[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

In the Matter of:




) Docket No.: 97-AFC-2
Application for Certification of )


the Sutter Power Plant Project ) ORDER GRANTING
________________________________ ) LIMITED INTERVENTION

The Committee of the Commission, having considered the Petition to Intervene before it, finds:

  1. Petition to Intervene in the above-captioned matter has been filed by the following:

    Yuba-Sutter Farm Bureau
    Brad Foster
    3658 O’Banion Road
    Yuba City, CA 95993


    Yuba-Sutter Farm Bureau
    Russell Young
    11085 Correll Road
    Meridian, CA 95957

  2. The Petition contains the information required pursuant to Title 20, California Code of Regulations, section 1207; however, the Petition was filed approximately twelve weeks after the published deadline for filing petitions to intervene.

  3. The Applicant has filed opposition to said Petition.

  4. Petitioner represents members whose farm property is adjacent to the proposed project.

  5. Petitioner has shown good cause why it should be granted leave to intervene at this time.

  6. At the evidentiary hearing of November 16, 1998, Petitioner’s representative, Russell Young, modified the Petition, waiving the right to present evidence.

  7. Said Petitioner's interests are relevant to the above-captioned proceeding.


THEREFORE, pursuant to Section 1207(c) of Commission regulations, the Committee ORDERS that the Petition to Intervene in this matter be GRANTED and that the Petitioner be placed upon the Proof of Service List as provided by Section 1712(b) of our regulations. Due to the late date of the Petition, Petitioner shall not have the right to reopen matters which the Committee has completed. Furthermore, to avoid prejudice to other parties and in response to Petitioner’s modification of its Petition, Petitioner Yuba-Sutter Farm Bureau shall not be allowed to present witnesses and submit formal testimony. Subject to these limitations, the Petitioner may exercise the rights and shall fulfill the obligations of a party set forth in Title 20, California Code of Regulations, section 1712. Staff shall ensure that the Petitioner is immediately provided with a copy of the Application for Certification document.


_____//signed//_____ _____//signed//_____
MICHAL C. MOORE, Commissioner WILLIAM J. KEESE, Chairman
Presiding Committee Member Associate Member
Energy Facility Siting Committee Energy Facility Siting Committee

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