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.
Petition for Reconsideration
Submitted on May 20th, 2024 by Scout Clean Energy.
Petition for Reconsideration
Adjudication Recordings
EFSEC staff post the Adjudication recordings as soon as they are available
July 03, 2023 Discovery Conference
August 14, 2023 Horse Heaven Adjudication - Day 1
August 15, 2023 Horse Heaven Adjudication - Day 2
August 16, 2023 Horse Heaven Adjudication - Day 3
August 21, 2023 Horse Heaven Adjudicaiton - Day 4
August 22, 2023 Horse Heaven Adjudication - Day 5
August 23, 2023 Horse Heaven Adjudication - Day 6
August 23, 2023 Horse Heaven Adjudication - Public Comment Hearing
August 24, 2023 Horse Heaven Adjudication - Day 7
August 25, 2023 Horse Heaven Adjudication - Day 8
Adjudication - Transcripts
Document Title | Document Date | |
---|---|---|
Comment Hearing | 08/23/2023 | |
Discovery Conference | 07/03/2023 | |
Hearing Day 1 | 08/14/2023 | |
Hearing Day 2 - REDACTED | 08/14/2023 | |
Hearing Day 3 | 08/16/2023 | |
Hearing Day 4 - REDACTED | 08/21/2023 | |
Hearing Day 5 - REDACTED | 08/22/2023 | |
Hearing Day 6 - REDACTED | 08/23/2023 | |
Hearing Day 7 | 08/24/2023 | |
Hearing Day 8 - REDACTED | 08/25/2023 |
Orders
On December 15, 2022 the Order Commencing Adjudication was sent out to interested parties.
Orders - Adjudication
Order Objections - Adjudication
Document Title | Document Date | |
---|---|---|
Benton County's Objections to Second Prehearing Conference Order | 05/30/2023 | |
Tri-cities C.A.R.E.S. Objection to Second Prehearing Conference Order | 05/30/2023 | |
Yakama Nation's Objections to Prehearing Order No 2 | 05/30/2023 |
Hearing Dates
The Adjudication hearings were held in August of 2023
- Monday, August 14 & Tuesday, August 15: 9:00 a.m. to 4:00 p.m
- TOPICS:
- Mon 14 Land Use
- Tue 15th Wildlife, Environmental Impacts: Wildlife
- TOPICS:
- Wednesday, August 16: 9:00 a.m. to 12:00 p.m.
- TOPICS: Environmental Impacts: Wildflife
- Monday August 21 through Friday, August 25: 9:00 a.m. to 4:00 p.m.
- TOPICS:
- Mon 21: Cultural/Historic/Archeological Resource Impacts (CONFIDENTIAL HEARING ALL DAY)
- Tue 22: Societal/Economic Impacts; Overall Scope and Scale
- Wed 23: Overall Scope and Scale; Site Restoration and Decommissioning; Environmental/Physical Impacts: Visual
- Thurs 24: Environmental/Physical Impacts: Visual & Other Physical Impacts
- Fri: 25: Environmental Impacts: Other Physical Impacts
- TOPICS:
- Wednesday, August 23: Public Comment Hearing, 5:30 p.m. to 8:00 p.m.
Adjudication Venue
Adjudication - Venue
Document Title | Document Date | |
---|---|---|
Benton County Venue letter | 03/23/2023 | |
Counsel for the Environment Venue letter | 03/23/2023 | |
EFSEC Decision on Venue | 03/28/2023 | |
Scout Clean Energy Venue letter | 03/23/2023 | |
The Yakama Nation Venue letter | 03/23/2023 | |
Tri-Cities CARES Venue letter | 03/23/2023 |
August 23, 2023 Public Hearing Speaker Sign-Up
Adjudication - Aug 23 Speaker Sign-Up
Document Title | Document Date | |
---|---|---|
August 23, 2023 FINAL Speaker Sign-Up Sheet | 08/23/2023 |
Public Comment Hearing was held August 23, 2023, 5:30 – 8:00 PM or last speaker, whichever came first.
Members of the public who filed a written comment with the Council prior to January 31, 2023, raising one or more specific issues spoke in support or opposition to the proposed Horse Heaven Wind Farm during the Public Comment Hearing session of the adjudication.
RCW 80.50.090(4)(a) provides that, at the adjudicative hearing “any person shall be entitled to be heard in support of or in opposition to the application for certification by raising one or more specific issues, provided that the person has raised the issue or issues in writing with specificity during the application review process or during the public comment period . . . prior to the start of the adjudicative hearing.” Consistent with this, the December 15, 2022, Order Commencing Agency Adjudication stated that:
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 raising one or more specific issues no later than January 31, 2023.
Meeting Location
The Public Hearing was held virtually.
Video
The Horse Heaven Public Comment meeting video can be found on our YouTube page.
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
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
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
The fourth pre-hearing conference was scheduled for Friday, August 4th, 2023 at 3:15pm.
August 4, 2023 Horse Heaven Adjudication 4th Pre-Hearing Conference Recording
The fifth pre-hearing conference was scheduled for Thursday, August 10th, 2023 at 2:00pm.
August 10, 2023 Horse Heaven Adjudication 5th Pre-Hearing Conference Recording
Pre-Hearing Conference Documents
Document Title | Document Date | |
---|---|---|
PHC1 Agenda | 03/10/2023 | |
PHC1 Notice | 03/10/2023 | |
PHC1 Transcript | 03/10/2023 | |
PHC2 Agenda | 03/17/2023 | |
PHC2 Notice | 03/20/2023 | |
PHC2 Transcript | 03/20/2023 | |
PHC3 Agenda | 05/02/2023 | |
PHC3 Notice | 04/21/2023 | |
PHC3 Transcript | 05/02/2023 | |
PHC4 Notice | 08/03/2023 | |
PHC4 Transcript | 08/04/2023 | |
PHC5 Agenda | 08/07/2023 | |
PHC5 Notice | 08/07/2023 | |
PHC5 Transcript | 08/10/2023 |
Motions Filed
Adjudication - Motions Filed
Adjudication Briefs
Adjudication - Post-hearing Briefs
Document Title | Document Date | |
---|---|---|
Benton County Post-Hearing Brief | 10/13/2023 | |
Scout Clean Energy Post-Hearing Brief - REDACTED | 10/13/2023 | |
The Yakama Nation Post-Hearing Brief - REDACTED | 10/13/2023 | |
Tri-Cities Cares Post-Hearing Brief - REDACTED | 10/13/2023 |
Adjudication - Pre-Hearing Briefs
Document Title | Document Date | |
---|---|---|
Applicant Scout Clean Energy, LLC's Pre-Hearing Brief | 08/10/2023 | |
Applicant Scout Clean Energy, LLC's Pre-Hearing Brief - Amended | 08/10/2023 | |
Benton County's Pre-Hearing Brief | 08/09/2023 | |
Confederated Tribes and Bands of the Yakama Nation's Pre-Hearing Brief | 08/09/2023 | |
TCC's Pre-Hearing Brief | 08/09/2023 |
Exhibits
Admitted Exhibits
Notices for Adjudication and Public Comment Hearing
Notice for Adjudication and Public Comment Hearing
Document Title | Document Date | |
---|---|---|
Notice of Adjudicative Hearings and Public Comment Hearing | 08/08/2023 | |
Supplemental Notice of Adjudicative Hearings and Public Comment Hearing | 08/11/2023 |
Intervention of Parties Potentially Affected by the Proposed Project
Private citizens, Tribal governments, non-governmental organizations, local, state, and federal agencies were eligible to 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 | |
---|---|---|
Applicant Attorney Tim McMahan - Notice for Party Participation | 01/31/2023 | |
Benton County - Notice of Appearance | 01/31/2023 | |
Benton County - Notice of Party Participation | 01/31/2023 | |
Confederated Tribes and Bands of the Yakama Nation - Petition to Intervene | 02/03/2023 | |
Counsel for the Environment - Notice for Party Participation | 02/03/2023 | |
Counsel for the Environment - Notice of Appearance | 02/03/2023 | |
Preliminary Order on Intervention | 03/09/2023 | |
Tri-Cities C.A.R.E.S. - Declaration of Service | 02/03/2023 | |
Tri-Cities C.A.R.E.S. - Petition to Intervene | 02/03/2023 | |
Tri-Cities C.A.R.E.S. - Petition to Intervene - Attachment | 02/03/2023 |
Adjudication - Objection
Adjudication Correspondence
Adjudication - Correspondence Letters
Adjudication - Notices
Document Title | Document Date | |
---|---|---|
Applicant - Notice of Unavailability | 03/15/2023 | |
Applicant - Notice of Unavailability | 08/23/2023 | |
Benton County - Amended Notice of Unavailability | 03/27/2023 | |
Benton County - Notice of Unavailability | 08/23/2023 | |
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. - Notice of Unavailability | 08/22/2023 | |
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 | 08/23/2023 | |
Yakama Nation - Notice of Unavailability | 03/13/2023 |
Adjudication Comments received:
Comments - Adjudication