PCHB039001898

PCHBPollution Control Hearings Board of the State of Washington

ACC moves for redaction of a portion of the pre-filed direct testimony of Paul Fendt, consulting hydrologist for the Port of Seattle, as described below. This motion was first made during the hearing; the Board ordered the parties to confer on ACC's proposed redactions. It is renewed now because, after considerable delay, Port counsel have responded by flatly rejecting ACC's proposal. AN 001898 II. FACTS On March 7, 2002, the Port produced its pre-filed direct testimony, including testimony from Port consultant Paul Fendt of Parametrix, Inc. In his pre-filed testimony, Mr. Fendt discussed low flow frequencies in the three streams surrounding Sea-Tac Airport, including HELSELL ACC' MOTION TO REDACT ORIGINAL FETTERMANTESTIMONY OF PAUL FENDT - 1 ALimitedLiabilityP(........."dlip 1500PUGETSOUNDPLAZA EO.BOX21846 SEA_I-LE,WA 98111-3846 PH:(206) 292-I144 Walker Creek. Among other assertions, Mr. Fendt stated at paragraph 42 that, "In Walker Creek, of the 47 low flows occurred between August 7 and November 9." Pre-Filed Direct Testimony of Paul S. Fendt, P.E. ("Fendt Pre-Filed") at p. 11, lines 18-19. ACC moves for the redaction of that sentence. Mr. Fendt also attached to his pre-filed testimony a chart providing a graphical representation of Walker Creek low flow frequencies. Fendt Pre-Filed at Exhibit C,6 third page ("7-Day Low Flow Occurrences in Walker Creek, 1949-1995 (1994 HSPF)"). ACC moves for the redaction of all of Exhibit C to the Fendt Pre-Filed Testimony. Questions about the version of the Walker Creek chart in the December 2001 Low Flow Plan had been raised by Ecology reviewer Kelly Whiting in…
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