[California Energy Commission Letterhead]


Energy Resources
Conservation and Development Commission

In the Matter of:                             )     Docket No. 02-AFC-3
Application for Certification for the         )     (AFC Accepted 11/20/02)
Pico Power Project                            )     
By Silicon Valley Power                       )	    


On December 20, 2002, the Committee issued a Scheduling Order which contained an initial list of events that must occur in order to complete certification review for this project within six months. The initial schedule covered the period up to the Prehearing Conference. The Scheduling Order noted that several critical deadlines listed in the schedule are contingent upon reviews and analyses to be conducted by other federal, state, and local agencies. It stated that if those reviews are not completed on the dates listed in the Committee Schedule, the Committee may need to modify the schedule.

Staff recently informed the Committee that the Bay Area Air Quality Management District (BAAQMD) has met unexpected delays in completing its Preliminary Determination of Compliance (PDOC) for the Pico Project. The delays involve the District’s determination on Best Available Control Technology (BACT) for NOx emissions from the Project. Accordingly, the District cannot provide a Preliminary DOC until approximately April 15, 2003, instead of January 26, 2003, as called for in the Committee’s original six month schedule. Once the PDOC is available, CEC staff will then require two to three weeks to review the PDOC and complete its Staff Assessment (SA). Thus, the SA would be expected around May 6th. A Final DOC could be available from the BAAQMD by mid May. The subsequent Staff Addendum to the SA, which reviews the FDOC, would be expected in early June. Under this scenario, our evidentiary hearing on air quality could occur in Mid-June.

Rather than delay the entire case until air quality evidence is complete and available, the Committee plans to address all issues, except air quality, alternatives (and possibly biology), in a single evidentiary hearing in early May. Accordingly, this Order directs Staff to publish its Staff Assessment on all subjects except air quality, alternatives (and possibly biology) no later than March 28, 2003. A separate notice will be issued concerning the Prehearing Conference and the Evidentiary Hearing identified in the attached schedule. As noted in the prior Scheduling Order, the Committee may modify the Schedule at any time either upon its own motion or that of a party. [Cal. Code of Regs., tit. 20, sec. 1709(c)].

For information on public participation, contact Roberta Mendonca, the Public Adviser, at (916) 654-4489 or (800) 822-6228 or email: pao@energy.state.ca.us

Technical questions concerning the project may be addressed to Mathew Trask, the Commission Staff’s Project Manager at (916) 654-4067 or email at: mtrask@energy.state.ca.us

Legal or procedural questions should be directed to Gary Fay, the Hearing Officer, at (916) 654-3893 or email at: gfay@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

Information concerning the status of the project is available on the Energy Commission’s Internet home page at: www.energy.ca.gov/sitingcases/picopower

Dated on March 18, 2003 at Sacramento, California.


Commissioner and Presiding Member
Pico Power Project AFC Committee
Commissioner and Associate Member
Pico Power Project AFC Committee


March 28 Staff Assessment
April 11 Parties file Prehearing Conference Statements
April 16 Prehearing Conference
Mid April Applicant serves Copies of Preliminary Determination of Compliance on all parties
April 30 Applicant files testimony
May 7 Evidentiary Hearing on all subjects except air quality, alternatives and possibly biology

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