[California Energy Commission Letterhead]


STATE OF CALIFORNIA

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                       )	    
______________________________________________)             


NOTICE OF PREHEARING CONFERENCE

PLEASE TAKE NOTICE that the Energy Commission has designated a Committee of two Commissioners to conduct proceedings on the Application for Certification of the Pico Power Project. The Committee has scheduled a Prehearing Conference as follows:

WEDNESDAY, APRIL 16, 2003
Beginning at 2 p.m.
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California
(Wheelchair Accessible)

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

Item Date
Last Date for Petitions to Intervene Aprill 11, 2002 (12 noon)
Prehearing Conference Statements Due Aprill 11, 2003 (12 noon)

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 the Prehearing Conference, 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 the 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 April 11, 2003. Identify the statements with "Docket No. 02-AFC-3." 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, if any, 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;


  7. The Committee has scheduled an evidentiary hearing for May 7th. However we request proposals for any additional hearing dates, briefing deadlines, vacation schedules, and other scheduling matters;


  8. Specific items required in the Prehearing Conference Statements:

    1. Regarding Air Quality, Biological Resources, and Alternatives, we assume these topics will be addressed at a later time in the proceeding. The Staff has informed the Committee that it does not intend to address these three topics in its initial Staff Assessment (SA), but rather in a later SA following the receipt of the Final Determination of Compliance (DOC) from the local air district. Nevertheless, the Prehearing Conference Statements should briefly describe any recent developments which may effect these three topics.


  9. For all topics, the parties shall review all proposed Conditions of Certification, contained in the SA for enforceability, comprehension, and consistency with the evidence, and submit any proposed modifications; and


  10. Information regarding each topic area may be presented in the Prehearing Conference Statements in a table or matrix format.


Petitions to Intervene to Become a Formal Party

The Energy Commission’s Decision on the Pico Power Project will be based on the official evidentiary record developed at the Committee’s Evidentiary Hearings, which the Committee will schedule based on information received at the Prehearing Conference. Only formal parties may present evidence at the Evidentiary Hearings.

Anyone with a legitimate interest in the Pico project may file a Petition to Intervene and become a formal party. At the Evidentiary Hearings, a formal party may offer testimony and documentary evidence, receive documents filed by other parties, and cross-examine witnesses. However, a formal party must also comply with Committee orders, procedures, and filing requirements, and is subject to discovery and having its own witnesses cross-examined by other parties.

Petitions to Intervene in this case shall be filed no later than 12 noon on April 11, 2003. Typically, time extensions for new Intervenors to review existing case materials are not granted after the date of the Prehearing Conference since to do so could delay the proceeding. However, in this case, the Committee will consider later-filed petitions where the petitioners concerns involve the three topics not analyzed in the initial SA.

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 be an Intervenor to participate in the public process. Those desiring information on how to participate may contact the Public Adviser as indicated above.

For the convenience of those who cannot travel to Sacramento a conference line has been established. The conference phone number is 1-888-809-8968. The conference leader is Gary Fay and the "passcode" is 37219.

Additional Information

Technical questions concerning the project should be addressed to Mathew Trask, the Staff Project Manager, at (916) 654-4067 or e-mail at: [mtrask@energy.state.ca.us].

Questions of a legal or procedural nature should be directed to Gary Fay, the Hearing Officer, at (916) 654-3893 or e-mail at: [gfay@energy.state.ca.us].

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].

Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public Communications at (916) 654-4989 or e-mail at: [energia@energy.ca.gov].

Information concerning the status of the project, notices, and other relevant documents are posted on the Energy Commission's Internet web page at: [www.energy.ca.gov/sitingcases/pico].

 

Dated March 24, 2003, at Sacramento, California.

 

_______________________________
JOHN L. GEESMAN
Commissioner and Presiding Member
Pico Power Project AFC Committee
_____________________________
ARTHUR H. ROSENFELD
Commissioner and Associate Member
Pico Power Project AFC Committee

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