STATE OF CALIFORNIA
Conservation and Development Commission
Application for Certification ) Docket No. 01-EP-03 ) ORDER NO. 01-0905-06 CHULA VISTA PEAKER ) COMMISSION ORDER GENERATING STATION, ) RE: FORFEITURE OF By RAMCO, Inc. ) CERTIFICATION ____________________________________)
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.
In a letter dated July 11, 2001, RAMCO informed the Commission that it would not build this project. RAMCO stated that "…we do not believe that commercial operation by this date [September 30, 2001] is possible, thus nullifying the approval."
In a Notice of Complaint dated July 26, 2001, the Chairman of the Commission noticed the hearing on the Application for Reconsideration and Petition for Rehearing, and on the Complaint, pursuant to Title 20, California Code of Regulations sections 1720 and 1231, for the Business Meeting of August 22, 2001. The basis for the Complaint is that the Final Decision in this matter contains a condition that RAMCO begin operation of this powerplant by September 30, 2001. If the plant is not operational by that date, and if the Commission decides that the applicant has not proceeded with due diligence, the Applicant shall forfeit its certification (see Final Decision, pages 17-18).
In a filing dated August 17, 2001, the City of Chula Vista presented its comments and a declaration of Bradford Remp. Mr. Remp declared that he is the Chief Building Official for the City of Chula Vista and has personally inspected the site of the RAMCO Chula Vista Peaker Generating. Mr. Remp further declared that as of August 13, 2001, there was no construction of the proposed project on the site. He also declared that based upon his training, education and experience, his opinion was that the project would not be operational on or before September 30, 2001. Mr. Remp also filed an updated declaration on August 31, 2001 stating that construction still had not commenced at the site.
On August 22, 2001, the Commission ordered RAMCO, Inc. to show cause in a written statement filed with the Commission by August 31, 2001 why RAMCO should not forfeit the certification granted to the Chula Vista Peaker Generating Station. The Order To Show Cause was served upon RAMCO, Inc., addressed to Richard McCormack, located at 6362 Ferris Square, Suite C, San Diego, CA 92121, on August 24, 2001. RAMCO did not file any statement to the Commission in response to the Order to Show Cause.
THEREFORE, based upon the information presented in writing and at today’s Business Meeting, the Commission finds that RAMCO has not proceeded with due diligence and orders that the certification for the RAMCO Chula Vista Peaker Generating Station is hereby forfeited.
Dated: September 5, 2001
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
William J. Keese
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