[California Energy Commission Letterhead]


Energy Resources Conservation
and Development Commission

In the Matter of:               )     Docket No. 98-AFC-4 
Application for Certification   )     NOTICE OF EVIDENTIARY
of the Sunrise Cogeneration     )     HEARINGS -and- HEARING ORDER
and Power Plant Project         )


This Notice is to inform you that the Committee designated to conduct proceedings on the Application for Certification of the Sunrise Cogeneration and Power Plant Project will hold EVIDENTIARY HEARINGS as listed below:

TUESDAY, October 12, 1999
beginning at 10:00 a.m.

* * * and * * *

THURSDAY,October 14, 1999
Beginning at 1:00 p.m.

* * * and * * *

FRIDAY, October 15, 1999
Beginning at 9:00 a.m.

California Energy Commission
First Floor Hearing Room B
1516 Ninth Street
Sacramento, CA
[Wheelchair Accessible]

Members of the public and interested agencies are invited to attend all of the evidentiary hearings. Time will be reserved at each hearing to allow members of the public to comment.

A. Formal Evidentiary Hearing Procedures

The purpose of the evidentiary hearings is to establish the factual record in this case through the taking of written and oral testimony as well as documentary exhibits from the parties. The evidentiary hearings are, by law, more structured than the informal workshops which have already occurred. All witnesses must file their testimony in writing prior to testifying at the evidentiary hearings. Where appropriate, multiple witnesses may testify as a panel. Witnesses will testify under oath or affirmation and be subject to cross-examination by other parties which have intervened in the case.

At the evidentiary hearing, a party sponsoring a witness shall briefly establish the witness' qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant documentary 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 examination and recross as appropriate.

B. Public Participation

Members of the public and interested governmental agencies are invited to attend these hearings and may offer unsworn public comment upon the matters discussed. These public comments will be entered into the record of the proceeding and may be used 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 an issue.

The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at these hearings. She may be reached at (916) 654-4489 or, toll free, at 800-822-6228; her email address is: pao@energy.state.ca.us

C. Further Information

Technical questions concerning the project should be addressed to Marc Pryor, the Commission's Project Manager, at (916) 653-0159 or email: mpryor@energy.state.ca.us Questions of a legal or procedural nature should be directed to Gary Fay, the Hearing Officer, at (916) 654-3965 or email: gfay@energy.state.ca.us If you require special accommodations, contact Robert Sifuentes at 654-5004, five days prior to the meeting. Information about the project is available on the Energy Commission's web site at:



The Commission staff (staff) shall file the initial section of its Final Staff Assessment (FSA) no later than close of business on October 1, 1999.1 {Note 1 - Based on the September 28, 1999 memorandum from Energy Commission staff, the Committee anticipates that the FSA will address the following topic areas: Project Description, Need Conformance, Transmission Line Safety and Nuisance, Hazardous Material Management, Waste Management, Land Use, Noise, Visual Resources, Cultural Resources, Geologic and Paleontological Resources, Power Plant Reliability, Power Plant Efficiency, Biological Resources, Facility Design, General Conditions (Compliance Monitoring and Facility Closure), and Alternatives.} Typically, the staff relies upon the FSA to serve as its written testimony in a case. The Applicant and other parties shall serve their written testimony on those topics addressed by the staff in its October 1, 1999 FSA sections, no later than the close of business on Wednesday, October 6, 1999. Filings shall be served upon all parties to this proceeding and the Commission's Docket Unit, 1516 Ninth Street, MS-4, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received no later than 5:00 p.m. on the dates indicated. Identify all documents with "Docket No. 98-AFC-4."

At a later time the Committee will announce filing dates for testimony on topic areas not addressed in the FSA sections filed on October 1, 1999. The attached schedule indicates probable dates for future hearings on some topics. The Committee will allow time for public comment following the summaries for each subject area.

A number of subject areas, while each important to the siting, construction, and operation of the project, have not generated obvious disputes in this proceeding.2 {Note 2 - These subject areas are: Facility Design, Power Plant Reliability, Power Plant Efficiency, Waste Management, Geological and Paleontological Resources, Transmission Line Safety and Nuisance, Noise, General Conditions (Compliance Monitoring and Facility Closure).} Therefore, Applicant, Staff and other parties may submit testimony in these areas based on affidavit. Affidavits must specify all documentary evidence upon which the witness relies. In lieu of requiring the expert witnesses in these areas to be present, a representative with general knowledge of the subject, such as a project manager, shall be available to answer questions. Any party who desires that an expert witness be available for one of these noted topic areas, may file a motion with the Committee no later than October 6, 1999.

The Committee will take evidence based on the Topic and Witness Schedule for Evidentiary Hearings which is attached. Unless a party requests otherwise, presentation of evidence will follow the agenda reflected in ATTACHMENT A.

Date On Line: October 6, 1999


MICHAL C. MOORE, Commissioner
Presiding Member
Sunrise AFC Committee

DAVID A. ROHY, Ph.D., Vice Chair
Associate Member
Sunrise AFC Committee



For Evidentiary Hearings

Sunrise Cogeneration and Power Plant Project
Docket No. 98-AFC-4

The Committee will hear topics according to the following agenda. Any requests for changes/substitutions, etc. should be made in the party’s October 6, 1999 filing.


Beginning at 10 a.m.




Project Description

Applicant: ?

Staff: Pryor/Bergquist


Applicant: Way

Staff: Allen

General Conditions: Compliance Monitoring and Closure

Applicant: Stein

Staff: Scott

Need Conformance

Applicant: Stein

Staff: Wetherall

Facility Design

Applicant: Armbruster/Stephenson/Lee/ Engemann/Petersen

Staff: Kisabuli


Staff: Kisabuli

Power Plant Reliability

Applicant: Armbruster

Staff: Baker

Power Plant Efficiency

Applicant: Armbruster

Staff: Baker

Waste Management

Applicant: Luzuriaga/Stout

Staff: Ringer

Transmission Line Safety and Nuisance

Applicant: Pearson/Mundy

Staff: Odoemelam

Geology and Paleontologic Resources

Applicant: Lander/Cudzilo

Staff: Anderson

Cultural Resources

Applicant: Stein/Jackson

Staff: Matthews


Applicant: Reinhardt

Staff: Kisabuli



Beginning at 1 p.m.




Hazardous Materials Management

Applicant: Muraoka/Chambers/Clark/Soares

Staff: Tyler


Land Use

Applicant: Smith

Staff: Stennick

Visual Resources

Applicant: Muraoka/Elliot

Staff: Walker

The hearing scheduled for Friday, October 15, 1999, will only take place as needed to address topic areas not completed during the hearings on October 12 and 14.



(Tentative Schedule)

Note: Holding evidentiary hearings on this date presumes that staff will file testimony on these topics on or before October 15, 1999, with other parties filing their testimony on these topics on Friday, October 22, 1999.



Traffic and Transportation

Applicant: Muraoka/Weiss/Clark

Staff: Flores


Applicant: Priest

Staff: Diamond

Transmission System Engineering

Applicant: Mundy/Dinkel

Staff: McCuen

Cal ISO: Daschmans

CURE: Marcus

Worker Safety and Fire Protection

Applicant: Worl

Staff: Tooker


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