Morro bay Power Plant
[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 for Mirant )  
Duke Energy's Morro Bay Power ) Application deemed complete
Plant Project ) on January 10, 2001
__________________________________ )  

 

COMMITTEE ORDER DENYING CAPE’S
PETITION FOR RECONSIDERATION
- and -
NOTICE OF HEARING FOR FULL COMMISSION REVIEW

I. COMMITTEE ORDER

On February 25, 2002, an intervenor in the Morro Bay Power Project Application for Certification process, the Coastal Alliance on Plant Expansion (CAPE), filed a request for a subpoena to compel the attendance of Dr. J Phyllis Fox at the March 12, 2002 evidentiary hearing. Duke Energy Morro Bay LLC (Applicant or Duke) and the Commission staff (Staff) both filed separate objections to CAPE’s request. CAPE responded on March 4, 2002, with a Reply Brief. California Unions for Reliable Energy (CURE), which is not a party in this case, filed comments on March 5, 2002, objecting to granting of the subpoena. CAPE responded to those comments on the same day.

On March 6, 2002 the Committee issued an Order denying CAPE’s request for subpoena. On March 12, 2002, CAPE filed a Petition for Reconsideration of the Committee’s Order and on the same day filed a petition seeking review of the Committee Order by the full Commission.

The Committee hereby DENIES CAPE’s Petition for Reconsideration and gives public NOTICE of a hearing before the full Commission to consider CAPE’s Petition for Review as follows:


II. NOTICE OF COMMISSION HEARING (Cal. Code of Regs., tit. 20, § 1754)

NOTICE IS HEREBY GIVEN that the California Energy Commission will conduct a public hearing at a Business Meeting scheduled as follows:

WEDNESDAY, APRIL 17, 2002
Beginning at 10 a.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California
(Wheelchair Accessible)


Any party in the case which intends to address the Commission must submit their written arguments, in advance, to the Commission’s Docket Unit and serve copies on all other parties listed on the proof of service list. Written arguments must be received at the Commission no later than close of business on Wednesday, April 10, 2002. Time for oral argument will be reserved at the Commission hearing for each party filing written argument.


III. PUBLIC PARTICIPATION

Members of the public may attend this hearing and offer public comment on the matters discussed at the hearing. Written comment may also be submitted. The Commission’s Public Adviser, Roberta Mendonca, is available to provide information and to assist the public in participating at the hearing. The Public Adviser can be reached at (916) 654-4489 or toll free at (800) 822-6228 or email at: pao@energy.state.ca.us


IV. 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

Marc Pryor, the Commission’s Project Manager, will respond to technical questions concerning the Morro Bay Power Plant Project 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.

Dated March 21, 2002, at Sacramento, California.


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


JAMES D. BOYD
Commissioner and Associate Member
Morro Bay AFC Committee

 

1When the Committee was forced to interrupt the evidentiary hearing on February 6, 2002, CAPE was in the process of cross-examining members of the Staff panel on air quality and public health. When the hearing resumes on March 12, 2002, CAPE will recommence with its cross-examination of the Staff panel.

 

 


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