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

Notice of Availability of
the Presiding Member's Proposed Decision
and Notice of Committee Conference
and Notice of Commission Hearing


On June 27, 2003, the Committee issued the Presiding Member's Proposed Decision (PMPD) for the Palomar Energy Project. Copies of the PMPD were sent to the Proof of Service List and are also available from the Energy Commission's Publications Unit, 1516 Ninth Street, MS-13, Sacramento, CA 95814. For a printed copy, call the Publications Unit at 916-654-5200 and ask for Publication P800-03-008. The PMPD may also be viewed on the Commission's Internet Web Site at:



PLEASE TAKE NOTICE that the Committee will conduct a public Conference to discuss comments on the PMPD as follows:

Beginning at 2 p.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California 95814
[Wheelchair Accessible]

Teleconference: Governmental agencies and members of the public may participate either in person or via teleconference. For the convenience of those who cannot travel to Sacramento, please call 1-888-462-1974 by 2 p.m. on the day of the Conference. The "conference leader" is Susan Gefter and the "passcode" is Palomar.

Public Comments: Members of the public and governmental agencies may submit written comments on the PMPD. The public comment period ends August 1, 2003. Twelve copies of all comments must be received no later than 5 p.m. on August 1, 2003, by the Energy Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, CA 95814. Identify all comments with "Docket No. 01-AFC-24." Please contact the Energy Commission's Public Adviser as indicated below for information on how to participate.

Required Comments: Applicant, Staff, and Intervenors intending to participate at the Conference shall file written comments on the PMPD. The parties' comments shall be served and filed no later than 12 noon on July 24, 2003. The comments shall also be sent by email to the parties and to the Hearing Officer. Members of the general public wishing to participate at this Conference are encouraged, but not required, to submit their written comments by the same date.

Specific Comments: As stated in the Introduction, we direct the parties to present comments on the following issues related to air quality:

  • The Air District imposed Condition of Certification AQ-32, which establishes emission limits for carbon monoxide (CO) at 4.0 parts per million by volume (ppmv). The record indicates that while the San Diego Air Basin is in attainment for CO, the ambient CO levels have been constant but not decreasing. The parties are directed to clarify why the project's CO emissions should not be limited to 2.0 ppmv, which is the state-of-the-art requirement for gas fired turbine-generators in California, particularly in the South Coast Air District.

  • Staff's proposed Condition AQ-SC11 provides that ammonia emissions (ammonia slip) from each gas-turbine exhaust stack following SCR shall not exceed 5.0 ppmvd (on a dry basis) except during transient hours, when a limitation of 10.0 ppmvd is permitted. Since the number of "transient hours" cannot be predicted, it is possible that transient hours could exceed non-transient hours. Considering that the amount of ammonia slip emitted by the project is a contested issue and in light of both Applicant's and Staff's assertion that estimated ammonia emissions are more conservative than expected during actual operation, the parties are directed to provide alternative language that would limit ammonia slip to 5.0 ppmv under all circumstances.

  • The parties are directed to update Staff's Air Quality Table 16, which is replicated in the Air Quality section of the Decision, to reflect additional data provided during evidentiary hearings with respect to the project's revised NOx emissions cap of 104.3 tons per year (tpy). We also direct Staff to clarify the basis for determining that the project's unmitigated liability for PM10 is 108 tpy.


PLEASE TAKE FURTHER NOTICE that the Energy Commission will conduct a hearing on the PMPD at its regularly scheduled business meeting as follows:

Beginning at 10 a.m.
First Floor Hearing Room A
1516 Ninth Street
Sacramento, CA 95814
[Wheelchair Accessible]

The purpose of the Commission hearing is to consider whether the Energy Commission should adopt the PMPD. Members of the public are invited to participate and offer their comments on the PMPD at the hearing.

Information on Public Participation

For information concerning public participation at the Committee Conference and at the Commission hearing, contact the Commission's Public Adviser, Roberta Mendonca, at 916-654-4489 or, toll free, at 1-800-822-6228; or e-mail: pao@energy.state.ca.us

Media inquiries should be directed to Claudia Chandler at 916-654-4989. If you require special accommodations, contact Lourdes Quiroz at 916-654-5146 prior to the Conference.

Technical questions should be directed to the Commission's Project Manager, Bob Eller, at 916-651-8835, or email: beller@energy.state.ca.us

Questions of a legal or procedural nature should be addressed to Susan Gefter, the Hearing Officer, at 916-654-3893, or email: sgefter@energy.state.ca.us

Schedule for Remainder of Proceedings

  • Comments Due for PMPD Conference
  •   July 24, 2003   12 noon
  • Committee PMPD Conference
  • August 1, 2003 2 p.m.
  • Close of PMPD Comment Period
  • August 1, 2003 5 p.m.
  • Commission Hearing on PMPD
  • August 6, 2003 10 a.m.


    Dated June 27, 2003, at Sacramento, California.

    Commissioner and Presiding Member
    Palomar AFC Committee

    Chairman and Associate Member
    Palomar AFC Committee

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