California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1723 - Nonadjudicatory Hearings; Purposes and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The committee shall commence nonadjudicatory hearings on
					 the notice pursuant to the hearing order issued by the presiding member.
(a) The hearings shall be used to provide
				  information on the proposed sites and facilities to the public. The presiding
				  member shall reserve a portion of each hearing to permit members of the public
				  to question the applicant and staff about the proposals or about each party's
				  contentions. Both parties shall make qualified persons available to answer
				  questions on the matters scheduled for consideration at each hearing. The
				  presiding member shall limit questions to the applicant and staff to those
				  necessary to identify issues or solicit relevant information on the proposals
				  and shall defer adjudication of identified issues until hearings held under
				  Section 1725.
(b) The hearings shall be used to develop an
				  evidentiary basis for the findings and conclusions required for a decision on
				  the notice. The applicant, staff, and other parties shall present evidence in
				  the hearings pursuant to Section
				  1723.5 and the hearing order.
				  Testimony or evidence based upon statements of facts agreed to by the applicant
				  or staff which set forth the ultimate positions of either party on need, public
				  health and safety, and environmental acceptability may be admitted into
				  evidence without the necessity of reading the entire statements into the record
				  only if a supporting witness presents an informative summary of the facts and
				  evidence at the hearing and any person so requesting is provided a reasonable
				  opportunity to ask relevant, nonrepetitive questions of the sponsoring
				  witnesses. The presiding member may require oral summaries of other joint
				  statements of facts offered into evidence.
(c) The hearings shall be used to solicit the
				  views and comments of the public, parties, and governmental agencies on the
				  environmental, public health and safety, economic, social, and land use impacts
				  of the facilities at the proposed sites.
(d) The hearings shall be used to identify
				  issues which require adjudication, issues which may be deferred to the
				  certification stage, and issues which may be eliminated from the proceeding.
				  Issues may be raised by submitting comments or testimony which dispute the
				  contentions of the applicant or staff, or by asking questions of witnesses at
				  hearings. The presiding member may permit a party to present evidence to show
				  that an apparently disputed matter presents no issue of fact, or may defer such
				  evidence until the adjudicatory hearings. The presiding member shall determine
				  whether the evidence presented on each matter is sufficient to raise a genuine,
				  relevant, factual issue appropriate for adjudication in subsequent
				  hearings.
(e) The presiding member
				  shall conclude the hearings under this section whenever he or she is satisfied
				  that the purposes of this section have been achieved and that the evidentiary
				  record and issues are sufficiently developed to prepare the summary and hearing
				  order required by Section
				  1724.
1. Amendment
					 of subsection (b) filed 1-11-83; designated effective 2-1-83 pursuant to
					 Government Code section
					 11346.2(d)
					 (Register 83, No. 3).
2. Amendment of subsection (b) filed 8-10-93;
					 operative 9-9-93 (Register 93, No. 33).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Section
						25509.5,
						Public Resources Code.