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                                      )     
  APPLICATION FOR CERTIFICATION       )	  DOCKET NO. 06-AFC-5
  PANOCHE ENERGY CENTER	              )   	
                                      )     
  ____________________________________)

NOTICE OF AVAILABILITY OF THE PRESIDING MEMBER'S PROPOSED DECISION
AND NOTICE OF COMMITTEE CONFERENCE AND NOTICE OF COMMISSION HEARING

I. NOTICE OF AVAILABILITY

On November 14, 2007, the Committee issued the Presiding Member's Proposed Decision (PMPD) for the Panoche Energy Center Project (PEC). Copies of the PMPD have been sent to the Proof of Service list. The PMPD may be viewed on the Commission's internet website at: www.energy.ca.gov/sitingcases/panoche/. For a printed copy, call the Publications Unit at 916-654-5200, and ask for Publication No. CEC 800-2007-004-PMPD. The public comment period on the PMPD ends December 14, 2007.


II. NOTICE OF COMMITTEE CONFERENCE AND
REOPENING OF EVIDENTIARY RECORD

PLEASE TAKE NOTICE that the Committee will conduct a public conference on the PMPD as follows:

WEDNESDAY, December 12, 2007
Beginning at 3:30 p.m.
California Energy Commission
First Floor Hearing Room B
1516 Ninth Street
Sacramento, CA 95814
[Wheelchair Accessible]

TELECONFERENCE OPTION: The following toll free phone number will be available for callers to participate in the Committee Conference:

Call: 1-888-790-1641
Passcode: Panoche
Conference Leader: Paul Kramer

The purpose of the conference is to consider oral and written comments on the PMPD from the parties, governmental agencies, and members of the public. Parties in this case shall submit their comments to the Docket Unit and via e-mail to the Hearing Officer and to the Proof of Service list no later than 4 p.m. on Monday, December 10, 2007. Member of the public and agency representatives are encouraged to submit their comments prior to the Committee Conference but they may submit them after the Conference so long as they are received in the Energy Commission Docket Unit (MS-15, 1516 Ninth Street, Sacramento, CA 95814 or email: Docket@energy.state.ca.us) prior to 5 p.m. on Friday, December 14, 2007. Identify all comments with "Docket No. 06-AFC-5."

During the Committee Conference, the Committee will reopen the evidentiary record to consider admitting into evidence several documents that the Committee or the parties have prepared or obtained following the October 10 evidentiary hearing and to take any additional testimony that is relevant to the matters before the Committee.

Attachment A to this Notice describes aspects of the PMPD which the Committee wants to call to the attention of the parties and public for possible comment and discussion at the Committee Conference. It is not intended to limit the scope of comments or discussion but merely to highlight the identified aspects.


III. NOTICE OF ENERGY COMMISSION HEARING

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

WEDNESDAY, December 19, 2007
Beginning at 10:00 a.m.

California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, CA 95814

The purpose of this hearing is to consider whether the Energy Commission should adopt, modify, or reject the PMPD. Members of the public may participate and offer oral and written comments on the PMPD. Paper or electronic copies of all written comments must be received no later than 12 Noon on Tuesday, December 18, 2007, by the Energy Commission Docket Unit (MS-15, 1516 Ninth Street, Sacramento, CA 95814 or email: Docket@energy.state.ca.us). Identify all comments with "Docket No. 06-AFC-5." Parties in the case shall submit comments by 12 Noon on December 18, 2007, as noted above.

Public Participation

For information on how to participate at the Committee conference and at the Commission Hearing, contact the Commission's Public Adviser's Office at 916-654-4489, or toll free at 1-800-822-6228; or e-mail: pao@energy.state.ca.us. If you have a disability and need assistance in order to participate, contact Lourdes Quiroz at 916-654-5416, at least 5 days prior to the public event you wish to attend.

Technical questions concerning the Project should be addressed to James Reede, the Staff's Project Manager, at 916-653-1245, or e-mail at: jreede@energy.state.ca.us.

Questions of a legal or procedural nature should be directed to Paul Kramer, the Hearing Officer, at 916-654-5103, or e-mail at: pkramer@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: mediaoffice@energy.state.ca.us.

Information about the Project, including notices and other relevant documents, will be posted on the Energy Commission's internet webpage at: www.energy.ca.gov/sitingcases/panoche/.

Dated November 14, 2007, at Sacramento, California.



Date Posted: November 21, 2007 ENERGY RESOURCES CONSERVATION AND
DEVELOPMENT COMMISSION


JEFFREY D. BYRON, Commissioner,
Presiding Committee Member
Panoche AFC Committee


JAMES D. BOYD, Vice Chair,
Associate Committee Member
Panoche AFC Committee



ATTACHMENT A

COMMITTEE HIGHLIGHTED ASPECTS OF THE PMPD

Air Quality Table 1 describes the status of ARB's revised and new NO2 standards as of the time of the FSA's release. We direct the parties to provide an update of that rulemaking's status.

Cultural Conditions: As is explained in the Cultural Resources discussion, we truncated the phrase "prior to the start of preconstruction site mobilization, construction ground disturbance, construction grading, boring and trenching, and construction" to "prior to the start of preconstruction site mobilization" wherever it appears in the Cultural Conditions as a timing standard. In doing so, we did not intend to affect the meaning of the timing requirement. We invite the parties to point out any unintended consequences of this change.

NOISE-5: The Staff's conclusion that construction noise will not significantly affect sensitive receptors at location ML2 appears to assume that the residents at that location will be relocated prior to the start of construction. Condition NOISE-5 as drafted by Staff did not require the relocation until prior to the first turbine startup, which would occur after much, if not all, of the noisy construction activities occurred. The Applicant's agreement to relocate the residents contains a similar timing provision. (Ex. 51.) In order to conform the requirement to Staff's testimony, we revised NOISE-5 to require the relocation prior to the start of noisy construction activities.

TRAFFIC: We understand that the parties in the Starwood-Midway AFC proceeding (06-AFC-10) are proposing to stipulate to the adoption of certain measures to enhance protection of children using the school bus that travels West Panoche to the east and west of the PEC site and has a pick up and drop off area in the vicinity of the site. We invite the parties to consider whether a similar requirement for the PEC project is appropriate and, if so, to propose appropriate Condition(s) in their PMPD comments.

California Building Code: As the parties agreed during the evidentiary hearing, we have changed all references to the 2001 building codes to the 2007 versions, excepting the General Electric supplied equipment (see GEN-1). We have not verified that the individual building code sections and section titles contained in some of the references, keyed to the 2001 version, continue to apply to the 2007 version, and direct the parties' attention to making those verifications and providing any corrections in their comments.

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