Following Supervisor Dickinson's staff effort to disenfranchise CPAC in the eyes of the California Energy Commission (CEC), County Counsel, in a letter to CEC says "The CPAC's apparent efforts to exercise agency status before the CEC is unauthorized and in excess of its authority." (click here for Dickinson's staff emails and Counsel's letter)

Here's the exchange with the CEC which grants "agency status" to CPAC. Did CPAC make an effort to "exercise agency status before the CEC"? You be the judge.

The text below is extracted from the official transcript of the CEC hearing held in Rio Linda on May 16, 2001. (click here for the full transcript)

In attendance for the CEC were Presiding Commissioner Arthur H. Rosenfeld and Associate Commissioner Michael C. Moore.

APPLICATION FOR CERTIFICATION FOR   )
THE FPL ENERGY SACRAMENTO POWER,    ) DOCKET NO. 01-AFC-1
LLC RIO LINDA/ELVERTA POWER PROJECT )
(RIO LINDA)                         )
____________________________________)

JAMES F. PETERS, CSR, RPR
CERTIFIED SHORTHAND REPORTER
LICENSE NUMBER 10063
CONTRACT NO: 170-99-001
PETERS SHORTHAND REPORTING CORPORATION (916) 362-2345

HEARING OFFICER WILLIAMS: Deborah Byrne is it?

MS. BYRNE: I'm Debbie Byrne, Chairman of the Community Planning Advisory Council commonly known as CPAC. We're appointed by the Sacramento County Board of Supervisors.

The CPAC is usually the first public forum to hear planning issues. The land use issue has not been settled for this site, and we would like to see it added back to the list of potential major issues.

This land was formally the site for a cogeneration project known at Sepco. The zoning agreement for this site required that two methods be used to generate power. Throughout the process Sepco tried to get this requirement dropped by the CEC. The CEC declined to do so.

Now, the county unilaterally has dropped that cogeneration requirement for this site, without going through the public hearing process. CPAC has now been asked by the public to start this public hearing process and FPL has agreed to appear at one of our meetings for a public hearing.

Once CPAC has heard from the public, we will be continuing to process through the Planning Commission and the Board of Supervisors.

COMMISSIONER MOORE: How many members are on your committee?

MS. BYRNE: Nine.

COMMISSIONER MOORE: All appointed by district?

MS. BYRNE: By the County Board of Supervisors.

COMMISSIONER MOORE: Right. So you're not all from this area?

MS. BYRNE: Yes, we are.

COMMISSIONER MOORE: Okay. So there's other CPACs in the other supervisor's areas?

MS. BYRNE: There are 17 other CPACs in other areas.

COMMISSIONER MOORE: Are you required to submit a formal annual report to the Board of the PC?

MS. BYRNE: No. Any issue that is to go before the Planning Commission or the Zoning Administrator or any of those sorts of things, come before our body as the first public hearing, then it goes to the Planning Commission, and thereafter required to the Board of Supervisors.

COMMISSIONER MOORE: And are you planning to hold any concurrent meetings, town hall meetings or hearings during our process?

MS. BYRNE: Yes. As I said, FPL has agreed to come to one such meeting and we'll probably have other meetings as well.

COMMISSIONER MOORE: Okay. I think you could come -- you don't need formal intervenor status, because we would consider you a public agency. But, hopefully, you'll be represented at each one of our workshops and at our public hearings as well.

MS. BYRNE: Hopefully, we will be at all of them. Thank you.

COMMISSIONER MOORE: Thank you.