WSR 97-19-062

EXPEDITED ADOPTION

ENERGY FACILITY SITE

EVALUATION COUNCIL

[Filed September 15, 1997, 3:36 p.m.]

Title of Rule: Chapter 463-30 WAC, Procedure--Adjudicative proceedings.

Purpose: The proposed amendment adds PSD permits as a possible basis for scheduling a separate session of the council's adjudicative hearing.

Other Identifying Information: WAC 463-30-300.

Statutory Authority for Adoption: RCW 80.50.040.

Statute Being Implemented: RCW 34.05.250.

Summary: The section proposed for amendment provides guidelines for scheduling sessions of the adjudicative hearing.

Reasons Supporting Proposal: The council has authority to issue the NPDES and the PSD permits for projects which it certifies. As it exists, the rule lists NPDES permits, but not PSD permits.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jason Zeller, Mailstop 43172, Olympia, Washington 98504, (360) 956-2047.

Name of Proponent: Energy Facility Site Evaluation Council, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendment adds PSD permits as a possible basis for scheduling a separate session of the council's adjudicative hearing.

Proposal Changes the Following Existing Rules: See Summary and Reasons Supporting Proposal above.

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jason Zeller, Energy Facility Site Evaluation Council, Mailstop 43172, Olympia, Washington 98504-3172, AND RECEIVED BY November 14, 1997.

September 15, 1997

Jason Zeller

Manager

AMENDATORY SECTION (Amending WSR 90-05-018, filed 2/13/90, effective 3/16/90)

WAC 463-30-300 Hearing schedule guidelines. In any adjudicative site certification proceeding the council shall, after consultation with the parties, schedule the hearing process so that the following general subject areas may be heard separately at specified times, to the extent they are in issue:

(1) The description of the particular energy facility and the proposed site.

(2) Consistency of the proposal with zoning and land use regulations.

(3) Physical site suitability and related safety considerations.

(4) NPDES ((permit or)), PSD, or other permits.

(5) On-site and local impacts (physical): Such as aquatic, terrestrial and atmospheric.

(6) On-site and local impacts (societal): Such as housing, services, recreation, economics, transportation, health, and tax base.

(7) Peripheral area impacts (all categories).

(8) Adverse impacts minimization and consideration of conditions of certification.

At the commencement of the hearing, the council shall publicly announce the proposed schedule by which the hearing is to be conducted. The council may alter the schedule.