Energy Resources Conservation and Development Commission
OF THE STATE OF CALIFORNIA
APPLICATION FOR CERTIFICATION OF THE
GWF TRACY PEAKER PROJECT
IN SAN JOAQUIN COUNTY
(GWF ENERGY LLC)
DOCKET NO. 01-AFC-16
( DATA ADEQUATE OCTOBER 17, 2001)
NOTICE OF PREHEARING CONFERENCE and
REVISED COMMITTEE SCHEDULE
NOTICE IS HEREBY GIVEN that the Committee will conduct a public Prehearing Conference as follows:
THURSDAY, JANUARY 24, 2002
Beginning at 5:30 p.m. and concluding no later than 10 p.m.
Holiday Inn Express Hotel & Suites
Tracy and Yuba Rooms
3751 Tracy Boulevard
Tracy, California 95304
At this event, all parties (Staff, Applicant, and Intervenors) shall present their respective opinions concerning: which substantive topic areas are ready for evidentiary hearings; which require further analysis, including the nature of, and timeframe for, any such analysis; which topic areas the parties have reached agreement upon; and which remain subject to disagreement and require adjudication. All parties shall be prepared to identify proposed witnesses, as well as the time required for testimony and/or cross-examination. The Committee will issue an Order based upon discussions at the Prehearing Conference, and schedule evidentiary presentations for forthcoming hearings.
Interested agencies and members of the public are encouraged to attend. Because of the limited time available, the Committee is primarily interested in discussing only the matters noted above. General public comment will be allowed only as time permits. Written comment may, however, be sent to the Commission's Docket Unit, MS-9, 1516 Ninth Street, Sacramento, CA 95814. Identify all written comments with "Docket No. 01-AFC-16" on the front page.
Purposes and Procedures
The basic purposes of the Prehearing Conference are to assess the parties' readiness for evidentiary hearings, to clarify areas of agreement or dispute, to identify witnesses and exhibits, to determine upon which topics parties desire to cross-examine witnesses from other parties, and to discuss procedures which will assist the Committee in concluding this licensing process in as timely a manner as feasible. In this regard, the parties shall be prepared to discuss the matters mentioned above as well as future dates for filing testimony and other evidentiary documents, briefing and comment periods, and other related items.
Prehearing Conference Statements
Each party desiring to participate at the Prehearing Conference, or present evidence or cross-examine witnesses at future Evidentiary Hearings, shall serve and file a Prehearing Conference Statement. The original and 11 copies of these Statements must be received at the Commission Docket Unit, MS-4, 1516 Ninth Street, Sacramento, California 95814, no later than 3:00 p.m., on Friday 18, 2002. In addition, each party shall e-mail an electronic copy to the Hearing Officer no later than the time and date noted above. Send e-mail copies to email@example.com. All statements must be identified with "Docket No. 01-AFC-16."
Each Statement shall specify at a minimum:
The topic areas which a party believes are ready to proceed to evidentiary hearings;
The topic areas which a party believes are not yet ready to proceed to evidentiary hearings and the reasons therefor;
Topic areas for which dispute requiring adjudication exists; for topic areas which remain disputed, parties must include a brief summary of the precise nature of the dispute;
The identity of the witness(es) a party proposes to sponsor, the topic area(s) upon which the witness(Es) will testify, a brief summary of the testimony to be offered and of the witness(Es) qualifications, and the time desired to present direct testimony;
Topic areas upon which a party desires to cross-examine witness(Es) from other parties, and the time desired for such cross-examination;
Any exhibits a party intends to offer as evidence; and
A proposed schedule for the remainder of these proceedings.
Petition to Intervene
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, as well as having sponsored witnesses subjected to cross-examination by other parties.
The Public Adviser's Office will assist anyone interested in preparing a Petition to Intervene. Commission regulations provide that a Petition to Intervene should be filed at least 30 days prior to the beginning of evidentiary hearings. [Cal. Code of Regs., title 20, sec. 1207 (b).] In this instance the Committee directs that any Petition to Intervene be filed prior to the January 24, 2002, Prehearing Conference. Typically, by the time the Committee schedules a Prehearing Conference, intervenors are not granted time extensions to review existing case materials since to do so could delay the proceeding.
If you need information or assistance concerning public participation, please contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or, toll free, at (800) 822-6228 or e-mail at: firstname.lastname@example.org.
Technical questions concerning the project should be addressed to Cheri Davis, the Commission's Project Manager, at (916) 657-4394 or e-mail at: email@example.com.
Questions of a legal or procedural nature should be directed to Cheryl Tompkin, the Hearing Officer, at (916) 654-3893 or e-mail at: firstname.lastname@example.org.
If you require special accommodation to participate in this proceeding please contact Priscilla Ross at (916) 653-6631 or e-mail at: email@example.com.
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or e-mail at: firstname.lastname@example.org.
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: http://www.energy.ca.gov/sitingcases/tracypeaker/
II. REVISED SCHEDULE
On December 11, 2001, Applicant filed a supplement to the Application for Certification (AFC) containing changes to the project made necessary by the need for a Wet Weather Construction Contingency Plan. On December 19, 2001, Staff filed a Project Status Report in which it advised that Applicant's December 11, 2001, supplement raised significant concerns in the area of Biological Resources. Staff further advised that although it still planned to file its Staff Assessment by December 31, 2001, in accordance with the Committee Schedule, it would not be able to fully analyze the changes to the project contained in Applicant's supplement to the AFC by that date. Staff indicated the Assessment would not include a full analysis of the project changes filed by Applicant on December 11, 2001, nor a complete analysis of the potential for the evaporation/percolation basin to attract sensitive wetland species. Staff also noted that other technical information was outstanding, including a property values analysis to be provided by Applicant. In light of Applicant's changes to the AFC and the outstanding technical information, Staff proposed a revised schedule to allow additional time for Staff analysis and public input. As additional support for its revised schedule Staff pointed out that pursuant to Applicant's contract with the Department of Water Resources, Applicant's deadline for commercial operation is October 31, 2002.
Applicant filed a response to Staff's Status Report in which it objected to the revised schedule proposed by Staff and proposed an alternate schedule. Applicant noted that it had already retained an expert to address any new biological issues and that the expert would file his report prior to December 31, 2001. Applicant also noted that a decline in commercial value was not an aspect of CEQA and opined that the outstanding property value analysis should therefore not impact the schedule. Applicant acknowledged that October 31, 2002, was its deadline for commercial operation, but noted that the sooner the GWF Tracy Peaker Project is online, the more benefit it will provide to the public. On December 28, 2001, Applicant filed the signed biological analysis prepared by its expert. The analysis indicated that the project changes proposed in the supplement would not have a significant biological impact. On that same date Applicant filed its Data Responses to the Data Requests filed by Staff on December 26, 2001.
After considering all relevant information, the Committee has determined that the schedule should be revised to permit additional time for analysis of the changes to the project contained in Applicant's December 11, 2001, supplement to the AFC and for public input. The Committee therefore establishes the attached Revised Committee Schedule for the GWF Tracy Peaker Project.
Dated: January 7, 2002, at Sacramento, California.
Commissioner and Presiding Member
GWF Tracy Peaker Project Committee
ROBERT A. LAURIE
Commissioner and Associate Member
GWF Tracy Peaker Project Committee
REVISED COMMITTEE SCHEDULE FOR GWF TRACY PEAKER PROJECT
DAY DATE ACTIVITY 0 Oct. 17 Energy Commission (CEC) determines Application is complete Oct. 23 Staff Files and Serves Data Requests 16 Nov. 2 Notice of Informational Hearing, Site Visit & Schedule Nov. 2 Staff Publishes Issue Identification Report 23 Nov. 9 Committee Determines Application Qualifies under Pub. Res. Code § 25552 Nov. 13 Applicant Files Data Responses (per Staff) Nov. 20 Data Request Workshop(s) (per Staff) 42 Nov. 28 Informational Hearing & Site Visit 50 Dec. 7
Initial Critical Path Items Required from Applicant -Preliminary Determination of Compliance (PDOC)
Biological Opinion or Equivalent Demonstration of LORS Compliance
Cal-ISO Transmission Interconnection Review and Approval
"Will Serve" Letter or Equivalent from Water Supplier
Demonstration of NPDES Permit Compliance, if Necessary
Responses to All Data Requests Not Previously Submitted
Any Other Critical Path Item Known to Applicant
Dec. 24 Staff Files and Serves Data Requests concerning Dec. 11 Supp. to AFC Dec. 28 Applicant Files and Serves Data Responses 74 Dec. 31 Staff Files and Serves Staff Assessment (including results of Cumulative Impact Study) 83 Jan. 9 Staff workshop on Staff Assessment 92 Jan. 18 Staff Files and Serves Revised Staff Assessment Jan. 24 Prehearing Conference Late Jan. Committee Issues Hearing Order Jan. 31 Testimony Filed and Served 118 Feb. 13 Evidentiary Hearing 134 Mar. 1 Presiding Member's Proposed Decision (PMPD) Issued; Begin 30-day Public Comment Period Mar. 11
Final Critical Path Items Required from Applicant -
Corrected Final Determination of Compliance (CFDOC)
Adopted Final General Plan Amendment, Zoning Ordinance, and/or Conditions Required by Local Agencies but for CEC Jurisdiction
165 April 1 End of Public Comment Period on PMPD[ 30 days from issuance of PMPD] 167 April 3 Decision on PMPD at Regularly Schedule Business Meeting (if parties are on schedule)
Or, if Necessary
"Revised" PMPD Issued; Begin 15-day Public Comment Period End of Public Comment Period on Revised PMPD Decision on Revised PMPD
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