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HomeMy WebLinkAboutres2000-018WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 - 125 A CLEARANCES Date bete Received in Council office Agenda Date Assigned To Ong. Dept.: County Council 04/13/2000 �S Y� APR 13 2000 WHATCOM COUNTY COUNCIL 04/1 72000 Special Council Division Head: Dept Head: Prosecutor: Budget Ezeagve: SUBJECT: Petition for intervention in the EFSEC adjudication process for Sumas 2 Energy ATTACHMENTS SUMMARYSTATEMENT: Related County Contract N: Should the Clerk schedule a hearing ?(Y /N Requested Date: The Whatcom County Council is going to petition for intervention in the EFSEC (Energy Facility Site Evaluation Council) adjudication process on the Sumas Energy 2 application RECOMMENDED MOTION (/brfinal action): COUNCIL ACTION TAKEN: Related File Numbers: Ordinance or Resolution Number (this item only): Res. *=-DI8 Proposed by: Hoag Sponsored by: Consent Introduced: April 17, 2000, Special Meeting RESOLUTION NO. 2000-018 RESOLUTION TO INTERVENE IN THE MATTER OF THE SUMAS ENERGY 2 GENERATION FACILITY PENDING BEFORE THE WASHINGTON ENERGY FACILITY SITE EVALUATION COUNCIL. WHEREAS, the Whatcom County Council as the Board of Health is charged with protecting the health and safety of the citizens of Whatcom County, and; WHEREAS, the Whatcom County Council is elected to represent the concerns of the citizens of Whatcom County and charged with the broad responsibility of protecting the health and safety of the public, and looking out for the public interest. WHEREAS, there is now pending before the Washington Energy Facility Site Evaluation Council an application (No. 99 -1) submitted by Sumas Energy 2, Inc., for permission to construct and operate a natural gas - fired electrical energy generation plant within the City of Somas, Whatcom County. WHEREAS, certain environmental, land use and natural resource concerns have been raised to the Whatcom County Council in regard to the construction and operation of said energy generation facility. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the County shall petition the Washington Energy Facility Site Evaluation Council ( EFSEC) to intervene as a party in the proceedings regarding Somas Energy 2 to ensure that state and local requirements are followed regarding floodwater, noise, and air quality impacts, including but not limited to: impacts from floodwater displaced by fill; impacts of noise; and impacts to area aquifers. Further, to ensure that the EFSEC decision is in the best interests of Whatcom County. Any position or comment from the full Council will be affirmed by a majority vote of all Councihnembers and our legal counsel will be our sole spokesperson throughout the EFSEC process. APPROVED this 17th day of April, 2000. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown- Davis, Clerk of Council Marlene Dawson, Council Chair APPROVED AS TO FORM: n.� Civil t y Prosecutor BEFORE THE STATE OF WASHINGTON ENERGY FACILITY SITE EVALUATION COUNCIL In the Matter of ) Application No. 99-1 ) WHATCOM COUNTY SUMAS ENERGY 2, INC. ) APPLICATION FOR INTERVENTION SUMAS ENERGY 2 GENERATION ) FACILITY ) PETITION FOR INTERVENTION OF WHATCOM COUNTY For reasons set forth herein, Whatcom County, a municipal subdivision of the State of Washington whose boundaries are set forth in RC W 36.04.370, respectfully moves the Council pursuant to RCW Chapters 80.50 and 34.05, WAC 463 -30 -400, and 1� pursuant to the Notice of Intent to Hold Adjudicative Proceeding, for authorization to O intervene in the above - entitled matter. The proposed power plant project will be located in the city of Sumas, Whatcom County, in the State of Washington. Although the project is located within the limits of the City of Sumas, the impacts of the plant will extend into Whatcom County jurisdiction, if not properly mitigated. Documents submitted by the Applicant in support of their DAVIDS.MfFACHR N WHA' M MUM PRUSECU'nNO AMRNE' Whatcom County Application CIVIL DIVISION Far Intervention - I c.w+r�w 311 A.. YIIiogM1mw.WW) 676 " vazumv roa,e: I." "I Al application indicate that future transmission lines may be laid from the facility out of the city limits of Somas into the unincorporated area of Whatcom County. Therefore, lands, resources, and the people of Whatcom County will be directly affected by the Council's decision whether to approve, deny or condition the proposed power plant project. Under the Washington State Constitution, the Revised Code of Washington, the Whatcom County Charter, and the Whatcom County Code, Whatcom County is vested with broad responsibility for protecting the general public health and welfare of the people within its boundaries. Furthermore, the Whatcom County Council functions as the Board of Health for the County, and is vested with the more specific duties to protect . public health within all areas of the county, including the incorporated areas of the City of Sumas. As part of its governmental functions, Whatcom County maintains important constitutional, statutory and code responsibility for land use and environmental planning and review. Experience which the County has in routinely reviewing development proposals within its local boundaries, coupled with the experience and expertise of the Board of Health in reviewing matters relating to public health and safety will assist the Council in evaluating this project under criteria set forth in Chapter 80.50 RCW and Title 463 WAC. (nl Whatcom County has a direct and substantial interest which is not adequately O represented or protected by existing parties in this matter. Whatcom County's ability to protect its interests relating to the subject matter of this hearing would be impaired or impeded absent intervention in this case. The County further asserts that its intervention is clearly in the public interest. Whatcom County is concerned that the proposed construction and operation of the Sumas Energy 2 Generation Facility may have negative DAVID S. Mc ACDRAN WNAICOM COUNTY PROSECUTING ATrORNE) Whazcom County Application avTLD1VISWN For Intervention - 2 eau.c�.w.a.rw. wvsmv flue: (]Gp 6]6 diU impacts to the environment, to include air quality and noise emissions, which may interfere with the reasonable use and enjoyment of nearby lands within the sole jurisdiction of the County and to the health of its residents. The County is also concerned with the potential impact of floodwaters upon the unincorporated areas of the County adjacent to the facility which may result from the displacement of soils or fills produced by the construction of the facility or its needed infiastructure. Moreover, the County is concerned that the siting and construction of the facility may have negative impacts upon local aquifers within the jurisdiction of the County. As Whatcom County is intimately familiar with local conditions which the Council will be evaluating over the course of its project review, the County asserts that the unique and important perspective which the County could bring to this proceeding would provide valuable input to assist the Council in its thorough assessment of the proposed project. Whatcom County desires to be heard in these proceedings and to be afforded the right to participate herein to the full extent authorized under the Council rules. Including, but not limited to the right to have notice of and appear at any and all hearings or proceedings, to produce evidence, call witnesses, and cross-examine witnesses, to be heard through counsel, through written and oral argument, to be served henceforth with copies of all pleadings, applications, and notices and for such other participation and n relief as may be appropriate. Absent the opportunity to proceed as a party in this matter, the interests of Wbatcom County and that of the public would be seriously impaired and impeded. Neither disruption of proceedings nor prejudice to the petitioner would result from Whatcom County becoming a party to this proceeding. D"U)S.Me CHRAN WHA'ICDM ODUNtY MOSENnN AMRNEI Whatc County Applimfion CIVILDIVISNM' Far Intervention - 3 311 fiats AwW Btlli^�Iwv ^. Wami^Faa �]]SJQN 1Fly 1717 )"I Wherefore, Whatcom County respectfully requests that it be permitted to intervene in the above - entitled proceedings and be made a party thereto. Whatcom County additionally requests that the undersigned attorney be added to the service list in this matter. Dated this 17th day of April, 2000. Respectfully submitted, , at a David rt, WSBA# 15770 Deputy Prosecuting Attorney for Whatcom County Whatcom County Prosecutor's Office Courthouse 311 Grand Avenue Bellingham, WA 98225 Phone: (360) 676 -6784 Fax: (360) 738 -2532 I DAVID S. Mc CMMN WHAICOM COUNTY PROSECUnNG ATIORNE Whatcom County Application CIVILDIVISION For Intervention - 4 �] e .s Mw ]n cwa A� _ Mae: (MIIJ 6]6dR< VERIFICATION STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) I, Marlene Dawson, Chairperson of the Whatcom County Council, being first duly sworn upon oath, deposes and says: I have reviewed factual allegations set forth in the foregoing application for intervention and, based upon my personal knowledge, believe the same to be true and correct to the best of my knowledge and information 0- i Mar ene Dawson M) 1 1 I •;_hz .._ 14 This l'" day of April, 2000: a Wp *A �' : - NOTARY PUBLIC in and for the State PAJ'd os of Washington, residing at �" -^ , . rs�p �pAt�4 My commission expires I ©- 7n•nt I n f� MASNh - 1`l JJ1 DAVID S. M�ACHRAN WHAn:OM NUNIY PROSECUHNG ATIORNE Whatmn COmAy Application CIVIL DIVISION For Intervention - 5 a tyo.. m a 311 C Arc Btl4^Wwry WUM1 %1]S J01Y Mmc:(MIIj 04d784 CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document, Petition for Intervention of Whatcom County, upon all parties of record in this proceeding, by authorized method of service pursuant to WAC 463- 30- 120(2)(a). i Dated at / >d , Washington, this 17" day of April, 2000, M. MJIMMIJBIL • Parties served by mail/ facsimile Charles Blumenfeld Perkins Cole LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101 Counsel for the Hnvironanent Ms. Mary Barrett Assistant Attorney General Office of the Attorney General Highways- Licenses Building 1125 Washington Street P.O. Box 40100 Olympia, WA 98504 -0100 Whatcom County Application For Intervention - 6 a V DAVID S. MCEACHRAN WHATCOM COUNTY PROSECUTING ATrORNEt CIVIL DIV51ON G My Qw"M e.Sn K" 311 Gm Aw 6e11iryhmvn. 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