PCHB037001892

PCHBPollution Control Hearings Board of the State of Washington

_ v. ACC'S MOTION TO REDACT TESTIMONY _12 OF PAUL FENDT, P.E. DEPARTMENT OF ECOLOGY and3 THE PORT OF SEATTLE, ¢.D ---_4 Respondents. cY The Port of Seattle ("Port") submits the following response to ACC's motion to redact the testimony of Paul Fendt. 1. The Calculations That Supported the Fendt Testimony Were Not Undertaken After the Discovery Cutoff Or In Response to Kelly Whiting's February 19 Comments on the Low Flow Plan. With its motion, ACC seeks to strike a single sentence and one exhibit from the testimony of Paul Fendt. ACC grounds its motion on the contention that the work that formed the basis for that statement and the exhibit was performed after the discovery cutoff and in response to the February 19, 2002 comments of Kelly Whiting. ACC is incorrect. Mr. Whiting's preliminary comments on the December Low Flow Plan were relayed by Mr. Whiting to Keith Smith on February 12, 2002 (and were in turn relayed by Mr. Smith to Mr. Fendt). In response to Mr. Smith's report, Mr. Fendt updated the analysis of the low flow period for PORT OF SEATTLE'S RESPONSE TO ACC'S MOTION TO FOSTER PEPPER _ SHEFELMAN PLLC REDACT TESTIMONY OF PAUL S. FENDT - 1 1111 THmV AVENUE,SUITE3400 SEATTLE, WASHINGTON 98101-3299 206-447-4400 _o32o3o,o, AR 001892 Walker Creek before his February 19 meeting with Kelly Whiting. He also prepared the document that 2- was attached to his testimony as Exhibit C before the February 19 meeting. See Fifth Declaration of Paul S. Fendt,…
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