) APPLICATION FOR CERTIFICATION FOR THE ) DOCKET NO. 01-AFC- 21 TESLA POWER PLANT PROJECT ) DATA ADEQUATE ) JANUARY 9, 2002 BY FLORIDA POWER AND LIGHT ) ______________________________________________ )
COMMITTEE ORDER DIRECTING PARTIES TO CLARIFY EVIDENCE
Staff submitted several iterations of its proposed Conditions of Certification on Air Quality. To clarify the record, we direct Staff to submit a current version of the proposed Air Quality Conditions in one document, which shall be served and filed by Noon, Wednesday, December 31, 2003.
We find the Socioeconomics testimony provided by Staff and Applicant is potentially inaccurate regarding the calculation of the in-lieu school development fee. The square footage of covered and enclosed structures at the TPP site appears to be underestimated compared with other power plant projects that are less than half the size of the TPP. In addition, it is unclear whether the fee should be paid to school districts in Alameda or San Joaquin Counties since the project is located in Alameda but the affected school districts are in San Joaquin. Applicant is directed to recalculate the square footage, the amount of the in-lieu school development fee, and to identify the school districts that will receive the fee. This information shall be submitted as a new Exhibit and served and filed by Noon, Wednesday, December 31, 2003.
Regarding Biological Resources and Water Resources, a letter dated September 25, 2003, from the USFWS to Commission staff (Jack Caswell) and docketed October 9, 2003, states that "Éthe use of Kern River water is not part of the Tesla Power Plant project because the water withdrawal is likely to occur whether the Tesla Power Plant is built or not." (Proposed Exhibit 164.) The record contains extensive testimony regarding potential impacts on Buena Vista Lake shrew habitats due to Applicant's proposed water diversion plan. During evidentiary hearings, Staff indicated it would defer to USFWS guidance on these potential impacts. In light of Proposed Exhibit 164, Staff and Applicant are directed to submit their positions on whether testimony on the Buena Vista Lake shrew remains relevant to this proceeding. Since Intervenors did not advocate a position on the Buena Vista Lake shrew issue during evidentiary hearings, it is not necessary for them to file a response. The information from Staff and Applicant shall be filed and served by Noon, Wednesday, December 31, 2003.
In addition to printed copies docketed and served on all parties, the submittals described above shall also be sent at the same time via email to the Hearing Officer and to all other parties in MS Word Format.
By this Order, the parties shall be on notice that any new testimony or evidence not previously received in the record but requested by the Committee to clarify the evidence shall be subject to cross-examination by the other parties at an additional evidentiary hearing to be scheduled at the same time as the Committee Conference on the PMPD. A copy of the Committee's current Exhibit List is attached.
Dated December 16, 2003, at Sacramento, California.
JOHN L. GEESMAN
Commissioner and Presiding Member
Tesla AFC Committee
TENTATIVE EXHIBIT LIST
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