Licensing process for Avenal power plant nears end

A public participation process is nearing its end for the licensing of a power plant proposed in Avenal.

The California Energy Commission, which is reviewing the license application for the proposed 600-megawatt project, held a public workshop last week.

The project is now headed for a evidentiary hearing on July 7-- a final fact-finding step the state's energy policy agency uses to put testimonies on record before making a final decision on the project. 

The evidentiary hearing will take place inside the Avenal Courthouse , 501 E. Kings St.

But a pre-hearing conference on Tuesday will precede the actual  hearing. Although it's a process designed for attorneys representing the applicant and staff to assess their readiness for the hearing, it's a public forum that allows concerned citizens to speak during a designated comment period. The conference will be held inside Hearing Room A of the California Energy Commission, 1516 Ninth St. in Sacramento.

State officials this week urged the public to take note of the opportunity to participate in the decision-making process.

"Public participating is the hallmark of the commission's process," said Percy Della, commission spokesman. "We encourage everyone to speak their minds about the project. Anyone can speak by simply showing up or mailing in their comments."

Della, however, acknowledges that not all public comments are given the same weight.

In order for people to have their comments or documents considered as evidence during the evidentiary hearing, they must be registered "intervenors." And only the applicant, staff and those intervenors can present and cross-examine witnesses at the hearing.

Still, public comments are considered by members of the decision-making body, Della said.

"Comments may be used to sway the decision, although they cannot on their own be used to support the decision," Della said.

The last day to become a public intervenor was June 8. At least three new intervenors registered this month. They are Center for Race, Poverty and the Environment of San Francisco, the Tehipite Chapter of the Sierra Club from Kingsburg and Rob Simpson, a Hayward-based environmental consultant, according to Della.

Houston-based Avenal Power Center, LLC plans to build the $530-million power facility on 34 acres within an industrial zone located just south of the Fresno County line and two miles east of Interstate 5. The project is six miles from the residential and commercial areas of Avenal.

First proposed in February 2008, the project has been undergoing the licensing and permitting process through the energy commission.

Last Tuesday's public workshop followed the June 2 release of the final staff assessment of the project, which concluded that the project conforms to all laws, regulations and standards and that the plant can be built and operated safely and reliably.

The workshop was, however, held in the face of complaints by environmental  justice advocates representing concerned residents of Kettleman City and Avenal that the public was not given notice properly at the time of the workshop, making it difficult for the public to attend.

Once the evidentiary hearing is held, evidence collected during the hearing will be used as a basis for the presiding member's proposed decision, which is a recommendation for the full commission.

The document is expected to be issued in late August or early September. The public will then have 30 days to review it and submit comments. 

A final decision on the project will be made at a subsequent public hearing held at a regular commission meeting, the schedule of which is still pending.

If licensed, the power plant will begin construction in April 2010. After an initial startup in October 2011, the plant would be in full commercial operation by June 2012, according to the commission.

The reporter can be reached at 583-2429.

(June 29, 2009)