Schedule
At the PHC, the parties agreed that the direct testimony of project proponents regarding need for the Jefferson-Martin project should be submitted earlier than other direct testimony, in order to facilitate the proceeding. PG&E shall submit its direct testimony on need issues by October 10, 2003. In addition to PG&E, ISO and CCSF support the project based on an assertion of need. If these parties submit any direct testimony regarding need for the project, they shall do so by October 10, 2003. PG&E shall submit the remainder of its direct testimony by November 12, 2003. All other direct testimony shall be submitted by November 12, 2003.
The following schedule will be adhered to as closely as possible:
Application filed September 30, 2002
Application deemed complete January 9, 2003
Prehearing Conference January 10, 2003
Notice of Preparation issued January 15, 2003
CEQA scoping meetings January 29, February 4 and 6, 2003
Scoping Memo issued March 19, 2003
Draft EIR released July 2003
Public meetings for DEIR comments
during 45 day review period August 2003
ALJ and parties tour project route
and alternatives August or September 2003
PG&E direct testimony on need October 10, 2003
ISO and/or CCSF direct
testimony on need, if submitted October 10, 2003
Final EIR release October 2003
Proposed Decision certifying
Final EIR November 2003
All other direct testimony November 12, 2003
Concurrent rebuttal testimony November 26, 2003
Evidentiary hearings December 4 - 10, 2003
Decision certifying Final EIR5 December 2003
Concurrent opening briefs January 9, 2004
Concurrent reply briefs and
submission of record January 23, 2004
Proposed Decision on CPCN April 2004
Decision on CPCN May 2004
Evidentiary hearings will take place in San Francisco. Public Participation Hearings will be held in the affected communities. Details regarding locations for Public Participation Hearings are still under discussion and will be verified in subsequent rulings. The ALJ may schedule a second PHC or require a case management statement prior to the evidentiary hearings.
Pursuant to Rule 8(d), parties requesting final oral argument before the Commission should include that request in their concurrent opening briefs.
In Section 1 of Senate Bill 960 (Ch.96-0856), the Legislature urges the Commission to resolve the issues within the scope of a proceeding categorized as ratesetting, such as this, within 18 months from the date of the filing of the application. Although the ALJ and I strive to meet that goal, we anticipate that the completion of this proceeding will exceed 18 months. The schedule adopted is driven by statutory requirements contained in CEQA while affording interested parties a fair opportunity to participate in the proceeding. These dates are our goal, based on the best information available at this time, but are subject to change. Changes to the schedule will be reflected in subsequent rulings.
5 Rule 77.7(f)(8) provides that the Commission can waive or reduce the period for public review and comment "for a decision under a federal or California Statute (such as the California Environmental Quality Act or the Administrative Procedure Act) that both makes comprehensive provision for public review and comment in the decision-making process and sets a deadline from initiation of the proceeding within which the Commission must resolve the proceeding."
