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 of )  
Duke Energy for the ) Application Complete
Morro Bay Power Plant Project ) January 10, 2001
__________________________________ )  

 

NOTICE OF EVIDENTIARY HEARING ON
HABITAT ENHANCEMENT PLAN

I. BACKGROUND

On June 28, 2002, the Committee issued a schedule for the review of Applicant's Habitat Enhancement Plan (HEP). On July 25, 2002, Applicant Duke Energy Morro Bay LLC (Duke) filed Applicant's Notice of Request for Additional Time and Objections to Certain Data Requests. In that filing Duke asked for an extension to file uncontested data requests until August 30, 20021. The extension effectively added 21 days to the case schedule as is reflected in the revised schedule contained in this Notice2.

II. NOTICE OF EVIDENTIARY HEARING

A formal evidentiary hearing will be conducted as follows:

THURSDAY, OCTOBER 17, 20023October 24, 2002
Beginning at 9:00 a.m. and continuing as necessary

Veterans Memorial Building
209 Surf Street
Morro Bay, CA 93442

[Wheelchair Accessible]

At the evidentiary hearings, the parties (Duke, Staff, Intervenors) will present evidence consisting of sworn testimony and exhibits concerning Duke's Habitat Enhancement Plan (HEP).

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 through the pre-filed 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 in advance 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 pre-filed written testimony.

Please note that the Committee will not allow "surprise documents" offered without advance notice to opposing parties. To the extent that such documents contain information not previously filed, they may be subject to a motion to strike.

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 public comments upon the matters discussed. These public comments will be entered into the record of the proceeding and the Committee may rely on them to supplement or explain the sworn testimony given by parties in the case. Public comments by themselves, however, are not sufficient to support a Committee finding of fact or a decision on an issue.

Public comments at the evidentiary hearings may be restricted to only specified matters covered at the hearing. Comments of a general nature may be allowed as time permits. However, you may send written comments to the Committee at any time. Written comments must identify the case as "Docket No. 00-AFC-12", and be sent to the Commission's Docket Unit MS-4, 1516 Ninth Street, Sacramento, CA 95814

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

C. Further Information

If you have a disability and need assistance to participate in the hearing(s), please contact Lourdes Quiroz at (916) 654-5146 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]. Notices, hearing transcripts, and other relevant documents, concerning this project are posted on the Energy Commission's Internet home page at [www.energy.ca.gov/sitingcases/morrobay]

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

III. HEARING ORDER

Submittals must 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, and received no later than 3:00 p.m. on the dates indicated. All materials shall also be served electronically to each party showing an email address on the proof of service list no later than 3:00 p.m. on the dates indicated. Each party is responsible for ensuring that its respective submissions are sent to the Docket Unit and to each party on the proof of service list in a manner designed to be received no later than 3:00 p.m. on the dates indicated. Identify all documents with "Docket No. 00-AFC-12."

The following filing schedule shall apply for the matters related to the Evidentiary Hearing on the HEP.

DATE EVENT
9/20/02 Staff files testimony.
10/7/02 Intervenors file testimony and Duke files rebuttal to Staff testimony.
10/17/02 Evidentiary hearing.
11/8/02 Opening briefs on HEP
11/22/02 Reply Briefs

Dated: September 12, 2002



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


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

 

1The June 28, 2002, Committee Schedule for Review of Applicant's Habitat Enhancement and Aquatic Filter Barrier Proposals called for Duke to file its data responses on August 9, 2002.

2Parties will note that the time for filing opening and reply briefs has necessarily been extended due to delays in the availability of transcripts.

3The Committee anticipates concluding the Evidentiary Hearings by Thursday, October 17, 2002, but has reserved the following day in the event that additional time is required.


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