TagPollution Control Hearings Board(1532)

Pollution Control Hearings Board (PCHB) Order in case PCHB 01-160 denying Airport Communities Coalition (ACC) motion to redact portions of pre-filed testimony of Paul Fendt. ACC argued the testimony violated the February 28, 2002 discovery cut-off order by including discussions and work on the Low Flow Plan conducted between February 12 and February 19, 2002,

Reply memorandum filed by Airport Communities Coalition (ACC) in PCHB No. 01-160 before the Pollution Control Hearings Board for the State of Washington, in support of ACC’s motion to redact pre-filed direct testimony of Port of Seattle expert Paul Fendt regarding Walker Creek low flow frequencies. ACC argues that Fendt’s opinions and the March 2002

Port Of Seattle response filed in PCHB case 01-160 opposing ACC’s (Airport Communities Coalition) motion to redact testimony of Paul S. Fendt, P.E., and strike Exhibit C. Port argues Walker Creek low flow period calculations and Exhibit C were prepared before the February 19, 2002 meeting with Kelly Whiting and before the February 28, 2002

Fifth Declaration of Paul S. Fendt, P.E. (AR 001896-001897), filed in PCHB case No. 01-160 before the Pollution Control Hearings Board for the State of Washington. Declarant is a Port Of Seattle consultant addressing the December 2001 Low Flow Plan, Walker Creek low flow period calculations, and meetings with Ecology’s Kelly Whiting on February 12

Declaration by Peter J. Eglick, attorney of record for Airport Communities Coalition (ACC), filed April 11, 2002 in PCHB No. 01-160 before the Pollution Control Hearings Board for the State of Washington. Supports ACC’s motion to redact pre-filed testimony of Paul S. Fendt, P.E. (3/7/02). Attaches: (1) excerpt from deposition of Kelly Whiting (February 28,

ACC (Airport Communities Coalition) motion filed in PCHB No. 01-160 before the Pollution Control Hearings Board for Washington State, seeking redaction of pre-filed direct testimony of Port of Seattle consulting hydrologist Paul Fendt of Parametrix, Inc. Specifically targets paragraph 42 (p. 11, lines 18-19) stating ’44 of the 47 low flows occurred between August 7

Declaration by Rachael Paschal Osborn, attorney of record for Airport Communities Coalition (ACC), in PCHB No. 01-160, supporting ACC’s motion to redact pre-filed testimony of Paul Fendt. Filed with the Pollution Control Hearings Board for the State of Washington. Osborn describes cross-examining Fendt on March 27, 2002, requesting redaction of specific sentence and exhibit from

Post-Hearing Evidentiary Order issued by the Pollution Control Hearings Board (PCHB) in case PCHB 01-160, Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. State of Washington Department of Ecology and Port Of Seattle. Order governs admissibility of exhibits numbered 1–2240 following hearing held March 18–29, 2002. Addresses hearsay objections, waived objections, background-only

Certificate of Service filed April 4, 2002 by Michael Dennis of Helsell Fetterman LLP on behalf of Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) in PCHB Case No. 01-160. Certifies hand delivery on March 14, 2002 of Appellants’ Responses to Ecology/Port Objections and Counter-excerpts of published depositions, and proposed revisions to Outline

Summary Statement for Deposition Publication submitted by ACC and CASE in ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160, pursuant to Order Granting Appellant’s Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002. Deponent John Drabek, supervisor of the Industrial Permit and