[California Energy Commission Letterhead]

BEFORE THE Energy Resources Conservation and Development Commission
OF THE STATE OF CALIFORNIA



Application for Certification of the ) DOCKET NO. 01-AFC-16
GWF TRACY PEAKER PROJECT ) APPLICATION COMPLETE
IN SAN JOAQUIN COUNTY ) ( DATA ADEQUATE OCTOBER
(GWF ENERGY LLC) ) 17, 2001)
_____________________________________________ )  


HEARING ORDER and FILING SCHEDULE

I. Hearing Order

Background

On January 7, 2002, the Committee issued a Notice of Prehearing Conference and Revised Committee Schedule. Among other things, the Notice required parties to submit Prehearing Conference Statements by January 18, 2002, which identified proposed witnesses and exhibits, identified topic areas upon which witnesses will testify, provided a summary of witness testimony and specified the time required for testimony and/or cross-examination of witnesses. It also required parties to identify, with specificity, those topic areas for which a dispute requiring adjudication exists, and to be prepared to discuss all of these issues at the Prehearing Conference scheduled for January 24, 2002.

The Prehearing Conference was held as scheduled on January 24, 2002. At the Conference, five petitioners were granted formal intervenor status. Most of these intervenors, as well as several other recent intervenors, had not filed a Prehearing Conference Statement and were not prepared to discuss the issues scheduled to be addressed at the Prehearing Conference. Applicant and Commission staff stipulated that additional time, through 5:00 p.m. on January 30, 2002, should be granted to the intervenors to file the required written Prehearing Conference statements. The parties, including intervenors, were also reminded that pursuant to the existing schedule written testimony had to be filed and served by January 31, 2002. Whereupon the intervenors moved for additional time to file the Prehearing Conference Statements and the written testimony. Numerous residents and members of the public also addressed the Committee asking that the Evidentiary Hearing, scheduled for February 13, 2002, be delayed. Many stated that they had only recently learned of the proposed GWF Tracy Peaker Project and that they needed additional time to find out more about the project's potential impacts on the community.


Discussion

Numerous members of the public attended the Prehearing Conference. It was apparent from the comments of local residents and several intervenors that many had only recently become aware of the GWF Tracy Peaker Project and that they desired an opportunity to participate in the public proceedings. Given the local community's active interest in this project, the large number of recent intervenors, and the fact this project has been proceeding on a somewhat expedited basis (the AFC was found data adequate on October 17, 2001), the Committee deems it appropriate to modify the schedule so that intervenors and the public may have additional time to prepare for participation in public hearings. (See Cal. Code of Regs., tit. 20, 1709, subd. (c) [Committee may modify the schedule upon its own motion or that of a party].) In order to permit public participation, while ensuring that the AFC will continue to be processed efficiently, the Committee has established a Filing Schedule. That schedule grants intervenors until 5:00 p.m. on Wednesday, February 6, 2002, to file detailed written Prehearing Conference Statements and until February 13, 2002, to file written witness testimony. After reviewing these materials, we will schedule evidentiary hearings.


Ruling

Intervenors shall file with the Commission's Docket Unit and serve upon all other parties their Prehearing Conference Statements no later than 5:00 p.m. on Wednesday, February 6, 2002. Failure to file a detailed Prehearing Conference Statement and/or written testimony can constitute a waiver of the right to present witnesses or cross-examine on a topic. Prepared testimony is due no later than 5:00 p.m. on Wednesday, February 13, 2002.


Additional Information

For information on public participation, contact Roberta Mendonca, the Public Advisor, at (916) 654-4489 or (800) 822-6228 or e-mail at: : pao@energy.state.ca.us .

Technical questions concerning the project should be addressed to Cheri Davis, the Commission's Project Manager, at (916) 657-4394 or e-mail at: : cdavis@energy.state.ca.us .

Questions of a legal or procedural nature should be directed to Cheryl Tompkin, the Hearing Officer, at (916) 654-3893 or e-mail at: ctompkin@energy.state.ca.us .

If you require special accommodation to participate in this proceeding please contact Priscilla Ross at (916) 653-6631 or e-mail at: pross@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 e-mail at: energia@energy.ca.gov .

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. Filing Schedule

Based upon discussions at the January 24, 2002, Prehearing Conference, the attached Filing Schedule shall apply.

Dated: January 30, 2002, at Sacramento, California.


ROBERT PERNELL
Commissioner and Presiding Member
GWF Tracy Peaker Project Committee


ROBERT A. LAURIE
Commissioner and Associate Member
GWF Tracy Peaker Project Committee


 

FILING SCHEDULE FOR GWF TRACY PEAKER PROJECT

 

DATE
ACTIVITY
Jan. 30
Committee Issues Hearing Order
Jan. 31
Amended Staff Assessment Filed and Served
Feb. 6
Intervenors File and Serve Prehearing Conference Statements
Feb 13
All Parties File Prepared Testimony
Late Feb.
Evidentiary Hearing (will be separately scheduled)
Mid Mar.
Presiding Member's Proposed Decision (PMPD) Issued; Begin 30-day Public Comment Period
Mar. 13

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
30 days from issuance of PMPD
End of Public Comment Period on PMPD
April 17
Decision on PMPD at Regularly Scheduled Business Meeting (tentative date; depends on whether parties are on schedule)

Filings shall be served upon all parties to this proceeding and the Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, California 95814. Each party is responsible for ensuring that its respective submissions are received no later than 5:00 p.m. on the dates indicated. Identify all documents with "Docket No. 01-AFC-16."

 


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