[California Energy Commission Letterhead]


Energy Resources Conservation
and Development Commission

In the Matter of:                  )       Docket No. 99-AFC-4
Application for Certification      )
for the Moss Landing               )       REVISED COMMITTEE
Power Plant Project                )       SCHEDULING ORDER

This Revised Scheduling Order is based on the Committee's consideration of comments made by Commission staff and Duke Energy Power Services (Applicant) at the Committee-sponsored Status Conference held on February 24, 2000. At that time the parties noted that the Regional Water Quality Control Board has required Applicant to collect additional marine water samples. As a result, final Section 316 studies expected to be completed on March 1, 2000, will be delayed. The parties anticipate that these studies and the draft preliminary National Pollutant Discharge Elimination System (NPDES) permit will be available by April 15. In addition, the final Determination of Compliance (FDOC), scheduled originally for February 11, 2000, is not likely to be filed before April 15, 2000. Other topic areas in the case are not expected to suffer delays.

Due to the anticipated delay in receiving water and air quality information necessary for the Final Staff Assessment (FSA), Staff and Applicant jointly recommended that the Committee adjust the original case schedule issued on October 21, 1999. If the relevant water and air quality information is filed by April 15, 2000, the parties agree that Staff will file its Final Staff Assessment (FSA) on May 15, 2000. Relatively short delays in filing either the water or air quality information will result in a day-for-day "slip" in the FSA filing date.

In stating its agreement to the schedule adjustment, Applicant noted that the project has no intervenors or local residents who oppose it. For this reason, Applicant is optimistic that the case will proceed efficiently after the FSA is filed. Applicant further assumes that the Committee will not need to revise the Presiding Member's Proposed Decision (PMPD) prior to sending it to the full Commission.

Committee Discussion

The Committee Schedule issued on October 21, 1999, contained an initial list of events and the dates on which they must occur in order to complete the certification review in twelve months. Based on the statements made at the Scheduling Conference on February 24, 2000, the delivery dates for critical air and water quality information from other agencies will be delayed from six to eight weeks beyond the dates established in the Committee Scheduling Order. As noted in that Order, the Applicant bears the burden of proof in this proceeding and must be responsible for the timeliness of its own filings as well as those of all other agencies outside the Commission. While recognizing that a delay by an agency other than the Commission staff in filing a required document may result in a necessary extension to the 12-month schedule, the Committee is nevertheless hopeful for a timely conclusion to this case.

Accordingly, the Committee revises its original schedule issued October 21, 1999, thus allowing staff to file the FSA on or before May 15, 2000. However, any delay in receiving the requisite air or water quality reports from outside agencies will only cause a day-for-day "slip" in filing the affected topic area of the FSA. Regardless of delays in receiving air or water quality information, staff will file all other FSA sections on May 15, 2000. Applicant and other parties will file their testimony on that day as well. The Committee anticipates that evidentiary hearings will begin in early June. The parties shall file Status Reports Nos. 6 and 7 on March 17 and April 17, respectively.

Further Information

For information on public participation, contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or (800) 822-6228 or email: pao@energy.state.ca.us. If you require special accommodations in order to participate, contact Robert Sifuentes at least five days before the Conference at (916) 654-5004 or email at: rsifuent@energy.state.ca.us.

Technical questions concerning the project may be addressed to Paul Richins, the Commission Staff's Project Manager at (916) 654-4074 or email at: prichins@energy.state.ca.us.

Legal or procedural questions should be directed to Gary Fay, the Hearing Officer, at (916) 654-3893 or email at: gfay@energy.state.ca.us.

Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or email at: energia@energy.ca.gov.

Information concerning the status of the project is available on the Energy Commission's Internet Website at: www.energy.ca.gov/sitingcases/mosslanding

Date on Line: March 14, 2000


Chairman and Presiding Member
Moss Landing AFC Committee

Commissioner and Associate Member
Moss Landing AFC Committee

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