STATE OF CALIFORNIA
Energy Resources Conservation
and Development Commission
In the Matter of:
Application for Certification for the
Sunrise Cogeneration and Power
Docket No. 98-AFC-4
EVIDENTIARY HEARING and
REVISED HEARING ORDER
Sunrise and California Unions for Reliable Energy (CURE) are the moving parties to a dispute regarding the confidentiality of certain air quality information held by this agency. In response to Sunrise's July 12, 1999, Petition for Reconsideration of a decision by the Chief Counsel to release the information, the Commission issued its July 26, 1999, Notice of Evidentiary Hearing and Hearing Order. However, on July 29, 1999, Sunrise and CURE filed a stipulation, which states in part:
Sunrise and CURE anticipate that the PDOC [Preliminary Determination of Compliance] will identify the offset package proposed by Sunrise.
Sunrise and CURE agree that the Chief Counsel's decision that Sunrise's confidential records are available for inspection and copying shall remain stayed.
CURE's Petition for Inspection and Copying of Confidential Records, CURE's Data Request Number 114, and Sunrise's Petition for Reconsideration of the Chief Counsel Decision shall be taken off calendar and held in abeyance and shall be deemed to be withdrawn in the event that any of the following occur:
- The parties file a statement of withdrawal;
- CURE fails to serve a request for missing information on Sunrise within 14 days of the issuance of the PDOC; or,
- Sunrise supplies the missing information requested by CURE and CURE does not serve a written objection on Sunrise that Sunrise's response is inadequate within 5 days after receipt of the missing information.
The Commission deems the stipulation as a request by both parties to delay the evidentiary hearing previously noticed for August 11, 1999. Furthermore, by filing the stipulation, the parties are deemed to have waived their right to a Commission decision of the disputed matter within the time limits set forth Title 20, California Code of Regulations section 2506. Pending a more specific expression of the parties' intentions, the Commission will POSTPONE the evidentiary hearing on the matter, until the Business Meeting of September 8, 1999.
This document cancels the directives contained in the Notice of Commission Evidentiary Hearing and Hearing Order, issued on July 26, 1999. As a result, the parties and the SJVAPCD are NOT required to file written testimony, provide witnesses, or otherwise appear at the Commission on August 11, 1999.
If you want information concerning public participation in this case, please contact Roberta Mendonca, the Commission's Public Adviser, at (916) 654-4489 or, toll free in California, at (800) 822-6228, or email: email@example.com
Media inquiries should be addressed to Claudia Chandler at (916) 654-4989, or email: firstname.lastname@example.org
Technical questions concerning the project should be addressed to Roger E. Johnson, the Commission's Acting Project Manager, at (916) 653-0385, or email: email@example.com
Questions of a legal or procedural nature should be directed to Gary Fay, the Hearing Officer, at (916) 654-3893. Information concerning the status of the project, as well as notices and other relevant documents, is also available on the Energy Commission's Internet home page at: www.energy.ca.gov/sitingcases/sunrise
Date On-line: July 30, 1999
WILLIAM J. KEESE
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
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