HomeMy WebLinkAboutPSE's Request for Correction and Response to Renton's Request for Limited Reconsideration - 2-27-2020
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PSE’S REQUEST FOR CORRECTION AND RESPONSE TO
RENTON’S REQUEST FOR LIMITED CONSIDERATION - 1
719 Second Avenue Suite 1150
Seattle, WA 98104
(206) 623 -9372
The Honorable Phil Olbrechts
BEFORE THE HEARING EXAMINER
FOR THE CITY OF RENTON, WASHINGTON
In re: Renton Land Use Matter
LUA18-000055
Puget Sound Energy, Inc.
Energize Eastside Conditional Use Permit
File
No. Renton Land Use Matter
LUA18-000055
PUGET SOUND ENERGY, INC.’S
REQUEST FOR CORRECTION
[RMC 4-8-100.H.7]1 AND RESPONSE TO
RENTON’S REQUEST FOR LIMITED
RECONSIDERATION.
I. REQUEST FOR CORRECTION
Applicant Puget Sound Energy, Inc. (“PSE”) appreciates Hearing Examiner
Olbrechts' thorough engagement of the considerable record on PSE’s conditional use
permit (“CUP”) application for the construction of 4 miles of high voltage transmission
lines in the City of Renton (“City”). As set forth in detail in PSE’s Hearing Memorandum,
the more than six years of evaluation of the Energize Eastside project was searching and
rigorous and resulted in key project changes along the way. We submit this limited request
for correction to the Revised Findings of Fact, Conclusions of Law and Final Decision
(HE Decision) to ensure that the decision addresses impacts of the project as proposed in
1 In the event that the Hearing Examiner is unable to resolve PSE’s Request for Correction
before the February 28, 2020 deadline for motions for reconsideration, PSE asks that this request
for correction be construed as a motion for reconsideration.
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PSE’S REQUEST FOR CORRECTION AND RESPONSE TO
RENTON’S REQUEST FOR LIMITED CONSIDERATION - 2
719 Second Avenue Suite 1150
Seattle, WA 98104
(206) 623 -9372
PSE’s CUP application and fully reflects the record developed during the City’s permit
review.
EDM Report. On pages 4-6 and 9, the HE Decision summarizes EDM Services,
Inc.’s Energize Eastside EIS Pipeline Safety Technical Report (“EDM Report”)2 findings
with respect to potential safety risks of the Willow 2 route operating at two different
voltages (115kV/230kV). Because the EDM Report was an appendix to the Phase I, Draft
Environmental Impact Statement (“EIS”), it focuses exclusively on the potential impacts
of PSE operating the Willow 2 route under 115/230kV operational parameters which was
PSE’s preferred alternative at that time.3
As was presented at hearing and stated in the HE Decision, this is not the route or
operational parameters that PSE proposed to construct in Renton in its permit application
to Renton.4 Following analysis of the most effective means to reduce (and indeed
eliminate) risks associated with A/C interference5 and consistent with the Final EIS, PSE
changed its proposed alignment by electing to proceed with the Willow 1 route and,
accordingly, sought a CUP that authorized construction and operation of both
2 Ex. 17 at Appendix I-5 (Phase II, Draft EIS, Appendix I-5, Energize Eastside EIS
Pipeline Safety Technical Report).
3 Ex. 17 at p. 49-64 (assessing A/C interference of Willow 2); id. at 82-89 (individual risk
assessment of collocating two Olympic pipelines with 115/230kV lines); 96-100 (societal risks
associated with Willow 2/115/230kV lines).
4 HE Decision at 5 (“PSE had originally proposed to operate its two transmission lines at
115kV for one line and 230kV for the other line for the initial stages of operation but agreed to
operate both lines at 230kV to avoid the corrosion and voltage risks identified in the DNV
study.”).
5 See A.C. Interference Analysis 230kV Transmission Line Collocated with Olympic
Pipelines OPL16 and OPL20 Study (“A.C. Interference Study”); Testimony of David Kemp. PSE
notes that the EDM Report scrutinizes and ultimately relies upon DNV-GL’s A/C Interference
Study. Ex. 17 at p. 49-50.
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PSE’S REQUEST FOR CORRECTION AND RESPONSE TO
RENTON’S REQUEST FOR LIMITED CONSIDERATION - 3
719 Second Avenue Suite 1150
Seattle, WA 98104
(206) 623 -9372
transmission lines at 230/230kV from the outset of energization.6 This commitment to
230/230kV operational parameters is reflected both in the record and the Decision.7
The Hearing Examiner's conclusion that “the proposal will not materially increase
the risk of unintentional pipeline release along the co-located Olympic Pipeline” is well
supported in the HE Decision and the record.8 PSE respectfully requests, however, that all
discussion regarding potential risks associated with the Willow 2 route under 115/230kV
operational parameters be removed from the HE Decision. PSE did not submit a CUP
application for the Willow 2 route or seek approval to operate at 115 kV/230 kV., The
Willow 2 discussion is not relevant to nor does it inform analysis of PSE’s Renton CUP
application, which proposed the Willow 1 230/230kV configuration.9 Discussion in the
HE Decision about a route/configuration that was not before the City is confusing at best
and has the potential to mislead readers. Any action taken to seek review of the Decision
based on a Willow 2 discussion is not pertinent to the actual project proposed to Renton
and would be prejudicial to the applicant.
Response to Comments. Page 6 of the HE Decision states that certain comments
related the EDM Report were not addressed in the Draft and Final EISs, Appendices J and
K. It is unclear from the HE Decision which comments, specifically, went unaddressed
6 Id. at p. 49-50.
7 Decision at 4; Ex. 18 at 2-11 (Final EIS explaining that “[t]he current plan for the
Energize Eastside project is to operate both circuits at 230 kV. PSE proposes to power both
transmission lines in the corridor at 230 kV instead of having one at 230 kV and one at high-
capacity 115 kV (as was described in the Phase 2 Draft EIS). “); Ex. 14 (Conditional Use
Justification; “Within Renton, approximately 4 miles of existing 115 kV lines (two) will be
upgraded with two 230 kV lines beginning at the City’s northern boundary with Newcastle and
ending at the existing Talbot Hill substation.”)
8 HE Decision at p. 4.
9See HE Decision at p. 4: 16-5: 10; p. 6:9-15; p. 9: 12-18 (applying EDM risk associated
with 115/230kV parameters to PSE CUP application proposing the 230/230kV parameters which
have no additional associated risk. This application was later correct on HE Decision p. 10 which
identified no increase in risk.).
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PSE’S REQUEST FOR CORRECTION AND RESPONSE TO
RENTON’S REQUEST FOR LIMITED CONSIDERATION - 4
719 Second Avenue Suite 1150
Seattle, WA 98104
(206) 623 -9372
(making it difficult for PSE to review the EIS record for responses). PSE understands this
section was intended to mean that new comments raised by the public at hearing may not
be fully addressed in EIS documents because those documents were finalized years before
the Renton hearing. PSE respectfully requests that this section of the HE Decision be
clarified as the Final EIS, Appendices J and K fully respond to all comments submitted
during environmental review.
Geotechnical Report. PSE respectfully requests that the HE Decision be
corrected to reflect the fact that a geotechnical report was submitted as part of the record.
Page 14, lines 14-15 of the HE Decision state that “the geotechnical report for the Renton
section was not submitted into the record.” PSE respectfully disagrees, as this document is
found in the City’s full permit file, a complete copy of which was submitted to the
Hearing Examiner in its entirety on a thumb drive presented by PSE attorney Erin
Anderson at the hearing and admitted as Exhibit 22.10
Leak Detection. On Page 16, the HE Decision discusses Olympic Pipeline’s leak
detection system. As found in the HE Decision, with respect to pipeline incidents, “[n]o
increased risk was assigned to the 230/230kV configuration because no AC interference
was found to occur under this configuration as determined in the DNV report.”11 Olympic
Pipeline’s leak detection system is not part of PSE’s CUP application and PSE has no
legal authority to manage or operate Olympic Pipeline’s facilities. PSE respectfully
requests that this section be removed from the HE Decision as Olympic Pipeline’s
facilities are not part of the proposal under review. Alternatively, PSE requests that this
section be clarified to re-state that substantial evidence in the record confirms that PSE’s
10 Geotechnical Engineering Services, Energize Eastside Project, Redmond to Renton,
Washington for Puget Sound Energy (June 8, 2016) can be found in the folder entitled “Submittal
Document v1.20180125,” which is on the thumb drive submitted as Ex. 22 to the HE Decision.
11 HE Decision at 10:9-11.
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PSE’S REQUEST FOR CORRECTION AND RESPONSE TO
RENTON’S REQUEST FOR LIMITED CONSIDERATION - 5
719 Second Avenue Suite 1150
Seattle, WA 98104
(206) 623 -9372
proposal does not increase risk of pipeline leaks and that PSE bears no responsibility for
leak detection of Olympic Pipeline’s facilities.
Richards Creek Substation. PSE respectfully requests that the HE Decision at
Page 33 be corrected to state that the Richards Creek substation will be located in the City
of Bellevue and not Renton.12
230/230kV operation. Finally, PSE requests that HE Decision, Condition 11 be
corrected to be consistent with the language in PSE’s City of Bellevue CUP to read, “PSE
shall operate both transmission lines at equivalent voltage ratings, except as necessary to
respond to emergency situations.” This approach ensures that the operational parameters
identified by DNV (and specifically the cross-cancelling benefits of running both lines at
equivalent voltage ratings) are implemented without unnecessarily limiting PSE’s ability
to manage its system.
II. RESPONSE ON CITY’S REQUEST FOR LIMITED RECONSIDERATION
On February 14, 2020, the City submitted a request for limited reconsideration
asking 1) to change HE Decision, Condition #9 (relating to art poles) and 2) a correction
of the name of the current Land Use Director for the City of Bellevue. PSE supports the
request to correctly identify Liz Stead as Bellevue’s Land Use Director, but disagrees with
changes proposed by the City with respect to Condition #9.
The City requested the following changes to HE Decision, Condition #9:
Individual art wraps for the transmission line poles shall be submitted to
the Current Planning Project Manager for review and approval prior to the
issuance of a Construction Permit. PSE will install art wraps at up to 12 15
transmission line pole locations (including those previously discussed and
identified by the City at the Renton Technical College and on publicly
12 HE Decision at 33:12-13 (“The Seco letter points out that the Richards Creek
substation, to be placed in Renton, embraces such new technology and that Renton has not
benefitted from any similar facility”).
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PSE’S REQUEST FOR CORRECTION AND RESPONSE TO
RENTON’S REQUEST FOR LIMITED CONSIDERATION - 6
719 Second Avenue Suite 1150
Seattle, WA 98104
(206) 623 -9372
visible PSE‐owned property). Artwork shall be installed prior to the
energizing of the transmission line, or as otherwise approved by the
Current Planning Project Manager, but at no point will art installation
delay the transmission lines from being energized. The Current Planning
Manager may require a cash security bond for completion of the artwork if
it is not installed prior to energizing.
PSE has no comment on the City’s first two requested deletions, but cannot comply with a
requirement to delay the energization of the rebuilt transmission lines to install art. Any
such a delay would run counter to PSE’s statutory duty to deliver safe, reliable power to
its rate payers and federally-mandated reliability planning criteria. See RCW
80.28.010(2).
As explained in PSE’s Hearing Memorandum, the Energize Eastside project “is a
critical component of an approximately 16-mile electric system upgrade required to bring
PSE’s system into compliance with federally-required planning criteria by increasing
transmission reliability on the Eastside, including Renton.” Ex. 22 at 98. Compliance with
these planning criteria is not elective and PSE cannot postpone energization of these lines
to install art wraps for transmission line poles. To do so would potentially undermine the
integrity of PSE’s system. PSE is, however, committed to implementing Condition #9
and so proposes addressing the City’s concerns about potential delays with the imposition
of a bond:
Individual art wraps for the transmission line poles shall be submitted to
the Current Planning Project Manager for review and approval prior to the
issuance of a Construction Permit. PSE will install art wraps at up to 12 15
transmission line pole locations (including those previously discussed and
identified by the City at the Renton Technical College and on publicly
visible PSE‐owned property). Artwork shall be installed prior to the
energizing of the transmission line, or as otherwise approved by the
Current Planning Project Manager, but at no point will art installation
delay the transmission lines from being energized. The Current Planning
Manager may require shall accept a cash security bond for completion of
the artwork if it is not installed prior to energizing.
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CERTIFICATE OF SERVICE - 1
719 Second Avenue Suite 1150
Seattle, WA 98104
(206) 623 -9372
CERTIFICATE OF SERVICE
I, I’sha Willis, declare as follows:
That I am over the age of 18 years, not a party to this action, and competent to be a
witness herein;
That I, as a Legal Assistant in the office of Van Ness Feldman, caused true and
correct copies of the following documents to be emailed to the Hearing Examiner and
counsel of record as set forth below:
1. Puget Sound Energy, Inc.’s Request for Correction [RMC 4-8-100.H.7] and
Response to Renton’s Request for Limited Consideration;
2. Certificate of Service;
and that on February 27, 2020, I addressed said documents and deposited them for
delivery as follows:
City of Renton Hearing Examiner
City of Renton
Leslie Clark lclark@rentonwa.gov
Jill Ding JDing@Rentonwa.gov
Citizens for Sane Eastside Energy (CSEE)
Larry G. Johnson larry.ede@gmail.com
Coalition of Eastside Neighbors for Sensible Energy (CENSE)
Rick Aramburu rick@aramburu-eustis.com
Carol Cohoe carol@aramburu-eustis.com