[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       )   NOTICE OF EVIDENTIARY 
for the Pastoria Energy Facility    )   HEARINGS and HEARING 
(Enron North America Corp.)         )   ORDER
____________________________________)   		



I. NOTICE OF EVIDENTIARY HEARINGS

The Committee will conduct formal hearings to receive evidence on all aspects of the proposed power plant project. This notice provides information regarding the dates and locations of the hearings to be held September 18 and 19, 2000, a schedule of witnesses for each topic (Attachment A); dates for filing prepared testimony and exhibits; and the remaining schedule (Attachment B).

SCHEDULE FOR HEARINGS
When Where
MONDAY, SEPTEMBER 18, 2000
Beginning at 9:00 AM
(The hearing may continue all day
into the evening hours.)
BAKERSFIELD TAXPAYER SERVICE CENTER
1800 30th Street, Suite 380
Bakersfield, California
Phone: (661) 395-2881
TUESDAY, SEPTEMBER 19, 2000
Beginning at 9:00 AM
(The hearing will end by 5 pm.)
BAKERSFIELD TAXPAYER SERVICE CENTER
1800 30th Street, Suite 380
Bakersfield, California
Phone: (661) 395-2881


II. BACKGROUND

At the Prehearing Conference on August 28, 2000, the parties indicated they would be ready to proceed to formal evidentiary hearings on all topics by September 18. While recommendations are pending from agencies responsible for reviewing issues related to land use and biological resources, Applicant believes the necessary recommendations will be provided in a timely fashion. AppIicant and Staff propose to introduce testimony by declaration on certain uncontested topics.

Intervenors Audubon Society and Kern Kaweah Chapter of Sierra Club expressed concerns about several topics, including air quality, biological resources, public health, cultural resources, and visual resources. To accommodate the Intervenors and other members of the public, the Committee will conduct all the evidentiary hearings in Bakersfield to provide an opportunity for members of the local community to attend in person.



III. EVIDENTIARY HEARING PROCEDURES

A. Parties

During evidentiary hearings, the parties (Applicant, Staff, and Intervenors) will present evidence consisting of declarations under penalty of perjury or sworn testimony in person, and exhibits on each topic area.

The parties shall submit copies of their proposed exhibits and exhibit lists along with their prepared testimony no later than September 8. Any request for additions/changes/substitutions to the hearing schedule in Attachment A should be included in the September 8th filings.

The purpose of evidentiary hearings is to establish the factual record necessary for the Commission to reach a decision on the proposed project. The record is developed by the presentation of oral and written testimony, as well as documentary evidence submitted by the parties. Evidentiary hearings are more structured than the informal workshops and Committee Conferences that have already occurred.

The rules of evidence pertaining to these hearings may be found at Sections 1212-1213 of the Commission's regulations. [title 20, Cal. Code Regs., §§ 1212, 1213; see also § 1702 (h)]. The regulations can be viewed on the Commission's Internet website at: http://www.energy.ca.gov/siting/title20/tofc.html

The parties must identify their witnesses and submit their testimony in writing prior to the hearings. Testimony may be submitted by declaration under penalty of perjury and offered into evidence at the hearings. All witnesses shall testify under oath or affirmation and will be subject to cross-examination by other parties.

A party sponsoring a witness at the hearings shall briefly establish the expert qualifications of the witness and ask the witness to summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness's direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate. Multiple witnesses may testify as a panel, if warranted.

The Applicant has the burden of presenting sufficient substantial evidence to support the findings and conclusions required for certification of the site and related facilities. [title 20, Cal. Code of Regs., § 1748(e)].

B. Public Participation

Members of the public are invited to attend these hearings and may offer unsworn public comment upon the matters discussed at the hearings. These public comments will be entered into the record of the proceeding and may be used to supplement or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.

The Commission's Public Adviser, Roberta Mendonca, is available to provide information and to assist the public in participating at the hearings. If you have questions about the process or how to participate, you should contact the Public Adviser at (916) 654-4489 or (800) 822-6228 or email at: pao@energy.state.ca.us

C. Further Information

If you require special accommodations in order to participate, contact Robert Sifuentes at least five days before the first hearing at (916) 654-5004 or email at: rsifuent@energy.state.ca.us

News media inquiries should be addressed to Claudia Chandler, Assistant Executive Director for media and public communications at (916) 654-4989 or email at: energia@energy.ca.gov

Technical questions should be directed to Kae Lewis, the Staff's Project Manager at (916) 654-4176 or email at: klewis@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 at: sgefter@energy.state.ca.us

Information concerning the status of the project, as well as notices and other relevant Commission documents, may be found on the Energy Commission's Internet webpage at: www.energy.ca.gov/sitingcases/pastoria



IV. HEARING ORDER

The record shall be closed at the conclusion of evidentiary hearings on September 19. The Presiding Member's Proposed Decision (PMPD) will be based on the evidentiary record established during the hearings. There is a 30-day comment period on the PMPD during which the parties may file comments and request clarifications. If any party seeks substantive revisions to the PMPD that would require reopening the record, additional evidentiary hearings may be necessary, including at least 10 days notice, additional briefing time, and an additional comment period of 15 days after a Revised PMPD is issued. If revisions are not substantive, the Committee may incorporate such revisions as Errata to the PMPD and present those recommendations to the full Commission without releasing a Revised PMPD.

All filings shall be served upon all parties and the Energy Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512. Each party is responsible for ensuring that its respective submittals are received no later than 5:00 PM on the dates indicated. Identify all filings with "Docket No. 99-AFC-7."



Date On Line: September 1, 2000



ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION




ROBERT A. LAURIE
Commissioner and Presiding Member
Pastoria Energy Facility AFC Committee





MICHAL MOORE, Ph.D.
Commissioner and Associate Member
Pastoria Energy Facility AFC Committee



ATTACHMENT A
TOPIC and WITNESS SCHEDULE

The parties shall present witnesses in person for topics with asterisks (*); otherwise, the parties may submit sworn declarations.

MONDAY, SEPTEMBER 18, 2000
(Bakersfield Taxpayer Service Center, Bakersfield)
Beginning at 9:00 AM

Topic Witnesses
Project Description* Applicant: Sam Wehn, Joe Patch
Staff: Kae Lewis
Integrated Assessment of Need Applicant: Statement of Counsel
Staff: Statement of Counsel
Alternatives* Applicant: Sam Wehn, Joe Patch
Staff: Kae Lewis
Facility Design* Applicant: Joe Patch, Eric Worrell, Jeffrey Atteberry
Staff: Steve Baker, Kisabuli, Al McCuen
Power Plant Reliability* Applicant: Joe Patch
Staff: Steve Baker
Power Plant Efficiency* Applicant: Joe Patch
Staff: Steve Baker
Transmission System Engineering Applicant: Anil Kar
Staff: Mark Hesters, Al McCuen
Transmission Line Safety and Nuisance Applicant: Anil Kar
Staff: Obed Odoemelam
Geological/Paleontological Resources Applicant: Chris Goetz, Brian Hatoff
Staff: Robert Anderson
Cultural Resources Applicant: Brian Hatoff, Jennifer Scholl
Staff: Roberta Greenwood, Dorothy Torres
Hazardous Materials Applicant: Kathryn Shirley
Staff: Rick Tyler
Waste Management Applicant: Kathryn Shirley
Staff: Mike Ringer
Traffic and Transportation Applicant: Charles Smith
Staff: James Fore
Visual Resources Applicant: Andrew Merriam
Staff: Gary Walker
Compliance and Closure Applicant: Sam Wehn
Staff: Jeri Scott
Land Use* Applicant: Charles Smith
Staff: Amanda Stennick
Biological Resources* Applicant: Anne Knowlton
Staff: Rick York
Soil and Water Resources* Applicant: Phillip Mineart
Staff: Lorraine White
Air Quality* Applicant: Joan Heredia
Staff: Magdy Badr
Public Health* Applicant: John Koehler
Staff: Obed Odoemelam
Socioeconomics* Applicant: Charles Smith
Staff: Joe Diamond
Worker Safety and Fire Protection* Applicant: Denise Clendening
Staff: Kathi Hann
Noise Applicant: Robert Greene
Staff: Thomas Murphy

ATTACHMENT B
COMMITTEE SCHEDULE FOR REMAINDER OF PROCEEDING

Date Event
September 1 Staff releases its Final Staff Assessment (FSA)
September 8 All parties file prepared testimony, provide copies of exhibits,
and exhibit lists, as well as any requests for changes to Attachment A
September 18 Evidentiary hearings according to schedule shown in Attachment A
September 19 Evidentiary hearings according to schedule shown in Attachment A
September 29 Parties file briefs, if necessary
To Be Scheduled Committee issues Presiding Member's Proposed Decision (PMPD)
and Notice of Committee Conference [30-day review]
To Be Scheduled *Parties file written comments on PMPD
To Be Scheduled *Committee Conference on PMPD; parties submit errata or other clarifications
To Be Scheduled *Close of comment period on PMPD
To Be Scheduled *Commission consideration of PMPD
* These events will be noticed separately.



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