[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

In the Matter of:                          )   Docket No. 99-AFC-5
Application for Certification              )   NOTICE OF PREHEARING 
for the Otay Mesa Generating Project       )   CONFERENCE 
[PG&E Generating]                          )   


NOTICE IS HEREBY GIVEN that the Committee designated to conduct proceedings in the above-captioned matter has scheduled a public Prehearing Conference, as follows:

2 p.m. - 5 p.m.
South Board Chambers, Room 358
San Diego County Administration Building
1600 Pacific Highway
San Diego, California 92101
(Wheelchair Accessible)

PLEASE ALSO TAKE NOTICE that the Committee has established the following schedule:

Parties file Status Reports Monday, October 9
Last day to file Petitions to Intervene Monday, October 16
Prehearing Conference statements due Monday, October 23


The Prehearing Conference provides an opportunity for the parties and interested agencies to identify which substantive topics in this proceeding have been resolved, which topics require further analysis, and which topics require adjudication at the Committee's evidentiary hearings. (Title 20, California Code of Regulations, section 1718.5.) Members of the public and representatives of governmental agencies may attend and comment on the topics discussed at this event.

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.

Prehearing Conference Statements

To facilitate the process, each party shall serve and file a Prehearing Conference Statement. The statements must be received by the other parties and the Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512, no later than 5:00 p.m. on Monday, October 23, 2000. Identify these statements with "Docket No. 99-AFC-5."

Each statement shall specify:

Petitions to Intervene to Become a Formal Party

The Decision on the Otay Mesa Generating Project will be based on the official record developed at the evidentiary hearings where the parties will present testimony under oath and offer documents as evidence. Only formal parties may present testimony, cross-examine witnesses, and offer documentary 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, California Code of Regulations, section 1207(b).] Petitions to Intervene in this case must be filed no later than Monday, October 16, 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 Commission's Public Adviser, at (916) 654-4489 or (800) 822-6228 or email at: pao@energy.state.ca.us


Members of the general public are encouraged to attend and provide public comment at the Prehearing Conference. It is not necessary to become an Intervenor in order to participate in the public process. Please contact the Public Adviser for further information on how to participate.


In lieu of a status conference previously indicated for early October in the Third Revised Committee Schedule, the parties are directed to file and serve Status Reports (#9) no later than 5:00 p.m. on Monday, October 9, 2000. In particular, the parties should discuss the following:


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 email at: pao@energy.state.ca.us

Technical questions concerning the project should be addressed to Eileen Allen, the Commission Staff's Project Manager at (916) 654-4082 or email at: eallen@energy.state.ca.us

Questions of a legal or procedural nature should be directed to Susan Gefter, the Committee's Hearing Officer, at (916) 654-3893 or email at: sgefter@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: cchandle@energy.state.ca.us

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/otaymesa

Date On-line: September 28, 2000


ROBERT A. LAURIE, Commissioner
Presiding Member
Otay Mesa AFC Committee

ROBERT PERNELL, Commissioner
Associate Member
Otay Mesa AFC Committee

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