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] ) ___________________________________________) 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, OCTOBER 30, 2000
2 p.m. - 5 p.m.
South Board Chambers, Room 358
San Diego County Administration Building
1600 Pacific Highway
San Diego, California 92101
PLEASE ALSO TAKE NOTICE that the Committee has established the following schedule:
ITEM DATE Parties file Status Reports Monday, October 9 Last day to file Petitions to Intervene Monday, October 16 Prehearing Conference statements due Monday, October 23
II. PURPOSE OF PREHEARING CONFERENCE
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 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; and
- Comments on the evidentiary hearing schedule.
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: firstname.lastname@example.org
III. PUBLIC PARTICIPATION
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.
IV. STATUS REPORTS DUE OCTOBER 9, 2000
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:
- Unresolved issues regarding air quality, biological resources; local infrastructure; gas pipeline capacity; and any other pending item; and
- SDG&E Rule 14 and the relevance of the CPUC Resolution Dated October 5, 2000 to the proposed Otay Mesa project.
V. 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 email at: email@example.com
Technical questions concerning the project should be addressed to Eileen Allen, the Commission Staff's Project Manager at (916) 654-4082 or email at: firstname.lastname@example.org
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: email@example.com
Media inquiries should 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, 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
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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