STATE OF CALIFORNIA
Conservation and Development Commission
In the Matter of: ) Docket No. 98-AFC-1 ) Application for Certification ) NOTICE OF PREHEARING for the Pittsburg District ) CONFERENCE and SECOND Energy Facility (PDEF) ) REVISED SCHEDULING ORDER ______________________________ )
I. NOTICE OF PREHEARING CONFERENCE
NOTICE IS HEREBY GIVEN that the Committee designated to conduct proceedings in the above-captioned matter has scheduled a public Prehearing Conference as follows:
MONDAY, MARCH 29, 1999
Beginning at 6:00 pm
Pittsburg City Hall
City Council Chambers
65 Civic Avenue
Purpose of Prehearing Conference
The Prehearing Conference provides an opportunity for the parties and interested agencies to identify which substantive topics in this proceeding have been settled, which topics require further analysis, and which topics will require adjudication at the Committee's evidentiary hearings. (Title 20, California Code of Regulations, Section 1718.5). Members of the public are encouraged to attend the Conference and may comment on any topic related to the project.
The Prehearing Conference is a public forum where the Committee will assess the parties' readiness for evidentiary hearings, identify areas of agreement or dispute, and discuss the procedures that are necessary to conclude the certification process. In this regard, the Committee directs the parties to present their respective positions on the matters mentioned above, and to discuss future filing dates for testimony and other evidentiary documents, briefing and comment periods, and other related items reflected in the attached Revised Schedule.
Prehearing Conference Statements
To facilitate the process, each party shall serve and file a Prehearing Conference Statement. The Statements must be received by the other parties and the Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512, no later than 5:00 pm on Thursday, March 25, 1999. Identify these Statements with "Docket No. 98-AFC-1."
Each Statement shall specify:
- The topic areas that are complete and ready to proceed to evidentiary hearings;
- The topic areas that are not complete and not yet ready to proceed to evidentiary hearings, and the reasons therefor;
- The topic areas that remain disputed and require adjudication, and the precise nature of the dispute for each topic;
- The identity of each witness sponsored by each party, the topic area(s) which each witness will present; a brief summary of the testimony to be offered by each witness; qualifications of each witness, and the time required to present direct testimony by each witness;
- Any exhibits a party intends to offer into evidence; and
- Comments on the attached Revised Schedule.
Petitions to Intervene to Become a Formal Party
The Decision on the PDEF project will be based on the official record that is developed at the Committee's evidentiary hearings where the parties will present testimony under oath and offer documents as evidence for the record. Only formal parties may present testimony, cross-examine witnesses, and offer evidence at the evidentiary hearings.
Anyone with a legitimate interest relevant to the siting of the proposed project may file a Petition to Intervene with the Committee to become an "Intervenor" or formal party to the proceeding. Party status provides the following rights to Intervenors: the right to present independent testimony and documentary evidence; to receive pertinent documents; and to cross-examine witnesses. Party status also carries certain obligations which include the duty to comply with Committee orders, procedures, and filing requirements, as well as being subject to cross-examination by other parties.
The Public Adviser's Office will assist any person or entity who is interested in preparing a Petition to Intervene. Commission regulations provide that a Petition to Intervene should be filed at least 30 days prior to the beginning of evidentiary hearings. (Title 20, California Code of Regulations, Section 1207(b)). Petitions to Intervene in this case should be filed no later than the Prehearing Conference on Monday, March 29, 1999. Typically, time extensions for new Intervenors to review existing case materials are not granted after the Prehearing Conference, since to do so could delay the proceeding.
Those desiring information or assistance in filing a Petition to Intervene or to otherwise participate in this proceeding, please contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or (800) 822-6228 or email at: email@example.com
Technical questions concerning the project should be addressed to Lorraine White, the Commission Staff's Project Manager at (916) 654-4075 or email at: firstname.lastname@example.org
Questions of a legal or procedural nature should be directed to Susan Gefter, the Committee's Hearing Officer, at (916) 654-3893 or email at: email@example.com
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or email at: firstname.lastname@example.org
Information concerning the status of the project, as well as notices and other relevant documents, is available on the Energy Commission's Internet homepage at: www.energy.ca.gov/sitingcases/pittsburg
II. SCHEDULING ORDER
Public Resources Code sections 25522(a) and 25540.6(a) provide, in part, that the Commission shall issue a final decision on an Application for Certification (AFC) within twelve months of its filing, or at a later time as is mutually agreed upon by the Commission and the Applicant. The Commission accepted the AFC for the Pittsburg District Energy Facility on July 29, 1998. The Committee will proceed with its review of the project in the context of the twelve-month timeline; if, however, the record is incomplete at the conclusion of evidentiary hearings, the Presiding Member's Proposed Decision will be based on an incomplete record that could affect the Committee's recommendation to the Commission. With that caveat, the Committee will adhere to the attached Revised Schedule which provides for a final Commission decision on July 28, 1999.
Dated: ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION
DAVID A. ROHY, Ph.D. MICHAL C. MOORE Vice Chair and Presiding Member
PDEF Siting Committee
Commissioner and Associate Member
PDEF Siting Committee
COMMITTEE'S SECOND REVISED SCHEDULE (PDEF) Event Date Commission Considers Proposed Decision July 28, 1999 Conference on Revised Proposed Decision July 20, 1999 Revised Proposed Decision & Notice of Conference Issued July 13, 1999 Conference on Proposed Decision July 7, 1999 Proposed Decision & Notice of Conference Issued June 14, 1999 Committee Deliberations May-June, 1999 Parties file Reply Briefs May 17, 1999 Parties file Opening Briefs May 10, 1999 Evidentiary Hearings April 28-May 5, 1999 BAAQMD Final Determination of Compliance (FDOC) April 23, 1999 Rebuttal Testimony Filed April 19, 1999 Written Testimony Filed April 12, 1999 Pre-Hearing Conference March 29, 1999 Last Day to Intervene March 29, 1999 Pre-Hearing Conference Statements Due March 25, 1999 Public Workshops on Staff Assessment March 15-24, 1999 Staff Assessment Released March 11, 1999 Status Report No. 6 Due to Committee March 1, 1999 Applicant provides final determination from Cal-ISO March 1, 1999 All Data Reponses and BAAQMD's Preliminary Determination of Compliance (PDOC) filed February 8, 1999
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