In the Matter of: ) Docket No. 99-AFC-5 ) Application for Certification ) ORDER GRANTING for the Otay Mesa Generating Project ) PETITION TO INTERVENE and [PG&E Generating] ) FINANCIAL HARDSHIP PETITION ___________________________________________)
Upon consideration of the Petition to Intervene and Financial Hardship Petition filed by Holly Duncan (Petitioner), the Committee designated to conduct proceedings in this matter makes the following findings:FINDINGS
- On August 9, 2000, Petitioner Holly Duncan filed a Petition to Intervene and Financial Hardship Petition. Petitioner's address is the following:
3838 Mt. Blackburn Avenue
San Diego, CA 92111
- 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, § 1207);
- The Applicant 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; and
- Petitioner asserts that filing 12 copies of her submittals to the Commission's Docket Unit and serving copies on all parties of record would create an undue financial hardship.
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, § 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, § 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 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, § 1209(c)]. Based on the information contained in the Financial Hardship Petition, the Committee concludes that Petitioner is eligible for financial hardship status.ORDER
- 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, § 1712). Petitioner's name and address shall be included on the Proof of Service List.
- Petitioner is not entitled to reopen matters or reopen discovery dealt with in the proceeding prior to the date of this Order, without a showing of good cause. [Cal. Code of Regs., title 20, §1712(a).]
- The Financial Hardship Petition is GRANTED. Petitioner shall submit her documents to the Docket Unit in accordance with the deadlines established by the Committee.
Petitioner's original signed submittals 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. All filings shall include Docket No. 99-AFC-5 on the cover sheet. Documents must be sent in time for the Docket Unit to receive them by the deadline established for each document.
The Docket Unit shall make 12 copies of any materials filed by Petitioner and distribute the copies to the Committee and Staff in due course; further, the Executive Director or his designee shall ensure that copies of such materials are timely served on all the parties.INFORMATION
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
The Executive Director or his designee shall ensure that Petitioner is provided with a copy of the Application for Certification.
Date On-line: August 11, 2000
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
ROBERT A. LAURIE, Commissioner
Otay Mesa AFC Committee
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