[California Energy Commission Letterhead]  
 

STATE OF CALIFORNIA

Energy Resources Conservation
and Development Commission

 
 
 
In the Matter of:
Application for Certification for the
for the Pittsburg District
Energy Facility (PDEF)

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Docket No. 98-AFC-1

NOTICE OF EVIDENTIARY HEARINGS
Re: Air Quality, Public Health, and
Cumulative Impacts on Water Resources
-and- HEARING ORDER



I. BACKGROUND

On April 28-29 and May 3-4, 1999, the Committee conducted evidentiary hearings on the Pittsburg District Energy Facility (PDEF) as proposed by Enron Corporation. At the conclusion of hearings on May 4, the Committee closed the record of evidence except for Air Quality, Public Health, and cumulative impacts on Water Resources. The Committee will convene evidentiary hearings on these topics according to the schedule described below.


II. NOTICE OF EVIDENTIARY HEARINGS

The Committee will conduct formal evidentiary hearings on the topics of Air Quality, Public Health, and cumulative impacts on Water Quality as follows:

WEDNESDAY, MAY 26, 1999
Beginning at 6 p.m.
Delta Diablo Sanitation District
District Board Room
2500 Pittsburg-Antioch Highway
Antioch, California
(Wheelchair Accessible)

The list of witnesses for each topic is based on the witness lists previously submitted by the parties. Any substitutions or changes in the list of witnesses should be identified in the parties' written testimony on Air Quality, Public Health, and cumulative impacts on Water Resources. Written testimony on these topics shall be filed and served by Friday, May 14, 1999. Rebuttal testimony shall be filed and served by Monday, May 24, 1999.


SCHEDULE FOR HEARINGS
WhenWhere
WEDNESDAY, MAY 26, 1999
Beginning at 6 p.m.
Delta Diablo Sanitation District
District Board Room
2500 Pittsburg-Antioch Highway
Antioch, California


WEDNESDAY, MAY 26, 1999
Delta Diablo Sanitation District Board Room, Antioch, CA
Beginning at 6 p.m.

TopicWitnesses
Cumulative Impacts on Water Resources Applicant: Roger James, Robert Ray
Staff: Joe O'Hagen
City of Antioch: William Faisst
Delta Energy Center: to be identified
Air Quality Applicant: Joan Heredia, Robert Ray
Staff: Guido Franco, Mike Ringer
BAAQMD: Dennis Jang (sponsored by Staff)
City of Antioch: James Westbrook, Joe Brandt
CAP-IT: Paulette Lagana
Public Health Applicant: Joe Koehler
Staff: Mike Ringer
City of Antioch: James Westbrook
CAP-IT: Paulette Lagana



III. EVIDENTIARY HEARING PROCEDURES

A. Parties

During evidentiary hearings, the parties (Applicant, Staff, and Intervenors) present evidence consisting of sworn testimony and exhibits on each topic area. Unless a party requests otherwise, presentations will follow the agenda reflected on the above schedule.

The purpose of evidentiary hearings is to establish the factual record necessary to determine 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. 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 hearing. 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 (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 record shall be closed at the conclusion of evidentiary hearings on May 26, 1999. It is the Committee's understanding that BAAQMD's Final Determination of Compliance (FDOC) will be released prior to the May 26th hearing and that testimony on air quality will include the findings and conditions contained in the FDOC. If the FDOC is not released before the May 26th hearing, the schedule will be slipped for each day past May 26th that the FDOC is not docketed by the Applicant, plus another 2 weeks for noticing and conducting hearings on the FDOC. The Presiding Member's Proposed Decision (PMPD) will be issued subsequent to hearings on the FDOC.

If any party seeks substantive revisions to the PMPD that would require reopening the record, additional evidentiary hearings may 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, hearing, 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."




Date On-line: May 10, 1999 ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION


_____//signed//_____
DAVID A. ROHY, Ph.D.,
Vice Chair
Presiding Member, PDEF Committee





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