Horse Heaven Adjudication
EFSEC's siting process requires hearings on the proposed project to allow the applicant and other qualified interested parties to present expert witness testimony to support their concerns regarding the proposed project. These hearings are required to be conducted as formal "Adjudicative Proceedings".
Adjudication Venue
Adjudication - Venue
Document Title | Document Date | |
---|---|---|
EFSEC Decision on Venue | 03/28/2023 | |
Benton County Venue letter | 03/23/2023 | |
Counsel for the Environment Venue letter | 03/23/2023 | |
Scout Clean Energy Venue letter | 03/23/2023 | |
The Yakama Nation Venue letter | 03/23/2023 | |
Tri-Cities CARES Venue letter | 03/23/2023 |
Pre-Hearing Conferences
The first pre-hearing conference was scheduled Friday, March 10th, 2023 at 9am.
March 10, 2023 Horse Heaven Adjudication Pre-Hearing Conference Recording
Pre-Hearing Conference Documents
Document Title | Document Date | |
---|---|---|
Agenda - Horse Heaven Pre-Hearing Conference | 03/10/2023 | |
Horse Heaven Adjudication Pre-Hearing Notice | 03/10/2023 | |
Horse Heaven Adjudication First Pre-Hearing Conference Transcripts | 03/10/2023 |
The second pre-hearing conference was scheduled for Monday, March 20th, 2023 at 1:30pm.
March 20, 2023 Horse Heaven Adjudication 2nd Pre-Hearing Conference Recording
Second Pre-Hearing Conference Documents
Document Title | Document Date | |
---|---|---|
Agenda for Pre-Hearing Conference #2 | 03/17/2023 | |
Horse Heaven Adjudication Second Pre-Hearing Notice | 03/20/2023 | |
Horse Heaven Adjudication Second Pre-Hearing Conference Transcripts | 03/20/2023 |
The third pre-hearing conference was scheduled for Tuesday, May 2, 2023 at 10am.
May 2, 2023 Horse Heaven Adjudication 3rd Pre-Hearing Conference Recording
Third Pre-Hearing Conference Documents
Document Title | Document Date | |
---|---|---|
Horse Heaven Adjudication Third Pre-Hearing Agenda | 05/02/2023 | |
Horse Heaven Adjudication Third Pre-Hearing Notice | 04/21/2023 | |
Horse Heaven Adjudication Third Pre-Hearing Conference Transcripts | 05/02/2023 |
Motions Filed
Adjudication - Motions Filed
Intervention of Parties Potentially Affected by the Proposed Project
Private citizens, Tribal governments, non-governmental organizations, local, state, and federal agencies may petition the EFSEC Council to become intervenors (parties) in the proceedings. The Council grants intervenor participation based on the project's potential or possible impact on those seeking intervention. Intervenors are allowed to participate fully in the legal process, by presenting expert witnesses to the Council, and participating in cross-examination of other party’s witnesses.
Adjudication - Intervention
Document Title | Document Date | |
---|---|---|
Preliminary Order on Intervention | 03/09/2023 | |
Benton County - Notice of Appearance | 01/31/2023 | |
Benton County - Notice of Party Participation | 01/31/2023 | |
Applicant Attorney Tim McMahan - Notice for Party Participation | 01/31/2023 | |
Counsel for the Environment - Notice of Appearance | 02/03/2023 | |
Counsel for the Environment - Notice for Party Participation | 02/03/2023 | |
Tri-Cities C.A.R.E.S. - Petition to Intervene | 02/03/2023 | |
Tri-Cities C.A.R.E.S. - Declaration of Service | 02/03/2023 | |
Confederated Tribes and Bands of the Yakama Nation - Petition to Intervene | 02/03/2023 |
Adjudication - Objection
Adjudication Correspondence
Adjudication - Correspondence Letters
Adjudication - Notices
Document Title | Document Date | |
---|---|---|
Applicant - Notice of Unavailability | 03/15/2023 | |
Benton County - Amended Notice of Unavailability | 03/27/2023 | |
Benton County - Notice of Unavailability | 03/14/2023 | |
Counsel for the Environment - Notice of Unavailability | 05/12/2023 | |
Tri-Cities C.A.R.E.S. - 2nd Amended Notice of Unavailability | 04/25/2023 | |
Tri-Cities C.A.R.E.S. - Amended Notice of Unavailability | 03/20/2023 | |
Tri-Cities C.A.R.E.S. - Notice of Unavailability | 03/01/2023 | |
Yakama Nation - Notice of Unavailability | 03/13/2023 |
Public Participation in the Adjudicative Proceedings
Rather than formally petitioning the Council for intervention status, interested members of the public can make their concerns about the project known to the Counsel for the Environment who represents the public and its interest in protecting the quality of the environment during the adjudicative phase of the proceedings. Assistant Attorney General Sarah Reyneveld has been appointed Counsel for the Environment in this case. Her contact information is:
AAG Sarah Reyneveld
Attorney General’s Office
800 5th Avenue, Suite 2000 (TB/14)
Seattle, WA 98104-3188
Sarah.Reyneveld@atg.wa.gov
206-389-2126
During the course of the adjudication, the Council will set a time for public comment in accordance with RCW 80.50.090(4)(a). Any member of the public wishing to speak at this public comment hearing in support of or in opposition to the ASC must file their written comment with the Council by using the comment database button below, email adjudication@efsec.wa.gov, or by mailing to the EFSEC office, raising one or more specific issues no later than January 31, 2023.
Orders
On December 15, 2022 the Order Commencing Adjudication was sent out to interested parties.
Orders - Adjudication
Document Title | Document Date | |
---|---|---|
Order Commencing Adjudication | 12/15/2022 | |
Preliminary Order on Intervention | 03/09/2023 | |
Pre-Hearing Conference Order #1 | 03/17/2023 | |
Attachment for Pre-Hearing Conference Order #1 | 03/17/2023 | |
Pre-Hearing Conference Order #2 | 05/19/2023 | |
Protective Order | 05/24/2023 | |
Pre-Hearing Order Naming Conventions | 05/26/2023 | |
Pre-Hearing Order Naming Conventions - Appendix 1 | 05/26/2023 | |
Pre-Hearing Order Naming Conventions - Appendix 2 | 05/26/2023 |
Order Objections - Adjudication
Document Title | Document Date | |
---|---|---|
Tri-cities C.A.R.E.S. Objection to Second Prehearing Conference Order | 05/30/2023 | |
Benton County's Objections to Second Prehearing Conference Order | 05/30/2023 | |
Yakama Nation's Objections to Prehearing Order No 2 | 05/30/2023 |
Comments received:
Comments - Adjudication
Document Title | Document Date | |
---|---|---|
Combined 0001-0110 | 02/01/2023 |