[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 HEARING
Re: FINAL DETERMINATION
OF COMPLIANCE




I. BACKGROUND

On April 28-29, May 3-4, and May 26, 1999, the Committee conducted evidentiary hearings on the Application for Certification for the Pittsburg District Energy Facility (PDEF) as proposed by Enron Corporation. At the conclusion of hearings on May 26, the Committee closed the record of evidence except for receipt of the Final Determination of Compliance (FDOC) from the Bay Area Air Quality Management District (BAAQMD), and Staff's final draft of proposed Conditions of Certification on air quality.


II. NOTICE OF EVIDENTIARY HEARING

The Committee will conduct a formal evidentiary hearing on the FDOC and Staff's proposed Conditions of Certification on air quality as follows:

TUESDAY, JUNE 15, 1999
Beginning at 2 p.m.
California Energy Commission
Hearing Room B
1516 Ninth Street
Sacramento, California
(Wheelchair Accessible)

-OR-

Via TELEPHONE CONFERENCE CALL
Toll Free: 1-800-779-5193 * Participant Pass Code: PITTSBURG
The Conference Leader is Susan Gefter.


III. PUBLIC PARTICIPATION

Members of the public are invited to attend this hearing OR CALL THE PHONE NUMBER LISTED ABOVE AT 2:00 P.M. FOR TELECONFERENCE PARTICIPATION and offer public comment upon the matters discussed at the hearing. 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


IV. 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


V. HEARING ORDER

In the Committee's May 7, 1999, Notice of Evidentiary Hearings and Hearing Order, the Committee stated that the schedule will slip day-for-day for each day after May 26, 1999 that the FDOC is not docketed by Applicant. At the May 26th hearing, a representative from BAAQMD indicated that the FDOC would be released on June 6, 1999. Subsequently, that date was revised to June 9, 1999. Applicant agreed that the schedule would continue to slip until the FDOC is docketed. Consequently, the original Committee schedule that anticipated a release date of June 14th for the Presiding Member's Proposed Decision is modified in accordance with the day-for-day slip.

Assuming that the FDOC is docketed before June 15th, the record shall be closed at the conclusion of the hearing on June 15, 1999. If the FDOC is not released before June 15th, the schedule will continue to slip for each day past May 26th that the FDOC is not docketed by the Applicant, plus another two weeks for noticing and conducting a hearing on the FDOC. The Presiding Member's Proposed Decision will be issued subsequent to the hearing on the FDOC.

Due to the potential schedule slippage, please call the Public Adviser's Office at (800) 822-6228 on Monday, June 14th to confirm that the Tuesday, June 15th hearing will occur.

There is a 30-day comment period after the Presiding Member's Proposed Decision (PMPD) is released. 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.




Dated: June 1, 1999 ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION


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

Mailed to List #712






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