[California Energy Commission Letterhead]

BEFORE THE STATE OF CALIFORNIA
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION



APPLICATION FOR CERTIFICATION ) DOCKET NO. 01-AFC-25
OF THE ) DATA ADEQUATE
MALBURG GENERATING STATION ) MAY 8, 2002
BY THE CITY OF VERNON )
______________________________________ )



COMMITTEE SCHEDULING ORDER




On May 8, 2002, the Energy Commission found the application for certification eligible for the expedited review process established by Public Resources Code section 25550. The Commission designated this Committee of two Commissioners to conduct proceedings. We conducted a public informational hearing on July 1, 2002, to discuss the schedule and other issues of concern.

At the informational hearing, Energy Commission staff proposed a schedule that anticipates seven months to complete the review process. Applicant agreed with the schedule proposal and did not object to slippage of the schedule to allow additional time to provide required information. We have based the following Scheduling Order on Staff's proposed schedule and related discussion at the hearing.

The Committee schedule contains an initial list of events that must occur in order to complete certification review in seven months. The initial schedule covers the period up to the Prehearing Conference. The balance of the schedule will be determined at the Prehearing Conference.

Several deadlines are contingent upon reviews to be conducted by federal, state, and local agencies. Applicant shall provide sufficient review time for the responsible agencies to meet the deadlines specified in Public Resources Code section 25550(d) and Section 2026 of the Commission's regulations. (Tit. 20, Cal. Code Regs., 2026.)

We may modify the schedule at any time upon either our own motion or that of a party. (Tit. 20, Cal. Code Regs., 1709(c).) The schedule requires periodic status reports to determine whether case development is progressing satisfactorily, and to bring potential schedule delays or other relevant matters to our attention. If Applicant does not provide necessary information by the dates set forth in the schedule, we will adopt a performance approach that would result in a commensurate slip in the balance of the schedule and/or a determination that the proceeding shall not continue under Public Resources Code section 25550.{1} {1 - See Public Resources section 25550(c) and Section 2028 of the Commission's regulations (Title 20 Cal. Code Regs., section 2028).}



COMMITTEE SCHEDULE FOR THE MALBURG GENERATING STATION{2}

DATE EVENT
Dec. 21, 2001 Application filed
May 5, 2002 Application data adequate
May 23 Staff's data requests filed
June 19 Applicant's data responses submitted
July 1 Data response and issue resolution workshop
July 1 Informational hearing and site visit
Mid-July Staff files second set of data requests, if necessary
July 8 Applicant dockets local, state, and federal agency draft comments and determinations
Mid-July Applicant dockets complete emission offsets package and evidence of BACT compliance
July 22 Parties file Status Reports # 1
July 26 Applicant dockets SCE Transmission System Impact Study
July 31 Applicant dockets PDOC
July 31 Applicant dockets current demographic data to complete environmental justice analysis, if necessary
Early August Staff workshop on air quality
August 12 Parties file Status Reports # 2
Mid-August Applicant dockets second set of data responses, if necessary
August 19 Staff files Initial Report (also known as Preliminary Staff Assessment or PSA)
Late August Staff assessment workshop
September 6 Parties file Status Reports # 3
Mid-September Committee Status Conference, if necessary
September 13 Applicant dockets final local, state, and federal agency determinations including FDOC, wastewater discharge plan approval, Cal-ISO approval of SIS
September 23 Staff files Final Report (also known as Final Staff Assessment or FSA)
Late September-early October Prehearing Conference and last date to intervene (100 days to intervene waived due to delays in schedule)
2} Where it would be speculative to establish specific dates, deadlines are targeted within 10-day increments: early in the month (days 1-10), middle (days 11-20), and late (days 21-31).


According to Staff's proposed schedule, the Commission could consider the Committee's Proposed Decision in December 2002. If Applicant provides all the required information in a timely manner, we believe it is feasible to conclude the proceeding by the end of 2002. At this time, however, it is premature to schedule events beyond the Prehearing Conference. We will establish the evidentiary hearing schedule and other procedural deadlines based upon the parties' progress in meeting the milestones in this Scheduling Order.

Date On Line: July 9, 2002, at Sacramento, California.


JAMES D. BOYD
Commissioner and Presiding Member
Malburg AFC Committee


ROBERT PERNELL
Commissioner and Associate Member
Malburg AFC Committee




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