PCHB102003151

PCHBPollution Control Hearings Board of the State of Washington

On March 6, 2002, a pre-hearing conference was held to address several issues in advance of the upcoming hearing on the above noted appeal. In particular, the parties asked the Board to address the following: allocation of hearing time; allocation of hearing room seating; numbering of the exhibits; examination of witnesses; and other preliminary matters. The hearing was conducted by Kaleen Cottingham, presiding, and was attended by Board member Bill Lynch and AAJ Eric Z. Lucas. The parties were represented by Peter Eglick, Kevin Stock and Rachel Paschal Osbom (for ACC), Rick Poulin (for CASE), Gil Reavis and Roger Pearce (for the Port) and Tom Young (for Ecology). Betty J. Koharski provided court-reporting services. The following reflects the decisions made after hearing from all parties: PCHB No. 01-160 1 THIRD PRE-HEARING ORDER AR 003151 1. Allocation of hearing time The parties have agreed to the use of a "chess clock" as a means to keep accurate accounting of the time utilized in the heating. The Appellants have agreed to provide an easy-to- use chess clock for use during the heating. The entire two week heating, not counting time for lunch breaks, rest breaks, and opening and closing arguments, consists of approximately 45 hours for the parties to present their witnesses and exhibits. The parties have agreed to an allocation of 22 ½ hours per side. This time includes all direct examination, cross examination, re-direct and rebuttal witness testimony. In addition, specific allocations cover the time consumed by objections and board…
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