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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

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

Document Title Document Date
Benton County's Motion to Stay Adjudicative Proceedings Pending FEIS Issuance 05/18/2023
Tri-Cities C.A.R.E.S Motion for Stay Pending SEPA with DecServ and Attachments 05/18/2023
Yakama Nation's Motion for Continuance of Adjudication Deadlines 05/18/2023
Tri-Cities C.A.R.E.S Motion for Disqualification / Recusal of Presiding Administrative Law Judge with Decl ISO and Decserv 05/25/2023
Applicant’s Response in Opposition to Motions to Stay or Continue Adjudicative Proceedings Pending FEIS Issuance 05/25/2023
Applicant Objection to Tri-Cities C.A.R.E.S. (“TCC”) Formal Discovery Deposition Notice 05/30/2023
Benton County’s Reply in Support of Motion to Stay Adjudicative Proceedings Pending FEIS Issuance 05/30/2023
Yakama Nation’s Reply to Motion for Continuance of Adjudication Deadlines 05/31/2023
Tri-Cities C.A.R.E.S. Reply to Applicant’s Response to Motion to Stay Pending FEIS Issuance 05/31/2023

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

Document Title Document Date
Applicants Limited Objection to Tri-Cities C.A.R.E.S. Petition to Intervene 02/17/2023
Response to Applicant's Limited Objection to Tri-Cities C.A.R.E.S. Petition to Intervene 02/24/2023

Adjudication Correspondence

Adjudication - Correspondence Letters

Document Title Document Date
Letter from Yakama Nation regarding Protective Order 05/24/2023
Motion Practice - Response and Reply Intervals for Non-Dispositive Motions 05/19/2023
Letter from Applicant regarding Issues of Discovery, Disputed Issues, and Objection to Additional Site Visit 05/04/2023
Letter from TriCities C.A.R.E.S. regarding Issues from Pre-Hearing Conference #3 05/04/2023
Letter from Yakama Nation regarding Topics from Pre-Hearing Conference #3 05/04/2023
Counsel for the Environment Preliminary List of Disputed Issues 03/20/2023
Yakama Nation Preliminary List of Disputed Issues 03/20/2023
Letter from Yakama Nation and Benton County to Judge Torem regarding Joint Statement of Disputed Issues 03/09/2023
Letter to Judge Torem regarding Input on Issues in Dispute for Adjudication Proceeding 03/09/2023
Letter to Judge Torem regarding Procedural Considerations 03/01/2023

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