[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                    )     Application Complete
Morro Bay Power Plant Project          )      
                                       )       January 10, 2001
                                       )      
_______________________________________)        


ORDER RE: CAPE'S PETITION TO COMPEL DATA REPONSES

On August 9, 2002 intervenor Coastal Alliance on Plant Expansion (CAPE) filed a "Petition for Order Directing Duke to Respond to Data Requests Propounded by Coastal Alliance on Plant Expansion" (Petition). In the Petition, CAPE requests we direct Duke Energy North America (Applicant or Duke) to provide information specified in certain previous data requests. Applicant has objected to providing the information sought on various grounds1.

Prior to ruling on CAPE's Petition, the Committee directs Energy Commission staff (Staff) to provide impartial technical support to aid the Committee. Specifically, the Committee directs Staff biologists to provide comment based on their technical expertise and experience. Comments should address Applicant's objections and CAPE's responses regarding the 14 data requests still in dispute. In addition, in accordance with section 1716 (g) of Commission regulations [Cal. Code of Regs., title 20, section 1716 (g)], Staff shall indicate which, if any, of the data identified in CAPE's Petition Staff has available.

The Staff submittal must be served on all parties and filed with the Commission's Docket Unit no later than 3:00 p.m. on Friday, August 16, 2002.

Dated August 13, 2002, at Sacramento, California.

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

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

1   On July 15, 2002 CAPE submitted 61 data requests regarding Applicant's proposed Habitat Enhancement Plan (HEP). Applicant filed objections to answering 21 of the data requests on July 25, 2002. CAPE's Petition requests the Committee direct Applicant to answer 14 of the data requests.



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