[California Energy Commission Letterhead]


BEFORE THE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION
OF THE STATE OF CALIFORNIA



)  
APPLICATION FOR CERTIFICATION FOR THE ) DOCKET NO. 01-AFC- 21
TESLA POWER PLANT PROJECT ) DATA ADEQUATE JANUARY 9, 2002
BY FLORIDA POWER AND LIGHT )  
______________________________________________ )  

 

NOTICE OF EVIDENTIARY HEARINGS AND HEARING ORDER

PLEASE TAKE NOTICE that the Committee will conduct formal evidentiary hearings on the proposed Tesla Power Project as follows:


WEDNESDAY, SEPTEMBER 10, 2003
1 p.m. - 8 p.m.
-and-
THURSDAY, SEPTEMBER 11, 2003
9 a.m. - 8 p.m.
VFW Post #1537 Meeting Hall
430 West Grant Line Road
Tracy, California


-and-
FRIDAY, SEPTEMBER 12, 2003
9 a.m. - 6 p.m.
Board Room
Tracy Unified School District Education Center
1875 West Lowell
Tracy, California


and, if necessary-
THURSDAY, SEPTEMBER 18, 2003
Beginning at 10 a.m.
Hearing Room A
California Energy Commission
1516 9th Street
Sacramento, California





Teleconference: A toll-free number is available for those who cannot attend the hearing on September 18 in Sacramento: 1-888-809-8967. The passcode is Tesla. The conference leader is Susan Gefter.


Those who plan to call during the hearing in Sacramento must reserve a toll-free line by contacting Roberta Mendonca, the Energy Commission's Public Adviser, at 916-654-4489 or toll free in California at 1-800-822-6228, or email at pao@energy.state.ca.us


The hearings will recess for lunch and dinner breaks as determined by the Committee.


This Notice includes a list of witnesses for each topic (Attachment A) and the remaining schedule for the proceeding (Attachment B).

BACKGROUND

At the Prehearing Conference on July 30, 2003, Applicant, Staff, Intervenors Bob Sarvey and the San Joaquin Valley Unified Air Pollution Control District ("San Joaquin APCD") indicated they were ready to proceed to evidentiary hearings. Intervenor CARE filed a Prehearing Conference Statement but did not appear at the Prehearing Conference due to illness.

Several topics remain disputed and will be litigated at the evidentiary hearings. Applicant shall present live testimony on the topic of "project description" to set the context for the project proposal. In addition, Applicant and Staff shall provide witnesses on the topics of air quality, alternatives, biological resources, land use, water resources, and worker safety and fire protection. Applicant and Staff shall make witnesses available for cross-examination on those topics as well as the topics identified by Intervenors, which include compliance, cultural resources, hazardous materials management, public health, and socioeconomics. Staff shall also provide supplemental testimony in response to Committee questions discussed at the Prehearing Conference. See Attachment B, which sets deadlines for submitting written testimony, exhibits, and qualifications of proposed expert witnesses.

Representatives from the San Joaquin APCD and the Bay Area Air Quality Management District are requested to attend the hearings and provide testimony on air quality and public health. Representatives from the water agencies affected by the parties' water supply proposals are also encouraged to participate at the hearings. The parties shall provide conclusive documentation regarding the status of the Williamson Act contract cancellation process. Representatives from the Alameda County Fire Department and the City of Tracy Fire Department are requested to participate on the topic of Fire Protection.

EVIDENTIARY HEARING PROCEDURES

The purpose of evidentiary hearings is to establish the factual record necessary for the Commission to reach a decision on the proposed project. The record is developed by the presentation of oral and written testimony, as well as documentary evidence submitted by the parties. Testimony on undisputed topics may be submitted by declaration filed under penalty of perjury.

During evidentiary hearings, all parties (Applicant, Staff, and Intervenors) shall present evidence consisting of declarations or sworn testimony in person, and exhibits for each topic area. The parties must identify their witnesses and submit their testimony in writing prior to the hearing. All witnesses who appear in person shall testify under oath or affirmation and will be subject to cross-examination by other parties.

A party sponsoring a witness at the hearings shall briefly establish the expert qualifications of the witness and ask the witness to summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits should be offered into evidence at that time. At the conclusion of a witness's direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect, and recross examination as appropriate. Multiple witnesses may testify as a panel, if warranted.

REQUIRED FILINGS

The parties shall file and serve copies of their prepared written testimony, proposed exhibits, and proposed exhibit lists no later than 5 p.m. on August 29, 2003. Rebuttal testimony and final exhibit lists shall be filed and served no later than 5 p.m. on September 5, 2003.

The parties shall also send electronic copies of their written testimony and exhibit lists to the Proof of Service list and to the Hearing Officer via email. Any request for additions, changes, or substitutions to the hearing schedule shown in Attachment A should be included in the August 29th filings.

All proposed exhibit lists shall be submitted in the following format:



EXHIBIT 1 Name of Exhibit, [if letter from (name) to (name)],
Description of Exhibit, dated ____. Docketed date.
Submitted by Applicant, Staff, or Intervenor (Name of
Intervenor) and received into evidence on September ___, 2003.

1 The parties must file written testimony in accordance with the schedule set forth in this Notice in order to present testimony at the hearings. Any direct testimony offered after the noticed dates may be subject to motions to strike by the other parties.

The parties shall number their exhibits as follows:

Exhibits 1-50Applicant
Exhibits 51-70Staff
Exhibits 71-100Intervenor Bob Sarvey
Exhibits 101-120Intervenor Mike Boyd (CARE)

All parties shall submit a copy of each of their exhibits, numbered in accordance with their proposed Exhibit Lists and collected in binders, to the Hearing Officer no later than 5 p.m. on September 5, 2003.

The rules of evidence pertaining to these hearings may be found at Sections 1212-1213 of the Commission's regulations. [Cal. Code Regs., tit. 20, 1212, 1213; see also 1702 (h)]. The regulations can be viewed on the Commission's Internet website at: http://www.energy.ca.gov/siting/title20/tofc.html

The Applicant has the burden of presenting sufficient substantial evidence to support the findings and conclusions required for certification of the site and related facilities. [Cal. Code of Regs., tit. 20, 1748(e)].

PUBLIC PARTICIPATION

Members of the public may participate at the evidentiary hearings and offer unsworn public comment on the topics addressed at the hearings. 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. Those desiring information on how to participate may contact Roberta Mendonca, the Energy Commission's Public Adviser, at 916-654-4489 or 1-800-822-6228 or email at: pao@energy.state.ca.us

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, may be viewed on the Energy Commission's Internet webpage at:

http://www.energy.ca.gov/sitingcases/tesla


Dated August 14, 2003, at Sacramento, California.

 




JOHN L. GEESMAN
Commissioner and Presiding Member
Tesla AFC Committee




ARTHUR H. ROSENFELD
Commissioner and Associate Member
Tesla AFC Committee


All notice
(Attachment A)
(Attachment B)






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