Energy Resources
Conservation and Development Commission

In the Matter of:                  )  Docket No. 97-AFC-1 
Application for Certification      )  COMMITTEE SCHEDULING ORDER  
for Pittsburg District             )  
Energy Facility                    )

This Scheduling Order is based on discussions at the September 3, 1998, Informational Hearing, the proposed schedule submitted by Staff in its August 24, 1998, Status Report, and the information submitted by the parties in their September 10, 1998, responses to the Committee's scheduling questions relayed to the parties at the Informational Hearing. The following sets forth the schedule of events expected to occur prior to, or concurrent with, the release of the Preliminary Staff Assessment (PSA).

The Committee may modify the schedule at any time either upon its own motion or that of a party. [20 Cal. Code of Regs., 1709.7(c).] The dates provided below for parties to request Committee conferences are for general guidance only. Parties may request conferences, or the Committee may schedule them at its own prerogative. The Committee requires periodic "status reports" from the parties to determine whether case development is progressing satisfactorily, as well as to bring any potential delays or other relevant matters to its attention.



Applicant's data responses due September 24, 1998 Interconnection Study available from PG&E September 30, 1998 Parties submit status reports to Committee; October 16, 1998 request conference, if necessary Applicant meets with U.S. Army Corps of Engineers mid-October, 1998 regarding potential impacts of project activities on jurisdictional wetlands areas Applicant provides Notification to California mid-October, 1998 Department of Fish and Game (CDFG) regarding streambed alteration plans Applicant provides Interconnection Study to CEC October 30, 1998 Staff and Independent System Operator (ISO) Public workshops on various areas of concern, September 23-November 30, 1998 as needed File application with Regional Water Quality early-November, 1998 Control Board if NPDES permit modification is necessary (6-month process) Parties submit status reports to Committee; November 5, 1998 request conference, if necessary Public workshops on remaining areas of concern, December 1-15, 1998 as needed Parties submit status reports to Committee; December 10, 1998 request conference, if necessary. Applicant finalizes Streambed Alteration mid-December, 1998 Agreement with CDFG ISO completes final transmission system mid-January, 1999 stability analysis and Interconnection Study Staff releases Preliminary Staff Assessment (PSA) January 11, 1999 Bay Area Air Quality Management District issues January 26, 1999 Preliminary Determination of Compliance (PDOC) Parties submit status reports to Committee; January 29, 1999 request conference, if necessary


According to the scheduling information submitted by the parties, several milestones will not be met prior to release of the PSA (January 11, 1999) and FSA (March 12, 1999).

  1. Both the preliminary (January 26, 1999) and final (March 26, 1999) Determinations of Compliance (DOC) from the Bay Area Air Quality Management District are expected after the PSA due date.
  2. The ISO's determination regarding transmission reliability and the final Interconnection Study is due at the same time or after the PSA due date.
  3. If the RWQCB requires a modification to the existing NPDES permit, the application review process is expected to take six months from the submittal date (November 1998) which would be in May 1999, after the FSA due date and after Staff's proposed schedule for evidentiary hearings (April 1999).

The Committee directs the parties to indicate whether the anticipated completion dates for these items will prolong the 12-month AFC schedule and if so, what steps will be taken to ensure that these necessary determinations are available to the Committee prior to the conclusion of evidentiary hearings. Please address these issues and other relevant concerns in the status reports due on October 16, 1998.

Dated: September 17, 1998


DAVID A ROHY, Ph.D, Vice Chair
Presiding Member

MICHAL C. MOORE, Commissioner
Associate Committee Member