The adjudicative
proceedings were held in
Bellingham, Washington From December 8, through December 11, 2003.
A
hearing to receive public evidence and testimony on the Application of
the proposed Project was held on Tuesday, December 9, 2003,
in Blaine, WA. The Council also took
comments on the proposed State Waste Discharge Permit, the 401 Certification
and the proposed Prevention of Significant Deterioration/Notice of
Construction air emissions permit at this hearing.
A Land-Use hearing was
convened on December 9, 10 and 11, 2003, in Bellingham, WA.
Notices:
-
9/14/04:
Special
Meeting Scheduled for Sept 24, 2004
for Recommendation on BP Cherry Point
-
7/12/04:
Notice of Reconvened Land-Use and Adjudicative Hearings:
July 26, 2004, 10:00 A.M., Seattle, Washington :
PDF
-
11/7/03:
Notice of Beginning of Adjudicative proceeding, Public Hearing, and
Draft Permits Issued for Public Comment:
PDF
9/5/03:
Notice of Opportunity for Late Intervention - September 26, 2003:
PDF
6/9/03:
Notice of Intent to Hold Prehearing Conference, Notice of Schedule
for Submittal of Issues Lists:
PDF
4/28/03:
Notice of Revisions Received to the BP Cherry Point Cogeneration
Project Application for Site Certification - Application No. 2002-01
PDF
10/23/02: Notice of Intent to Hold Prehearing Conference, Notice
of Schedule for Responses to Petitions for Intervention: PDF
9/18/02: Notice of Intent to Hold
Adjudicative Proceeding, Notice of Opportunity to File Petitions for
Intervention, Notice of Intent to Hold Prehearing Conference: PDF
Council Orders
-
Council Order No. 803 - Revised (Oct 26, 2004),
Findings of Fact,
Conclusions of Law, and Order Recommending Approval of Site Certification
on Condition
PDF (43
pages)
-
Council
Order 798 - Post
Hearing Order No. 3: Order on Determination Made in Connection with the Land use
Hearing Under RCW 80.50.090 (2), WAC 463-14-030, and WAC 463-26-110.
-
Council
Order 797 - Post
Hearing Order No. 2: Order on Amended Stipulation and Settlement Agreement
Between Applicant and Whatcom County
-
2/9/04:Post
Hearing Order No. 1, Council Order No. 788: Order on Request by
Applicant and Whatcom County to Delay Council
Decision on Land Use Consistency and Postpone Posthearing Briefing Schedule:
PDF
-
1/27/04:
Council Order No. 787
Prehearing
Order No. 6 - Order on Amended Stipulation Between the Applicant and Counsel
for the Environment
-
12-18-03:
:
Prehearing Order No.5, Council
order No. 785: Fourth Prehearing Conference Order Regarding
Withdrawal of the Province of British Columbia and Adjudicative Proceedings
Schedule
-
11/17/03:
Council Order
No. 784 - Prehearing Order No. 4
,
Third Prehearing Conference
Order Receiving Proposed
Settlement Agreement, Setting
Hearing Dates,
and Dealing
with Hearing Procedures
and Proposed Permits
-
10/13/03:
Council order
No. 780 - PREHEARING ORDER NO. 3: Order on
Motion of the Washington Utilities and Transportation Commission to Withdraw
Notice of Intent to Participate as a Party.
-
7/28/03:
Council Order No. 779, Prehearing Order No. 2: SECOND PREHEARING
CONFERENCE ORDER FINALIZING INTERVENTION, REVIEWING STIPULATIONS AND
AGREEMENTS, REVIEWING ISSUES AND DISCOVERY MATTERS AND SETTING HEARING DATE
-
PDF;
Appendix A -
Consolidated Issues List
-
12/16/02:
Prehearing Order No. 1; Council Order No. 773; Granting, on Condition,
Petitions for Intervention; and Adopting Hearing Guidelines: PDF
Issue Lists:
-
7/07/03:
Response to Order 773 by Counsel for the Environment,
Consolidated Issues List:
PDF
-
4/03/03:
Response to Order 773 by Whatcom County:
PDF
Prefiled Testimony:
Applicant;
Whatcom
County; Applicant's
Rebuttal Testimony
Exhibit 20.0 (MSM-T)
Applicant’s Prefiled Direct Testimony – Mark S. Moore
Exhibit 20.1
(MSM-1): Figure 2.1-1 Cherry Point Cogeneration Project
Location Map
Exhibit 20.2
(MSM-2): Figure 2.1-5 Plant Site Map
Exhibit 21.0 (MDT-T) Applicant’s
Prefiled Direct Testimony – Michael D. Torpey
Exhibit 21.1 (MDT-1)
Michael D. Torpey’s Credentials
Exhibit 21.2 (MDT-2) (not available electronically)
Exhibit 21.3
(MDT-3): Figure 2.1-4 Zoning Map
Exhibit 21.4 (MDT-4): Simplified Reuse Water
Flow Diagram:
A,
B,
C
Exhibit 22.0 (BRP-T)
Applicant’s Prefiled Direct Testimony – Brian R. Phillips
Exhibit 22.1 (BRP-1)
Exhibit 22.2 (BRP-2)
Exhibit
22.3 (BRP-3)
Exhibit 23.0 (WDM-T)
Applicant’s Prefiled Direct Testimony – W. David Montgomery, Ph.D.
Exhibit 23.1 (WDM-1)
W. David Montgomery, Ph.D. Credentials
Exhibit 23.2 (WDM-2) Benefits of
CHP relative to a Combined Cycle
Exhibit 23.3 (WDM-3) Capacity
and Heat Rates of Electric Generators in
Washington and Oregon
Exhibit 23.4 (WDM-4)
Benefits of CHP relative to Avg PNW Generator
Exhibit 24.0 (DMH-T)
Applicant’s Prefiled Direct Testimony – David M. Hessler, P.E.
Exhibit 24.1 (DMH-1) Summary of
Noise Modeling Methodology and Results
Exhibit 24.2 (DMH-2) Aerial
Photograph of Site Vicinity Showing Noise Level
Exhibit 24.3 (DMH-3) Aerial
Photograph of Site Vicinity Additional Noise
Exhibit 24.4A
(DMH-4), Exhibit
24.4B (DMH-4)Additional Noise Monitoring
Results
Exhibit 24.5 (DMH-5) Gas Turbine
Installation Sound Emissions
Exhibit 25.0 (TRA-T)
Applicant’s Prefiled Direct Testimony – Thomas R. Anderson
Exhibit 26.0 (WPM-T)
Applicant’s Prefiled Direct Testimony – William P. Martin
Exhibit 26.1 (WPM-1) William P.
Martin Credentials
Exhibit 26.2 (WPM-2) Table 3.3-3
Wastewater Flows and Chemical Composition
Exhibit 26.3 (WPM-3) Table 3.3-4
Potential Impact of Proposed Cogeneration Project
Exhibit 27.0 (MAK-T)
Applicant’s Prefiled Direct Testimony – Michael A. Kyte
Exhibit 27.1 (MAK-1) Michael A.
Kyte Credentials
Exhibit 28.0 (ADE-T)
Applicant’s Prefiled Direct Testimony – A. David Every, Ph.D.
Exhibit 28.1 (ADE-1) A. David
Every, Ph.D. Credentials
Exhibit 28.2 (ADE-2)
Figure 2 Impacted Wetlands and Restoration
Areas
Exhibit 28.3 (ADE-3) Figure 1 Site
Vicinity Map
Exhibit 28.4 (ADE-4) Figure 6A
Existing Surface and Subsurface (Interflow)
Exhibit 28.5 (ADE-5) Figure 6B
Existing Mitigation Surface and Subsurface (Interflow)
Exhibit 28.6 (ADE-6) Addendum:
Changes to Revised Cogeneration Project;
28.6(ADE-6)Fig 3,
28.6(ADE-6) Fig 10B;
28.6(ADE-6)
Fig 11B;
28.6(ADE-6)Fig 9A;
28.6(ADE-6)
Fig 9B;
28.6(ADE-6) Fig 9C;
28.6(ADE-6) Fig 9D
Exhibit 29.0 (JWL-T)
Applicant’s Prefiled Direct Testimony – James W. Litchfield
Exhibit 29.1 (JWL-1)
James W. Litchfield Credentials
Exhibit 40.0: Bill Elfo
Exhibit 41.0: Neil
Clement
Exhibit 42.0: Dr.
Kate Stenberg
Exhibit 42.1: Resume
of Dr. Kate Stenberg
Exhibit 43.0:
Douglas Goldthorp
Exhibit 44.0: Hal Hart
Exhibit 45.0: Paul
Wierzba, Ph.D., P.Eng.
Exhibit 45.3: Wind and Environmental Conditions in the Area
Exhibit 45.4:
Approximate Spectral Frequency Distribution of a Heron Call
Exhibit 45.5:
Background Sound Levels of the Area
Exhibit 46.0:
Rodney Vandersypen
Exhibit 47.0: Kraig
Olason
Exhibit 48.0: Jane
Koenig, Ph.D.
The following Whatcom County exhibits are not
available in electronic format. please contact the EFSEC office at (360)
956-2121 to obtain a copy.
Exhibit 48.1: Curriculum Vitae, Jane Q. Koenig, Ph.D.
Exhibit 48.2: Bibliography, Jane Q Koenig, Ph.D.
Exhibit 48.3: Pulmonary Function Changes in children
Associated with Fine Particulate Matter
Exhibit 48.4: Particulate Air Pollution and Hospital
Emergency Room Visits for Asthma in Seattle
Exhibit 48.5: Effects of Ambient Air Pollution on
Nonelderly Asthma Hospital Admissions in Seattle, Washington 1987-1994
Exhibit 48.6: An Association between Fine Particles
and Asthma Emergency Department Visits for Children in Seattle.
Exhibit 48.7: Measurement if Offline Exhaled Nitric
Oxide in a Study of Community Exposure to Air Pollution
Exhibit 20.0 R: Applicant's Prefiled Rebuttal Testimony: Mark S. Moore
Exhibit 21.0 R:
Applicant's
Prefiled Rebuttal Testimony: Michael D. Torpey
Exhibit 22.0 R:
Applicant's
Prefiled Rebuttal Testimony: Brian R. Phillips
Exhibit 24.0 R:
Applicant's
Prefiled Rebuttal Testimony: David M. Hessler
Exhibit 24.1 R: Wind
Speed and Direction During Oct 28 to Nov 5 Background Sound Level Survey
Exhibit 24.2 R:
Aerial
Photograph of Site vicinity Showing Noise level Monitoring Locations (in
Yellow) at nearest Sensitive Receptors (Survey April 8-1,. 2003)
Exhibit 24.3 R:
Ambient Sound
level Data, L90(15 min). Compared to Wind Speed and Direction During April
Survey
Exhibit 24.4 R:
Seasonal Wind Roses for Cherry Point Refinery
Exhibit 24.5 R:
Typical GE
7FA Load Compartment
Exhibit 24.6 R:
Example 3x3x1
GE 7FA Plant
Exhibit 24.7 R: Example
2x1x1s1 GE 7FA Plant
Exhibit 27.0 R:
Applicant's
Prefiled Rebuttal Testimony: Michael A. Kyte
Exhibit 28.0 R:
Applicant's
Prefiled Rebuttal Testimony: A. David Every
Exhibit 30.0 R:
Applicant's
Prefiled Rebuttal Testimony: Donald Davies PhD
Exhibit 31.0 R:
Applicant's
Prefiled Rebuttal Testimony: Ann M. Eissinger
Exhibit 31.1 R:
Curriculum
Vitae Ann M. Eissinger
Exhibit 31.2 R:
Great Blue
Heron Habitat and Concentration Areas Map A
Exhibit 31.3 R:
Great Blue
Heron Habitat and Concentration Areas Map B
Exhibit 31.4 R: Great
Blue Heron Habitat and Concentration Areas Map C
Exhibit 32.0 R:
Applicant's
Prefiled Rebuttal Testimony: Sanjeev R. Malushte PhD
Exhibit 33.0 R:
Applicant's
Prefiled Rebuttal Testimony: Dennis R. Bays
Exhibit 34.0 R:
Applicant's
Prefiled Rebuttal Testimony: David H. Enger
Exhibit 34.1 R:
Map of
Proposed Delta Line Road Realignment
Service List:
Hearing Transcripts
Official Transcripts of Public Comment and
Adjudicative Hearings are available for viewing during
business hours (8-5, excluding weekends and holidays) at the EFSEC office, 905 Plum St.SE, 3rd floor,
Olympia, WA 98504-3172.
Please note that copies of the transcripts can not be made due
to copyright restrictions. However, transcripts may be purchased directly from
Flygare and Associates, 1-800-574-0414, www.flygare.com.
Motions
