BEFORE THE STATE OF CALIFORNIA
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
APPLICATION FOR CERTIFICATION ) DOCKET NO. 01-AFC-24 OF THE ) DATA ADEQUATE PALOMAR ENERGY PROJECT ) FEBRUARY 6, 2002 BY SEMPRA ENERGY RESOURCES ) _____________________________________)
COMMITTEE SCHEDULING ORDER
On February 6, 2002, the Energy Commission found the Application for Certification (AFC) was data adequate for the twelve-month review process established by Public Resources Code section 25540.6. The Energy Commission designated this Committee of two Commissioners to conduct proceedings. On March 21, 2002, we conducted a public informational hearing in Escondido to discuss the schedule and other issues of concern. Energy Commission staff proposed a twelve-month schedule and Applicant agreed with the proposal.
We base the following Scheduling Order on the proposed schedule and related discussion at the hearing.
The Committee schedule contains a list of events that must occur in order to complete certification review in twelve months. This initial schedule covers the period up to the Prehearing Conference. The balance of the schedule will be determined at the Prehearing Conference.
Several deadlines are contingent upon reviews to be conducted by federal, state, and local agencies. Applicant shall provide sufficient review time for the responsible agencies to meet the deadlines specified in the schedule.
Several technical issues requiring data responses are pending review by the City of Escondido in preparation of its final environmental impact report (FEIR) for the Escondido Research and Technology Center (ERTC) Specific Plan Amendment. These issues include the Biological Mitigation and Monitoring Plan, the Waste Management Plan, visual resources mitigation, traffic impacts mitigation, and the Stormwater and Erosion Prevention Plan. The parties indicate that resolution of these issues will be coordinated with analyses contained in the city's FEIR, which is expected to be published in early September. We are tentatively scheduling the Prehearing Conference in mid-September; however, the parties are on notice that this schedule is an optimistic estimate of case development.
COMMITTEE SCHEDULE FOR THE PALOMAR ENERGY PROJECT
(see Revised Scheduling Order)
DATE 2002 EVENT Feb 6 AFC data adequate Mar 8 Staff files 1st set of data requests Mar 18 Applicant requests additional time to file data responses and files objections to data requests Mar 21 Committee conducts Informational Hearing April 8 Applicant files 1st set of data responses Mid April Staff conducts data response/issue workshop April 22 Parties file status reports #1 Late April Staff files 2nd set of data requests May 8 Applicant files PM10 mitigation plan May 22 Parties file status reports #2 Late May Applicant files 2nd set of data responses Late May Staff conducts data response/issue workshop Early June Applicant files Preliminary Determination of Compliance (DOC) from the Air District Mid June Applicant files data responses re Visual Resources and the Stormwater and Erosion Control Plan June 21 Parties file status reports #3 Early July Staff files Preliminary Staff Assessment (PSA) Mid July Committee Status Conference Late July Staff conducts PSA workshops Early August Applicant files Final DOC from the Air District August 21 Parties file status reports #4 Early Sept City of Escondido's Final EIR for the ERTC Specific Plan Amendment is available;
City adopts ERTC Specific Plan Amendment
Early Sept Applicant provides Biological Mitigation and Monitoring Plan Mid-Sept Staff files Final Staff Assessment (FSA) Mid-Sept Prehearing Conference after City adopts ERTC Specific Plan Amendment
We may modify the schedule at any time upon either our own motion or that of a party. [Tit. 20, Cal. Code Regs., ¤ 1709(c)]. The schedule requires periodic status reports to determine whether case development is progressing satisfactorily, and to bring potential schedule delays or other relevant matters to our attention. If Applicant does not provide necessary information by the dates set forth in the schedule, we shall adopt a performance approach that would result in a commensurate slip in the balance of the schedule.
We are particularly concerned that the AFC schedule could be delayed by the ERTC Specific Plan Amendment process. We direct the parties to include updates on issues related to the Specific Plan in their periodic status reports to the Committee. Further, we will conduct Status Conferences as necessary to monitor progress on the land use issues or any other issues that may affect the schedule.
Dated March 29, 2002, at Sacramento, California.
ROBERT A. LAURIE
Commissioner and Presiding Member
Palomar AFC Committee
WILLIAM J. KEESE
Chairman and Associate Member
Palomar AFC Committee
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