Order Denying Petition for Committee Workshop
[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

In the Matter of:                   )      Docket No. 01-AFC-24
                                    )      DATA ADEQUATE
Application for Certification       )      FEBRUARY 6, 2002


PLEASE TAKE NOTICE that the Energy Commission has designated a Committee of two Commissioners to conduct proceedings on the Application for Certification of the Palomar Energy Project. The Committee has scheduled a Site Visit and Prehearing Conference as follows:

Site Visit begins at 1 p.m.
Public Informational Hearing begins at 2:30 p.m.

California Center for the Arts
Escondido Conference Center Salon #1
(Adjacent to Escondido City Hall)
340 N. Escondido Blvd.
Escondido, California 92025

[Wheelchair Accessible]
[see map]

Prior to the Conference, members of the public are invited to join the Committee on a tour of the proposed site, beginning at 1 p.m., in the Conference Center parking lot. The Applicant will provide bus transportation from the parking lot to the site, which is about 5 miles from the Conference Center. Please contact the Energy Commission's Public Adviser to make bus reservations by calling 1-800-822-6228 or email: [pao@energy.state.ca.us]. Bus reservations are necessary to accommodate those who wish to participate in the site visit. Following the site visit, we will return to the Conference Center to convene the Prehearing Conference at 2:30 p.m.

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

Item Date
Last Date for Petitions to Intervene February 28, 2003 (12 noon)
Prehearing Conference Statements Due March 6, 2003 (12 noon)

Purpose of Prehearing Conference

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 remaining schedule and procedures necessary to conclude the certification process. (Cal. Code of Regs., Tit. 20, §1718.5.)

At the Prehearing Conference, all parties (Staff, Applicant, and Intervenors) shall present their respective positions regarding: the substantive topic areas ready for evidentiary hearings; those that require further analysis, including the nature of, and timeframe for, any such analysis; the topic areas that have been resolved; and the topic areas that are disputed and require adjudication. The parties shall also identify proposed witnesses, as well as the time required for direct testimony and/or cross-examination.

Local, state, and federal governmental agencies may participate as necessary. (Cal. Code of Regs., tit. 20, § 1714.5.)

Prehearing Conference Statements

To facilitate the process, each party shall serve and file a Prehearing Conference Statement. The statements shall be received by the other parties and the Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512, no later than 12 noon on March 6, 2003. Identify the statements with "Docket No. 01-AFC-24." In addition to providing printed copies, the parties shall email their statements to the Hearing Officer and to those with email addresses as reflected on the Proof-of-Service list.

Each statement shall specify:

  1. The topic areas that are complete and ready to proceed to evidentiary hearings;

  2. The topic areas that are not complete and not yet ready to proceed to evidentiary hearings, and the reasons therefor;

  3. The topic areas that remain disputed and require adjudication, and the precise nature of the dispute for each topic;

  4. 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;

  5. Topic areas upon which a party desires to cross-examine witness(es), a summary of the scope of such cross-examination, and the time desired for such cross-examination;

  6. A list identifying exhibits and declarations that each party intends to offer into evidence and the technical topics to which they apply;

  7. Proposals for hearing dates, briefing deadlines, vacation schedules, and other scheduling matters;

  8. Specific items required in the Prehearing Conference Statements:

    1. Regarding Biological Resources, Applicant shall submit an update on the implementation of mitigation measures contained in the City of Encondido's Environmental Impact Report (EIR) for the Escondido Research and Technology Center (ERTC) related to gnatcatcher habitat. Applicant shall also indicate the status of its Biological Resources Mitigation Implementation and Monitoring Plan.

    2. Regarding Air Quality, Applicant shall submit a complete offset package, approved by the San Diego Air Pollution Control District, identifying the sources for the emission reduction credits (ERCs), the required ratios, and the amounts mitigated for each criteria pollutant.

    3. Regarding Soil and Water, Applicant shall submit a "Will Serve" letter from the City of Escondido showing that the Hale Avenue Resource Recovery Facility (HARRF) will reliably supply the project's water demand. Applicant shall also provide the status of the Escondido Regional Recycled Water Project (ERRWP) upgrade that is intended to increase production of tertiary treated recycled water.

    4. Staff shall rewrite the proposed Conditions of Certification for Soil and Water.

      • Condition SOIL&WATER-1 refers to "construction of the entire project." Does this refer to the PEP or to the ERTC?
      • SOIL&WATER-1 through 4: identify the name of the Regional Water Quality Control Board and specify the jurisdiction covered by the General NPDES permits for storm water discharge in this case.
      • There is no proposed Condition for wastewater discharge. Staff shall either draft a Condition on wastewater discharge or indicate why it is not necessary. Is compliance with a NPDES permit required for wastewater discharge or is compliance with the City's Industrial User permit sufficient?
      • SOIL&WATER-4 should indicate a Protocol and/or include the requirements in the Verification. The statement "the SMP shall address all issues detailed in the Staff Recommended Mitigation section of this FSA" is unenforceable and shall be rewritten to specify the measures intended.
      • SOIL&WATER-5 shall contain the proper citation for "Title 22."
      • The first two sentences in SOIL&WATER-6 are unenforceable and confusing and shall be rewritten or deleted.

  9. For all topics, the parties shall review all proposed Conditions of Certification for enforceability, comprehension, and consistency with the evidence, and submit any proposed modifications; and

  10. Regarding the EIR for the ERTC, Applicant shall provide a table showing how mitigation requirements contained in the EIR overlap with mitigation proposed in the Final Staff Assessment for each topic.

Petitions to Intervene to Become a Formal Party

The Energy Commission's Decision on the Palomar Energy Project will be based on the official evidentiary record developed at the Committee's Evidentiary Hearings, which will be scheduled at the Prehearing Conference. Only formal parties may present evidence at the Evidentiary Hearings.

Anyone with a legitimate interest in the Palomar project may file a Petition to Intervene and become a formal party. At the Evidentiary Hearings, a formal party may offer testimony and documentary evidence, receive documents filed by other parties, and cross-examine witnesses. However, a formal party must also comply with Committee orders, procedures, and filing requirements, and is subject to discovery and having its own witnesses cross-examined by other parties.

Petitions to Intervene in this case shall be filed no later than 12 noon on February 28, 2003. Typically, time extensions for new Intervenors to review existing case materials are not granted after the date of the Notice of Prehearing Conference (in this case February 5, 2003) since to do so could delay the proceeding.

How to Intervene

The Energy Commission's Public Adviser will assist any person or organization interested in preparing a Petition to Intervene. Those desiring information or assistance in filing a Petition to Intervene may contact Roberta Mendonca, the Public Adviser, at 916-654-4489 or 800-822-6228 or email at: [pao@energy.state.ca.us].

Public Participation

Members of the general public are welcome to attend and provide public comment at the Prehearing Conference and the Evidentiary Hearings. It is not necessary to be an Intervenor to participate in the public process. Those desiring information on how to participate may contact the Public Adviser as indicated above.

Additional Information

Technical questions concerning the project should be addressed to Bob Eller, the Staff Project Manager, at (916) 651-8835 or e-mail at: [beller@energy.state.ca.us].

Questions of a legal or procedural nature should be directed to Susan Gefter, the Hearing Officer, at (916) 654-3893 or e-mail at: [sgefter@energy.state.ca.us].

If you have a disability and need assistance to participate in this event, contact Lourdes Quiroz at 916-654-5146 or e-mail at: [lquiroz@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 e-mail at: [energia@energy.ca.gov].

Information concerning the status of the project, notices, and other relevant documents are posted on the Energy Commission's Internet web page at: [www.energy.ca.gov/sitingcases/palomar].

Dated February 5, 2003, at Sacramento, California.

Commissioner and Presiding Member
Palomar AFC Committee

Chairman and Associate Member
Palomar AFC Committee

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