Notes
ACC (Airport Communities Coalition) motion filed in PCHB No. 01-160 before the Pollution Control Hearings Board for Washington State, seeking redaction of pre-filed direct testimony of Port of Seattle consulting hydrologist Paul Fendt of Parametrix, Inc. Specifically targets paragraph 42 (p. 11, lines 18-19) stating ’44 of the 47 low flows occurred between August 7 and November 9′ in Walker Creek, and all of Exhibit C (‘7-Day Low Flow Occurrences in Walker Creek, 1949-1995 (1994 HSPF)’). ACC argues Fendt’s Walker Creek chart was a post-discovery-cutoff revision to the December 2001 Low Flow Plan (Exhibit 1308, Appendix I) not disclosed prior to March 7, 2002 service of testimony; Ecology reviewer Kelly Whiting had raised concerns about the Walker Creek chart in February 23, 2002 comments (Exhibit 458). Relies on WAC 371-08-450, WAC 371-08-435, Board’s Pre-Hearing Order (10/30/01), and Board’s Order Granting Appellant’s Motion to Strike (3/22/02). Filed by Helsell Fetterman; declaration of Rachael Paschal Osborn referenced.