NOTICE IS HEREBY GIVEN that the Committee will conduct public Evidentiary Hearings in this case as follows:
THURSDAY and FRIDAY, August 5 and 6, 2004
Beginning at 10:00 a.m.
California Energy Commission
1516 9th Street
Hearing Room A
MONDAY and TUESDAY August 30 and 31, 2004
Beginning at 10:00 a.m.
Riverside City Hall
3900 Main Street
WEDNESDAY, September 1, 2004
Beginning at 10:00 a.m.
City of Riverside Water Quality Control Plant Headquarters
5950 Acorn Street
Based upon discussions at the July 28, 2004, Prehearing Conference, the Committee has divided the topic areas into two categories. At the Evidentiary Hearings, evidence will be taken by declaration on those topic areas so indicated on ATTACHMENT A. In addition, where indicated, testimony will be sponsored by witnesses who will appear and testify. These evidentiary hearings are open to the public; interested individuals and governmental agencies are encouraged to attend.
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 and are shown as being introduced by declaration. Parties proposing to present oral testimony by sponsoring a witness must also provide a written version of that witness' testimony and insure that the witness' qualifications to testify on the appropriate subject matter have been provided to the parties or, if not previously provided, are attached to the witnesses' testimony. Topics for which witnesses will appear are shown in ATTACHMENT A as introduced by a witnesses. In either instance, the testimony must be served upon all parties no later than 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. The Committee may limit the time available for direct and cross examination to accommodate the available hearing days.
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. It is not necessary to become an Intervenor to participate in the public process. Please contact the Public Adviser as indicated below for further information on how to participate.
The Commission's Public Adviser, Margret 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: email@example.com.
III. HEARING ORDER
The following filing schedule shall apply for the Evidentiary Hearing.
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. Electronic copies shall suffice to meet deadlines for this filing requirement. However, hardcopies must be sent as well. Identify all documents with "Docket No. 04-SPPE-01."
|July 29, 2004
||Staff files Final Initial Study and testimony for all topics. Applicant files testimony (except for 8/13/04 topics listed below)
|August 13, 2004
||Applicant files testimony on air quality, noise/biology, and hydrology/water quality.
CURE files testimony for topics to be heard August 30 to September 1.
On July 29, 2004 Applicant will file testimony on the topics of Agriculture and Soils, Cultural, Geology/Paleontology, Land Use, Public Health, Traffic & Transportation, Transmission Line Safety & Nuisance, Transmission System Engineering, Visual, Waste Management, Worker Safety, RERC Policy and Facility Design, RERC operating hours, Hazardous Materials Management, and Socioeconomics.
Technical questions concerning the project should be addressed to James Reede, the Commission Staff's Project Manager, at 916-653-1245 or email at: firstname.lastname@example.org
Questions of a legal or procedural nature should be directed to Gary Fay, 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: email@example.com.
If you have a disability and need assistance to participate in this event, contact
Lourdes Quiroz at 916-654-5146 or e-mail at: firstname.lastname@example.org.
Dated July 29, 2004, at Sacramento, California.
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:
Commissioner and Presiding Member
RERC SPPE Committee
JOHN L. GEESMAN
Commissioner and Associate Member
RERC SPPE Committee
Attachment A - TOPIC and WITNESS SCHEDULE.
Date Uploaded: July 30, 2004.
(Adobe PDF file, 3 pages, 192 kilobytes.)