[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 )
______________________________________ )



NOTICE OF RESCHEDULED PREHEARING CONFERENCE ON JANUARY 9, 2003

PLEASE TAKE NOTICE that the Committee has rescheduled the Prehearing Conference upon agreement of the parties as follows:

THURSDAY, JANUARY 9, 2003
Beginning at 10 a.m.

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 CommissionŐs 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:

Item Date
* Petitions to Intervene closed October 18, 2002
* FDOC due December, 2002
* Prehearing Conference Statements due January 3, 2003

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 12 noon on January 3, 2003. Identify these statements with "Docket No. 01-AFC-25." In addition to providing printed copies, the parties shall email their statements to the Hearing Officer and 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 (Applicant, Staff, and Intervenors) may present testimony, cross-examine witnesses, or offer documentary evidence at the hearings. The last date to file a Petition to Intervene was October 18, 2002. (See, Notice of Prehearing Conference, dated October 4, 2002.) The Committee will not consider any Petitions to Intervene filed after that date.

Public Participation

Members of the general public are welcome to attend and provide public comment at the Prehearing Conference. It is not necessary to be an Intervenor to participate in the public process. Those desiring information on how to participate may contact Roberta Mendonca, the Public Adviser, at 916-654-4489 or 800-822-6228 or email at: [pao@energy.state.ca.us].

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 24, 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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