PCHB047002058

On March 21, 2002, at 1:30 p.m., during the hearing on the merits, the Board entered its haling on appellant ACC's Motion to Strike Certain Pre-filed Testimony and Limit Oral Testimony. Kaleen Cottingham presided for the Board. The following reflects the decisions made after hearing oral argument from all parties: RULING ON MOTION TO STRIKE PRE-FILED TESTIMONY AND LIMIT ORAL TESTIMONY The Pre-hearing order was clear. There needed to be a date for discovery cut off. The date established is February 28, 2002. Therefore any party is prohibited from relying on information created after February 28, 2002. In ruling on this motion, the Board will allow counsel to use the pre-filed testimony and PCHB No. 01-160 1 ORDER GRANTING APPELLANT'S MOTION TO STRIKE TESTIMONY AR 002058 direct and cross examination of witnesses to elicit how Ecology or the Port felt about or evaluated the comments of Kelly Whiting produced on or before the discovery deadline. But those witnesses may not indicate either in pre-filed testimony or in oral testimony what the Port or Ecology has done since February 28, 2002, in response to the comments of Kelly Whiting, to revise, clarify, explain or modify the Low Flow Plan. This ruling requires the parties to identify the particular sections ofpre-filed testimony and/or attachments which will need redacting. The redacted sections ofpre-filed testimony will be attached to this order. ORDER The Board GRANT'S ACC's Motion to Strike Pre-filed Testimony and Limit Oral Testimony. SO ORDERED this '2_ day of _ _A ,2002.…

Open full document

Upcoming Events

PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]