PCHB110003195

PCHBPollution Control Hearings Board of the State of Washington

In its October 30, 2001, Pre-hearing Order, the Board directed the parties to "file with the Board a Joint Status Report, setting forth settlement possibilities in the case" and to provide the Board with a better estimate of the time needed for the hearing because the Board will be relying on20 the use ofpre-filed testimony." Subsequently, the Board entered an order extending the date for filing the Joint Status Report and the estimate for the length of time needed for the hearing to February 28, 2002. Given the nature of the case, settlement is unlikely. AR 003195 HELSELL JOINT STATUS REPORT _; ESTIMATE ORIGINAL _AEimTeTiEil"_tYP_'e_r'_hi_P OF TIME NEEDED FOR HEARING - l 1500 PUGETSOUNDPLAZA P.O.BOX21846 SEATTLE,WA 98111-3846 PH: (206)292-1144 While the use ofpre-filed testimony will unquestionably shorten the time that would otherwise be needed to present this case, the parties estimate that the hearing will take the full ten days reserved by the Board. ACC submitted pre-filed testimony from 11 witnesses. The Port will likely submit pre-filed testimony from 16 witnesses; Ecology will likely submit pre-filed testimony from 11 witnesses. The parties are agreeable in concept to use of a chess clock or other method of dividing time at the hearing equally between appellants and respondents. The parties request a pre-hearing conference with the Board. DATED this __ day of February, 2002. HE FETTERMAN LLP _,_jj. Eglick, WSBA No. 880"_ K_'vin L. Stock, WSBA No. 14541 Michael P. Witek, WSBA No. 26598 Rachael Paschal Osbom, WSBA No. 21618 Attorneys for…
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