[California Energy Commission Letterhead]

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



                                         )      
                                         )      DOCKET NO. 01-AFC-16
  APPLICATION FOR CERTIFICATION OF THE   )
  GWF TRACY PEAKER PROJECT               )      APPLICATION COMPLETE
  IN SAN JOAQUIN COUNTY                  )      (DATA ADEQUATE)    
  (GWF ENERGY LLC)                       )      OCTOBER 17, 2001
_________________________________________)


COMMITTEE RULING REGARDING DEMAND TO CORRECT OR CURE
VIOLATIONS OF THE BAGLEY-KEENE OPEN MEETING ACT

I. Background

Intervenor Robert Sarvey has filed a "Demand to Correct or Cure Violations of the Bagley-Keene Open Meeting Act." In his filing, Mr. Sarvey alleges that the Committee's Hearing Order and Filing Schedule, which granted intervenors until February 6, 2002, to file detailed written Prehearing Conference Statements, violated the notice requirements of the Open Meeting Act because it was not placed on line until January 30, 2002. Mr. Sarvey cites Government Code section 11125, subdivision (a) in support of his position.

II. Discussion

Government Code section 11125, subdivision (a) provides in pertinent part

"The state body shall provide notice of its meeting to any person who requests that notice in writing. Notice shall be given and also made available on the Internet at least 10 days in advance of the meeting, . . ."

Although it is never expressly stated, Mr. Sarvey seems to suggest that Government Code section 11125, subdivision (a) required notice of the deadline for filing Prehearing Conference Statements be placed on line at least 10 days prior to the deadline. Mr. Sarvey is mistaken. By its express terms Government Code section 11125, subdivision (a) applies to meetings of a state body. There is nothing in the language of that section which makes it applicable to deadlines for filing documents. It should also be noted that pursuant to the Committee's January 7, 2002, Notice of Prehearing Conference and Revised Committee Schedule, the original deadline for filing Prehearing Conference Statements was January 31, 2002. The parties clearly had more than 10 days notice of this original January 31 deadline, which was extended to February 6, 2002, at the request of and solely for the convenience of the intervenors.

III. Ruling

For the reasons discussed above, Intervenor Robert Sarvey's Demand to Correct or Cure Violations of the Bagley-Keene Open Meeting Act is denied.

Dated: March 21, 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





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