PCHB33028816A

PCHBPollution Control Hearings Board of the State of Washington

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: Peter Kmet, P.E., Senior Environmental Engineer, Toxics Cleanup Program, DOE Headquarters Policy and Technical Support Unit. Date of Deposition: December 19, 2001 1. Admissibility A. Purpose used for or what it Will be offered to prove: Testimony about recommendations and reservations expressed by the Senior Environmental Engineer in Ecology's Toxics Cleanup Program, Headquarters Policy and Technical Support Unit regarding 401 fill conditions. B. Specific designation (if CR 30(b)(6) deponent): Fill Criteria, Condition E of the Certification (pp. 14-19). C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the Kmet deposition are offered by ACC and CASE: Page 7, lines 4-17 Page 11, lines 2-23 Page 13, line 11 through Page 27, line 15 Page 28, line 20 through Page 43, line 6 3. Counter Excerpts of Respondents: See attached. 4. Objections of Respondents: See attached. g:luaccpchbdepositionspublished deps_net.doc AR 028817 ACC & CASE v. Dept. of Ecology & Port of Seattle PCHB No. 01-160 Department of Ecology's Designation of Additional Portions of Deposition and Objections Entered Pursuant to the Board's Order of March 19, 2002 and Port of Seattle's Joinder in those Objections and Designations Deponent: Pete Kmet Date of Deposition: December 19, 2001 3.…
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