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HomeMy WebLinkAboutPSE Reply on Reconsideration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUGET SOUND ENERGY’S REPLY ON MOTION FOR RECONSIDERATION - 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 REPLY ON MOTION FOR RECONSIDERATION Puget Sound Energy, Inc. (“PSE”) proposes the construction of a 4-mile transmission line upgrade (the “Project”) in the City of Renton (“City” or “Renton”), which is one segment in the 16-mile Energy Eastside project.1 PSE submits this reply to the two sets of arguments raised by the Coalition of Eastside Neighbors for Sensible Energy (“CENSE”). For the reasons set forth in detail below, including the substantial record rebutting their claims, PSE respectfully requests that its motion be granted in full and that CENSE’s arguments be rejected. /// 1 PSE asks that its Request for Correction be construed as a Motion for Reconsideration. See PSE’s Request for Correction at 1, n. 1 (citing RMC 4-8-100.H.7). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUGET SOUND ENERGY’S REPLY ON MOTION FOR RECONSIDERATION - 2 719 Second Avenue Suite 1150 Seattle, WA 98104 (206) 623 -9372 I. ARGUMENT In our motion for reconsideration, PSE sought to clarify key aspects of the record including the following: 1) That the Hearing Examiner correctly concluded that substantial record evidence demonstrated that PSE’s Project, which includes operating both transmission lines at 230kV from energization, “will not materially increase the risk of unintentional pipeline release along the co-located Olympic Pipeline”2; 2) That the Hearing Examiner’s responsive clarifications were to issues not raised prior to hearing; 3) That PSE completed and submitted geotechnical reviews to the City during its conditional use permit (“CUP”) application review, which were submitted in full by PSE to the Hearing Examiner at hearing; and 4) That the Hearing Examiner’s condition on voltage ratings requires that “PSE shall operate both transmission lines at equivalent voltage ratings, except as necessary to respond to emergency situations.” These requests are pragmatic and, if adopted, would bring the Hearing Examiner’s decision into consistency with other conditions that apply to the Project. CENSE, however, responds by calling into question the degree of coordination between PSE and the Olympic Pipeline Company (“OPL”) and the efficacy of a condition, originally drafted by the Hearing Examiner, which requires operating the upgraded transmission lines at equivalent voltage ratings except during “emergency situations.” For the reasons set forth in detail below, these arguments should be rejected. 2 Revised Findings of Fact, Conclusions of Law and Final Decision (HE Decision) at p. 4; see also, HE Decision at 10 (finding that “[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.”). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUGET SOUND ENERGY’S REPLY ON MOTION FOR RECONSIDERATION - 3 719 Second Avenue Suite 1150 Seattle, WA 98104 (206) 623 -9372 a. PSE regularly coordinates with OPL on the Project. On response, CENSE seeks to undermine the validity of PSE’s ongoing coordination with OPL and to conflate OPL’s independent pipeline maintenance with PSE’s Project. These arguments ignore the substantial record confirming that PSE and the Partner Cities have thoroughly explored issues related to pipeline safety and have concluded that 1) the Project will not increase potential interactions between PSE’s transmission line and OPL’s pipelines3, 2) PSE has coordinated and will continue to coordinate with OPL because it is responsible utility practice and Renton’s CUP requires it and, 3) PSE and OPL are separate companies that independently operate their separate utility facilities.4 As presented at hearing by Lowell Rogers, utility corridors throughout the United States house both high voltage transmission lines and petroleum pipelines. This is common practice and, with planning and coordination, collocation can be accomplished without incident. Many jurisdictions, including Renton,5 encourage the collocation of utilities. The collocation of utilities does not, however, bring the utilities into a single 3 See, e.g., HE Decision at p. 4; see also, HE Decision at 10 (finding that “[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.”). 4 See, e.g., Ex. 18 (Final Environmental Impact Statement (“EIS”) at 4.9-37 (“Olympic, as pipeline operator, is responsible for operating and maintaining its pipelines in accordance with federal standards. PSE, as project applicant, has responsibilities (some of which may be imposed by jurisdictions with permit authority) to coordinate and cooperate with Olympic, but has limited authority to influence specific mitigation measures undertaken by Olympic related to pipeline operation or monitoring.”)). 5 Renton, Comprehensive Plan U-3 (“Promote the co-location of new utility infrastructure within rights-of-way and utility corridors, and coordinate construction and replacement of utility systems with other public infrastructure projects to minimize construction- related costs and disruptions.”). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUGET SOUND ENERGY’S REPLY ON MOTION FOR RECONSIDERATION - 4 719 Second Avenue Suite 1150 Seattle, WA 98104 (206) 623 -9372 company’s ownership; rather, each utility is required to monitor and maintain its facilities and ensure compliance with applicable codes separately.6 PSE owns and operates its transmission lines in a corridor also used by OPL. As a byproduct, the two companies regularly coordinate on maintenance and, as here, construction projects.7 The record is replete with documentation of coordination between PSE and OPL on this Project.8 This coordination will continue through Project construction (and beyond) with or without permit conditions. Nonetheless, the Hearing Examiner required, in five pages of conditions, extensive and continued documentation and coordination with OPL. These conditions are set forth in full in pages 3-10—3-15 of Renton’s EIS Consistency Review and include (among other conditions):  Developing a mutually agreed to construction and access plan with OPL’s Damage Prevention Team;  Field verifying the location of the pipelines prior to construction9;  Having an OPL pipeline safety observer onsite at all time during construction;  Drafting of a mitigation and monitoring report;  Working with OPL to evaluate and implement appropriate mitigation measures to reduce electrical interference with OPL’s system; 6 See, e.g., Ex. 18 at 4-37—38 (“To address concerns about potential interaction between the Energize Eastside transmission lines and Olympic Pipeline system, PSE and Olympic have coordinated regarding the project since 2012, and both have indicated they would continue their coordination through final design and construction.”). 7 Id. 8 See, e.g., Testimony of David Kemp (explaining PSE’s proactive information exchange and coordination with OPL, which enabled DNV-GL to ensure the accuracy of its modeling). 9 See also Testimony of Lowell Rogers. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUGET SOUND ENERGY’S REPLY ON MOTION FOR RECONSIDERATION - 5 719 Second Avenue Suite 1150 Seattle, WA 98104 (206) 623 -9372  Providing OPL with as much advance notice as practical of when outages are planned on the individual circuits in order to allow monitoring of the AC induction effects on the pipeline; and  Providing OPL with data on anticipated peak loads during winter and other information relevant to OPL’s pipeline maintenance. OPL both shared data with PSE to enable the DNV-GL study10 and has, in writing, acknowledged its review of the DNV-GL study.11 CENSE’s arguments are unfounded and should be rejected. b. The Hearing Examiner’s condition, as supplemented by PSE, effectively ensures that the lines will be operated at equivalent voltages. Finally, CENSE challenges the efficacy of the Hearing Examiner’s condition requiring that both lines be operated at 230/230kV (in the Hearing Examiner’s revised decision) or at equivalent voltage ratings (PSE’s proposed language). Both proposed versions of the condition are consistent with DNV-GL’s recommendations on measures to limit potential interactions between PSE’s transmission lines and the OPL pipelines. And, even assuming highly conservative baseline parameters (i.e., that both transmission lines would be run at maximum capacity 24-hours a day, which maximizes the potential for A/C interference), DNV-GL concluded that the Project would not increase interactions with the pipeline. Both versions of the condition also provide an exception to the 10 See Testimony of D. Kemp at 2 (“We worked not only with PSE but also with OPL to get actual data about their pipelines, so that our AC interference assessment reflected actual conditions in the ground for the existing facilities.”). 11 See Letter to J. Nedrud from M. Horn (Dec. 22, 2016), available at http://www.energizeeastsideeis.org/uploads/4/7/3/1/47314045/marc_horn_to_pse_letter_12.22.20 16.pdf; see also, Ex. 17 (Draft Phase II EIS) at 8-16 (citing to Olympic (Olympic Pipeline Company). 2016. Letter to Rich Crispo, Mayor of City of Newcastle (via Email) from Marc Horn, President of Olympic Pipe Line Company. July 19, 2016). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUGET SOUND ENERGY’S REPLY ON MOTION FOR RECONSIDERATION - 6 719 Second Avenue Suite 1150 Seattle, WA 98104 (206) 623 -9372 requirement in the event of “emergency situations.” This gives the City certain assurances while providing PSE with flexibility in operating and maintaining its transmission system. Nonetheless, CENSE argues that the condition is insufficiently robust because “there is no indication as to what is considered an ‘emergency situation.’”12 Where a term is not defined, it adheres to its dictionary definition.13 Here, “emergency” is commonly understood to mean “an unforeseen combination of circumstances or the resulting state that calls for immediate action” or “an urgent need for assistance or relief.”14 These definitions provide clear direction to PSE and ensure a proper implementation of the condition. Moreover, any attempt to define and foresee all possible “emergency situations” in the operation of a transmission system with greater specificity is impracticable and could constrain PSE from properly maintaining its system. CENSE’s arguments should be rejected. /// 12 CENSE, Response to PSE Motion for Clarification or Reconsideration at 3. 13 See generally, Columbia Riverkeeper v. Port of Vancouver USA, 188 Wn. 2d 421, 435, 395 P.3d 1031, 1038 (2017) (explaining that “we may discern the plain meaning of nontechnical statutory terms from their dictionary definitions.”) (quoting State v. Cooper, 156 Wn.2d 475, 480, 128 P.3d 1234 (2006)). 14 See Merriam-Webster Online Dictionary available at https://www.merriam-webster.com/ (definition of “emergency”). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUGET SOUND ENERGY’S REPLY ON MOTION FOR RECONSIDERATION - 7 719 Second Avenue Suite 1150 Seattle, WA 98104 (206) 623 -9372 DATED this 16th day of March, 2020. VAN NESS FELDMAN LLP s/ Sara A. Leverette Erin Anderson, WSBA #23282 Sara A. Leverette, WSBA #44183 719 Second Avenue, Suite 1150 Seattle, WA 98104 Tel: (206) 623-9372 Fax: (206) 623-4986 E-mail: ela@vnf.com; sal@vnf.com Attorneys for Puget Sound Energy, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF SERVICE – 1 719 Second Avenue Suite 1150 Seattle, WA 98104 (206) 623 -9372 CERTIFICATE OF SERVICE I, I’sha Wilis, 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 Reply on Motion for Reconsideration; 2. Certificate of Service; and that on March 16, 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 I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. EXECUTED at Seattle, Washington on this 16th day of March, 2020. s/ I’sha Willis I’sha Willis, Declarant