PCHB040001905

PCHBPollution Control Hearings Board of the State of Washington

1. I am attorney of record for Airport Communities Coalition (ACC). I have personal knowledge of the matters set forth below and am competent to be a witness herein. 2. On March 27, 2002 Paul Fendt was produced as a witness in the hearing on the z3 merits in this matter. I cross-examined Mr. Fendt on behalfofACC. Prior to direct examination, I asked that certain portions of Mr. Fendt's testimony, described in the accompanying motion, be redacted from the record. The parties ORIGINALH L'ELFETTERMAN DECLARATION OF RACHAEL PASCHAL OSBORN - 1 ALimitedLiabilitvP............ hip AR 001905 _ooP._,sou.°_z__o.ox_,_,,SEATTLE,WA 98111-3846 PH:(206)292-1144 were directed to confer with each other and with Administrative Law Judge Eric Lucas. 3. On March 29. 2002, I reminded Mr. Gil Reavis, counsel for the Port of Seattle, that we needed to resolve the issue of redaction of Mr. Fendt's testimony. I indicated to him the sentence and exhibit ACC proposed for redaction. Hc stated he would talk with Mr. Fendt and Set back to me. 4. On April 3, 2002, I scat an e-mail to Mr. Reavis asking again that he inform me of the Port's position concerning the proposed redaction.10 5. I received no response until April 8, 2002, when I was contacted by Mr. Stephen Tan of Mr, Reavis' office. Mr, Tan indicated that Mr, Reavis had left on var_tion and that the Port believed the material proposed for redaction to fall outside the scope of the Board's order redacting materi_ not produced prior to Fcbrua_ry28, 2002.…
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