Order Granting Petition to Intervene
[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission



In the Matter of:                   )      Docket No. 01-AFC-24
                                    )      DATA ADEQUATE
Application for Certification       )      FEBRUARY 6, 2002
PALOMAR ENERGY CENTER               )
BY SEMPRA ENERGY RESOURCES          )
____________________________________)
ORDER DENYING REQUEST TO DELAY
PRELIMINARY STAFF ASSESSMENT

Summary

Intervenor Bill Powers requests the Committee to delay publication of the Preliminary Staff Assessment (PSA) so that Energy Commission staff will have additional time to review data filed by Mr. Powers related to alternative cooling options for the proposed project. The Intervenor's request is DENIED.

Background and Discussion

On August 7, 2002, Mr. Powers submitted a letter requesting that Energy Commission staff perform an alternative cooling options evaluation for the proposed project. Mr. Powers also asked the Committee to delay publication of the PSA to provide Staff additional time to complete the evaluation. In support of his request, Mr. Powers filed several documents asserting that dry cooling technology is more appropriate than the proposed use of recycled water for the project's cooling process.

Staff is expected to publish the PSA on or about August 20, 2002, in accordance with the existing Committee Schedule. Mr. Powers will have an opportunity to file comments and to discuss his views on the project's cooling options and the potential adverse impacts of alternative cooling technologies at public workshops to be scheduled by Staff during the PSA comment period. The Final Staff Assessment (FSA) will include Staff's responses to comments on the PSA.

During evidentiary hearings, Mr. Powers will have the opportunity as an Intervenor to present witnesses, submit documentary evidence, and cross-examine other parties' witnesses on the topics relevant to his concerns.

Since there is ample opportunity in this case for parties to establish an evidentiary record for Committee review, we conclude that Mr. Powers has not established good cause to delay publication of the PSA.

ORDER

Intervenor Bill Powers' request to delay publication of the PSA is DENIED.

Dated August 19, 2002, at Sacramento, California.

_________________________________
JOHN L. GEESMAN, Commissioner
Presiding Member
Palomar AFC Committee




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