I was reviewing the Calpine timeline for the Metcalf Energy Center and noticed the San Jose City Council must decide on zoning changes before the certification process is completed by the California Energy Commission (CEC). I suspect the City will not be able to devote a large number of resources to reviewing this project so I question why the city would want to make such a major decision about the health and welfare of the Southern part of San Jose without the final recommendation from the CEC.

There is some precedent for this approach in the Sutter Project. From the summary of the Sutter decision of the CEC at http://www.energy.ca.gov/sitingcases/sutterpower/documents/1999-01-20_decision_summ.html:

"Since the Sutter County Board of Supervisors intends to rely upon the document adopted by the Energy Commission as the county's environmental documentation for the project, the Board will not take up the Calpine appeal until after the Energy Commission makes its Decision. However, only the Sutter County Supervisors can decide whether or not to amend the county General Plan and rezone the parcel. The Energy Commission has no role in that decision. "

If legally possible, the City Council should not make any decisions on zoning for the Metcalf Energy Center until the final decision from the CEC is submitted.

Sincerely,

Steven Nelson