PCHB33028452A

PCHBPollution Control Hearings Board of the State of Washington

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: KEVIN FITZPATRICK Date of Deposition: JANUARY 16, 2002 1. Admissibility A. Purpose used for or what it will be offered to prove: lack of reasonable assurance for 401 with respect to water quality, fill, and low flow. Mr. Fitzpatrick is one of the Ecology personnel who has been explicitly cited by Gordon White (the 401 signator) and others as providing a basis for reasonable assurance. B. Specific designation (if CR 30(b)(6) deponent): Mr. Fitzpatrick is the Section Manager of the Water Quality Program in Ecology's Northwest Regional Office. He is designated as an Ecology witness concerning, among other matters, water quality, fill and low flow. C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the FITZPATRICK deposition are offered by ACC and CASE: START END Page 1, line 1 through page 7, line 7 Page 10, line 7 through page 10, line 24 Page 11, line 25 through page 13, line 16 Page 15, line 14 through page 53, line 17 Page 54, line 23 through page 58, line 7 Page 60, line 8 through page 72, line 14 Page 79, line 12 through page 80, line 10 Page 82, line 2 through page…
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