In the Matter of:                )     Docket No. 98-AFC-1
                                 )
Application for Certification    )     NOTICE OF EVIDENTIARY
for the Pittsburg District       )     HEARINGS and HEARING ORDER
Energy Facility (PDEF)           )
_________________________________)

I. BACKGROUND

The Committee’s Second Revised Schedule, which was issued February 25, 1999, anticipates that evidentiary hearings will begin on April 28, 1999. At the Prehearing Conference on March 29, 1999, the Applicant and the City of Pittsburg indicated that they would be prepared to proceed to formal evidentiary hearings by the end of April. The Applicant asserted that air quality is the only remaining topic that is not complete and that any remaining land use issues will be resolved with the local agencies prior to hearings, except for the variance request. Staff and the Intervenors indicated that in addition to air quality and land use, there are other technical issues that require further review.

While we realize that certain information is still being developed, we are constrained by statutory language that directs the Commission to issue its final decision within twelve months from the date that the AFC was filed unless the Applicant agrees to a later time. (Pub. Resources Code, sections 25522, 25540.6(a)). Since the Applicant will not agree to extend the schedule to provide time to resolve issues raised by Staff and the Intervenors, we must commence evidentiary hearings to meet the 12-month deadline. 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. (Tit. 20, Cal. Code of Regs., § 1748(e)).

 

II. NOTICE OF EVIDENTIARY HEARINGS

The Committee will conduct formal hearings to receive evidence on all aspects of the proposed power plant project. The following NOTICE provides information regarding the dates and locations of the hearings to be held April 28—29 and May 3-4, 1999, and if needed, May 5, a schedule of witnesses for each topic [ATTACHMENT A]; and the dates for filing prepared testimony.

 

 

SCHEDULE FOR HEARINGS

When	Where
WEDNESDAY, APRIL 28, 1999 Beginning at 2 p.m.	CALIFORNIA ENERGY COMMISSION First Floor, Hearing Room A 1516 Ninth Street Sacramento, California
THURSDAY, APRIL 29, 1999 Beginning at 1 p.m. (dinner break) and Beginning at 6 p.m.	PITTSBURG CITY HALL City Council Chambers 65 Civic Avenue Pittsburg, California NOTE: LOCATION CHANGE
MONDAY, MAY 3, 1999 Beginning at 1 p.m.	PITTSBURG CITY HALL City Council Chambers 65 Civic Avenue Pittsburg, California
MONDAY, MAY 3, 1999 Beginning at 6 p.m. {Note: New Location}	PITTSBURG HIGH SCHOOL Creative Arts Bldg., "Little Theater" 250 School Street Pittsburg, California NOTE: LOCATION CHANGE
TUESDAY, MAY 4, 1999 Beginning at 9 a.m.	PITTSBURG CITY HALL City Council Chambers 65 Civic Avenue Pittsburg, California NOTE: LOCATION CHANGE
WEDNESDAY, MAY 5, 1999 Beginning at 1 p.m. {if necessary} If matters are concluded on May 4, no hearing will be held on May 5.	PITTSBURG CITY HALL City Council Chambers 65 Civic Avenue Pittsburg, California

 

The parties are advised that the Committee will also conduct evidentiary hearings on air quality at a later date in May. The schedule for that hearing date will be announced in a separate Notice.

 

III. EVIDENTIARY HEARING PROCEDURES

A. Parties

During evidentiary hearings, the parties (Applicant, Staff, and Intervenors) will present evidence consisting of sworn testimony and exhibits on each topic area. Unless a party requests otherwise, presentations will follow the agenda reflected on ATTACHMENT A. The schedule for the remainder of this proceeding is shown on ATTACHMENT B.

The purpose of evidentiary hearings is to establish the factual record necessary to reach a decision on whether to certify 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 parties must identify their witnesses and submit their testimony in writing prior to the hearings. Witnesses will testify under oath or affirmation and will be subject to cross-examination by other parties who have formally intervened in this case.

At the hearings, a party sponsoring a witness shall briefly establish the witness’s qualifications and ask the witness to orally 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.

B. Public Participation

Members of the public and interested governmental agencies 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.gov

Technical questions should be directed to Lorraine White, the Staff’s Project Manager at (916) 654-4075 or email at: lwhite@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 home page at: www.energy.ca.gov/sitingcases/pittsburg

 

IV. HEARING ORDER

The filing schedule and other events designated in ATTACHMENT B shall apply to all parties for the remainder of this proceeding. The record shall be closed at the conclusion of evidentiary hearings on air quality. In the event that the record is not sufficient to support a recommendation for certification, the Committee may issue a negative Presiding Member’s Proposed Decision (PMPD). If any party seeks substantive revisions to the PMPD which would require reopening the record, additional evidentiary hearings will 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 additional noticing, hearings, and briefing schedule may not be necessary, but the 15-day comment period on the Revised PMPD is required. These events must occur prior to Commission consideration of the 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. 98-AFC-1."

 

Dated:_________________________	ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION
________________________________	________________________________
DAVID A. ROHY, PH.D.	MICHAL C. MOORE
Vice Chair and Presiding Member	Commissioner and Associate Member

 

ATTACHMENT A

TOPIC and WITNESS SCHEDULE

The Committee will hear topics according to the following agenda. Any request for changes/substitutions, etc. should be made in the parties’ April 19, 1999, filings.

WEDNESDAY, APRIL 28, 1999
California Energy Commission, Sacramento)
Beginning at 2 p.m.

TOPIC	WITNESSES
Project Description	Applicant: Sam Wehn; C.J. Patch Staff: Lorraine White
Integrated Assessment of Need	Applicant: Sam When Staff: Connie Leni
Alternatives	Applicant: Wehn, C. J. Patch, Joan Heredia Staff: Eileen Allen & Lorraine White
Power Plant Reliability	Applicant: C. J. Patch Staff: Steve Baker
Power Plant Efficiency	Applicant: C. J. Patch Staff: Steve Baker
Paleontologic Resources	Applicant: Brian Hatoff, Lawler Staff: Gregory Newhouse
Cultural Resources	Applicant: Brian Hatoff Staff: Kathryn Matthews & Dorothy Torres
Compliance Monitoring and Closure	Applicant: C. J. Patch Staff: Jeri Zene Scott

 

THURSDAY, APRIL 29, 1999
(Pittsburg City Hall)
Beginning at 1 p.m.

TOPIC	WITNESSES
Biological Resources	Applicant: Stephen Kellogg Staff: Marc Sazaki
Noise	Applicant: Robert Greene Staff: Steve Baker
Visual Resources	Applicant: Lawrence Headley Staff: Gary Walker

 

THURSDAY, APRIL 29, 1999
(Pittsburg High School)
Beginning at 6 p.m.

TOPIC	WITNESSES
Soil and Water Resources	Applicant: Robert Ray, William Martin Staff: Joseph O’Hagan City of Antioch: (will cross-examine) Delta: Noel Williams
Socioeconomics Socioeconomics, cont.	Applicant: Shabnam Barati Staff: Amanda Stennick CURE: Greg Feere City of Antioch: (will cross-examine)
Worker Safety and Fire Protection	Applicant: Denise Clendening Staff: Ellen Townsend-Smith

MONDAY, MAY 3, 1999
(Pittsburg City Hall)
Beginning at 1 p.m.

TOPIC	WITNESSES
Transmission System Engineering	Applicant: C. J. Patch Staff: Ean O’Neill & Al McCuen (Staff may sponsor Cal-ISO witness) Delta: Doug Buchanan
Transmission Line Safety and Nuisance	Applicant: C. J. Patch Staff: Obed Odoemelam
Waste Management	Applicant: Joe Morgan Staff: Michael Ringer
Hazardous Materials Management	Applicant: Joe Morgan Staff: Rick Tyler

MONDAY, MAY 3, 1999
(Pittsburg City Hall)
Beginning at 6 p.m.

TOPIC	WITNESSES
Cumulative Impacts	Applicant: Shabnam Barati Staff: Lorraine White City of Antioch: (will cross-examine)
Public Health	Applicant: John Koehler Staff: Michael Ringer City of Antioch: (will cross-examine)
Traffic and Transportation	Applicant: Fred Reid Staff: David Flores City of Antioch: (will cross-examine)

TUESDAY, MAY 4
(Pittsburg City Hall)
Beginning at 9 a.m.

TOPIC	WITNESSES
Land Use	Applicant: Shabnam Barati Staff: Eric Knight City of Antioch: (will cross-examine)
Facility Design and Geology	Applicant: C. J.Patch; Clark Fenton Staff: Steve Baker, Kisabuli, Bob Anderson & Al McCuen City of Antioch: gas line (cross-examine)

 

ATTACHMENT B
COMMITTEE SCHEDULE FOR APRIL - JULY 1999

DATE	EVENT
April 12	Parties file supplemental testimony and witness resumes
April 15	Staff conducts public workshop on air quality and truck bypass road
April 19	Parties file revisions to testimony and rebuttal testimony
April 19	Parties file any requests for changes to Attachment A
April 28-29, May 3-4 and, if necessary, May 5	Committee conducts evidentiary hearings according to schedule shown in ATTACHMENT A
May 10	Parties file opening briefs
May 17	Parties file rebuttal briefs
mid-May, 1999	Applicant submits Final Determination of Compliance from the Bay Area Air Quality Management District; Committee issues *Notice of hearing on air quality; and parties file testimony on air quality
late-May, 1999	Committee conducts evidentiary hearing on air quality and closes the record of evidence
June 14, 1999	Committee issues Presiding Member’s Proposed Decision (PMPD) and Notice of Conference [30-day review]
July 8, 1999	*Parties file comments on PMPD
July 12, 1999	*Committee Conference on PMPD
July 14, 1999	*Close of comment period on PMPD (City of Pittsburg variance granted for stack height)
July 28, 1999	*Commission consideration of PMPD
If Revised PMPD is necessary, July 26, 1999	*Committee issues revised PMPD (if non-substantive changes) and Notice of Conference [15-day review]
August 5, 1999	*Conference on Revised PMPD
August 11, 1999	*Commission consideration of Revised PMPD

* These events will be separately noticed.

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