[California Energy Commission Letterhead]



BEFORE THE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION
OF THE STATE OF CALIFORNIA





	
  APPLICATION FOR A SMALL POWER PLANT    )   DOCKET NO. 04-SPPE-01
  EXEMPTION FOR THE RIVERSIDE ENERGY     )	 
  RESOURCE CENTER (RERC)                 )
_________________________________________)




ORDER TO CLOSE DISCOVERY

On July 19, 2004, City of Riverside Public Utilities (Applicant) filed a Motion to Close Discovery pursuant to 20 CCR 1716.5. Applicant states that a Committee Order in response to its motion is necessary to avoid serious disruption of its preparation of testimony for evidentiary hearings. Applicant further states that Intervenor CURE has held Intervenor status in this proceeding since May 26, 2004, when the Committee granted CURE's Petition to Intervene. Since that time CURE has issued data requests to Applicant on June 4, 2004, June 9, 2004, June 11, 2004 and July 8, 2004. Applicant further states that it has responded to each set of data requests except that of July 8th, for which it is now preparing responses. Applicant notes that many additional issues have also been discussed at the Workshops to which CURE has been a party.

This Committee has set a Prehearing Conference for July 28, 2004 and hearings are likely to follow closely thereafter. Any data requests filed today or hereafter would require parties to divert attention from preparation for the up-coming hearings without producing any benefit to the Committee's adjudicatory process.

We find that CURE has been granted, and has availed itself of, numerous opportunities to file data requests. Requiring Applicant to answer additional data requests filed after the date of this Order would not likely result in timely information for the Committee's use. Finally, this proceeding is for a Small Power Plant Exemption (SPPE) pursuant to 20 CCR 1934 1946. The abbreviated schedule for an SPPE requires the steps we are now taking to limit the period of discovery. Therefore, pre-hearing discovery is closed as of this date.

So Ordered.

Dated July 23, 2004 at Sacramento, California.




JACKALYNE PFANNENSTIEL
Commissioner and Presiding Member
RERC SPPE Committee




JOHN L. GEESMAN
Commissioner and Associate Member
RERC SPPE Committee

Mailed to Lists: POS, 7185, 7186, 7187



| Project Main Page | Siting Cases Main Page | Commission Homepage | Site Index | Search Site | Links | Contact Us |