STATE OF CALIFORNIA
Energy Resources Conservation
and Development Commission
In the Matter of: ) Docket No. 99-AFC-5 ) Application for Certification ) ORDER GRANTING for the Otay Mesa Generating Project ) PETITIONS TO INTERVENE (PG&E Generating) ) -and- FINANCIAL HARDSHIP ---------------------------------)
Upon consideration of the Petition to Intervene and the Financial Hardship Petition filed by Save Our Bay, Inc. (Petitioner), the Committee designated to conduct proceedings in this matter makes the following findings:
- On March 28, 2000, a Petition to Intervene and a Financial Hardship Petition were filed by:
Save Our Bay, Inc.
Wiliam E. Claycomb, President
409 Palm Avenue, Suite 100
Imperial Beach, CA 91932-1121
- The Petition to Intervene was timely filed and contains the information required by section 1207 of the Commission's regulations. (Cal. Code of Regs., title 20, section 1207);
- The Applicant has filed no opposition to said Petition;
- Petitioner's interest is relevant to the proceeding.
- Petitioner desires to participate with the rights and obligations of a party.
- Petitioner's corporate officers are retired on fixed income.
- Petitioner asserts that filing 12 copies of its submittals to the Commission's Docket Unit and serving copies on all parties of record would create an undue financial hardship for the organization.
Section 1209(c) of the Commission's regulations provides that any person submitting written materials in connection with a Commission proceeding shall submit 12 copies to the Docket Unit, unless this requirement would impose an undue burden on such person. [Cal. Code of Regs., title 20, section 1209(c)]. If the undue burden is financial, the Docket Unit shall photocopy and distribute the submitted materials in the normal course. [Ibid.]
Section 1717(a) provides that parties to a siting case are required to file 12 copies of their documents with the Docket Unit and to serve copies on all parties of record. [Cal. Code of Regs., title 20, section 1717(a)]. The Presiding Member may, however, direct the Executive Director to provide such copies and their service on behalf of any party for whom compliance with these service and filing requirements would impose an undue hardship. [Ibid.]
To the extent that the regulations establish a minimum standard to determine undue financial hardship, the standard is simply an assertion by the person seeking assistance that the undue burden is financial. Section 1209(c) provides that "[i]f the undue burden is financial, the letter of transmittal, written material, or comment should so state." [Cal. Code of Regs., title 20, section 1209(c)]. Based on the information contained in the Financial Hardship Petition, the Committee concludes that Petitioner is eligible for financial hardship status.
- The Petition to Intervene is GRANTED. As an Intervenor, Petitioner may exercise the rights and shall fulfill the obligations of a party as set forth in Section 1712 of the Commission's regulations. (Cal. Code of Regs., title 20, section 1712).
- The Financial Hardship Petition is GRANTED. The Intervenor may submit its filings to the Docket Unit in accordance with the deadlines established by the Committee. The Docket Unit shall photocopy 12 copies of any materials filed by the Intervenor and distribute the copies to the Committee and Staff in due course; further, the Executive Director or his designee shall ensure that photocopies of such materials are timely served on all the parties.
Documents shall be mailed to the California Energy Commission Docket Unit, Att: Docket No. 99-AFC-5, 1516 Ninth Street, MS-4, Sacramento, CA 95814-5512. The Docket Unit's fax number is (916) 654-4365 and the email address is: email@example.com
All filings shall include Docket No. 99-AFC-5 on the cover sheet. Documents must be mailed in time for the Docket Unit to receive them by the deadline established for each document.
For further information on how to participate, please contact the Public Adviser at (916) 654-4489 or toll free at (800) 822-6228 or fax at (916) 654-4493 or email at: firstname.lastname@example.org
Staff shall ensure that Petitioner is immediately provided with a copy of the Application for Certification.
Date On-line: April 17, 2000
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
ROBERT A. LAURIE, Commissioner
Otay Mesa AFC Committee
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