PCHB33028522A

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: Thomas Fitzsimmons, Director, Dept. of Ecology Date of Deposition: January 18, 2002 1. Admissibility A. Purpose used for or what it will be offered to prove: Per CR 32(a)(2), testimony by Director of Department concerning procedure and basis for issuance of Sea Tac 401 certifications showing lack of reasonable assurance. Further offered in response to testimony of Kenny, White, Cheyne, and Leavitt. B. Specific designation (if CR 30(b)(6) deponent): N/A 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 Fitzsimmons deposition are offered by ACC and CASE: Page 1 through page 20 line 9 Page 28 line 13 through page 31 line 5 Page 35 line 10 through page 121 3. Counter Excerpts of Respondents: See attached. 4. Objections of Respondents: See attached. g:luacc-tempsummary statement for dep - fitzsimmons.doc AR 028523 A CC & CASE 1,.Dept. of Ecology & Port of Seattle PCHB No. 01-160 Department of Ecology's Designation of Additional Portions of Deposition and Objections Entered Pursuant to the Board's Order of March 19, 2002 and Port of Seattle's Joinder in those Objections and Designations Deponent: Tom Fitzsimmons Date of Deposition: January 18, 2002 3. Counter Excerpts by Respondent Department of Ecology:…
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