[California Energy Commission Letterhead]

STATE OF CALIFORNIA

Energy Resources Conservation
and Development Commission



In the Matter of: ) Docket No. 99-AFC-7
  )  
Application for Certification ) ORDER GRANTING LIMITED
for the Pastoria Energy Facility ) PURPOSE INTERVENTION
(Enron North America Corp.) )
_____________________________________________ )

Upon consideration of the Petition to Intervene filed by Sunrise Cogeneration and Power Company (Petitioner), the Committee makes the following findings:

  1. On April 17, 2000, a Petition to Intervene in the above-captioned proceeding was filed by:

    Mervyn Soares
    Texaco Power and Gasification
    Sunrise Cogeneration & Power Company
    PO Box 81438
    Bakersfield, CA 93380-1438

    Grattan & Galati
    Att: John Grattan, Esq.
    801 K Street, Penthouse Suite
    Sacramento, CA 95814

  2. The Petition was timely filed.

  3. Petitioner's application for certification for the Sunrise Cogeneration Project is currently before the Commission. Both the Sunrise and Pastoria projects are located in Kern County within the same air basin.

  4. Applicant filed objections to the Petition asserting that Petitioner failed to state the extent to which it wishes to participate in this proceeding. Applicant is concerned that Petitioner, as a competitor in the restructured electricity market, will seek to delay or hinder certification of the Pastoria project.

  5. Petitioner filed a response to Applicant's objections, clarifying that its interest is limited to "receiving information disseminated in the case" and that it "has no interest in hindering the licensing effort of Pastoria."

  6. The Petition, as clarified by Petitioner's subsequent response to Applicant's objections, contains the information required by section 1207 of the Commission's regulations. (Cal. Code of Regs., tit. 20, section 1207).

  7. Petitioner requests status as an "interested party" on the service list, but does not expect to participate as a party in the proceeding.

    The Committee may grant a petition to intervene to the extent deemed "reasonable and relevant." [Cal. Code of Regs., tit. 20, section 1207(c).] Petitioner's sole interest in seeking intervention is to obtain information disseminated in the case. We conclude that Petitioner's interests are relevant in this context, and it is, therefore, reasonable to grant intervention to the extent necessary to meet this limited purpose.

    Petitioner may also obtain information about this proceeding by viewing the Commission's Webpage at: www.energy.ca.gov/sitingcases/pastoria or by contacting the Commission's Docket Unit at 1516 Ninth Street, MS-4, Sacramento, CA 95814 or (916) 654-5076.

ORDER OF THE COMMITTEE

The Petition to Intervene is GRANTED for a limited purpose only. Petitioner shall be placed on the Proof of Service List as a Limited Purpose Intervenor to receive pertinent information. Based on the Petitioner's stated purpose for seeking intervention, however, the Committee does not find it reasonable or relevant to permit Petitioner to exercise the rights of a party as set forth in Section 1712 of the Commission's regulations. (Cal. Code of Regs., tit. 20, section 1712.) Petitioner will not be permitted to engage in discovery, file motions, present evidence, or cross-examine witnesses under this Order.


Date On Line: May 5, 2000 ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
   
   
   
ROBERT A. LAURIE, Commissioner
Presiding Member
Pastoria AFC Committee



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