[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         )     
Pico Power Project                            )     
By Silicon Valley Power                       )	    
______________________________________________)             


NOTICE OF EVIDENTIARY HEARINGS and HEARING ORDER

I. BACKGROUND


The Committee has considered the progress made to date in this case and the representations of the parties at the April 16, 2003 Prehearing Conference. The attached schedule sets the dates for future events in this case.

II. NOTICE OF EVIDENTIARY HEARINGS


We will conduct formal evidentiary hearings as follows:

WEDNESDAY, MAY 7, 2003
Beginning at 9 a.m.
Hearing Room A
California Energy Commission
First Floor Hearing Room A
1516 Ninth Street
Sacramento, California

(Wheelchair Accessible)

Teleconference: 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 call1-888-592-9602 by 9:00 a.m. The "conference leader" is Gary Fay and the "passcode" is PICO.

At the evidentiary hearings, the parties (Applicant and Staff) will present evidence consisting of sworn testimony or testimony submitted with declarations, and exhibits on each topic area. Presentations will follow the agenda reflected in ATTACHMENT A.

At the conclusion of the evidentiary presentations, the Committee will conduct a Prehearing Conference to solicit additional information from the parties concerning the scheduling of future filings and hearings in this proceeding.

A. Formal Evidentiary Hearing Procedures

The purpose of these formal evidentiary hearings is to establish the factual record necessary to reach a decision in this case. This is done through the taking of written and oral testimony as well as exhibits from the parties. Any party proposing to sponsor witnesses must serve upon all other parties a written version of the witnesses' testimony and a statement of the witnesses' qualifications to testify upon the topic area(s) according to the schedule below. Witnesses will testify under oath or affirmation and be subject to cross-examination by other parties who have intervened in the case. However, where topics are not in dispute and no party has indicated a need for cross examination, written prefiled testimony may be introduced with a declaration by the witness who prepared the testimony. Parties intending to offer documentary exhibits as evidence (other than the Staff Assessment, the Application for Certification document, portions of either, or documents which have been previously docketed and served) shall also include a copy of such materials with their written testimony. If appropriate, parties shall specify the withdrawal/substitution of previously identified witnesses, as well as the desire to recall prior witnesses sponsored by other parties, in their respective filings as scheduled below.

At the evidentiary hearings, a party sponsoring a witness shall briefly establish the witness' qualifications and have the witness orally summarize the prepared testimony before requesting that the testimony be moved into evidence. Relevant exhibits may be offered into evidence at that time as well. At the conclusion of a witness' direct testimony, the Committee will provide the other parties an opportunity for cross-examination, followed by redirect and recross examination as appropriate. Parties are encouraged to consolidate presentations by witnesses and/or cross-examination to the greatest extent possible in order to minimize duplication and conserve hearing time. Parties proposing multiple witnesses on a topic area should have the witnesses testify as a panel, if possible

B. Public Participation

Members of the public and interested governmental agencies are invited to attend these hearings, and may offer unsworn public comment upon the matters discussed. These public comments will be entered into the record of the proceeding and the Committee may rely on them to supplement or explain the evidence of record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.

The Commission's Public Adviser, Roberta Mendonca, is available to provide information or to assist those interested in participating at these hearings. She may be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail: pao@energy.state.ca.us.

C. Further Information

If you have a disability and need assistance to participate at these events, please contact Lou Quiroz at (916) 654-5146 at least five days prior to the event(s) you wish to attend. News media inquiries should be directed to Claudia Chandler at (916) 654-4989, or e-mail: energia@energy.state.ca.gov.

Mathew Trask, the Commission's Project Manager, will respond to technical questions concerning the Pico Power Project at (916) 654-4067, or e-mail: mtrask@energy.state.ca.us.

Information concerning the status of the project, as well as notices, hearing transcripts, and other relevant documents, is also available on the Energy Commission's Internet home page at:www.energy.ca.gov/sitingcases.

Questions of a legal or procedural nature should be directed to the Hearing Officer, Gary Fay at (916) 654-3965.

III. HEARING ORDER

The following filing schedule shall apply for the evidentiary hearing scheduled above.

Submittals shall be served upon all parties to this proceeding and the Commission's Docket Unit, MS-4, 1516 Ninth Street, Sacramento, CA 95814. Each party is responsible for ensuring that its respective submissions are received by the Docket Unit no later than 3:00 p.m. on the dates indicated. Identify all documents with "Docket No. 02-AFC-3."

DATE EVENT
April 28, 2003. Staff Addendum issued.
April 30, 2003. Applicant serves prepared testimony and exhibits for Topic
Areas scheduled for hearing on May 7, 2003; filings to include
witness changes, additions, or deletions.
May 1, 2003. Preliminary Determination of Compliance is issued.
May 7, 2003. Evidentiary Hearing.
May 21, 2003. Parties file briefs. Staff files Staff Assessment, Part 2 on Air Quality and Alternatives.
June 11, 2003. Evidentiary Hearing on Topic Areas of Air
Quality and Alternatives.
June 18, 2003 Parties files briefs on Air Quality and
Alternatives.

Staff may also conduct such workshops as are desirable or necessary during this period.

 

Dated April 21, 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





______________________________________________________________________________

TOPIC WITNESSES (Direct Testimony)
Project Description
  • Applicant: Roukema/Ward(15 min.)
  • Staff: Trask
  • Biological Resources
  • Applicant: By Declaration
  • Staff: By Declaration
  • Cultural Resources
  • Applicant: By Declaration
  • Staff: By Declaration
  • Hazardous Materials
  • Applicant: By Declaration
  • Staff: By Declaration
  • Land Use
  • Applicant: By Declaration
  • Staff: By Declaration
  • Noise and Vibration
  • Applicant: By Declaration
  • Staff: By Declaration
  • Public Health
  • Applicant: By Declaration
  • Staff: By Declaration
  • Socioeconomic Resources
  • Applicant: By Declaration
  • Staff: By Declaration


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