequent notices.

A. Formal Evidentiary Hearing Procedures

The purpose of these formal evidentiary hearings is to establish the factual record necessary to reach a decision in this case. This is done through the taking of written and oral testimony as well as exhibits from the parties. These hearings are more structured than the Committee Conferences and the informal Staff workshops which have already occurred. A party proposing to sponsor witnesses must file a written version of the witnesses' testimony and a statement of the witnesses' qualifications to testify upon the topic area(s) according to the schedule below. Witnesses will testify under oath or affirmation and be subject to cross-examination by other parties who have intervened in the case. Parties intending to offer documentary exhibits (including declarations) as evidence (other than the Staff Assessment, the Application for Certification document, or portions of either) shall also include a copy of such materials with their written testimony.

At the evidentiary hearings, a party sponsoring a witness shall briefly establish the witness' qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness' direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate. Declarations on a particular topic area will be received only if there are no credible objections by the other parties.

Parties are encouraged to consolidate presentations by witnesses and/or cross-examination to the greatest extent possible in order to minimize duplication and conserve hearing time.

FAILURE TO PRESENT WITNESSES AS SCHEDULED, OR TO CROSS-EXAMINE ON THE TOPICS AS SCHEDULED, CAN CONSTITUTE A WAIVER OF THESE RIGHTS.

Public Participation

Members of the public and interested governmental agencies are invited to attend these hearings, and may offer unsworn public comment upon the matters discussed. These public comments will be entered into the record of the proceeding and may be used to supplement or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.

Public comment at the evidentiary hearings may be restricted to only specified matters covered at the hearing. Comment of a general nature may be limited as time permits.

The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at these hearings. She may be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; her e-mail address is: [pao@energy.state.ca.us]

Further Information

If you require special accommodations, contact Priscilla Ross at (916) 653-6631 at least five days prior to the hearing(s) you wish to attend. News media inquiries should be directed to Assistant Director, Claudia Chandler at (916) 654-4989, or e-mail: [energia@energy.state.ca.gov]

Kae Lewis, the Commission's Project Manager, will respond to technical questions concerning the Morro Bay Power Plant Project at (916) 654-4176, or by e-mail at: [klewis@energy.state.ca.us] 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: www.energy.ca.gov/sitingcases/morrobay/index.html

Questions of a legal or procedural nature should be directed to the Hearing Officer, Gary Fay at (916) 654-3893 or, if Mr. Fay is unavailable, to Stanley W. Valkosky at the same number.


III. HEARING ORDER

The following filing schedule shall apply for the second set of evidentiary hearings in January-February 2002.

Submittals shall be served upon all parties to this proceeding and one original and eleven (11) copies to the Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received no later than 3:00 p.m. on the dates indicated. Identify all documents with "Docket No. 00-AFC-12."


DATE
EVENT
12/28/01 Applicant files supplemental visual analysis
12/31/01 Staff files Appendices to FSA, Part 2
1/9/02 Parties file Opening Briefs on Group I Topics
1/15/02 Applicant and other parties file testimony on Group II topics2.
1/17/02 Parties file Reply Briefs on Group I Topics
1/18/02 Staff files Part 3 of the Final Staff Assessment covering areas of Biological Resources, Alternatives, and supplemental visual analysis.
1/29-31/02 and
2/5-7/02
Evidentiary hearings on Group II topics and Committee Scheduling Conference.
2/28/02 All parties file opening briefs on Group II topics.
* 2/25/02 Applicant and other parties file testimony on Group III topics 3 .
3/14/02 All parties file reply briefs on Group II topics.
*March Evidentiary hearings on Group III topics.
*Tentative Dates

Commission staff is directed to conduct an independent evaluation of the Applicant's supplemental visual analysis, due on December 28, 2001. Applicant's analysis will address options for enclosing the proposed power plant. The Staff evaluation of Applicant's analysis will be included in the Final Staff Assessment, Part 3.

In addition, the Committee has considered Coastal Alliance on Plant Expansion (CAPE's) request to present some witnesses via teleconference, rather than appearing in person at the evidentiary hearings. Applicant objected to CAPE's request. The Committee believes that in the case of contested issues, the convenience to CAPE is out weighed by the disadvantage to other parties of not having the witnesses present at the evidentiary hearings. Accordingly, CAPE's request is DENIED and CAPE must present their witnesses at the hearings.


IV. SCHEDULING CONFERENCE

NOTICE is hereby given that matters pertinent to the "Group III" topics (Biological Resources, Soil and Water Resources, Land Use, Visual Resources, Alternatives) will be discussed following conclusion of the January 29-31, 2002 Evidentiary Hearings.

The purposes of this discussion are the same as those specified in the November 9, 2001 Notice of Prehearing Conference. The difference is that discussions will be limited to the topics identified above and related matters. Parties need not file additional Statements. Parties desiring to participate at hearings on these topics shall be prepared to identify any proposed witnesses, the nature of direct testimony, the time required for direct examination, the time desired for cross-examination and the nature thereof, and related matters.

Parties shall also be prepared to update the Committee on the progress in obtaining necessary information and performing any additional analysis on matters pertinent to any of the "Group III" topics.

Dated: December 24, 2001



MICHAL C. MOORE
Commissioner and Presiding Member
Morro Bay AFC Committee


WILLIAM J. KEESE
Chairman and Associate Member
Morro Bay AFC Committee





1 Parties should also note that the topic area of "Cultural Resources" is now included in the Group II topics.

2 Group II topics include the following: Waste Management, Hazardous Materials/Worker Safety, Noise and Vibration, Traffic and Transportation, Socioeconomics, Cultural, Air Quality, Public Health.

3Group III topics include: Biological Resources, Soil and Water



ATTACHMENT A

-TOPIC and WITNESS SCHEDULE

January 29, 2002 - EVIDENTIARY HEARING

TOPICWITNESSES (Direct Testimony)CROSS EXAMINATION
Waste Management
  • Applicant: Walther/Mason (20min)
  • Staff: Greenberg (30 min)
  • City: Warrell/Rohrer (45 min)
  • Applicant: (30 min)
  • Staff: (30 min)
  • City: (30 min)
  • Hazardous Materials/
    Worker Safety
  • Applicant: Walther/White/Goschke/
    Waggener/Poquette (20 min)
  • Staff: Greenberg/Tyler: (30 min)
  • City: Jones/Hunt (1 hr)
  • Applicant: (30 min)
  • Staff: (30 min)
  • City: (30 min)
  • CAPE: (30 min)

  • TOPICS MAY BE CONTINUED FROM ONE DAY TO THE NEXT AS NECESSARY


    TOPIC and WITNESS SCHEDULE

    January 30, 2002 - EVIDENTIARY HEARING


    TOPICWITNESSES (Direct Testimony)CROSS EXAMINATION
    CONTINUATION OF PRESENTATIONS FROM PRECEEDING DAY IF NECESSARY
    Noise and Vibration
  • Applicant: Mantey/Poquette (30 min)
  • Staff: Buntin (30 min)
  • City of Morro Bay: Dorn (1 hr)
  • Applicant (30 min)
  • Staff: (30 min)
  • City: (30 min)
  • CAPE: (30 min)
  • Traffic and Transportation
  • Applicant: Cannon/Volet (30 min)
  • Staff: Brown (30 min)
  • City of Morro Bay Orosz (1 hr)
  • CAPE: Crotzer (1 hr)
  • Applicant: (30 min)
  • Staff: (30 min)
  • City: (30 min)
  • CAPE: (30 min)

  • TOPICS MAY BE CONTINUED FROM ONE DAY TO THE NEXT AS NECESSARY


    TOPIC and WITNESS SCHEDULE

    January 31, 2002 - EVIDENTIARY HEARING


    TOPIC WITNESSES (Direct Testimony) CROSS EXAMINATION
    CONTINUATION OF PRESENTATIONS FROM PRECEEDING DAY IF NECESSARY
    Socioeconomics
  • Applicant: Schneipp/Mason (30 min)
  • Staff: Fajans/Stennick (20 min)
  • City: Niehaus (45 min)
  • CAPE: Unidentified (30 min)
  • Applicant: (30 min)
  • Staff: (45 min)
  • City: (30 min)
  • CAPE: (30 min)
  • Scheduling Conference  

    TOPICS MAY BE CONTINUED FROM ONE DAY TO THE NEXT AS NECESSARY


    TOPIC and WITNESS SCHEDULE

    February 5, 2002 - EVIDENTIARY HEARING


    TOPIC WITNESSES (Direct Testimony) CROSS EXAMINATION
    Cultural
  • Applicant: Mason/Cochran (30 min)
  • Staff: Torres/Reinhold (15 min)
  • City: Stone (30 min)
  • Dunton: Wood (30 min) Burch (30 min)
  • Applicant: (30 min)
  • Staff: (15 min)
  • City: (30 min)
  • CAPE: (30 min)
  • Dunton: (30 min)
  • Air Quality
  • Applicant: Rubenstein/
  • Johnson/Walther (30 min)
  • Staff: Badr (30 min)
  • APCD: Soderbeck (2 hrs) Willey (2hrs) P.Allen (1 hr) L. Allen (1hr) Ziemer (1 hr)
  • CAPE: Fairley(30min) Dawson (30 min)Hartman (2 hrs) Donald (10 min) Soderbeck (45 min)
  • Applicant: (30 min)
  • Staff: (2 hrs)
  • City: (30 min)
  • CAPE: (1 hr)
  • Dunton:

  • TOPICS MAY BE CONTINUED FROM ONE DAY TO THE NEXT AS NECESSARY


    TOPIC and WITNESS SCHEDULE

    February 6, 7, 2002 - EVIDENTIARY HEARING

    TOPIC WITNESSES (Direct Testimony) CROSS EXAMINATION
    Air Quality
  • Applicant: Rubenstein/
  • Johnson/Walther (30 min)
  • Staff: Badr (30 min)
  • APCD: Soderbeck (2 hrs) Willey (2hrs) P.Allen (1 hr) L. Allen (1hr) Ziemer (1 hr)
  • CAPE: Fairley(30min) Dawson (30 min)Hartman (2 hrs) Donald (10 min) Soderbeck (45 min)
  • Applicant: (30 min)
  • Staff: (2 hrs)
  • City: (30 min)
  • CAPE: (1 hr)
  • Dunton:
  • Public Health
  • Applicant: Walther/Mason (30 min)
  • Staff: Odoemelam (45 min)
  • Applicant: (30 min)
  • Staff: (45 min)
  • City: (20 min)
  • CAPE: (30 min)

  • TOPICS MAY BE CONTINUED FROM ONE DAY TO THE NEXT AS NECESSARY




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