August 24, 2000

MINUTES

of the

POTRERO POWER PLANT CITIZENS ADVISORY TASK FORCE
Thursday, August 24, 2000 at 4:00 p.m.

City Hall
1 Dr. Carlton B. Goodlett Place, Room 82

1. CALL TO ORDER AND ROLL CALL

The meeting was called to order by Chair Philip DeAndrade at 4:10 p.m.

Absent: Robert Boileau, Vice Chair
Angela Calvillo (Supv. Ammiano)

Larry Klein

2. APPROVAL OF MINUTES

The minutes were approved as written.

3. PRESENTATION: MS. ROBERTA MENDONCA, PUBLIC ADVISOR, CALIFORNIA ENERGY COMMISSION

In addition to Ms. Mendonca, Ms. Amanda Stennick, California Energy Commission staff, attended to meeting to answer questions the Task Force might have.

Ms. Mendonca reported that Public Advisor’s role in state government is unique: her office is specifically dedicated to assisting the members of the public with their questions and desires to understand the process and how to best participate in the process.

Ms. Mendonca explained the Application for Certification process. The application represents all the information gathered by the applicant to prove that it complies with the environmental review that will be performed by the CEC staff.

Once application is deemed data adequate, two out of the five commissioners (decision-makers) are appointed to a siting committee, which will oversee the year-long process of reviewing and reaching a decision on the application. There will be a hearing officer and staffperson assigned to the case.

The whole process will involve local, state and regional agencies (SF Board of Supervisors). Any impact to local land-use regulations must be reviewed by the Board, e.g., zoning issues, variances, etc. If project requires a zone change, a variance, conditional use permit, CEC staff must do analysis based on any conditions the City would place on the project to comply with the General Plan and the zoning code.

If there is not conformity with local laws, the CEC can make a decision based on overriding need.

Local workshops are opened to the public and critical for the community to the process. Any community concerns voiced at the workshops will be considered in the data adequacy period of the application process.

Once application deemed data adequate, process will proceed for a year. Data adequacy is an assessment that a sufficient amount of the required information is present in a form to undergo a thorough analysis. Data request workshops will be conducted by staff. Applicant has thirty days to respond to the request. During the 30-day period, workshops may be heard on contentious issues.

Commission makes decision based on evidentiary record during formal hearings that are publicly noticed. From that record, commissioners issue decision. Determination based

on laws, ordinances, regulations, standards (LORS); will make an assessment whether the application complies with CEQA

Question: is this going to comply with the environmental review that is required to be done. Preliminary staff assessment followed by a final staff assessment to which staff will testify to at formal hearings.

Ms. Mendonca explained the intervenor process. Intervenors must behave like parties: if documents have to be filed and/or served, intervenors must do those things; if there are data requests of intervenors, must be responded to in 30 days. Best time to become an intervenor is early in the process. Once topic has been discussed, cannot go back as an intervenor and review a second time. Cannot petition to intervene until the Application for Certification has been accepted.

Ms. Mendonca suggested that it might be useful to the Task Force to bring in the Independent System Operator for informational purposes.

4. TASK FORCE ISSUES/TIMELINE GRAPH

Claude Wilson: is most important to find someone or agency to digest all of technical, legal, scientific reports on the Potrero Plant to be able to explain all of it to the Task Force. Task Force should ask the Golden Gate Law and Justice Clinic Director Alan Remo and Asst. Director Annie Ng to help.

Mr. Boss moved that the Task Force formally request the help the Golden Gate Law School Law and Justice Clinic: seconded by Mr. Millet, the motion passed. Ms. Ames will make the call to request the assistance.

Danielle Dowers of PUC-Hetch Hetchy presented a chart that shows the issues that the City and County staff has been dealing with that corresponds to the Task Force Issues/timeline graph.

Ms. Mendonca provided information on the Application process, timing, procedures, what type of input is desired from the public. CEC will make decisions on findings of fact, not just opinions and beliefs.

Richard Lee stated that there will be specific CEC staff assigned to specific issues.

Mr. DeAndrade stated that air quality, water quality, hazardous materials becoming key to this group. Task Force should also have some contact with the Independent System Operator.

Mr. Borg recommended that these issues be brought to the next Task Force meeting and the meeting to be held in the Potrero be put off until the pertinent information is gathered.

Ms. Vietor suggested that the Task Force might want to hear from the Regional Water Quality Control Board as well as the Bay Area Air Quality Management District. Ms. Vietor will contact those two agencies and request speakers for the next meeting.

5. ADJOURNMENT

The meeting was adjourned at 5:59 p.m.