In the Matter of:
Application for Certification
for the Sutter Power Plant Project
NOTICE OF PREHEARING
NOTICE IS HEREBY GIVEN that the Committee conducting proceedings in the above-captioned matter will hold a public Prehearing Conference as follows:
WEDNESDAY, August 19, 1998
Beginning at 10 a.m.
Veterans Memorial Community Building
1425 Circle Drive
Yuba City, California 95658
The Applicant and the Commission staff will present their respective positions on which issues will require future adjudication. Intervenors should be prepared to do the same. Interested agencies and members of the public are encouraged to attend; representation by legal counsel is not necessary.
Purpose of the Prehearing Conference. As set forth in Title 20, California Code of Regulations, Section 1718.5, the basic purposes of this Prehearing Conference are to discuss procedures, identify issues and witnesses, and set schedules for forthcoming documents and future evidentiary hearings on the Sutter Power Plant Project.
Procedures. At the Prehearing Conference, the Committee will discuss procedures to be utilized during the remainder of the hearing process which will enable the Committee to conclude the process in a timely manner. Discussion areas will include the filing dates for testimony, the dates for production of documents such as the Final Staff Assessment and Determination of Compliance, subsequent briefing and comment periods, and other reasonably related matters.
Issue and Witness Identification. A major purpose of the Prehearing Conference is to help the Committee arrange the evidentiary hearings. At the evidentiary hearings the Committee will require witnesses from the Applicant and the Staff to testify, under oath (or affirmation) and be subject to cross-examination, concerning each technical topic area relevant to an analysis of the proposed project. Other parties may also present witnesses on matters within their expertise or concern.
Consequently, parties shall identify in their Prehearing Conference Statements: which topic areas remain in dispute and the precise nature of the dispute; which topic areas are undisputed; the witnesses who will testify upon each topic area; a brief summary of the witnesses' qualifications and the testimony which will be presented; and any exhibits which will be offered into evidence. Parties intending to sponsor witnesses at future evidentiary hearings shall provide this information in their written Prehearing Conference Statements.
Prehearing Conference Statements. Parties intending to participate at the Prehearing Conference shall file Statements providing information on the items discussed above. These Statements must be served upon all other parties and the Commission's Docket Unit, 1516 Ninth Street, MS-4, Sacramento, California 95814, no later than WEDNESDAY, August 12, 1998. Identify these statements with Docket No. 97-AFC-2.
Interested members of the public or governmental agencies may comment at the Prehearing Conference. In addition, 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.
Any Petition to Intervene should be filed prior to the August 19, 1998, Prehearing Conference. The Public Advisor's Office will assist anyone interested in preparing a Petition to Intervene. Those intervening at this late point in the proceeding will typically not be allowed time extensions in order to catch up since to do so would necessarily delay the proceeding.
Those desiring information or assistance concerning participation in these proceedings should contact Roberta Mendonca, the Public Advisor, at (916) 654-4489 or toll free, (800) 822-6228. Paul Richins, the Staff Project Manager, will respond to technical inquiries and may be reached at (916) 654-4074. Questions of a legal or procedural nature should be addressed to Gary Fay, the Hearing Officer, at (916) 654-3965. Please contact Robert Sifuentes at (916) 654-5005 if you require special accommodation to participate at this meeting.
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/sutter
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
MICHAL C. MOORE, Commissioner
Presiding Committee Member
WILLIAM J. KEESE, Chairman
Associate Committee Member
Date Mailed: July 28, 1998
Mailed to List: #709, Proof of Service List
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