PCHB165005421

PCHBPollution Control Hearings Board of the State of Washington

1. I am one of the attorneys representing the Respondent Port of Seattle. I have a personal knowledge of the facts set forth in this declaration and would be competent to testify to them if necessary. 2. On November 26, 2001, ACC served the Port with a request for a site visit pursuant to CR 34(a)(2). A copy of ACC's request is attached to this declaration as Exhibit A. The Port responded to ACC's request on December 24, 2001, by serving its Responses and Objections. A copy of the Port's response is attached to this declaration as Exhibit B. 3. On December 28, 2001, counsel for ACC, Michael Witek, telephoned me and suggested that counsel attempt to negotiate some elements of agreement regarding the site visit, in anticipation of a later telephone conference between counsel for the parties. In response to this message, I sent Mr. Witek an e-mail that same day, outlining the Port's position on the issue. A copy of my e-mail to Mr. Witek is attached to this declaration as Exhibit C. SECOND DECLARATION OF STEVEN G. JONES - 1 FOSTER PEPPER _4 SItEFELMAN PLLC 1111 THIRDAVENUE,SUITE3400 SEATTLE, WASHINGTON 98101-3299 5029904501 ORIGINAL 206-447-4400AR 005421 4. A telephone conference regarding ACC's request for a site visit was held on January 4, 2001. I represented the Port in that conference; ACC was represented by Kevin Stock and Michael Witek. In that phone conference, Mr. Stock asserted that ACC was entitled to basically unfettered access to the Port's property, without…
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