STATE OF CALIFORNIA
Energy Resources Conservation
and Development Commission
In the Matter of: ) Docket No. 99-AFC-5 ) Application for Certification ) REVISED COMMITTEE for the Otay Mesa Generating Project ) SCHEDULING ORDER (PG&E Generating) ) ______________________________________)
On November 29, 1999, the Committee issued a Scheduling Order based on a twelve-month certification period. The schedule anticipated that Staff would release its Preliminary Staff Assessment (PSA) on March 21, 2000. In February, 2000, the parties filed status reports (No. 3) indicating that several pending issues related to air quality, transmission system engineering, biological resources, land use, and potential environmental justice concerns would not be resolved in time for Staff to complete the PSA according to the schedule. On March 2, 2000, the Committee conducted a Status Conference to determine, inter alia, whether the schedule should be modified.
At the Status Conference, the Applicant described its efforts to obtain mobile emission reduction credits (MERCs). The San Diego Air Pollution Control District is in the process of developing guidelines for administration of MERCs. This process includes receipt of guidance letters from the U.S. Environmental Protection Agency (docketed March 15, 2000) and from the California Air Resources Board (pending). The Committee schedule originally anticipated the District's Preliminary Determination of Compliance (PDOC) would be released in early February. Based on discussions at the Status Conference, the PDOC release date has been slipped pending approval of the MERC program and the Applicant's proposed MERC package. Staff and Applicant formally stipulated on the record that Staff's air quality analysis would subsequently slip 45 days after release of the PDOC.
On March 17, 2000, the parties filed status reports (No. 4) indicating that information regarding biological resources and land use issues should be resolved by the end of April. Transmission system engineering (TSE) issues will be clarified sufficiently by the end of April to allow Staff to complete a preliminary TSE analysis pending the results of San Diego Gas & Electric's (SDG&E) Transmission Facilities Study and the California Independent System Operator's (Cal-ISO) comments on the Study. The parties also anticipate that potential environmental justice concerns will be addressed by the end of April.
Consequently, Staff proposes to file the PSA on May 1, 2000, which will include all topics except for air quality. The parties agree that the PSA section on air quality will be filed 45 days after the PDOC is released, resulting in a 45-day slippage in the overall project schedule.
There are several caveats attached to this proposal. Preparation of the draft Biological Resources Mitigation Implementation and Monitoring Plan (BRMIMP) may not be completed in time to meet Staff's deadline for PSA publication. Further, potential environmental justice issues related to international relations with Mexico may not be identified within the proposed timeframe. Additionally, Staff's TSE analysis could be modified depending on the results of the Transmission Facilities Study and Cal-ISO's comments. The Committee believes these contingencies may further delay the project schedule beyond the 45-day slippage described above.
Accordingly, the Committee hereby adopts a performance schedule that incorporates the 45-day schedule slippage and imposes a day-for-day slippage for any additional delays in the Applicant's submittal of information necessary to complete the PSA and the Final Staff Assessment (FSA). Further, the Committee directs Staff to include in the FSA its responses to comments on the PSA and to indicate the reasons for changes in any analyses, as appropriate.
The Committee Schedule is REVISED as follows:
II. REVISED COMMITTEE SCHEDULE
Key Event Date (2000) Applicant files SDG&E's Transmission Facilities Study Early April San Diego County Board of Supervisors meets to resolve local infrastructure issues related to the project April 12 Parties file Status Reports (No. 5) April 19 Potential environmental justice issues are identified and addressed (including international relations with Mexico) mid to late April Cal-ISO comments on Facilities Study Late April - early May Staff files Preliminary Staff Assessment (PSA), except for air quality May 1 Staff conducts PSA workshops mid to late May Applicant files PDOC from Air District mid to late May Staff files PSA section on air quality 45 days after PDOC released Parties file Status Reports (No. 6) May 25 Prehearing Conference or Status Conference, if necessary mid to late June
The revised schedule does not anticipate dates beyond the Prehearing Conference because it would be speculative at this time. The Committee will entertain a motion to revisit the schedule after the PDOC has been released and the Staff has filed its PSA section on air quality.
For information on public participation, please contact the Commission's Public Adviser, Roberta Mendonca, at (916) 654-4489 in Sacramento, or toll free at (800) 822-6228, or email: email@example.com
Technical questions concerning the project may be addressed to Eileen Allen, the Commission Staff's Project Manager at (916) 654-4082 or email at: firstname.lastname@example.org
Legal or procedural questions should be directed to Susan Gefter, the Hearing Officer, at (916) 654-3893 or email at: email@example.com
Media inquiries may be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or email at: firstname.lastname@example.org
Information concerning the status of the project is available on the Energy Commission's Internet Webpage at: www.energy.ca.gov/sitingcases/otaymesa
Date On-line: March 23, 2000
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
ROBERT A. LAURIE, Commissioner
Otay Mesa AFC Committee
ROBERT PERNELL, Commissioner
Otay Mesa AFC Committee
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