[California Energy Commission Letterhead]


______________________________________ )


NOTICE IS HEREBY GIVEN that the Committee designated to conduct proceedings in the above-captioned matter has scheduled a public Prehearing Conference as follows:


Beginning at 10 a.m.

Rescheduled forJanuary 9, 2003

California Energy Commission
Hearing Room A
1516 Ninth Street
Sacramento, California 95814
(Wheelchair Accessible)

Teleconference: Interested governmental agencies and members of the public may participate either in person or via teleconference. For the convenience of those who cannot travel to Sacramento, please call the following number by 10 a.m.

The toll free number is 1-888-454-6808
The conference leader is Susan Gefter
The passcode is Malburg

Those who plan to participate via teleconference are requested to reserve a line by contacting the Energy Commission's Public Adviser at 800-822-6228 or email at: [pao@energy.state.ca.us].

PLEASE ALSO TAKE NOTICE that the Committee has established the following schedule:

Staff Assessment Workshop
(Scheduled by separate Notice dated 10/02/02)
October 16, 2002
Last day to file Petitions to Intervene October 18, 2002
Prehearing Conference Statements due November 1, 2002

Purpose of Prehearing Conference

The Prehearing Conference is a public forum where the Committee will assess the parties' readiness for evidentiary hearings, identify areas of agreement or dispute, and discuss the remaining schedule and procedures necessary to conclude the certification process. (Cal. Code of Regs., Tit. 20, 1718.5.)

At this event, all parties (Staff, Applicant, and Intervenors) shall present their respective positions regarding: the substantive topic areas ready for evidentiary hearings; those that require further analysis, including the nature of, and timeframe for, any such analysis; the topic areas that have been resolved; and those topic areas that are disputed and require adjudication. The parties shall also identify proposed witnesses, as well as the time required for direct testimony and/or cross-examination.

Local, state, and federal governmental agencies may participate as necessary. (Cal. Code of Regs., Tit. 20, § 1714.5.)

Prehearing Conference Statements

To facilitate the process, each party shall serve and file a Prehearing Conference Statement. The statements shall be received by the other parties and the Commission's Docket Unit, 1516 Ninth Street, MS 4, Sacramento, California 95814-5512, no later than 3:00 p.m. on November 1, 2002. Identify these statements with "Docket No. 01-AFC-25." In addition to providing printed copies, parties may email the statements to those with email addresses as reflected on the Proof-of-Service list.

Each statement shall specify:

  1. The topic areas that are complete and ready to proceed to evidentiary hearings;
  2. The topic areas that are not complete and not yet ready to proceed to evidentiary hearings, and the reasons therefor;
  3. The topic areas that remain disputed and require adjudication, and the precise nature of the dispute for each topic;
  4. 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;
  5. 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;
  6. A list identifying exhibits and declarations that each party intends to offer into evidence and the technical topics to which they apply; and
  7. Proposals for hearing dates, briefing deadlines, and other scheduling matters.

Petitions to Intervene to Become a Formal Party

The Decision on the Malburg Generating Station will be based on the official record developed at the evidentiary hearings. Only formal parties may present testimony, cross-examine witnesses, or offer documentary evidence at the hearings.

Anyone with a legitimate interest relevant to the siting of the proposed project may file a Petition to Intervene with the Committee to become an "Intervenor" or formal party to the proceeding. Party status provides the following rights to Intervenors: to present independent testimony and documentary evidence; to receive pertinent documents; and to cross-examine witnesses. Party status also carries certain obligations, which include the duty to comply with Committee orders, procedures, and filing requirements, as well as being subject to discovery and cross-examination by other parties.

Petitions to Intervene in this case shall be filed no later than 3:00 p.m. on October 18, 2002. Typically, time extensions for new Intervenors to review existing case materials are not granted after the date of the Notice of Prehearing Conference (in this case October 4, 2002) since to do so could delay the proceeding.

How to Intervene

The Energy Commission's Public Adviser will assist any person or organization interested in preparing a Petition to Intervene. Those desiring information or assistance in filing a Petition to Intervene may contact Roberta Mendonca, the Public Adviser, at 916-654-4489 or 800-822-6228 or email at: [pao@energy.state.ca.us].

Public Participation

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

Additional Information

Technical questions concerning the project should be addressed to Bill Pfanner, the Commission Staff's Project Manager at 916-654-4206 or email at: [bpfanner@energy.state.ca.us].

Questions of a legal or procedural nature should be directed to Susan Gefter, the Committee's Hearing Officer, at 916-654-3893 or email at: [sgefter@energy.state.ca.us].

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/vernon.

Dated October 4, 2002, at Sacramento, California.

Commissioner and Presiding Member
Malburg AFC Committee

Commissioner and Associate Member
Malburg AFC Committee


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