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

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.

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

The Committee will hear topics according to the following agenda.

**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.