In the Matter of: ) Docket No. 98-AFC-4 ) Application for Certification ) NOTICE OF EVIDENTIARY of the Sunrise Cogeneration ) HEARING CONTINUATION and Power Plant Project ) -and- BRIEFING ORDER ___________________________________)
I. NOTICE OF EVIDENTIARY HEARING
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 on air quality and water quality test data, as listed below:
FRIDAY, January 28, 2000
Beginning at 9 a.m.
First Floor Hearing Room A
California Energy Commission
1516 Ninth Street
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, such as in the area of project alternatives, 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 CommissionŐs 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, 800-822-6228; her email address is: email@example.com
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: firstname.lastname@example.org Questions of a legal or procedural nature should be directed to Gary Fay, the Hearing Officer, at (916) 654-3965 or email: email@example.com 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: www.energy.ca.gov/sitingcases/sunrise
II. BRIEFING ORDER
The parties are directed to file briefs in accordance with the schedule below. Arguments should be supported by references to the date and page number of the official reporterŐs transcript, i.e; (11/5/99 RT 135). In some cases a party may disagree with the Conditions of Certification contained in the staff FSA Parts 1, 2, and 3, (as revised). Where this occurs, the party shall augment its argument by providing specific language which modifies or, where appropriate, replaces the staff Condition of Certification.
Topic Group A: All topics except those noticed for January 10, 11, and 13
Opening briefs: January 24
Reply briefs: February 3
Topic Group B: Public Health, Biology, Worker Safety
Opening briefs: February 3
Reply briefs: February 10
Topic Group C: Air Quality, Soil and Water
Opening briefs: Due 10 days following publication of transcript for January 28, 2000 evidentiary hearing.
Reply briefs: Due 7 days after opening briefs.
Dated: January 14, 2000
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
MICHAL C. MOORE, Commissioner
Presiding Committee Member
Sunrise AFC Committee
DAVID A. ROHY, Ph.D., Vice Chair
Associate Committee Member
Sunrise AFC Committee
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