[California Energy Commission Letterhead]


STATE OF CALIFORNIA

Energy Resources
Conservation and Development Commission



  )  
APPLICATION FOR CERTIFICATION )  
OF THE ) DOCKET NO. 02-AFC-4
WALNUT ENERGY CENTER )  
BY TURLOCK IRRIGATION DISTRICT )  
__________________________________________ )  

Notice of Continuation - evidentiary presentations and legal arguments on all matters contained in the "Compliance and General Conditions" topic will be continued to: THURSDAY, OCTOBER 9, 2003


I. NOTICE OF SECOND EVIDENTIARY HEARING

NOTICE IS HEREBY GIVEN that the Committee will conduct its second public Evidentiary Hearing in this case as follows:

MONDAY, September 29, 2003

Beginning at 10 a.m.
California Energy Commission
1516 9th Street
Hearing Room A
Sacramento, California 95814
(Wheelchair Accessible)

This Hearing may be continued to October 9, 2003, if necessary.

Based upon the September 8, 2003 status report from the parties and the content of the Final Staff Assessment, Part 2, the Committee has divided the topic areas into three categories. At the Evidentiary Hearing, evidence will be taken by declaration on the topics reflected in ATTACHMENTS A and B. If there is dispute regarding any of these topic areas, or the need to discuss the substantive provisions (including the Conditions of Certification) for any of these topics, any such topic(s) may be rescheduled for hearing at a later date. Topics reflected on ATTACHMENT C will be subject to evidentiary presentations from witnesses and/or legal argument as indicated therein.

This event is 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 and any accompanying exhibits which have not previously been filed 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. This includes documents for which a party desires Official Notice be taken. 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: [pao@energy.state.ca.us].


III. HEARING ORDER

The following filing schedule shall apply for this Evidentiary Hearing.

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 12:00 noon on the dates indicated. Identify all documents with "Docket No. 02-AFC-4."



DATE EVENT
September 15, 2003 Applicant files testimony for topics.
September 22, 2003 Staff files revised/supplementary testimony for topics.

 

Intervention

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: [pao@energy.state.ca.us].

Public Participation

Members of the general public are welcome to attend and provide public comment at the Evidentiary Hearing. 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.

Additional Information

Technical questions concerning the project should be addressed to Bob Eller, the Commission Staff's Project Manager, at 916-651-8835 or email at: [beller@energy.state.ca.us].

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: [energia@energy.ca.gov].

If you have a disability and need assistance to participate in this event, contact Lourdes Quiroz at 916-654-5146 or e-mail at: [lquiroz@energy.state.ca.us].

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: [www.energy.ca.gov/sitingcases/turlock].





Dated ____________________
at Sacramento, California.

ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION



JAMES D. BOYD
Commissioner and Presiding Member
Walnut Energy Center AFC Committee


ARTHUR H. ROSENFELD
Commissioner and Associate Member
Walnut Energy Center AFC Committee



Mail Lists: POS, 7164, 7165, 7166

 

ATTACHMENT A

TOPICS TO BE SUBMITTED
BY DECLARATION/AFFIDAVIT
(WALNUT ENERGY CENTER)

SEPTEMBER 29, 2003

TOPIC

Applicant Witness(es)

Staff Witness(es)

1. Biological Resources

Crowe

Doren

2. Hazardous Materials

Salamy/Parker

Lesh/Tyler

3. Noise

Bastasch

Baker

4. Public Health

Rubenstein/Lowe

Walters/Blewitt/Odoemelam

5. Socioeconomics

Yusuf

Diamond

6 Traffic and Transportation

Acutanza

Hamblin/Allen

7. Transmission Line Safety and Nuisance

La Follette

Odoemelam

 

8. Transmission System Engineering

Gilbertson/La Follette/Daschmans

Arachchige/Bucaneg/McCuen

 

 

 

ATTACHMENT B
TOPICS WHICH MAY BE RESCHEDULED FOR LATER DATE
IF NOT STIPULATED AND SUBMITTED BY DECLARATION
(WALNUT ENERGY CENTER)

SEPTEMBER 29, 2003

TOPIC

Applicant Witness(es)

Staff Witness(es)

9. Facility Design

Baysinger/McLucas

Khoshmashrab/McCuen/Baker

10. Visual Resources

Hayden

Knight

 

ATTACHMENT C

TOPICS REQUIRING WITNESS PRESENTATIONS
AND/OR LEGAL ARGUMENTS
(WALNUT ENERGY CENTER)

SEPTEMBER 29, 2003

TOPIC

Applicant Witness(es)

Staff Witness(es)

11. Soil and Water

Franck/Helm
Direct: 15 minutes
Cross: 15 minutes
Legal Argument: 15 minutes

White
Direct: 15 minutes
Cross: 15 minutes
Legal Argument: 15 minutes

12. Compliance and General Conditions

Baysinger
Direct: 30 minutes
Cross: 30 minutes
Legal Argument: 30 minutes

Greenberg
Direct: 30 minutes
Cross: 20 minutes
Legal Argument: 30 minutes

13. Land Use

Carrier/Long/City?
Direct: 30 minutes
Cross: 60 minutes
Legal Argument: 30 minutes

Flores/Dept. of Conservation
Direct: 30 minutes
Cross: 30 minutes
Legal Argument: 60 minutes

14. Air Quality

Rubenstein/Lowe
Direct: 30 minutes
Cross: 60 minutes

Walters/Blewitt/Odoemelam
Direct: 60 minutes
Cross: 60 minutes

15. Alternatives

Carrier
Direct: 20 minutes
Cross: None

Eller
Direct: 20 minutes
Cross: None

 



| Project Main Page | Siting Cases Main Page | Commission Homepage | Site Index | Search Site | Links | Contact Us |