STATE OF CALIFORNIA
Conservation and Development Commission
APPLICATION FOR CERTIFICATION ) OF THE ) DOCKET NO. 02-AFC-4 WALNUT ENERGY CENTER ) BY TURLOCK IRRIGATION DISTRICT ) _______________________________________)
I. NOTICE OF EVIDENTIARY HEARING AND SECOND PREHEARING
NOTICE IS HEREBY GIVEN that the Committee will conduct a public Evidentiary Hearing followed by the second Prehearing Conference in this case as follows:
MONDAY, August 25, 2003
Beginning at 10 a.m.
California Energy Commission
1516 9th Street
Hearing Room A
Sacramento, California 95814
Based upon discussions at the June 23, 2003 Prehearing Conference and the content of the Preliminary Staff Assessment, the Committee has divided the topic areas into three categories. At the Evidentiary Hearing, evidence will be taken only on those topic areas listed on ATTACHMENT A. The remainder of the topics (listed on ATTACHMENTS B and C) will be subject to discussion at the Prehearing Conference as set forth below. Both events are open to the public; interested individuals and governmental agencies are encouraged to attend.
II. EVIDENTIARY HEARING
A. Formal Evidentiary Hearing Procedures
The purpose of formal evidentiary hearings is to establish the factual record necessary to reach a decision in this case. This is done through the taking of written and/or oral testimony, as well as exhibits from the parties.
Testimony may be presented in the form of a written declaration/affidavit or orally. Declarations/affidavits will suffice only for those topic areas which are undisputed and for which the Committee finds the information adequate. Parties proposing to present oral testimony by sponsoring a witness must also provide a written version of that witness' testimony as well as the witness' qualifications to testify on the appropriate subject matter. In either instance, the testimony must be served upon all parties according to the schedule below.
Declarations/affidavits on uncontested areas will be received into the record upon motion by the sponsoring party. Oral testimony will be presented under oath or affirmation. A party presenting oral testimony shall have its witness 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 intending to offer documentary exhibits as evidence (other than the Staff Assessment, the Application for Certification document, portions of either, or documents which have been previously docketed and served) shall also include a copy of such materials with their prefiled testimony. If appropriate, parties shall specify the withdrawal/substitution of previously identified witnesses, as well as the desire to recall prior witnesses sponsored by other parties, in their respective filings as scheduled below.
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 this hearing, and may offer unsworn public comment upon the matters discussed. These public comments will be entered into the record of the proceeding and the Committee may rely on them 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 any issue.
The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at this hearing. She may be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail: firstname.lastname@example.org
III. SECOND PREHEARING CONFERENCE
The purposes of this second Prehearing Conference are similar to those of the first, i.e. to assess the parties' readiness for future evidentiary hearings, identify areas of agreement or dispute, and discuss the remaining schedule and procedures necessary to conclude the certification process.
For the Prehearing Conference, we have divided the topics into two categories which seem appropriate following our June 23 discussions. ATTACHMENT B lists topics which appear potentially suitable for evidentiary submission by declaration, depending upon the contents of the Final Staff Assessment. ATTACHMENT C lists topics which presently appear to possess the potential for dispute.
The parties shall address these two groups of topics in their second Prehearing Conference Statements. These Statements shall specify:
- The topic areas that are complete and ready to proceed to evidentiary hearings;
- The topic areas that are not complete and not yet ready to proceed to evidentiary hearings, and the reasons therefor;
- The topic areas that remain disputed and require adjudication, and the precise nature of the dispute for each topic;
- The identity of each witness sponsored by each party; the topic area(s) which each witness will present; a brief summary of the testimony to be offered by each witness; qualifications of each witness; and the time required to present direct testimony by each witness;
- Topic areas upon which a party desires to cross-examine witness(es), a summary of the scope of such cross-examination, and the time desired for such cross-examination;
- A list identifying exhibits and declarations that each party intends to offer into evidence and the technical topics to which they apply; and
- Proposals for hearing dates, briefing deadlines, and other scheduling matters.
IV. HEARING ORDER
The following filing schedule shall apply for the first phase of Evidentiary Hearings and the second Prehearing Conference.
Submittals shall be served upon all parties to this proceeding and the Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received by the Docket Unit no later than 3:00 p.m. on the dates indicated. Identify all documents with "Docket No. 02-AFC-4."
DATE EVENT July 31, 2003 Staff files Final Staff Assessment and testimony for
ATTACHMENT A topics.
August 12, 2003 Applicant files testimony for ATTACHMENT A topics and
Second Prehearing Conference Statement for
ATTACHMENTS B and Ctopics.
August 19, 2003 Staff files Second Prehearing Conference Statement for
ATTACHMENTS B and C topics.
August 25, 2003 Evidentiary Hearing on ATTACHMENT A topics and
Prehearing Conference for ATTACHMENTS Band C
The period for timely intervention lapsed on June 12, 2003. Petitions to Intervene may now be granted only upon a sufficient showing of good cause. [20 Cal. Code of Regs., ¤ 1207.] For further information contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail: email@example.com
Members of the general public are welcome to attend and provide public comment at the Evidentiary Hearing and/or the Prehearing Conference. It is not necessary to become an Intervenor to participate in the public process. Please contact the Public Adviser as indicated above for further information on how to participate
Technical questions concerning the project should be addressed to Bob Eller, the Commission Staff's Project Manager, at 916-651-8835 or email at: firstname.lastname@example.org
Questions of a legal or procedural nature should be directed to Stanley W. Valkosky, the Committee's Hearing Officer, at 916-654-3893.
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications, at 916-654-4989 or email at: email@example.com
If you have a disability and need assistance to participate in this event, contact Lourdes Quiroz at 916-654-5146 or e-mail at: firstname.lastname@example.org.
Information concerning the status of the project, as well as notices and other relevant documents, is available on the Energy Commission's Internet webpage at:
Dated June 26, 2003 at Sacramento, California.
JAMES D. BOYD
Commissioner and Presiding Member
Walnut Energy Center Committee
ARTHUR H. ROSENFELD
Commissioner and Associate Member
Walnut Energy Center Committee
AUGUST 25, 2003 EVIDENTIARY PRESENTATIONS
2. Waste Management Parker
3. Worker Safety/Fire
4. Power Plant
5. Power Plant
6. Cultural Resources Bard
7. Geology/Paleontology Lae/Fisk
TOPICS POTENTIALLY SUITABLE FOR SUBMISSION BY DECLARATION/AFFIDAVIT,
PENDING CONTENTS OF FINAL STAFF ASSESSMENT
9. Traffic & Transportation Acutanza Hamblin/Allen 10. Transmission Line Safety and Nuisance La Follette
Odoemelam 11. Transmission System
Arachchige/Bucaneg/McCuen 12. Facility Design Baysinger/McLucas Khoshmashrab/McCuen/Baker 13. Compliance/General
Baysinger Shaw 14. Soil and Water Franck/Helm White
TOPICS WHICH APPARENTLY PRESENT CURRENTLY
UNRESOLVED LEGAL AND/OR FACTUAL ISSUES
15. Hazardous Materials Parker Lesh/Tyler 16. Land Use Carrasco/Long Flores 17. Noise Bastasch Baker 18. Visual Resources Haydon Knight 19. Air Quality Rubenstein/Lowe Walters/Blewitt/Odoemelamr 20. Public Health Rubenstein/Lowe Walters/Blewitt/Odoemelamr 21. Biological Resources Crowe Doren 22. Alternatives Carrier Eller
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