Morro bay Power Plant
[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission



  ) Docket No. 00-AFC-12
Application for Certification of )  
Duke Energy for the )  
Morro Bay Power Plant Project )  
__________________________________ )  

 

COMMITTEE ORDER IN RESPONSE TO
CAPE MOTION TO REOPEN THE RECORD
- and for -
ADDITIONAL LIMITED WRITTEN COMMENTS

I. BACKGROUND

On June 13, 2003, Intervenor Coastal Alliance on Plant Expansion (CAPE) filed a Petition to Reopen the Record (Petition). In the Petition, CAPE alleges that subsequent to the close of evidentiary hearings concerning aquatic biology, new information has come to light. CAPE requests the record be reopened to permit parties and members of the Committee an opportunity to evaluate the implications of the alleged discrepancy between the estimates of the volume of Morro Bay carried out by Phillip, Williams & Associates and the estimates of bay volume made by Tetra Tech's 1999 report. CAPE states that the 1000 acre-foot discrepancy between the two studies may have significant implications regarding either the magnitude of power plant entrainment impacts or the adequacy of the Habitat Enhancement Plan.

The Committee seeks the views in writing of Staff, Applicant and Intervenors (parties) concerning CAPE's Petition, the comments of the Coastal Commission regarding baseline determinations, and the comments on the Presiding Member's Proposed Decision (PMPD) made by other parties and agencies.

II. ORDER

The Committee directs the parties to file a response to CAPE's Petition to Reopen the Record. The response is due on July 21, 2003. CAPE will have until July 31, 2003 to file and serve its reply to arguments on the Petition. In addition, we direct the parties to brief the Coastal Commission's position, articulated in Attachment-A of its letter to the Committee dated June 13, 2003. It states in part that the Committee's determination of an appropriate "baseline" pursuant to the California Environmental Quality Act (CEQA) is not sufficient for conformity to the Coastal Act. The Committee directs briefs on whether baseline determinations in this case are appropriately determined by the CEC, pursuant to CEQA, or by the Coastal Commission's findings in its 30413(d) report, "...determined through analyzing baseline pursuant to Coastal Act deliberations;" 1.

In addition, the Committee will allow any party to file additional, though limited, comments concerning the PMPD. This opportunity is not for parties to repeat their previous arguments. Rather, such comments shall be limited to 1) comments which the party has not previously submitted either in written or oral form and, 2) comments which address matters raised for the first time by other parties at the June 30, 2003, Committee Conference. Parties must file their legal arguments and comments in writing with the Commission's Docket Unit and must serve them electronically upon all other parties no later than 3 p.m. Monday, July 21, 2003.

 

Further Information

Jack Caswell, the Commission's Project Manager, will respond to technical questions concerning the Morro Bay Power Plant Project at (916) 653-0062, or by e-mail at: jcaswell@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: July 10, 2003




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


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

 

1Letter from Coastal Commission Executive Director Peter Douglas to Committee members William J. Keese and James D. Boyd, dated June 13, 2003, page 6 of 7.

 


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