STATE OF CALIFORNIA
Conservation and Development Commission
Application for Certification: ) Docket No. 01-EP-03 ) CHULA VISTA PEAKER ) NOTICE OF COMPLAINT GENERATING STATION, ) By RAMCO, Inc. ) ____________________________________)
On June 13, 2001, the Energy Commission approved the certification of the Chula Vista Peaker Generating Station. On July 11, 2001, the City of Chula Vista, through its City Attorney, submitted a letter to Chairman Keese asking that the Commission immediately withdraw the Adoption Order in this proceeding on the basis that RAMCO, the project proponent, communicated to the Commission that it would not build this project. On July 13, 2001, the City of Chula Vista filed an Application for Reconsideration and Petition for Rehearing.
Pursuant to Title 20, California Code of Regulations sections 1231 and 1720, the Commission hereby gives notice that this matter will be heard by the Commission at its regularly scheduled Business Meeting on August 22, 2001, beginning at or after 10:00 a.m. in the Commission's Hearing Room A, 1516 9th Street, Sacramento, California.
The complainant and petitioner is the City of Chula Vista, represented by John M. Kaheny, City Attorney, Glen R. Goggins, Assistant City Attorney, and Stephen K. Gardner, McKenna & Cuneo, L.L.P. The City Attorney's Office is located at 276 Fourth Street, Chula Vista, CA 91910. McKenna & Cuneo is located at 750 B Street, Suite 3300, San Diego, CA 92101.
The real party in interest is RAMCO, Inc. The President is Richard McCormack, located at 6362 Ferris Square, Suite C, San Diego, CA 92121.
The City of Chula Vista requests that the Commission withdraw the certification based upon RAMCO's letter dated July 5, 2001 to the Commission that RAMCO did not intend to construct the project. RAMCO's letter stated in part that "…we do not believe that commercial operation by this date [September 30,2001] is possible, thus nullifying the approval." Chula Vista also argues in its Application for Reconsideration that the Commission has no legal basis to eliminate the reconsideration and rehearing processes, that operation of the project would violate the federal Clean Air Act, and that the Commission committed a per se abuse of discretion by failing to make required findings.
At the hearing on August 22, 2001, the Commission may grant the application for reconsideration, may deny the application for reconsideration, may withdraw the certification based upon RAMCO's failure to start to construct the project in time to meet the September 30, 2001 deadline based upon Chula Vista's complaint and application, or may take no action at all.
This matter will be heard for the first time on August 22, 2001, during the regularly scheduled Business Meeting held in Hearing Room A located at 1516 9th Street, Sacramento, California. The Business Meeting begins at 10:00 a.m. and this matter may be heard at or after that time.
For information about how to participate in the Commission's process, please contact Roberta Mendonca, the Commission's Public Adviser, at (916) 654-4489, or toll free in California at (800) 822-6228, or by e-mail at PAO@energy.state.ca.us. If you require special accommodations, please contact Robert Sifuentes, Equal Employment Officer, at (916) 654-5004, at least five days prior to the hearing. For other questions regarding this matter, please contact Jeffery Ogata, Senior Staff Counsel, at (916) 654-3963 or by e-mail at firstname.lastname@example.org.
Dated: July 28, 2001
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
William J. Keese
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