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Tesoro Savage Vancouver Energy Project

Application No. 2013-01


Adjudication Information

GROUND RULES

July 29
Members of the Public will be Heard from
1:00PM to 5:00PM

Comments MUST be restricted to facts and evidence presented by the attorneys during the adjudication. No Exceptions.

No Written Comments will be Received

Pre-Arranged Group Spokespersons will Speak First for 3 Minutes Each

Followed by Speakers who will be Selected by Lottery and Allotted 2 Minutes Each to Speak

Daily Video of the Hearing will be Available Online at the City of Vancouver Television. Access to Video Footage May Vary Day to Day.

VANCOUVER

Monday, July 25 Friday, July 29
9 a.m.
Clark College Technical Center 18700 SE Mill Plain Boulevard Vancouver

OLYMPIA

ADDITIONAL DATE ADDED:
July 22
9 a.m.
Red Lion Inn - Olympia, WA

Tuesday, July 5 Thursday, July 7
Monday, July 11 - Thursday, July 14
Monday, July 18 - Thursday, July 21

9 a.m.
Red Lion Inn
2300 Evergreen Park Dr SW
Olympia

Transcripts

July 29
Morning Transcript
Afternoon Transcript
Morning Session
Afternoon Session

July 28
Transcript
Morning Session
Afternoon Session

July 27
Transcript
Morning Session
Afternoon Session

July 26
Transcripts
Morning Session
Afternoon Session

July 25
Transcript
Morning Session
Afternoon Session

July 22
Transcript
Morning Session
Afternoon Session

July 21
Transcript
Morning Session
Afternoon Session

July 20
Transcript
Morning Session
Afternoon Session

July 19
Transcript
Morning Session
Afternoon Session

July 18
Transcript
Morning Sesssion
Afternoon Session

June 27
Transcript
Morning Session
Afternoon Session

June 28
Transcript
Morning Session
Afternoon Session

June 29
Transcript
Morning Session
Afternoon Session

June 30
Transcript
Morning Session
Afternoon Session

July 5
Transcript
Morning Session
Afternoon Session

July 6
Transcript
Morning Session
Afternoon Session

July 7
Transcript
Morning Session
Afternoon Session

July 11
Transcript
Morning Session
Afternoon Session

July 12
Transcript Morning Session
Afternoon Session

July 13
Transcript
Morning Session
Afternoon Session

July 14
Transcript
Morning Session
Afternoon Session

Transcripts

WEEK 1
June 27, 2016
June 28, 2016
June 29, 2016
June 30, 2016

WEEK 2
July 5, 2016
July 6, 2016
July 7, 2016

WEEK 3
July 11, 2016
July 12, 2016
July 13, 2016
July 14, 2016

WEEK 4
July 18, 2016
July 19, 2016
July 20, 2016
July 21, 2016
July 22, 2016

WEEK 5
July 25, 2016
July 26, 2016
July 27, 2016
July 28, 2016
July 29, 2016
July 29, 2016 - Public Comment

Post Hearing Briefs

9-06-2016 Clark County's Post hearing Brief

9-06-2016 Columbia Riverkeeper, Et Al Final Adjudication Brief

9-06-2016 Post-Hearing Brief of the Department of Natural Resources

9-06-2016 The Counsel for the Environment's Closing Brief in Opposition to the Project

9-06-2016 Port of Vancouver USA's Post-Hearing Brief

9-06-2016 Final Port of Vancouver USA's Post-Hearing Brief

9-06-2016 Tribal Parties' Post Hearing Brief

9-06-2016 Applicant Tesoro Savage Petroleum Terminal LLC's Post-Hearing Brief

9-06-2016 City of Vancouver's Closing Brief

9-06-2016 City of Washougal Closing Brief

Orders

12-6-2016 Order extending time for Issuance of Final Order for Adjudication

9-14-2016 Order admitting testimony of Fred Millar and Frank James

8-31-2016 Order Granting City of Vancouver's Motion for Ruling that EFSEC Lacks Authority to Issue Pretreatment Discharge Permit, and Denying Vancouver Energy's Motion for Determination Regarding Issuance of Industrial Waste Discharge Permit.
Attachment A: May 2000 EPA letter

8-29-2016 Order Granting Additional Time for Submittal of Post-Hearing Briefs

6-21-2016 Order Denying Motion to Continue Adjudication Until After Final Environmental Impact Statement is Issued

6-20-2016 Order Denying Reconsideration and Setting Deadlines for Additional Submittals

6-15-2016 Order Granting Additional Open Record Time

6-15-2016 Order Taking Official Notice of the Vancouver Municipal Code

6-15-2016 Order on Karpinski Representation Request

6-07-2016 Order Denying Motions Concerning Facilities and Schedule

6-06-2016 Order Denying Tesoro Savage, LLC and Port of Vancouver Dispositive Motions

4-18-2016 Second Order Clarifying Procedures

3-31-2016 Order Summarizing Hearing Procedures

3-18-2016 Response to Intervenors' Position on Allocation of Time

3-17-2016 Notice of Intervenors' Position on Allocation of Adjudication Time

2-29-2016 Order on Objections and Setting Pre-Hearing Conference

2-03-2016 Order Clarifing EFSEC's Process, Modifying Dispostive Motion Deadline, Summarizing Preliminary Issues, and Setting Hearing Dates

5-28-2015 Order Amending Pre-Hearing Order Establishing Procedures

5-15-2015 City of Vancouver's and Parties' Joint Objection to EFSEC's First Pre-Hearing Order

5-5-2015 Pre-hearing Order Establishing Procedures and Setting Deadlines for Submittals

3-25-2015 Order Recognizing Participating Parties and Granting Interventions

1-28-2015 Order Commencing Agency Adjudication and Setting Intervention Petition Deadline

Notices:

4-2-2015 Notice of informal Pre-Hearing Conference April 24, 2015

Petitions for Intervention

2-27-2015 Petition for Intervention - Confederated Tribes and Bands of the Yakama Nation

2-27-2015 Petition for Intervention - Confederated Tribes of the Umatilla Indian Reservation

2-27-2015 Petition for Intervention - City of Spokane

2-27-2015 Petition for Intervention - Columbia Waterfront

2-26-2015 Petition for Intervention - Columbia River Inter-Tribal Fish Commission

2-26-2015 Petition for Intervention - International Longshore and Warehouse Union (ILWU) Local 4

2-26-2015 Petition for Intervention - City of Washougal

2-26-2015 Petition for Intervention:
                  Columbia Riverkeeper
                  Climate Solutions
                  ForestEthics
                  Friends of the Columbia Gorge
                  Fruit Valley Neighborhood Association
                  Sierra Club
                  Spokane Riverkeeper
                  Washington Environmental Council (WEC)

Notice of Participation

3-06-2015 Notice of Party Participation - Counsel for the Environment

3-06-2015 Notice of Party Participation - Tesoro Savage Petroleum Terminal, LLC.

2-25-2015 Notice of Party Participation - Port of Vancouver

2-20-2015 Notice of Party Participation - Clark County

2-20-2015 Notice of Party Participation - City of Vancouver

2-06-2015 Notice of Party Participation - Department of Natural Resources

Other Pleadings

4-8-2016 Stipulated Request for Clarification Regarding March 31, 2016 Order Summarizing Hearing Procedures

1-08-2016 - City of Vancouver
Preliminary List Issues
Preliminary List Exhibits
Preliminary List Witnesses

1-08-2016 - City of Spokane
Preliminary List Issues
Preliminary List Witnesses

1-08-2016 - EarthJustice
                     Columbia Riverkeeper
                     Climate Solutions
                     ForestEthics
                     Friends of the Columbia Gorge
                     Fruit Valley Neighborhood Association
                     Sierra Club
                     Spokane Riverkeeper
                     Washington Environmental Council (WEC)
Preliminary List of Issues, Witnesses and Exhibits

1-08-2016 - Columbia Waterfront LLC
Preliminary List of Issues, Exhibits and Witnesses

1-08-2016 - Columbia River Inter-Tribal Fish Commission
           Confederated Tribes of the Umatilla
           Confederated Tribes and Bands of the Yakama Nation
Preliminary List of Issues, Witnesses and Exhibits

1-08-2016 - Tesoro Savage Petroluem Terminal, LLC
Preliminary List of Issues, Exhibits and Witnesses

1-08-2016 - City of Washougal
Preliminary List of Issues, Exhibits and Witnesses

1-08-2016 - Port of Vancouver
Preliminary List of Issues, Witnesses and Exhibits

1-08-2016 - Department of Natural Resources
Preliminary List of Issues, Witnesses and Exhibits

1-08-2016 - Counsel for the Environment
Preliminary List of Issues, Witnesses and Exhibits
Supplemental Preliminary List of Witnesses

1-08-2016 - Clark County
Preliminary List of Issues, Witnesses and Exhibits

Dispositive Motions

3-31-2016

  • Tesoro Savage Petroluem Terminal, LLC Motions:
    - Motion for Determination Regarding Issuance of Industrial Waste Discharge Permit
    - [Proposed] Order Confirming EFSEC Authority to Issue Industrial Wate Discharge Permit
    - Declaration Dale Johnson
    - Declaration of Brian Carrico
    - Motion to Dismiss Issues 15, 20, 49, 50, 51, 52, 53, 66 and Porions of Issues 7, 12, 14, 18, 19, 39, 45, 64, 67, 68 ("Rail Operation Issues")
    - Proposed Granting Motion to Dismiss Issues 15, 20, 49, 50, 51, 52, 53, 66 and Porions of Issues 7, 12, 14, 18, 19, 39, 45, 64, 67, 68 ("Rail Operation Issues")


    Responses to Motions:

    Opposition to Tesoro-Savage's Motion for Determination Regarding Issuance of Industrial Waste Discharge Permit, Columbia Riverkeeper, et al
    - City of Vancouver's Response to Applicant's Motion for Determination Regarding Issuance of Industrial Waste Discharge Permit
    - City of Vancouver's Second Affidavit of Frank A. Dick In Opposition to Applicant's Motion for Order Ruling that EFSEC has Authority to Issue Pretreatment Discharge Permit
    - City of Vancouver's Response to Applicant's Motion for Determination Regarding Issuance of Industrial Waste Discharge Permit Attachment 6
    - City of Vancouver's Response to Applicant's Motion for Determination Regarding Issuance of Industrial Waste Discharge Permit Attachment 7
    - City of Vancouver's Response to Applicant's Motion for Determination Regarding Issuance of Industrial Waste Discharge Permit Attachment 8


  • Port of Vancouver
    Motions:
    - Motion for Partial Summary Judgement RE: Preemption
    - Declaration of Todd Coleman in Support of Motion for Partial Summary Judgement RE: Preemption

    Response to Motions:
    - City of Spokane's Response in Opposition to Tesoro Savage, LLC's Motion to Dismiss and Port of Vancouver's Motion for Summary Judgement
    - Tribal Parties' Opposition to Tesoro Savage's Motion to Dismiss and Port of Vancouver's Motion for Partial Summary Judgement
    - Response of Applicant Tesoro Savage LLC to Port of Vancouver's Motion for Partial Summary Judgement RE: Preemption

    Reply to Response:
    - Consolidated Reply in Support of the Port of Vancouver USA's Motion for Partial Summary Judgement RE: Preemption


  • City of Vancouver
    Motions:

    - Motion for Order Ruling that EFSEC Lacks Authority to Issue Pretreatment Discharge Permit
    - City of Vancouver's Affidavit of Karen L. Reed in Support of Motion for Order Ruling that EFSEC Lacks Authority to Issue Pertreatment Discharge Permit
    - City of Vancouver Affidavit of Frank A. Dick in Support of Motion for Order Ruling that EFSEC Lack Authority to Issue Pretreatment Discharge Permit

    Response to Motions:
    - Port of Vancouver USA's Response to City of Vancouver's Motion for Order Ruling that EFSEC Lacks Authority to Issue Pretreatment Discharge Permit and to Vancouver Energy's Motion for Determination Regarding Issuance of Industrial Waste Discharge Permit

Correspondence

12-16-2016 Crosswalk document

12-16-2016 Letter from Chair Lynch regarding the Prefiled Attachments to Exhibits crosswalk.

10-14-2016 Letter to parties regarding Prefiled Attachments to Exhibits Crosswalk

3-09-2016 Letter from the Parties of Agreed List of Issues and Questions

5-18-2015 Letter from the City of Spokane concurring with the Stipulation on Pre-Hearing Precedures and Joint Motion to Amend Pre-Hearing Order

5-15-2015 Tesoro Savage Petroleum Terminal LLC and the Statutory Parties and Intervenors Stipulation on Pre-Hearing Procedures and Joint Motion to Amend Pre-Hearing Order

9-28-2015 Letter to the Parties Regarding Discovery Requests

9-24-2015 Letter to the Parties Regarding Adjudication Mailings to Non-Participating Statutory Parties

7-22-2015 Letter to the Parties Regarding Ex-Parte Communications

6-22-2015 Letter to the Parties Concerning Adjudication Tasks to Undertake Pending Issuance of the Draft Environmental Impact Statement

6-12-2015 Letter to the Parties in Response to the Letter Sent by the Applicant Requesting Modification of the Order Amending Pre-Hearing Order Establishing Procedures

6-02-2015 Letter from the Applicant and Parties Requesting to Allow Dispositive Motions

3-06-2015 - Applicant's Consolidated Response to Petitions for Intervention

03-13-2015 - The Confederated Tribes of the Umatilla Indian Reservations's Reply to Applicant's Consolidated Response to Intervention

03-12-2015 - Columbia River Inter-Tribal Fish Commission's Reply to Applicant's Consolidated Reponse to Petitions for Intervention

03-11-2015 - City of Washougal's Reply to Applicant's Consolidated Reponse to Petitions for Intervention

03-11-2015 - Columbia Riverkeeper et al. Reply to Tesoro-Savage Objections to Intervention

03-11-2015 - Columbia Waterfront LLC's Reply to Applicants Consolidated Response to Petitions for Intervention

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For information or questions concerning this application please contact:

Sonia Bumpus, EFSEC Siting Specialist/Project Manager
Energy Facility Site Evaluation Council
PO Box 43172
Olympia, WA 98504-3172
(360) 664-1363

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To be added to the Tesoro Savage Vancouver Energy Distribution Terminal mailing list please contact Joan Aitken at 360-664-1365 or e-mail your complete name and postal address to efsec@utc.wa.gov and indicate if you want to receive notices of future permitting activity for this project by e-mail, surface mail, or both methods of delivery.

Important Note: Public comments submitted to the Council via the internet or in writing become public records under the Washington State Public Records Act (RCW 42.17). Information included in the comment such as the commenter's e-mail and mailing address becomes a public record once it is provided to EFSEC and may be subject to public inspection and copying if not protected by federal or state law. For additional information please see our Privacy Notice

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