BEFORE THE
STATE OF CALIFORNIA
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION

	
APPLICATION FOR A                      )     DOCKET NO. 03-SPPE-01
SMALL POWER PLANT EXEMPTION FOR THE    )
MODESTO IRRIGATION DISTRICT ELECTRIC   )
GENERATION STATION PROJECT (MEGS)      )
_______________________________________)

I. NOTICE OF EVIDENTIARY HEARING

NOTICE IS HEREBY GIVEN that the Committee will conduct a public Evidentiary Hearing in this case as follows:

TUESDAY, September 2, 2003
Beginning at 12:30 p.m.
Public Comment session begins at 6:00 p.m.


Modesto Irrigation District Headquarters
1231 11th Street
Board Room
Modesto, California 95354
(Wheelchair Accessible)

If the evidentiary presentations have concluded and in order to accommodate members of the public, the Committee will reconvene the hearing at 6:00 p.m. at the same location to receive public comment. If the evidentiary presentations have not concluded, the parties will proceed with direct and cross-examination as necessary before the Committee receives public comment.

Based upon discussions at the August 18, 2003, Prehearing Conference, the Committee has divided the topic areas into two categories. At the Evidentiary Hearing, evidence will be taken by declaration on those topic areas listed on ATTACHMENT A. Witnesses will appear and testify on the topics listed on ATTACHMENT B. This event is open to the public; interested individuals and governmental agencies are encouraged to attend.

THIS HEARING WILL NOT OCCUR IF THE FILING DEADLINES CONTAINED IN PART III ARE NOT MET.

II. EVIDENTIARY HEARING

A. Formal Evidentiary Hearing Procedures

The purpose of formal evidentiary hearings is to establish the factual record necessary to reach a decision in this case. This is done through the taking of written and/or oral testimony, as well as exhibits from the parties.

Testimony may be presented in the form of a written declaration/affidavit or orally. Declarations/affidavits will suffice only for those topic areas which are undisputed and for which the Committee finds the information adequate. These are listed on ATTACHMENT A. Parties proposing to present oral testimony by sponsoring a witness must also provide a written version of that witness' testimony as well as the witness' qualifications to testify on the appropriate subject matter. Topics for which witnesses will appear are listed on ATTACHMENT B. In either instance, the testimony must be served upon all parties according to the schedule below.

Declarations/affidavits on uncontested areas will be received into the record upon motion by the sponsoring party. Oral testimony will be presented under oath or affirmation. A party presenting oral testimony shall have its witness briefly establish the witness' qualifications and have the witness 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' direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate.

Parties intending to offer documentary exhibits as evidence (other than the Initial Study, the Application for a Small Power Plant Exemption document, portions of either, or documents which have been previously docketed and served) shall also include a copy of such materials with their prefiled testimony. If appropriate, parties shall specify the withdrawal/substitution of previously identified witnesses in their respective filings as scheduled below.

FAILURE TO PRESENT WITNESSES AS SCHEDULED, OR TO CROSS-EXAMINE ON THE TOPICS AS SCHEDULED, CAN CONSTITUTE A WAIVER OF THESE RIGHTS.

B. Public Participation

Members of the public and interested governmental agencies are invited to attend this hearing, and may offer unsworn public comment upon the matters discussed. These public comments will be entered into the record of the proceeding and the Committee may rely on them 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 any issue.

The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at this hearing. She may be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail: [pao@energy.state.ca.us].

III. HEARING ORDER

The following filing schedule shall apply for the Evidentiary Hearing. If either Applicant or Staff fails to meet the specified filing dates, the Evidentiary Hearing scheduled above will be cancelled.

Submittals shall be served upon all parties to this proceeding and the Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received by the Docket Unit and by all others specified on the Proof of Service List no later than 3:00 p.m. on the dates indicated. Hard copies are preferred, but electronic copies in Microsoft WORD Format shall suffice to meet this filing requirement. Identify all documents with "Docket No. 03-SPPE-01."

DATE	EVENT
August 22, 2003	Staff files Final Initial Study and testimony for all topics.
August 27, 2003	Applicant files testimony for all topics.

Intervention

The period for timely intervention lapsed on August 7, 2003. Petitions to Intervene may now be granted only upon a sufficient showing of good cause. [20 Cal. Code of Regs., ¤ 1207.] For further information contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail: [pao@energy.state.ca.us].

Public Participation

Members of the general public are welcome to attend and provide public comment. It is not necessary to become an Intervenor to participate in the public process. Please contact the Public Adviser as indicated above for further information on how to participate.

Additional Information

Technical questions concerning the project should be addressed to James Reede, the Commission Staff's Project Manager, at 916-653-1245 or email at: [jreede@energy.state.ca.us].

Questions of a legal or procedural nature should be directed to Stanley W. Valkosky, the Committee's Hearing Officer, at 916-654-3893.

Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications, at 916-654-4989 or email at: [mediaoffice@energy.state.ca.us].

If you have a disability and need assistance to participate in this event, contact Lourdes Quiroz at 916-654-5146 or e-mail at: [lquiroz@energy.state.ca.us].

Information concerning the status of the project, as well as notices and other relevant documents, is available on the Energy Commission's Internet webpage at: [www.energy.ca.gov/sitingcases/ripon].

Dated August 19, 2003, at Sacramento, California.

JAMES D. BOYD Commissioner and Presiding Member MEGS SPPE Committee

ROBERT PERNELL Commissioner and Associate Member MEGS SPPE Committee

Mail Lists: POS, 7168, 7169, 7170

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ATTACHMENT A

DECLARATION TOPICS
SEPTEMBER 2, 2003 EVIDENTIARY HEARING

TOPIC	APPLICANT	STAFF
1. Biological Resources	Crowe (Declaration)	York (Declaration)
2. Energy Resources	Mayer/Tacke/Hill (Declaration)	Robinson/Baker/Khoshmashrab (Declaration)
3. Socioeconomics	Yusef (Declaration)	Stennick (Declaration)
4. Traffic and Transportation	Acutanza (Declaration)	Adams (Declaration)
5. Transmission Line Safety and Nuisance	Tacke (Declaration)	Odoemelam (Declaration)
6. Worker Safety	Danby (Declaration)	None
7. Compliance and General Conditions	Hill (Declaration)	Lewis (Declaration)

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ATTACHMENT A (continued)

DECLARATION TOPICS
SEPTEMBER 2, 2003 EVIDENTIARY HEARING

TOPIC	APPLICANT	STAFF
8. Cultural Resources	Bard (Declaration)	Torres (Declaration)
9. Paleontology/Geology	Fisk/Lae (Declaration)	Pilling (Declaration)
10. Hazardous Materials	Parker (Declaration)	Lesh/Tyler (Declaration)
11. Hydrology and Water Quality	Franck (Declaration)	Krolak (Declaration)
12. Land Use	Carrasco/Long (Declaration)	Flores (Declaration)
13. Public Health	Lowe (Declaration)	Sundareswaran (Declaration)
14. Transmission System Engineering	Tacke (Declaration)		Ng/McCuen (Declaration)
15. Waste Management	Parker (Declaration)		Sundareswaran (Declaration)

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ATTACHMENT B

TOPICS FOR WHICH WITNESSES WILL APPEAR
SEPTEMBER 2, 2003 EVIDENTIARY HEARING

TOPIC	APPLICANT	STAFF	SARVEY
16. Project Description	Hill Direct:15 min	Reede (overview including noticing and public dissemination of IS, as well as consultation with responsible and trustee agencies, incorporation of agency comment, compliance authority to enforce COE.) Direct: 15 min
17. Alternatives	Hill/Salamy Direct: 15 min	None	Cross Applicant (5 min)
18. Visual	Haydon Direct: 30 min	Knight Direct: 30 min	Cross Staff (15 min)
19. Air Quality	Rubenstein Direct: 45 min Cross: 45 min	Walters/Blewitt Direct: 45 min Cross: 1 hr	Cross Staff (25 min)
20. Noise	Bastasch Direct: 30 min	Baker Direct: 30 min	Cross Staff (15 min)