BEFORE THE ENERGY RESOURCES
CONSERVATION AND DEVELOPMENT COMMISSION
OF THE STATE OF CALIFORNIA
) Application for Certification of ) Duke Energy for the ) Docket No. 00-AFC-12 MORRO BAY Power Plant Project ) ) _______________________________________)
NOTICE OF PUBLIC HEARING
On January 13, 2004, the Executive Director of the California Coastal Commission (CCC) submitted to the Energy Commission, and served on all parties in this case, comments on the Committee's Revised Presiding Member's Proposed Decision (PMPD). In its comments, the CCC states that the Revised PMPD fails to accurately reflect the CCC's findings that the Morro Bay Power Plant Project (Project), with once-through cooling and a Habitat Enhancement Program (HEP), does not conform to applicable Coastal Act policies related to protection of marine biological resources and the City of Morro Bay's Local Coastal Plan (LCP). The Revised PMPD found that the Project does comply with the LCP based upon the City of Morro Bay's determination of compliance and other evidence. However, the CCC comments state that for the purposes of the AFC preceding the CCC findings of non-compliance are binding on the Committee. The CCC requests that the Committee rewrite the Revised PMPD to include the CCC's findings and initiate a consultation process with the CCC to determine whether the alleged non-compliance can be corrected or eliminated.
II. NOTICE OF HEARING
The Committee will conduct a non-evidentiary hearing to receive oral legal argument as follows:
WEDNESDAY MARCH 3, 2004
beginning at 1 p.m.
Hearing Room A
California Energy Commission
1516 Ninth Street
Sacramento, CA 95658
The CCC comment raises three specific issues for the purposes of this hearing.
At this non-evidentiary hearing, the parties (Applicant, Staff, Intervenors, and interested agencies) may present legal argument. A maximum of twenty minutes will be allowed for each party. Parties may reserve a portion of their allotted time for rebuttal argument.
- May the Committee rely on the City's determination of Project conformance with the LCP?
- Can the Energy Commission independently determine whether a project complies with Coastal Act policies or is it bound by the determination of the CCC?
- What are the appropriate legal and conceptual criteria for the Energy Commission to apply in the event that it finds a non-compliance with Coastal Act and LCP policies and must consider an override of Coastal Commission findings pursuant to Public Resources Code section 25525?
A. Public Participation
Members of the public and interested governmental agencies are invited to attend this hearing, and may offer unsworn public comment upon the matters discussed.
The Commission's Public Adviser, Margret Kim, is available to provide information or to assist those interested in participating at this hearing. She may be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail: firstname.lastname@example.org
B. Further Information
If you have a disability and need assistance to participate at this event, please contact Lou Quiroz at (916) 654-5146, at least five days prior to the event you wish to attend. News media inquiries should be directed to Claudia Chandler at (916) 654-4989, or e-mail: email@example.com
Jack Caswell, the Commission's Project Manager, will respond to technical questions concerning the Morro Bay Power Plant Project at (916) 653-0062, or e-mail: firstname.lastname@example.org
Information concerning the status of the project, as well as notices, hearing transcripts, and other relevant documents, is also available 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) 654-3965.
III. HEARING ORDER
Any party wishing to present oral legal argument at the March 3, 2004, hearing shall file briefs as per the filing schedule listed below. Printed copies of briefs shall be filed with the Commission's Docket Unit and served on all parties. In addition, briefs shall be sent via email to the Hearing Officer and all parties of record.
Submittals shall be served upon all parties to this proceeding and the Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received by the Docket Unit 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 public hearing scheduled above.
DATE EVENT February 18, 2004 Parties file opening legal briefs. February 25, 2004 Parties file reply briefs.
In addition, Commission Staff is directed to consult with the CCC to determine whether any non-compliance with the Coastal Act and LCP requirements can be corrected or eliminated.
Dated at Sacramento, California On-line February 5, 2004.
WILLIAM J. KEESE,
Commissioner and Presiding Member
Morro Bay AFC Committee
JAMES D. BOYD,
Commissioner and Member
Morro Bay AFC Committee
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