STATE OF CALIFORNIA
Conservation and Development Commission
In the Matter of: ) Docket No. 01-AFC-5 ) Application for Certification ) for the VALERO COGENERATION ) PROJECT ) ____________________________________)
Contents: This NOTICE contains the dates and locations, as well as procedures, for:
- Prehearing Conference
- Evidentiary Hearing
- Procedures to Intervene
Important Notice to Public & Agencies:
Prehearing Conference & Evidentiary Hearing topics:
Traffic and Transportation
Transmission Line Safety
Water Quality & Soils
The Valero Project Committee (Committee) is reviewing an Application for Certification (AFC) by the Valero Refining Company - California to construct a cogeneration power plant project at its existing Valero Benicia Refinery near the City of Benicia in Solano County.
The Committee will conduct a Prehearing Conference followed by an Evidentiary Hearing covering all impacts of the proposed power plant. The public and interested agencies are encouraged to attend and make comments on the topics to be discussed listed in the side bar. Written comments (original & 11 copies) on the proposed project may be submitted to the Energy Commission, Docket Unit (01-AFC-5), 1516 - 9th Street, Sacramento, CA 95814 any time prior to the close of the proceeding.
Documents: The Applicant's information concerning the potential impacts is found in its AFC and data responses. In addition, the staff of the Energy Commission has published an independent analysis in the Staff Assessment (SA). The Staff Assessment also evaluates potential project impacts, mitigation and proposed conditions of certification for each topic listed in the side bar.
The Staff Assessment is available in a printed version as well as for viewing on the Energy Commission Web Site:
You can obtain a printed copy of the Staff Assessment by contacting Staff's Project Manager, Jack Caswell, at 916-653-0062 or e-mail at: firstname.lastname@example.org
Pre-Hearing Conference - Date & Place: Tuesday, August 14, 2001
Beginning at 10:00 a.m
Hearing Room A, California Energy Commission
1516 Ninth Street
As a convenience, parties and members of the public who cannot attend the Prehearing Conference in person may participate by calling the toll-free number for the proceeding: 1-888-730-9142 (Passcode: Valero Leader: Garret Shean)
Prehearing Conference - Purpose & Procedures:
The Committee will conduct a Prehearing Conference to assess readiness for evidentiary hearings, to identify areas of agreement and dispute, and discuss procedures for the evidentiary hearing. To present evidence that will become part of the record upon which the Proposed Decision is based, a person, group or agency must become an intervenor, also known as a "party" to the proceeding. (See below) All Petitions to Intervene must be submitted no later than August 14, 2001.
During the Prehearing Conference, the Hearing Officer will maintain a list of topics (See Appendix A) which will include, among other things, an indication of whether any party requests an opportunity to present evidence or cross-examine a witness on that topic and the nature of the expected testimony. Therefore, the filing of a written Prehearing Conference Statement is optional for any party participating in the Prehearing Conference.
Any party intending to present a witness at the evidentiary hearing who does not participate in the Prehearing Conference shall file and serve a statement identifying the issue to be presented and the name of the witness(s) on or before August 10, 2001.
Becoming an "Intervenor:"
Anyone with a legitimate interest relevant to the siting of the proposed power plant may file a Petition to Intervene and become a formal party to this proceeding. Party status provides the rights to present independent evidence, receive pertinent documents, and cross-examine witnesses; it also imposes the duty to comply with various orders, procedures, and filing requirements, as well as be subject to cross-examination by other parties.
In this proceeding, a Petition to Intervene shall be filed no later than August 14, 2001. The Energy Commission, through its Public Adviser's office, will assist anyone interested in preparing a Petition to Intervene. Contact Roberta Mendonca, the Public Adviser at 916-654-4489 or toll-free 800-822-6228 or by e-mail at email@example.com
Evidentiary Hearing - Dates and Place: Monday, August 20, 2001
Beginning at 10:00 a.m.
Benicia Public Library, Dona Benicia Meeting Room
150 East L Street
Evidentiary Hearing - Purpose and Procedures:
The purpose of the evidentiary hearing is to establish the record upon which this case will be decided through the taking of oral, written or documentary evidence under oath from the Applicant, Commission staff, and others.
Witnesses may appear by declaration instead of in person if the topic is uncontested. If a topic is contested, a witness must appear in person to testify under oath and may be subject to cross-examination by other parties. A party sponsoring an expert witness, either by declaration or in person, shall establish the witness' qualifications.
Uncontested and contested topics will be identified at the Prehearing Conference held on August 14, 2001. See Appendix A.
Electronic Submission of Evidence:
To assist the Committee in the preparation of the Proposed Decision, each party submitting evidence to the record for the purpose of having the Committee rely upon it in making a finding shall submit that evidence in electronic, Word 97-compatable form not later than August 20, 2001.
(toll free in California)
Members of the public may participate in all phases of the licensing process in a variety of ways. If you need information concerning public participation, please contact Roberta Mendonca, the Energy Commission's Public Adviser, at 916-654-4489 or, toll free in California, at 800-822-6228, or by e-mail at: firstname.lastname@example.org
Information concerning the status of the project, notices and other relevant documents are available on the Commission's Web Site at: www.energy.ca.gov/sitingcases/valero
Technical questions concerning the project should be addressed to the Energy Commission Staff's Project Manager, Jack Caswell, at 916-653-0062 or e-mail at: email@example.com
Questions of a legal or procedural nature should be directed to Garret Shean, the Hearing Officer, at 916-654-3893 or e-mail at: firstname.lastname@example.org
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications, at 916-654-4989 or by e-mail at: email@example.com
Dated: July 31, 2001
ARTHUR H. ROSENFELD
Commissioner and Presiding Member
Valero AFC Committee
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
ROBERT A. LAURIE
Commissioner and Associate Member
Valero AFC Committee
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