[California Energy Commission Letterhead]


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PLEASE TAKE NOTICE that the Energy Commission has designated a Committee of two Commissioners to conduct proceedings on the Application for Certification of the Tesla Power Project. The Committee has scheduled a Site Visit and Prehearing Conference as follows


Site Visit beginning at 4:00 p.m.
Public Prehearing Conference beginning at 6:00 p.m.

Tracy Community Center
300 East 10th Street
Tracy, California

(Wheelchair Accessible)

Prior to the Conference, members of the public are invited to join the Committee on a tour of the proposed site, beginning at 4:00 p.m., in the Tracy Community Center parking lot. The Applicant will provide bus transportation to the site, which is about 11 miles from the Tracy Community Center. Please contact the Energy Commission's Public Adviser to make bus reservations by calling 1-800-822-6228 or email: pao@energy.state.ca.us.. Bus reservations are necessary to accommodate those who wish to participate in the site visit. Following the site visit, we will return to the Tracy Community Center to convene the Prehearing Conference at 6:00 p.m.

PLEASE ALSO TAKE NOTICE the Committee has established the following schedule:

  • Last date for Petitions to Intervene July 22, 2003 by 12 noon
  • Prehearing Conference Statements due July 22, 2003 by 12 noon
  • Purpose of Prehearing Conference

    The Prehearing Conference is a public forum where the Committee will assess the parties' readiness for evidentiary hearings, identify areas of agreement or dispute, and discuss the remaining schedule and procedures necessary to conclude the certification process. (Cal. Code of Regs., tit. 20, §1718.5.)

    At this event, all parties (Staff, Applicant, and Intervenors) shall present their respective positions regarding: the substantive topic areas ready for evidentiary hearings; those that require further analysis, including the nature of, and timeframe for, any such analysis; the topic areas that have been resolved; and those topic areas that are disputed and require adjudication. The parties shall also identify proposed witnesses, as well as the time required for direct testimony and/or cross-examination.

    Local, state, and federal governmental agencies may participate as necessary. (Cal. Code of Regs., tit. 20, § 1714.5.)

    Prehearing Conference Statements

    To facilitate the process, each party shall serve and file a Prehearing Conference Statement. The statements shall be received by the other parties and the Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512, no later than 12 noon on July 22, 2003. Identify these statements with "Docket No. 01-AFC-21." In addition to providing printed copies, parties shall email the statements to the Hearing Officer and those with email addresses as reflected on the Proof-of-Service list.

    Each statement shall specify:

      1. The topic areas that are complete and ready to proceed to evidentiary hearings;

      2. The topic areas that are not complete and not yet ready to proceed to evidentiary hearings, and the reasons therefor;

      3. The topic areas that remain disputed and require adjudication, and the precise nature of the dispute for each topic;

      4. The identity of each witness sponsored by each party, the topic area(s) which each witness will present; a brief summary of the testimony to be offered by each witness; qualifications of each witness; and the time required to present direct testimony by each witness;

      5. Topic areas upon which a party desires to cross-examine witnesses, a summary of the scope of such cross-examination, and the time desired for such cross-examination;

      6. A list identifying exhibits and declarations that each party intends to offer into evidence and the technical topics to which they apply;

      7. Proposals for hearing dates, briefing deadlines, vacation schedules, and other scheduling matters; and

      8. For all topics, the parties shall review all proposed Conditions of Certification for enforceability, comprehension, and consistency with a party’s respective analysis, and submit any proposed modifications.

    Petitions to Intervene to Become a Formal Party

    The Energy Commission's Decision on the Tesla Power Project will be based on the official evidentiary record developed at the Committee's Evidentiary Hearings, which will be scheduled following the Prehearing Conference. Only formal parties may present evidence at the Evidentiary Hearings.

    Anyone with a legitimate interest in the Tesla Power Project may file a Petition to Intervene and become a formal party. At the Evidentiary Hearings, a formal party may offer testimony and documentary evidence, receive documents filed by other parties, and cross-examine witnesses. However, a formal party must also comply with Committee orders, procedures, and filing requirements, and is subject to discovery and having its own witnesses cross-examined by other parties.

    Petitions to Intervene in this case shall be filed no later than 12 noon on July 22, 2003. Time extensions for new Intervenors to review existing case materials are not granted after the date of the Notice of Prehearing Conference (July 18, 2003) since to do so could delay the proceeding.

    How to Intervene

    The Energy Commission's Public Adviser will assist any person or organization interested in preparing a Petition to Intervene. Those desiring information or assistance in filing a Petition to Intervene may contact Roberta Mendonca, the Public Adviser, at 916-654-4489 or 800-822-6228 or email at: pao@energy.state.ca.us..

    Public Participation

    Members of the general public are welcome to attend the site visit and/or provide public comment at the Prehearing Conference. It is not necessary to become an Intervenor to participate in the public process. Please contact the Public Adviser as indicated above for further information on how to participate.

    Additional Information

    Technical questions concerning the project should be addressed to Jack Caswell, the Commission Staff's Project Manager at 916-653-0062 or email at: jcaswell@energy.state.ca.us.

    Questions of a legal or procedural nature should be directed to Susan Gefter, the Committee's Hearing Officer, at 916-654-3893 or email at: sgefter@energy.state.ca.us

    Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at 916-654-4989 or email at: energia@energy.ca.gov

    If you have a disability and need assistance to participate in this event, contact Lourdes Quiroz at 916-654-5146 or e-mail at: quiroz@energy.state.ca.us Information concerning the status of the project, notices, and other relevant documents, are posted on the Energy Commission's Internet webpage at:


    Dated June 18, 2003, at Sacramento, California.


    Commissioner and Presiding Member
    Tesla AFC Committee

    Commissioner and Associate Member
    Tesla AFC Committee

    Mail Lists: 7136, 7137, 7138

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