[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

In the Matter of: ) Docket No. 98-AFC-1
Application for Certification ) ORDER GRANTING
for the Pittsburg District Energy Facility ) PETITION TO INTERVENE
____________________________ )

Upon consideration of the Petition to Intervene filed by the City of Antioch (Petitioner), the Committee designated to conduct proceedings in this matter makes the following findings:

  1. On January 8, 1999, a Petition to Intervene in the above-captioned proceeding was filed by:

    City of Antioch
    Att: William R. Galstan, City Attorney
    Third and "H" Streets
    P. O. Box 5007
    Antioch, CA 94531-5007
  2. The Petition was timely filed and contains the information required by Section 1207 of the Commission's regulations (Cal. of Code Regs., tit. 20, 1207);

  3. On January 13, 1999, Applicant filed a Response noting that a new Intervenor "cannot reopen matters or reopen discovery dealt with in the proceeding prior to the time when" it becomes a party. (Citing, Cal. Code of Regs., tit. 20 1712(a)). Applicant has no objection to the Petition "with the understanding that the City [of Antioch] will comply with the legal requirements governing intervention." Applicant invites Petitioner to review copies of the Application for Certification (AFC), AFC supplements, data responses, and other documents at its City of Pittsburg office.

  4. Petitioner's interests are relevant to the above-captioned proceeding.

THEREFORE, the Committee Orders that the Petition to Intervene in this matter be GRANTED and that Petitioner be placed upon the Proof of Service List as an Intervenor.

Further, Staff shall ensure that Petitioner is immediately provided with a copy of the Application for Certification and AFC Supplements. As an Intervenor, Petitioner may exercise the rights and shall fulfill the obligations of a party as set forth in Section 1712 of the Commission's regulations. (Cal. Code of Regs., tit. 20, 1712).


Dated: January 20, 1999

Vice Chair and Presiding Member

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