California Energy Commission Letterhead

Application for Small Power Plant
Excemption for the Riverside
Energy Resources Center
Units 3 & 4

Docket No. 08-SPPE-1



Staff's Prehearing Conference Statement

The December 3, 2008 Notice of Prehearing Conference and Evidentiary Hearing and Prehearing Conference order issued by the Committee overseeing the application for Small Power Plant Exemption identified a date of December 22, 2008, for the filing of Prehearing Conference Statements. This is staff’s Prehearing Conference Statement.

  1. Complete Topic Areas

    All topic areas are complete and ready to proceed to evidentiary hearings.
  2. Incomplete Topic Areas

    No incomplete topic areas.
  3. Disputed Areas Requiring Adjudication

    No topics disputed or requiring adjudication.
  4. Identity of witnesses, topic areas, testimony summaries, and time requirements

    The staff witnesses sponsoring testimony, a summary of that testimony, and the qualifications of those witnesses are presented in the Initial Study, originally filed on November 12, 2008. Staff does not plan to present direct testimony in any topic, and will submit all testimony by declaration. Staff reserves the right to request permission to present additional testimony, however, if comments provided at the Prehearing Conference indicate that such testimony is warranted.
  5. Cross examination topic areas, summary of scope, and time requirements

    Although Applicant states it will present a single witness for live testimony, staff believes that it will likely not need to conduct cross examination of any witnesses. However, staff reserves the right to request cross-examination, if the comments provided at the Prehearing Conference indicate that such cross-examination is warranted.
  6. Exhibit list

    Staff proposes to identify the Final Initial Study and Mitigated Negative Declaration as Exhibit 200. The Initial Study addresses all technical areas associated with staff’s review of the project. The declarations of all staff who prepared the Initial Study are included in that document. Staff proposes to identify the separate set of proposed Conditions of Exemption, as requested by the Committee in both a clean final version and in underline and strikeout format, as Exhibit 201.
  7. Schedule proposal

    Staff does not believe there will be a need for briefs. However, should the Committee determine briefing on a topic is required, Staff proposes that opening briefs be filed five business days after the hearing transcripts become available, and that reply briefs be filed five business days after the opening briefs are filed. Staff’s counsel will be on vacation from January 8 through January 18, 2008. Staff requests that any briefing schedule begin after January 18.
  8. Conditions of Exemption

    Staff believes that the Conditions of Exemption identified in the Initial Study are complete, enforceable, and supported by the evidence that will be presented at hearings.

Date: December 22, 2008

Respectfully submitted,

Staff Counsel III
California Energy Commission
1516 9th St.
Sacramento, CA 95814
Ph: 916.654.3870