MODESTO IRRIGATION DISTRICT ELECTRIC
[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission



APPLICATION FOR CERTIFICATION )  
FOR A SMALL POWER PLANT EXEMPTION )  
MODESTO IRRIGATION DISTRICT ELECTRIC ) DOCKET NO. 03-SPPE-01
GENERATION STATION PROJECT (MID) )  
__________________________________ )  

 

ORDER GRANTING PETITION TO INTERVENE
and FINANCIAL HARDSHIP PETITION

Upon consideration of the Petition to Intervene filed by Robert Sarvey, the Committee designated to conduct proceedings in this matter makes the following findings:

1. On May 27, 2003, a Petition to Intervene and a Financial Hardship Petition were filed by:

Robert Sarvey
501 W. Grantline Road
Tracy, CA 93576

2. The Petitions were timely filed;

3. Petitioner's interests appear relevant to the above-captioned proceeding;

4. We construe the Petition to Intervene as stating Petitioner's desires to participate as a full party as set forth in Section 1712 of the Commission's regulations (Cal. Code Regs., tit. 20, 1712); and

5. Applicant filed opposition to the Petition to Intervene on June 9, 2003.

Applicant's objections to the Petition to Intervene center around Petitioner's apparent failure to specifically state his interest in the proceeding or the extent to which he desires to participate, as well as his failure to provide sufficient information to determine whether his intervention would be reasonable or relevant. We could certainly conclude that these objections are persuasive, and find that Petitioner has failed to meet the requirements set forth in section 1207 of our regulations. [Cal. Code Regs., tit. 20, 1207.]

Instead, however, we have construed the Petition in the manner most favorable to Petitioner. We do this because of the public nature of our proceedings, the desire to include all concerned citizens, and the Commission's long established policy of encouraging public participation.

We also note that we expect any future Petitions to Intervene to provide more complete and specific information, and to conform more rigorously with the requirements of section 1207.

THEREFORE, the Committee Orders that the Petition to Intervene be granted and that Petitioner shall be added to the Proof of Service List as an Intervenor. Staff shall ensure that Petitioner is immediately provided with a copy of the Application for a Small Power Plant Exemption. Petitioner may exercise the rights and shall fulfill the obligations of a party as set forth in Section 1712 of the Commission's regulations. [Cal. Code Regs., tit. 20, 1712.]

Petitioner's Financial Hardship Petition is also hereby granted. Due to financial hardship, Petitioner shall be exempt from the docketing, filing, and service requirements of the Commission's regulations. [Cal. Code Regs., tit. 20, 1209 (c).] Petitioner shall instead transmit all materials to be filed, docketed, and/or served in this proceeding to the Public Adviser who shall docket/file the same and comply with all proof of service requirements. Petitioner is responsible for ensuring that all his filings are provided sufficiently in advance of filing deadlines to enable the Public Advisor to timely comply with alI filing deadlines on his behalf.

 

Dated June 27, 2003, at Sacramento, California.

 



JAMES D. BOYD
Commissioner and Presiding Member
MEGS SPPE Committee



ROBERT PERNELL
Commissioner and Associate Member
MEGS SPPE Committee

 

 


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