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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1716 - Obtaining Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 executive director or the chief counsel shall have authority to request or
					 otherwise obtain from the applicant such information as is necessary for a
					 complete staff analysis of the notice or application.
(b) Any party may request from the applicant
					 any information reasonably available to the applicant which is relevant to the
					 notice or application proceedings or reasonably necessary to make any decision
					 on the notice or application. All such requests shall include the reasons for
					 the request.
(c) Any public agency
					 which is not a party and which has been requested to provide comments on the
					 notice or application shall have the same rights as a party to obtain
					 information necessary to comply with the commission's request for comments. To
					 the extent practicable, the staff shall coordinate requests from agencies to
					 the applicant to avoid duplicative requests.
(d) Any party may request from a party other
					 than the applicant information which is reasonably available to the responding
					 party and cannot otherwise be readily obtained, and which is relevant to the
					 proceeding or reasonably necessary to make any decision on the notice or
					 application. All such requests shall state the reasons for the
					 request.
(e) All requests for
					 information shall be submitted no later than 180 days from the date the
					 commission determines an application is complete, unless the committee allows
					 requests for information at a later time for good cause shown.
(f) Any party requested to provide
					 information pursuant to this section shall, within 20 days of receiving the
					 request, notify the requesting party and the committee in writing if it is
					 unable to provide or objects to providing the information requested of it. Such
					 notification shall state the reasons for the inability or the grounds for the
					 objection. Absent such an objection, the party shall provide the information
					 requested within 30 days of the date that the request is made. The dates
					 specified in this section may be changed by mutual agreement of the parties or
					 by committee order.
(g) If the
					 requesting party or agency is unable to obtain information as provided in this
					 section, such party or agency may petition the committee for an order directing
					 the responding party to supply such information. A party petitioning the
					 committee for an order to provide information must do so within either 30 days
					 of being informed in writing by the responding party that such information will
					 not be provided or within 30 days of the date the information was provided or
					 was due. The committee may set a hearing to consider argument on the petition,
					 and shall, within 30 days of the filing of the petition, either grant or deny
					 the petition, in whole or in part. The committee may direct the commission
					 staff to supply such of the information requested as is available to the
					 staff.
(h) The committee shall have
					 the authority to require from any electric utility, including any aggregator,
					 scheduling coordinator, energy service provider, or independent power producer,
					 information which is specific to the subject notice or application and
					 reasonably necessary to make any decision on the notice or application;
					 provided, however, that such information, or its equivalent, is not reasonably
					 available from any party or from publicly available records. Applications for
					 confidentiality may be filed pursuant to Title 20, California Code of
					 Regulations, section
					 2501 et seq.
(i) All information requests and responses
					 shall be served on all parties to the proceeding by the requesting and
					 responding parties respectively; provided, however, that requests for
					 information made orally at a public meeting or hearing authorized by the
					 presiding member need not be made in writing or served unless otherwise
					 required by the presiding member. The presiding member may set reasonable time
					 limits on the use of, and compliance with, information requests in order to
					 avoid interference with any party's preparation for hearings or imposing other
					 undue burdens on a party. No information requests shall be submitted by any
					 party after release of the presiding member's hearing order except upon
					 petition to the presiding member.
(j) Any witness testifying at a hearing shall
					 to the extent that it does not unduly burden the witness, make available to any
					 party on request copies of any work papers relied upon in the preparation of
					 the testimony. If a witness for the applicant sponsors any portion of the
					 notice or application for inclusion in the hearing record, the applicant shall
					 make available, on request, all work papers relied upon in the preparation of
					 the sponsored portion.
1.
						Amendment of subsection (e) filed 1-28-81; effective thirtieth day thereafter
						(Register 81, No. 5).
2. Amendment of subsection (f) and repealer of
						subsection (i) filed 1-11-83; designated effective 2-1-83 pursuant to
						Government Code section
						11346.2(d)
						(Register 83, No. 3).
3. Amendment of section and NOTE filed
						8-10-93; operative 9-9-93 (Register 93, No. 33).
4. New subsection
						(e), subsection relettering and amendment of newly designated subsections (f)
						and (h) filed 6-20-2000 as an emergency; operative 6-20-2000 (Register 2000,
						No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2000
						or emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 6-20-2000 order transmitted
						to OAL 9-26-2000 and filed 10-25-2000 (Register 2000, No. 43).
6.
						Amendment of subsections (a), (f) and (g) filed 3-28-2007; operative 3-28-2007
						pursuant to Government Code section
						11343.4
						(Register 2007, No. 13).
Note: Authority cited: Sections
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Sections
						  25210,
						  25502,
						  25519(b)
						  and
						  25541,
						  Public Resources Code; and Section
						  11181,
						  Government Code.