STATE OF CALIFORNIA
Energy Resources Conservation
and Development Commission
In the Matter of: ) Docket No. 98-AFC-4 Application for Certification for the ) NOTICE OF PREHEARING CONFERENCE Sunrise Cogeneration and Power Project ) and (SUNRISE) ) SCHEDULING ORDER ) _________________________________________)
I. NOTICE OF PREHEARING CONFERENCE
NOTICE IS HEREBY GIVEN that the Committee will conduct a public Prehearing Conference as follows:
WEDNESDAY, September 1, 1999
Beginning at 10 a.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
At this event, all parties shall present their respective opinions concerning: which substantive topic areas are ready for formal evidentiary hearings; which require further analysis, including the nature of, and timeframe for, any such analysis; which topic areas the parties have reached agreement upon; and which remain subject to disagreement and require adjudication.
Interested agencies and members of the public are encouraged to attend and may comment at this Conference.
Purposes and Procedures
The Prehearing Conference is a public forum to assess the partiesÕ readiness for evidentiary hearings, to identify areas of agreement or dispute, and to discuss procedures which will assist the Committee in concluding this licensing process according to the schedule issued by the Committee on April 1, 1999. In this regard, the parties shall be prepared to discuss the matters mentioned above as well as future filing dates for testimony and other evidentiary documents, briefing and comment periods, and other related items reflected on the CommitteeÕs April 1 schedule, a copy of which is attached.
Prehearing Conference Statements
Each party shall serve and file a Prehearing Conference Statement. These Statements must be received at the Commission Docket Unit, 1516 Ninth Street, MS-4, Sacramento, California 95814, no later than 5:00 p.m., on Wednesday, August 25, 1999. Identify these Statements with "Docket No. 98-AFC-4."
Each Statement shall specify:
- the topic areas which a party believes are ready to proceed to evidentiary hearings;
- the topic areas which a party believes are not yet ready to proceed to evidentiary hearings and the reasons therefor;
- whether or not a dispute requiring adjudication exists for any topic area; for topic areas which remain disputed, include a brief summary of the precise nature of the dispute;
- the identity of the witness(es) a party proposes to sponsor, the topic area upon which the witness(es) will testify, a brief summary of the testimony to be offered and of the witness(es) qualifications, and the time required to present direct testimony;
- any exhibits a party intends to offer as evidence; and
- any comments on the attached schedule.
Interested members of the public or governmental agencies may comment at the Prehearing Conference.
Petitions to Intervene to Become a Formal Party
Anyone with a legitimate interest relevant to the siting of the proposed project may file a Petition to Intervene and become a formal party to the proceeding. Party status provides the rights to present independent evidence, receive pertinent documents, and cross-examine witnesses; it also imposes the duties to comply with various orders, procedures, and filing requirements, as well as be subject to cross-examination by other parties.
The Public AdviserÕs Office will assist anyone interested in preparing a Petition to Intervene. Commission regulations provide that a Petition to Intervene should be filed at least 30 days prior to the beginning of evidentiary hearings. [20 Cal. Code of Regs., sec. 1207(b)]. In this instance the Committee directs that any Petition to Intervene should be filed prior to the September 1, 1999, Prehearing Conference. Typically, by the time the Committee schedules a Prehearing Conference, intervenors are not granted time extensions to review existing case materials since to do so could delay the proceeding.
Those desiring information or assistance concerning participation in these proceedings should contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or, toll free, (800) 822-6228, or at firstname.lastname@example.org.
Roger Johnson, the Acting Staff Project Manager, will respond to technical inquiries and may be reached at (916) 653-0385. Questions of a legal or procedural nature should be addressed to Gary Fay, the Hearing Officer, at (916) 654-3893.
Contact Robert Sifuentes at (916) 654-5004 if you require special accommodation to participate at this meeting. Media inquiries should be directed to Claudia Chandler, Assistant Executive Director, at (916) 654-4989.
II. SCHEDULING ORDER
Public Resources Code sections 25522(a) and 25540.6(a) provide, in part, that the Commission shall issue a final decision on an Application for Certification (AFC) within twelve months of its filing, or at a later time as is mutually agreed by the Commission and the Applicant. The Commission accepted the AFC for the Sunrise Cogeneration and Power Project on February 17, 1999.
We will therefore adhere to the attached schedule (below), which provides for a final Commission decision on February 16, 2000. Information concerning the status of the project, as well as notices and other relevant documents, is also available on the Energy CommissionÕs Internet home page at: www.energy.ca.gov/sitingcases/sunrise
Date on Line: August 26, 1999
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
MICHAL C. MOORE, Commissioner
DAVID A. ROHY, Ph.D., Vice Chair
SUNRISE COGENERATION SCHEDULE
Staff releases Preliminary Staff Assessment (PSA) August 2 Staff conducts PSA workshops August 15-31 Applicant provides Final Determination of Compliance from SJVUAPCD August 16 Parties file Prehearing Conference Statements and Status Report #5 August 25 Committee Prehearing Conference September 1 Staff releases Final Staff Assessment (FSA) as testimony September 15 Applicant and all other parties submit testimony September 22 Evidentiary hearings Sept. 30 ŠOct. 12 Parties file Opening Briefs October 26 Parties file Reply Briefs November 5 Presiding Member's Proposed Decision (PMPD) issued December 17 Parties file comments on PMPD January 5, 2000 Conference on PMPD January 11 Close of comment period on PMPD January 19 Revised PMPD issued February 1 Conference on Revised PMPD February 9 Commission considers Revised PMPD and Final Decision February 16
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