[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)
_____________________________________________ )  


NOTICE OF REVISED TOPIC AND WITNESS SCHEDULE FOR EVIDENTIARY HEARINGS

This NOTICE provides information regarding revisions to the schedule for witness testimony. A revised schedule is attached to the end of this Notice and supercedes the Topic and Witness Schedule set forth in the February 20, 2002, Notice of Evidentiary Hearings. It is based on requests from Commission staff, applicant and intervenors for changes to the sequence of witness testimony and/or witnesses. The revised schedule does not change the dates, times or location of the previously noticed evidentiary hearings.

NOTICE OF EVIDENTIARY HEARINGS

The dates, times and location of the previously noticed evidentiary hearings remain unchanged. The Committee will conduct formal evidentiary hearings on the Application for Certification as follows:

Wednesday, MARCH 6, 2002
and Thursday MARCH 7, 2002
Beginning at 5:00 p.m

and

Friday, MARCH 8, 2002
Wednesday, MARCH 13, 2002,
and, if necessary,
Thursday, MARCH 14, 2002
Beginning at 10:00 a.m.

Holiday Inn Express Hotel & Suites
3751 Tracy Boulevard
Tracy, California
[Wheelchair Accessible]

The Committee has designated Thursday, March 14, 2002, as a CONTINUATION DATE ONLY. Hearings will be held on this date only as necessary to conclude any matters remaining from previous dates. Topics scheduled for hearing on March 6, 7 and 8, 2002, may be continued to the next hearing day, as necessary. Members of the public and interested agencies are invited to attend all evidentiary hearings. Time will be reserved at every hearing to allow members of the public to comment.

At these hearings, the parties (Applicant, Staff and Intervenors) will present evidence consisting of sworn oral and written testimony and exhibits on each topic area. Presentations will follow the agenda on the attached Revised Topic and Witness Schedule.

A. Formal Evidentiary Hearing Procedures

The purpose of the 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 written and oral testimony, as well as documentary evidence (exhibits), submitted by the parties. Evidentiary hearings are more structured that the Committee Conferences and informal Staff workshops that have already occurred. The rules of evidence pertaining to evidentiary hearings may be found at sections 1212-1213 of the Commission's regulations. (Cal. Code of Regs., tit. 20, sections 1212, 1213; see also, section 1702, subd. (h).) The regulations can be viewed on the Commission website at:
http://www.energy.ca.gov/siting/title20

Pursuant to the Committee's January 30, 2002, Hearing Order and Filing Schedule, parties were required to submit a written version of each proposed witness' testimony and a statement of each witness' qualifications by February 13, 2002. Witnesses for whom prepared testimony has not been filed will not be permitted to offer direct testimony absent a showing of good cause. Parties intending to offer documentary exhibits as evidence (other than the Staff Assessment, the Application for Certification document, or portions of either, or previously served items) shall provide a copy of such materials at the hearing.

At the evidentiary hearings, any witness sponsored by a party shall testify under oath or affirmation and will be subject to cross-examination by other parties. Any party sponsoring a witness shall briefly establish the witness' qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness' direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross-examination as appropriate.

Parties are encouraged to consolidate presentations by witnesses and/or cross-examination to the greatest extent possible in order to minimize duplication and conserve hearing time. Where a topic area involves no dispute among the parties, the Committee may direct that testimony be submitted by declaration, without requiring the witness to be present at hearing. In the case of testimony received by declaration, a project manager or other person with general knowledge of the testimony shall be available for questioning.

The parties are on notice that FAILURE TO PRESENT WITNESSES AS SCHEDULED, OR TO CROSS-EXAMINE ON THE TOPICS AS SCHEDULED, CAN CONSTITUTE A WAIVER OF THESE RIGHTS.

B. Public Participation

Members of the public and interested governmental agencies are invited to attend these hearings and may offer unsworn public comment upon the matters discussed. These 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.

C. Public Adviser

The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at these hearings. She may be reached at (916) 654-4489 or, toll free at 800-822-6228; her e-mail address is: pao@energy.state.ca.us

D. Further Information

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

Media inquires 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

If you require special accommodation to participate in this event, please contact Priscilla Ross at least five days prior to the hearings you wish to attend at (916) 653-6631 or e-mail at:
pross@energy.state.ca.us

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/index.html

Dated: March 1, 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

Mailed to Lists: 7120, 7121, 7122

REVISED TOPIC and WITNESS SCHEDULE
GWF Tracy Peaker Project (Docket No. 01-AFC-16)

The Committee will hear topics according to the following agenda.

TOPIC

SPONSOR/WITNESS

HEARING

DATE

  1. PROJECT DESCRIPTION

Applicant: David Stein, Robert Weisenmiller

Staff: Cheri Davis

March 6, 2002

  • FACILITY DESIGN
  • Applicant: Hal Moore

    Staff: Al McCuen, Shahab Khoshmashrab, Steve Baker

    March 6, 2002

  • POWER PLANT EFFICIENCY
  • Applicant: Hal Moore

    Staff: Steve Baker

    March 6, 2002

  • POWER PLANT RELIABILITY
  • Applicant: Hal Moore

    Staff: Steve Baker

    March 6, 2002

  • PROJECT ALTERNATIVES
  • Applicant: Doug Wheeler

    Staff: Susan Lee

    Sarvey: Janice Johnson, Eric Pafhery

    March 6, 2002

  • BIOLOGICAL RESOURCES
  • Applicant: Bill Vanherwig

    Staff: Natasha Nelson, Nicholas Kautzman

    Cheng: **

    March 6, 2002

  • SOIL & WATER RESOURCES
  • Applicant: Jennifer Low (Soil), Robert Carnachan (Water)

    Staff: Richard Latteri

    City of Tracy: Nick Pinhey

    Sundberg: Nick Pinhey

    March 6, 2002

  • SOCIOECONOMICS
  • Applicant: Katie McKinstry

    Staff: Sally Salavea

    Sarvey: Written testimony

    Aguirre: **

    March 6, 2002

  • AIR QUALITY
  • Applicant: David Stein

    Staff: Williams Walters, SJVAPCD representative

    Sarvey: Mike Boyd, John Hooper

    City of Tracy: Bill Reeds, Nick Pinhey

    Aguirre: Dario Marenco

    Cheng: **

    March 7, 2002

  • PUBLIC HEALTH
  • Applicant: David Stein, Gary Kreieger

    Staff: Alvin Greenberg

    Sarvey: Mike Boyd

    Sundburg: Dr. Dario Marenco

    March 7, 2002

  • HAZMAT
  • Applicant: Joe Morgan, Laura Perez

    Staff: Alvin Greenberg, Rick Tyler

    City of Tracy: Nick Pinhey

    Sundberg: Nick Pinhey

    March 7, 2002

  • WASTE MANAGEMENT
  • Applicant: Angela Liang

    Staff: Alvin Greenberg

    City of Tracy: Nick Pinhey

    Sundberg: Nick Pinhey

    March 7, 2002

  • TRAFFIC & TRANSPORTATION*
  • Applicant: Amy Walston

    Staff: David Young

    March 8, 2002

  • TRANSMISSION SYSTEM ENGINEERING*
  • Applicant: Hal Moore

    Staff: Ajoy Guha

    City of Tracy: Nick Pinhey

    Sundberg: Nick Pinhey

    March 8, 2002

  • TRANSMISSION LINE SAFETY & NUISANCE*
  • Applicant: Hal Moore

    Staff: Obed Odoemelam

    March 8, 2002

  • COMPLIANCE MONITORING AND CLOSURE*
  • Applicant: Hal Moore

    Staff: Christian Huntley

    March 8, 2002

  • PALEONTOLOGY*
  • Applicant: David Lawler

    Staff: Neal Mace

    March 8, 2002

  • GEOLOGY*
  • Applicant: Laura Perez

    Staff: Neal Mace

    March 8, 2002

  • CULTURAL RESOURCES*
  • Applicant: Brian Hatoff

    Staff: Gary Reinoehl, Caprice Harper

    March 8, 2002

  • WORKER SAFETY & FIRE PROTECTION*
  • Applicant: Angela Liang

    Staff: Alvin Greenberg, Rick Tyler

    Sundberg: Written testimony

    March 8, 2002

  • VISUAL RESOURCES
  • Applicant: David Stein

    Staff: Joe Donaldson

    Sarvey: Written testimony

    Cheng: **

    March 13, 2002

  • NOISE
  • Applicant: Rob Greene

    Staff: Steve Baker

    Sarvey: Chuck Tuso

    Cheng: **

    March 13, 2002

  • LAND USE
  • Applicant: Jim Adams, Jennifer Hernandez

    Staff: Negar Vahidi, Eileen Allen, Jacob Hawkins

    Sarvey: Mike Boyd, Father Ivo Rocha, Chuck Tuso, Blain Hill

    City of Tracy: Bill Reeds, Barry Cromartie, Bill Dean

    Tuso: Ben Hulse, E. Hazelton, Kerry Sullivan, Dario Marenco, Lynn Bedford, Fred Diaz, Dan Bilbrey, Wes Huffman, Evelyn Talbert, Brent Ives, Suzanne Tucker, William Reeds, Bill Dean, Charles Tuso

    Noble: Tom Gau, Dan Bilbrey, Suzanne Tucker, Fred Diaz, Andrew Malik, Bill Reed, Rollie Swingle

    Sundburg: Dr. Dario Marenco, Russell Kagehiro, Bill Reeds, Barry Comartie, Bill Dean

    Cheng: **

    March 13, 2002

    * Indicates the parties will present testimony in the form of sworn, written declarations in the technical areas listed. In the case of testimony received by declaration, a project manager or other person with general knowledge of the testimony shall be available for questioning.

    **Indicates the party stated an intent to provide direct testimony in this technical area, but failed to file written testimony by February 13, 2002, as required by the January 30, 2002, Hearing Order and Filing Schedule. Said failure constitutes a waiver of the right to present direct witness testimony in the indicated technical area. Therefore the party will be limited to cross-examination of witnesses in the indicated technical area.


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