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NOTICE OF HEARING ON STATUS
OF THE PROCEEDING and
EVIDENTIARY HEARING


WALNUT CREEK ENERGY PARK
APPLICATION FOR CERTIFICATION
DOCKET NO. 05-AFC-2

Background:
Committee Hearing:

On August 15, 2007, the Committee assigned to the above-captioned matter released its Presiding Member's Proposed Decision (PMPD) on the Walnut Creek Energy Park (WCEP), a 500 megawatt (MW) simple-cycle power plant in the City of Industry, California. Following a public hearing on September 12, 2007, the Committee issued substantive Revisions to the Presiding Member's Proposed Decision on September 24, 2007. The Committee recommended approval of the Walnut Creek Energy Park project and scheduled consideration and possible certification at the full Commission October 10, 2007, Business Meeting.

At the October 10, 2007, Business Meeting, the Commission withdrew immediate consideration of the certification of the project following a letter and oral comments from the South Coast Air Quality Management District (SCAQMD), indicating that the Final Determination of Compliance required further review and possible amendment following the District's August 2007 adoption of Rule 1309.1.

After deliberation, the SCAQMD issued its January 11, 2008, Addendum to the Determination of Compliance for the Edison Mission Energy's Proposed Walnut Creek Energy Project. On January 21, 2008, the SCAQMD publicly issued its Notice of Intent to Issue Permit which announced a 30-day public comment period at the District.

The Committee will conduct a public hearing to receive comments on the status of the proceeding and to supplement the evidentiary record with the Addendum of the Determination of Compliance, together with related evidence from the parties. By separate notice, the Committee will be scheduling Commission consideration of possible certification of the project at the February 27, 2008, Business Meeting.

Evidentiary Hearing -
Date & place

Thursday, February 21, 2008
Beginning at 10:00 a.m.
California Energy Commission
1516 Ninth Street, Hearing Room A
Sacramento, CA 95814

As a convenience, parties and members of the public who cannot attend the hearing in person may participate by calling the toll-free number for the proceeding: 1-888-455-9641 (Passcode: "Walnut Creek" Leader: "Garret Shean.")

Public Comments

The parties, public, and interested agencies are encouraged to make comments on the PMPD, the Revisions, SCAQMD's Addendum, and the Committee's First Errata to Presiding Member's Proposed Decision issued February 6, 2008. Oral comments may be made in person during the public hearing on February 21, 2008, or by calling the toll-free number herein. Written comments can be submitted to the Energy Commission, Docket Unit, 1516 - 9th Street, MS-4, Sacramento, CA 95814. Email comments can be submitted to the Docket Unit at [docket@energy.state.ca.us]. All comments (if written, an original and 11 copies) must be received prior to the full Commission Business Meeting on February 27, 2008. Identify all submittals with the Docket number 05-AFC-2.

Whether made at the evidentiary hearing or submitted in writing, public comments will be entered into the record of the proceeding and may be used to supplement or explain the evidence in the record. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.

Evidentiary Hearing - Procedures: Witnesses may appear by declaration instead of in person if the topic is uncontested. If a topic is contested, a witness must appear in person to testify under oath and may be subject to cross-examination by other parties. A party sponsoring an expert witness, either by declaration or in person, shall establish the witness' qualifications.
   
Deadline for Filing and Service of Supplemental Written Testimony: February 11, 2008 Prepared supplemental written testimony shall be filed and served on or before February 11, 2008. Rebuttal testimony, if any, shall be oral, and thus not prepared in writing in advance of the Evidentiary Hearing.

Public Participation:

800-822-6228
(toll free in California)

916-654-4489

Members of the public may participate in all phases of the licensing process in a variety of ways. If you need information concerning public participation, please contact the Energy Commission's Public Adviser's office, at 916-654-4489 or, toll free in California, at 800-822-6228, or by e-mail at: pao@energy.state.ca.us.

If you have a disability and need assistance in order to participate at this hearing, please contact Lou Quiroz at (916) 654-5146 at least 5 days in advance of the hearing.

Information concerning the status of the project, notices, and other relevant documents are available on the Commission's Web Site at:

www.energy.ca.gov/sitingcases/walnutcreek/

Contacts:

Technical questions concerning the project should be addressed to the Energy Commission Staff's Project Manager, Jack Caswell, at 916-653-0062 or e-mail at: jcaswell@energy.state.ca.us.

Questions of a legal or procedural nature should be directed to Garret Shean, the Hearing Officer, at 916-654-3893 or e-mail at: gshean@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 by e-mail at: energia@energy.ca.gov.



Date Posted: February 06, 2008 ENERGY RESOURCES CONSERVATION AND
DEVELOPMENT COMMISSION

________/signed/_______
JACKALYNE PFANNENSTIEL,
Chairman and Presiding Member
Walnut Creek AFC Committee

________/signed/_______
JOHN L. GEESMAN,
Commissioner and Associate Member
Walnut Creek AFC Committee



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