MODESTO IRRIGATION DISTRICT ELECTRIC
[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission



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

 

I. NOTICE OF CANCELLATION

 

Commission action on the Proposed Decision/Mitigated Negative Declaration for this case was scheduled for the Business Meeting of December 17, 2003.

The Commission will not consider this item as previously noticed. Consideration at a future Business Meeting will be separately scheduled.

 

II. NOTICE OF EVIDENTIARY HEARING

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

WEDNESDAY, January 7, 2004
Beginning at 2:00 p.m.


California Energy Commission
1516 9th Street
Hearing Room A
Sacramento, California
(Wheelchair Accessible)

This event is open to the public; interested individuals and governmental agencies are encouraged to attend.

Based upon discussions at the December 2, 2003 Committee Conference, the Applicant requested that the evidentiary record be reopened. The Committee granted this request for the limited purpose of receiving testimony on this topic of "Energy Resources." The basic remaining question under this topic concerns the effects upon energy resources were the power plant to operate at 8760 hours per year.

III. 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 testimony and exhibits from the parties.

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. The testimony must be served upon all parties according to the schedule below.

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 additional documentary exhibits as evidence shall also include a copy of such materials with their prefiled testimony.

The filing deadline for testimony is December 23, 2003. 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 date 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."

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, Margret J. Kim, 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.

C. 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 December 4, 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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