[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission




In the Matter of:                          )   Docket No. 99-AFC-5
                                           )
Application for Certification              )   NOTICE OF EVIDENTIARY 
for the Otay Mesa Generating Project       )   HEARINGS and
[PG&E Generating]                          )   HEARING ORDER
___________________________________________)

I. NOTICE OF EVIDENTIARY HEARINGS

PLEASE TAKE NOTICE THAT the Committee will conduct formal evidentiary hearings to receive evidence on all aspects of the proposed power plant project. This notice provides information regarding the dates and locations of the hearings to be held November 13, 14, 20, 21, and December 4, 2000, a schedule of witnesses for each topic (Attachment A); dates for filing prepared testimony and exhibits; and the remaining schedule (Attachment B).

When Where
MONDAY, NOVEMBER 13, 2000
Beginning at 1 p.m.
(The hearing may continue all
day into the evening hours.)
SAN DIEGO COUNTY ADMINISTRATION BLDG.
South Board Chambers, Room 358
1600 Pacific Highway
San Diego, California
TUESDAY, NOVEMBER 14, 2000
Beginning at 9 a.m.
(The hearing will end by 5 p.m.)
SAN DIEGO COUNTY ADMINISTRATION BLDG.
South Board Chambers, Room 358
1600 Pacific Highway
San Diego, California
MONDAY, NOVEMBER 20, 2000
Beginning at 3 p.m.
(The hearing may continue into
the evening hours.)
SAN DIEGO COUNTY ADMINISTRATION BLDG.
South Board Chambers, Room 310
1600 Pacific Highway
San Diego, California
TUESDAY, NOVEMBER 21, 2000
Beginning at 9 a.m.
(The hearing will end by 5 p.m.)
SAN DIEGO COUNTY ADMINISTRATION BLDG.
Board Chambers Conference Rooms 302-303
1600 Pacific Highway
San Diego, California
MONDAY, DECEMBER 4, 2000
Beginning at 1 p.m.
Teleconference
Call 1-888-495-9739
Passcode: Otay Mesa (Gefter)
CALIFORNIA ENERGY COMMISSION
Hearing Room B
1516 Ninth Street
Sacramento, California

II. RULING ON MOTION TO EXTEND SCHEDULE

At the Prehearing Conference on October 30, Intervenor Cabrillo Power requested additional time to prepare testimony on the topics of air quality, transmission system engineering, fuel alternatives, and power plant efficiency and reliability related to natural gas supply. Intervenors Holly Duncan and William Claycomb for Save Our Bay joined Cabrillo in the request to extend the schedule.

Cabrillo filed its Petition to Intervene on December 7, 1999, asserting similar issues as the basis for its interest in this case. During the past year, Cabrillo had an opportunity to file data requests, participate in several workshops, and present its views at Committee Status Conferences. The parties were all notified informally of the proposed evidentiary hearing dates to give them time to arrange witness schedules accordingly. Cabrillo and the other intervenors have had sufficient time and notice to prepare for evidentiary hearings on the topics that they wish to contest.

The motion to extend the schedule is Denied. Cabrillo is directed to file prepared testimony, witness qualifications, exhibits, and a description of the areas of cross-examination for each contested topic that was identified by Counsel at the Prehearing Conference. This information shall be docketed and received by all parties no later than noon on Friday, November 9, 2000.

III. BACKGROUND

At the Prehearing Conference, the parties indicated that several topics would be submitted by sworn declaration. Intervenors waived the opportunity to cross-examine on those topics. With respect to the remaining topics, the parties shall present direct testimony and/or cross-examine witnesses.

IV. EVIDENTIARY HEARING PROCEDURES

A. Parties

Prior to the hearings, all parties shall serve and file copies of their proposed exhibits along with written testimony and areas of cross-examination. For hearings on November 13 and 14, these documents must be received by all parties no later than noon on November 9. For the hearings on November 20 and 21, these documents must be received no later than noon on November 17. For the December 4 hearing, documents are due December 1. Any request for additions/changes/substitutions to the hearing schedule in Attachment A must be included in the November 9th filings.

The purpose of evidentiary hearings is to establish the factual record necessary for the Commission to reach a decision on the proposed project. The record is developed by the presentation of oral and written testimony, as well as documentary evidence submitted by the parties. Evidentiary hearings are more structured than the informal workshops and Committee Conferences that have already occurred.

The rules of evidence pertaining to these hearings may be found at Sections 1212-1213 of the Commission's regulations. [title 20, Cal. Code Regs., §§1212, 1213; see also §1702 (h)]. The regulations can be viewed on the Commission's Internet website at: http://www.energy.ca.gov/siting/title20/tofc.html

Declarations shall be filed under penalty of perjury. All live witnesses shall testify under oath or affirmation and will be subject to cross-examination by other parties.

A party sponsoring a witness at the hearings shall briefly establish the expert qualifications of the witness and ask the witness to summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness's direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate. Multiple witnesses may testify as a panel, if warranted.

The Applicant has the burden of presenting sufficient substantial evidence to support the findings and conclusions required for certification of the site and related facilities. [title 20, Cal. Code of Regs., §1748(e)].

B. Public Participation

Members of the public may attend and offer unsworn public comment on the matters discussed at the hearings. These public comments will be entered into the record of the proceeding and may be used to supplement or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.

The Commission's Public Adviser, Roberta Mendonca, is available to provide information and to assist the public in participating at the hearings. If you have questions about the process or how to participate, please contact the Public Adviser at (916) 654-4489 or (800) 822-6228 or email at: pao@energy.state.ca.us

C. Further Information

If you require special accommodations in order to participate, contact Robert Sifuentes at least five days before the first hearing at (916) 654-5004 or email at: rsifuent@energy.state.ca.us News media inquiries should be addressed to Claudia Chandler, Assistant Executive Director for media and public communications at (916) 654-4989 or email at: energia@energy.ca.gov

Technical questions should be directed to Eileen Allen, the Staff's Project Manager at (916) 654-4082 or email at: eallen@energy.state.ca.us Legal or procedural questions should be addressed to Susan Gefter, the Hearing Officer at (916) 654-3893 or email at: sgefter@energy.state.ca.us

Information concerning the status of the project, as well as notices and other relevant Commission documents, may be found on the Energy Commission's Internet website at: www.energy.ca.gov/sitingcases/otaymesa

V. HEARING ORDER

The record shall be closed at the conclusion of evidentiary hearings on December 4, 2000. The Presiding Member's Proposed Decision (PMPD) will be based on the evidentiary record established during the hearings. There is a 30-day comment period on the PMPD during which the parties may file comments and request clarifications. If any party seeks substantive revisions to the PMPD that would require reopening the record, additional evidentiary hearings may be necessary, including at least 10 days notice, additional briefing time, and an additional comment period of 15 days after a Revised PMPD is issued. If revisions are not substantive, the Committee may incorporate such revisions as Errata to the PMPD and present those recommendations to the full Commission without releasing a Revised PMPD.

All filings shall be served upon all parties and the Energy Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512. Each party is responsible for ensuring that its respective submittals are received no later than 12:00 noon on the dates indicated.



Date On-line: November 2, 2000



ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION



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


ROBERT PERNELL
Commissioner and Associate Member
Otay Mesa AFC Committee




ATTACHMENT A
TOPIC and WITNESS SCHEDULE

The parties shall present witnesses in person for topics with asterisks (*);
otherwise, the parties may submit sworn declarations.

MONDAY, NOVEMBER 13, 2000
San Diego County Administration Bldg., Room 358
Beginning at 1 p.m.

Topic Witnesses
Project Description* Applicant: Sharon Segner, Al Williams
Staff: Eileen Allen
Need Conformance Applicant: Statement of Counsel
Staff: Statement of Counsel
Alternatives* Applicant: Sharon Segner, Bill
Chilson, James Filippi, Charles Spinks
Staff: Eileen Allen, Art Soinski
Save Our Bay: William Claycomb
Cabrillo: unknown
Transmission Line Safety and
Nuisance
Applicant: Gordon Ormsby
Staff: Obed Odoemelam
Geological/Paleontological Resources Applicant: Al Williams, Brian Hatoff
Staff: Robert Anderson
Cultural Resources Applicant: Brian Hatoff
Staff: Gary Walker, Dorothy Torres
Hazardous Materials Applicant: David Marks
Staff: Rick Tyler
Waste Management Applicant: David Marks
Staff: Obed Odoemelam
Visual Resources Applicant: Larry Headley
Staff: David Flores
Noise Applicant: Bill Magdych
Staff: Kisabuli
Worker Safety/Fire Protection Applicant: Denise Clendenning
Staff: Terri Wallace
Socioeconomics Applicant:Shabnam Barati
Staff: Amanda Stennick

TUESDAY, NOVEMBER 14, 2000
San Diego County Administration Bldg., Room 358
Beginning at 9 a.m.

Topic Witnesses
Facility Design* Applicant: Al Williams
Staff: Steve Baker
Cabrillo: cross-examination
Transmission System Engineering*
(Cal-ISO)
Applicant: Gordon Ormsby, J. Filippi
Staff: Linda Davis, L. Tobias (Cal-ISO)
SDG&E: Two witnesses
Cabrillo: Robert Weatherwax
Power Plant Efficiency and Reliability*
(gas supply issues)
Applicant: Al Williams, Eric Eisenman
Staff: Steve Baker, Bill Wood
SDG&E: Two witnesses
Cabrillo: Robert Weatherwax
Alternatives*
(dual fuel options)
Applicant: Al Williams
Staff:Eileen Allen
SDG&E:unknown
Cabrillo: cross-examination

MONDAY, NOVEMBER 20, 2000
San Diego County Administration Bldg., Room 310
Beginning at 3 p.m.

Topic Witnesses
Biological Resources*
(USFWS & CDFG)
Applicant: Bill Magdych
Staff: Rick York
Holly Duncan: cross-examination
Soils and Water Resources*
(recycled water)
Applicant: Robert Ray, Nancy Gardiner
Staff: Lorraine White, Water District
Holly Duncan: cross-examination
Continuation of Power Plant Efficiency
and Reliability*, if necessary
(gas supply issues)
Applicant: Al Williams
Staff: Steve Baker (if necessary)
Cabrillo: Robert Weatherwax

TUESDAY, NOVEMBER 21, 2000
San Diego County Administration Bldg., Rooms 302-303
Beginning at 9 a.m.

Topic Witnesses
Air Quality*
(including effects of fuel oil
combustion in the event of
natural gas curtailment)
Applicant: Perry Fontana, Air District
Staff: Matt Layton
Holly Duncan: cross-examination
Save Our Bay: cross-examination
Cabrillo: Gary Rubenstein
Public Health* Applicant: John Koehler
Staff:Obed Odoemelam
Holly Duncan: cross-examination
Save Our Bay:cross-examination

MONDAY, DECEMBER 4, 2000
Sacramento, California Energy Commission, Hearing Room B
Teleconference: 1-888-495-9739 Pass Code: Otay Mesa (Gefter)
Beginning at 1 p.m.

Topic Witnesses
Land Use*
(including growth inducement)
Applicant:Krista Bartsch
Staff: Eric Knight
Holly Duncan: cross-examination
Traffic and Transportation* Applicant:Charles Smith
Staff: Jim Adams
Compliance
(may be submitted by declaration)
Applicant: Bill Chilson, Terrence Gault
Staff: Jeri Zene Scott
Remaining issues Applicant: Sharon Segner, Bill Chilson
Staff: Eileen Allen
Intervenors



ATTACHMENT B
COMMITTEE SCHEDULE FOR REMAINDER OF PROCEEDING

DATE EVENT
November 9, 17, Dec 1
(to be received by all
parties at noon)
All parties file prepared testimony, provide copies
of exhibits, and areas of cross-examination
for hearings
November 13, 14, 20, 21,
and December 4
Evidentiary hearings according to schedule
shown in Attachment A
December 11 Parties file opening briefs, if necessary;
note that the Committee may change the briefing
schedule during the course of the hearings
To Be Scheduled Committee issues Presiding Member's Proposed Decision (PMPD)
and Notice of Committee Conference [30-day review]
To Be Scheduled *Parties file written comments on PMPD
To Be Scheduled *Committee Conference on PMPD; parties submit
errata or other clarifications
To Be Scheduled *Close of comment period on PMPD
To Be Scheduled *Committee issues Revised PMPD, if necessary
To Be Scheduled *15-day comment period on Revised PMPD,
if necessary
To Be Scheduled *Commission consideration of PMPD
* These events will be noticed separately.



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