NOTICE IS HEREBY GIVEN that the Committee will conduct public Evidentiary Hearings in this case as follows:
TUESDAY, January 25, 2005
Beginning at 10:00 a.m.
California Energy Commission
1516 9th Street
Hearing Room A
Based upon discussions at the January 6, 2005, Prehearing Conference, and upon the results of the workshop which followed, the Committee has determined the manner in which evidence will be received in this case. At the Evidentiary Hearings, evidence will be taken by declaration on all topic areas so indicated on ATTACHMENT A. However, in some cases, a party may choose to make its witness available, under oath, to sponsor its declaration and summarize details. These evidentiary hearings are open to the public; interested individuals and governmental agencies are encouraged to attend.
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 witness. 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. Any 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 Final Staff Assessment, the Application for Certification 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 any direct and cross examination to accommodate the available hearing day.
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.
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."
|January 14, 2005
||Applicant files testimony for all topics. Staff files supplementary testimony as needed.|
|January 25, 2005
||Evidentiary hearing on all topics.|
|February 14, 2005
||All parties file briefs.|
Dated January 10, 2005, at Sacramento, California.
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.
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/roseville.
JOHN L. GEESMAN
Commissioner and Presiding Member
Roseville AFC Committee
ARTHUR H. ROSENFELD
Commissioner and Associate Member
Roseville AFC Committee