STATE OF CALIFORNIA
Energy Resources Conservation
and Development Commission
In the Matter of: ) Docket No. 99-AFC-4 Application for Certification ) for the Moss Landing Power Plant ) NOTICE OF PREHEARING Project ) CONFERENCE _____________________________________)
I. NOTICE OF PREHEARING CONFERENCE
NOTICE IS HEREBY GIVEN that the Committee designated to conduct proceedings in the above-captioned matter has scheduled a public Prehearing Conference as follows:
MONDAY, MAY 8, 2000
Beginning at 1 p.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth St., Sacramento, California
Purpose of Prehearing Conference
The Prehearing Conference provides an opportunity for the parties and interested agencies to identify which substantive topics in this proceeding are not disputed, which topics require further analysis, and which topics require adjudication at the Committee's evidentiary hearings. (Title 20, Cal. Code of Regs., section 1718.5). Members of the public are encouraged to attend the Conference and may comment on any topic discussed at the Conference.
The Prehearing Conference is a public forum where the Committee will assess the parties' readiness for evidentiary hearings, identify areas of agreement or dispute, and discuss the procedures that are necessary to conclude the certification process. In this regard, the Committee directs the parties to present their respective positions on the matters mentioned above, and to discuss future filing dates for testimony and other evidentiary documents, briefing and comment periods, and other related items reflected in the schedule.
Prehearing Conference Statements
To facilitate the process, each party shall serve and file a Prehearing Conference Statement. The other parties and the Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512, must receive the Statements no later than 5:00 p.m. on Friday, April 28, 2000. Identify these Statements with "Docket No. 98-AFC-4"
Each Statement shall specify:
- The topic areas that are complete and ready to proceed to evidentiary hearings;
- The topic areas that are not complete and not yet ready to proceed to evidentiary hearings, and the reasons therefor;
- The topic areas that remain disputed and require adjudication, and the precise nature of the dispute for each topic;
- The identity of each witness sponsored by each party, the topic area(s) which each witness will present; a brief summary of the testimony to be offered by each witness; qualifications of each witness; and the time required to present direct testimony by each witness;
- Any exhibits or affidavits a party intends to offer into evidence and the technical topics to which they apply; Applicant is directed to submit a draft exhibit list which identifies and numbers each of Applicant's exhibits; and
- Comments on the schedule.
Petitions to Intervene to Become a Formal Party
The Decision on the Moss Landing Power Plant Project will be based on the official record that is developed at the Committee's evidentiary hearings where the parties will present testimony under oath and offer documents as evidence for the record. Only formal parties may present testimony, cross-examine witnesses, and offer evidence at the evidentiary hearings.
Anyone with a legitimate interest relevant to the siting of the proposed project may file a Petition to Intervene with the Committee to become an "Intervenor", or formal party to the proceeding. Party status provides the following rights to Intervenors: the right to present independent testimony and documentary evidence; to receive pertinent documents; and to cross-examine witnesses. Party status also carries certain obligations, which include the duty to comply with Committee orders, procedures, and filing requirements, as well as being subject to cross-examination by other parties.
The Public Adviser's Office will assist any person or organization that is interested in preparing a Petition to Intervene. Commission regulations provide that a Petition to Intervene should be filed at least 30 days prior to the beginning of evidentiary hearings. [Title 20, Cal. Code of Regs., Section 1207(b)]. Petitions to Intervene in this case should be filed no later than the Prehearing Conference on Monday, May 8, 2000. Typically, time extensions for new Intervenors to review existing case materials are not granted after the deadline, since to do so could delay the proceeding.How to Intervene
Those desiring information or assistance in filing a Petition to Intervene or to otherwise participate in this proceeding, please contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or (800) 822-6228 or e-mail at: email@example.com
II. ADDITIONAL INFORMATION
As stated above, individuals desiring information or assistance in filing a Petition to Intervene or to otherwise participate in this proceeding may contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or (800) 822-6228 or e-mail at: firstname.lastname@example.org
Technical questions concerning the projectshould be addressed to Richard Buell, the Commission Staff's Acting Project Manager at (916) 653-1614 or e-mail at: email@example.com
Questions of a legal or procedural nature should be directed to Gary Fay, the Committee's Hearing Officer, at (916) 654-3893 or e-mail at: firstname.lastname@example.org
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or e-mail at: email@example.com
Information concerning the status of the project, as well as notices and other relevant documents, is available on the Energy Commission's Internet homepage at: www.energy.ca.gov/sitingcases/mosslanding
Dated: April 12, 2000
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
WILLIAM J. KEESE, Chairman
Presiding Committee Member
Moss Landing AFC Committee
MICHAL C. MOORE
Associate Committee Member
Moss Landing AFC Committee
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