PCHB022000923

PCHBPollution Control Hearings Board of the State of Washington

v. ) MOTION TO THE BOARD FOR ) CORRECTION, CLARIFICATION, STATE OF WASHINGTON, ) AND/OR PARTIAL RECONSIDERATION DEPARTMENT OF ECOLOGY; and ) OF ORDER PUBLISHING CERTAIN THE PORT OF SEATTLE, ) PORTIONS OF DEPOSITIONS OF ) ECOLOGY MANAGERS AND CR 30(b)(6) Respondents. ) DESIGNATED WITNESSES I. INTRODUCTION In general, the Port of Seattle picks and chooses among the corrections, clarifications and reconsiderations proposed by ACC, accepting that the Board can effect some, while objecting on spurious grounds to others. The Board should review each of the items listed by ACC on its merits, rather than following the Port's argumentative detour route. 1. The Motion Is Timely21 The Port acknowledges that the Board's rules on reconsideration govern only final orders,22 and that the depositions Order here is not a final order concluding a case. It then argues that the Board should follow CR 59, which, once again, governs requests for a new trial, reconsideration, and amendment of final judgments. CR 59(a). None of these rules apply to procedural orders AN 000923 HELSELL ACC'S REPLY ON MOTION FOR PARTIAL F E T T E R M A N RECONSIDERATION OF ORDER ORIGINAL. ALimitedLiabilityP ......... hi[,,PUBLISHING DEPOSITIONS - 1 1500 PU6ET SOUNDPLAZA P.O.BOX21846 SEATTLE,WA 98111-3846 PH: (206)292-1144 entered in the course of proceedings. Further, there is good reason not to apply them here. The problems and contradictions inherent in the April 22 Order did not become apparent until the parties went through the process of reviewing the entire record for preparation of proposed…
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