[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 THIRD SET OF 	
Morro Bay Power Plant Project          )     EVIDENTIARY HEARINGS, 
                                       )     THIRD HEARING ORDER
                                       )     and- NOTICE OF THIRD 
_______________________________________)     SCHEDULING CONFERENCE   


NOTICE OF THIRD SET OF
EVIDENTIARY HEARINGS,
THIRD HEARING ORDER
-and- NOTICE OF THIRD 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 January 31, 2002 Scheduling Conference. We have balanced competing considerations (including availability of witnesses and hearing dates) 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 III" topic areas (Air Quality/Public Health 1, Land Use, Visual, and Soil & Water Resources). We will issue a subsequent Notice and Order containing filing and hearing dates for the "GROUP IV" areas after the Third Scheduling Conference noticed below. Group IV topics are Biological Resources (including cooling options) and Alternatives.

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


II. NOTICE OF EVIDENTIARY HEARINGS

We will conduct formal evidentiary hearings as follows:

TUESDAY through THURSDAY, MARCH 12th, through 14th, 2002.
Each session beginning at 9:00 a.m. and continuing as necessary at:

Veterans Memorial Building
209 Surf Street
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 early June time frame for the topic areas characterized as "GROUP IV" areas. 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.

B. 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]

C. 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

Until February 28, 2002, 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. After February 28 such technical questions should be directed to Project Manager, Mark Pryor at (916) 653-0159 or by e-mail at mpryor@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.


III. HEARING ORDER

The following filing schedule shall apply for the third set of evidentiary hearings in March 2002. As the dates show, the Committee has granted Applicant's motion to delay Staff's filing of the FSA sections on Biological Resources and on Alternatives.

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. In addition, all briefs shall be served electronically to each party showing an email address on the proof of service list. 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
2/14/02 Staff files Supplemental Visual Analysis.
2/15/02 Applicant submits information on use of carbohydrazide.
2/26/02 Applicant and other parties file testimony on Group III topics2.
3/1/02 Staff files response to Applicant's hydrazene modeling testimony and information on the use of carbohydrazide topics.
3/8/02 All parties file opening briefs on Group II topics.
3/8/02 Applicant's Biological Assessment is deemed complete.
3/12-14/02 Evidentiary hearings on Group III topics and Committee Scheduling Conference.
3/20-21/02 Staff workshop on Biology and Cooling Options Report.
3/29/02 All parties file reply briefs on Group II topics.
4/12/02 All parties file opening briefs on Group III topics3.
4/22/02 Staff files FSA, Part 4 (Biology, Alternatives).
4/26/02 All parties file reply briefs on Group III topics.

IV. SCHEDULING CONFERENCE

NOTICE is hereby given that matters pertinent to the "Group IV" topics (Biological Resources (including cooling options as mitigation),and Alternatives) will be discussed following conclusion of the March 12-14, 2002 Evidentiary Hearings.

The purposes of this discussion are the same as those specified in the November 9, 2001 Notice of Prehearing Conference and at subsequent Scheduling Conferences. 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 IV" topics.

Following the Scheduling Conference, the Committee will issue a hearing order setting the dates for the remaining filings in the case.

Dated: February 13, 2001



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




ATTACHMENT A

TOPIC and WITNESS SCHEDULE
Revised on February 13, 2002

March 12, 2002 - EVIDENTIARY HEARING

TOPICWITNESSES (Direct Testimony)CROSS EXAMINATION
Air Quality/Public Health
  • Staff4: Badr/Ringer/Odoemelam
    Willey (APCD)
  • CAPE: Soderbeck (45 min)
  • Applicant: (30 min)
  • Staff: (2 hrs)
  • City: (30 min)
  • CAPE: (1 hr)
  • Land Use
  • Applicant: Marckwald/VanBuskirk (30 min)
  • Staff: Walker/Hamlin (20 min)
  • CAPE: unidentified (30 min)
  • City: Powell/Schultz (45 min)
  • Applicant: (30 min)
  • Staff: (30 min)
  • CAPE: (30 min)
  • City: (30 min)

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


    TOPIC and WITNESS SCHEDULE

    March 13, 2002 - EVIDENTIARY HEARING


    TOPICWITNESSES (Direct Testimony)CROSS EXAMINATION
    CONTINUATION OF PRESENTATIONS FROM PRECEEDING DAY IF NECESSARY
    Visual
  • Applicant: Blau/Curfman/
    Poquette/Pollack/Ferber (45min)
  • Staff: Clayton: (30 min)
  • City: Clay (30 min)
  • CAPE: unidentified (15 min)
  • Applicant (30 min)
  • Staff: (30 min)
  • CAPE: (30 min)
  • City: (30 min)
  • Soil and Water
  • Applicant: Mason/Eisenbise/Dentler
  • Staff: Crea, Brocard, Buckley, Henneforth, Thurber, Krolak
  • City: Rohrer (30 min)
  • CAPE: unidentified (30 min)
  • Applicant: (30 min)
  • Staff: (30 min)
  • CAPE: (30 min)
  • City: (30 min)
  • Scheduling Conference

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

    TOPIC and WITNESS SCHEDULE

    March 14, 2002, 2002 - EVIDENTIARY HEARING


    TOPIC WITNESSES (Direct Testimony) CROSS EXAMINATION
    CONTINUATION OF PRESENTATIONS FROM PRECEEDING DAY IF NECESSARY

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




    1Although Air Quality and Public Health were previously designed Group II topics, taking of evidence on these topics was not completed during the February hearings and will be continued to March 12, 2002. Accordingly, the parties will brief the topics of Air Quality/Public Health along will the other Group III topics.

    2For Group III topics, parties will file testimony on Land Use, Visual Resources, and Soil & Water Resources. Parties' Group III testimony should take into account information in Staff's Supplemental Visual Analysis, filed on February 14, 2002. Group IV topics include: Biological Resources (including cooling options), and Alternatives.

    3Air Quality, Public Health, Land Use, Visual, Soil & Water.

    4At the February 6, 2002 evidentiary hearing, Staff completed its direct testimony on Air Quality and Public Health. That hearing was terminated during the cross examination of Staff witnesses by CAPE. We will resume on March 12, 2002 with the continuation of CAPE's cross examination of the Staff witnesses.



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