PCHB153005048

PCHBPollution Control Hearings Board of the State of Washington

January 15, 2002 F E T T E R M A N peterJ. Eglick A.o.,eratLI_NVIRONMENTAL A Llm/l#([ t.illhi/itv P_n'lple_ _/lip HEARINGS OFFICE Sent via Fax and Mail Hon. Kaleen Cottingham Presiding Officer Pollution Control Hearings Board Office of Environmental Hearings 4224 6th Avenue SE Building 2, Rowe 6 Lacey, WA 98503 Re: PCHB No. 01-160, ACC v. Dept. of Ecology and Port of Seattle: Port's Request for Emergency Status Conference Dear Presiding Officer Cottingham: The Port's "emergency request for status conference" is ill-advised. A conference would not be appropriate until ACC has submitted its response briefs to the Port's lengthy motions (which are due on Thursday, January 17), and until the Board has had at least a day to review those responses. A rush to judgment in an "emergency" status conference will unfairly advantage the Port, which has piled the Board's desk high (once again, in violation of the prehearing order page limits and formatting requirements) with misrepresentations of the facts and the law. The basic problem here is that the Port's attorneys and experts, and Ecology's attorneys and experts, have all been on the site -- more than once. Every Ecology staffperson who has been asked (e.g., in deposition or otherwise) has endorsed the need for a site visit to get the project and proposal in context and to gain a better understanding of the Port's application and Ecology's decision. These site visits have occurred without the preconditions which the Port seeks to impose on ACC and without undue…
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