PCHB028001015

PCHBPollution Control Hearings Board of the State of Washington

THE PORT OF SEATTLE, ) ECOLOGY MANAGERS AND CR 30(b)(6) ) DESIGNATED WITNESSES Respondents. ) INTRODUCTION ACC moves the Board for correction, clarification, and/or partial reconsideration of portions of its Order Publishing Certain Portions of Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses ("Order Publishing Depositions"), as detailed below. ACC is bringing this motion because recently, in the course of reviewing hearing transcripts received over the past several days and preparing draft Findings and Conclusions, it has become21 apparent that there are discrepancies among the Order Publishing Depositions, the redacted depositions transmitted by the Board with the Order, and the hearing testimony itself. These fall into three categories: AR 001015 (1) Instances where the Order Publishing Depositions lists testimony as admitted or HELSELL ACC'S MOTION FOR PARTIAL 0RIGINAL FAELh'TeTdLi'Eilit¢IMuAh'N 1500PUGETSOUND PLAZA R0. BOX 21846 RECONSIDERATION OF ORDER SEATTLE,WA 98111-3846 PH:(206)292-1144 PUBLISHING DEPOSITIONS - 1 excluded, but the Board-redacted depositions indicate the opposite; (2) Instances where, perhaps inadvertently, excerpts were carved out and excluded from larger portions of a discussion -- which is admitted -- thereby creating a misleading impression of the witness' testimony and an incomplete record; and (3) Instances where topics excluded from the depositions on relevance grounds are addressed in the actual hearing transcripts (just recently received), rendering the excerpts relevant to :he Board's consideration. ACC is not asking for correction of all such instances, but only those which are most ;ignificant. A. Deposition of Thomas Fitzsimmons 1. Page 39, lines 3-10: The Order excluded page 36,…
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