Hearing Notice and Committee Revised Scheduling Order
[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

In the Matter of:                   )      Docket No. 01-AFC-7
Application for Certification       )      AFC ACCEPTED 7/11/01




Committee Hearing

The Committee for this proceeding will hold a Hearing to take place as follows:

THURSDAY, December 6, 2001
Beginning at 10 a.m.
California Energy Commission
First Floor Hearing Room B
1516 Ninth Street
Sacramento, California
(Wheelchair Accessible)

The purpose of the hearing is to review milestones in the case schedule and to determine whether the AFC is suitable for the process set forth in Public Resources Code section 25550.


On October 18, 2001, Commission staff filed its Petition to Convert Proceeding (Petition). Pursuant to California Code of Regulations, Title 20, Section 2028, Staff's Petition sought to convert the Russell City case from the siting process described in Public Resources Code section 25550 to the 12-month process identified in Public Resources Code section 25522. The Petition alleged four separate grounds for the conversion. Applicant subsequently filed a motion to extend the proceeding schedule and to oppose Staff's Petition. Intervenor East Bay Regional Park District (Park District) filed comments in support of the Staff Petition.

This Scheduling Order is based on the pleadings noted above and on discussions at the November 5, 2001, Committee Scheduling Conference. At the Conference, Staff withdrew the portion of its Petition which sought to convert the Russell City proceeding from the section 25550 accelerated process, focusing instead on an extension to the case schedule. The Park District also noted that its concern was essentially limited to extending the schedule.


Since Staff and the Park District no longer seek to convert this case from the section 25550 process, the Committee need not rule on that question at this time. Furthermore, at the Scheduling Conference, the parties reached agreement on a schedule for the duration of the proceeding. A portion of that schedule is attached and is hereby adopted by the Committee, subject to the following caveats.

The attached Committee Schedule contains a list of events that must occur in order to complete the certification review in a timely manner. Several deadlines listed in the schedule are contingent upon reviews and analyses to be conducted by other federal, state, and local agencies. If those reviews are not completed on the dates listed in the Committee Schedule, the Committee may need to further modify the schedule. At the November 5, 2001, Committee Scheduling Conference, Applicant alleged that it anticipated filing on November 5, 2001, the Preliminary Determination of Compliance (PDOC) prepared by the Bay Area Air Quality Management District (BAAQMD). In fact, at this writing the Applicant has still not filed the PDOC. Accordingly, at the December 6, 2001, hearing the Committee will reevaluate the appropriateness of maintaining this case in the section 25550 accelerated siting process.

As we have previously stated, the Commission staff is responsible for meeting all Committee deadlines for the filings produced by the staff. The Applicant bears the burden of proof in this proceeding and must be responsible for the timeliness of its own filings as well as those of all other agencies outside the Commission. Thus, a delay by an agency other than the Commission staff in filing a required document may result in a necessary extension of the Committee schedule.

The Committee may modify the schedule at any time either upon its own motion or that of a party. [Cal. Code of Regs., tit. 20, section 1709(c)]. The schedule requires periodic status reports from the parties to determine whether case development is progressing satisfactorily, and to bring potential schedule delays or other relevant matters to the Committee's attention.

For information on public participation, contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or, (800) 822-6228 or email: pao@energy.state.ca.us

Technical questions concerning the project may be addressed to Kae Lewis, the Commission Staff's Project Manager at (916) 654-4176 or email at: klewis@state.ca.us

Legal or procedural questions should be directed to Gary Fay, the Hearing Officer, at (916) 654-3893 or email at: gfay@energy.state.ca.us

Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or email at: energia@energy.ca.gov

Information concerning the status of the project is available on the Energy Commission's Internet home page at: www.energy.ca.gov/sitingcases/russellcity


Dated November 9, 2001 at Sacramento, California.




Commissioner and Presiding Member
Russell AFC Committee

Commissioner and Associate Member
Russell AFC Committee



Committee Revised Schedule for Russell City Energy Center
Revised on 11/9/01
10/30/01 111 Staff filed Staff Assessment
11/5/01 117 Applicant estimates BAAQMD files PDOC1
Staff holds SA workshop(s)
12/6/01 148 Hearing to determine PRC section 25550 status
12/17/01 159 BAAQMD files Final DOC2
12/20/01 162 Parties files Status Report #3
1/3/02 170 Staff files addendum to SA
1/9/02 182 Parties file Prehearing Conference Statements
1/14/02 187 Prehearing Conference



1Applicant's estimated date for filing. As of 11/8/01 the PDOC was not filed. The delay in this filing threatens the above schedule.

2>This estimated date for the Final DOC was provided by Applicant. If the FDOC is not filed on the date identified, it could effect subsequent dates in the schedule.

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