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HomeMy WebLinkAbout20200316 CENSE Reply PSE-CoB Responses--Reconsideration1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Honorable Phil Olbrechts BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON, WASHINGTON In Re Puget Sound Energize Eastside Conditional Use Permit LUA18-000055, CU-H, SME No. LUA18-000055 CENSE REPLY TO RESPONSES OF PSE AND BELLEVUE TO CENSE MOTION FOR RECONSIDERATION 1. INTRODUCTION. On February 28, 2020, CENSE filed with the City of Renton its Motion for Reconsideration as permitted by the Examiner. The CENSE motion addressed several portions of the Examiner's decision, including assertions regarding project completion, impacts on the City of Renton, the authority of the Examiner to order additional review under SEPA and whether proceedings before the Washington Utilities and Transportation Commission ("WUTC") addressed specific project concerns. The City of Bellevue and PSE dispute the content of the CENSE motion. For the reasons stated herein, the Examiner should modify his decision consistent with the CENSE motion. LLLL A W OOOO F F I C E S O F J .J .J .J . RRRR I C H A R D A A A A R A M B U R U ,,,, P L L C 705 2 N D AVE., SUITE 1300 SEATTLE 98104-1797 (206) 625-9515 FAX (206) 682-1376 CENSE REPLY TO RESPONSES OF PSE AND BELLEVUE TO CENSE MOTION FOR RECONSIDERATION - 1 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 26 27 28 2. PROJECT COMPLETION AND INDEPENDENCE OF THE DEADEND LINE. PSE vigorously asserts that it will really, really complete the entire 18 or 16 mile transmission line from the Talbot Hill substation in Renton to the Sammamish substation in Redmond. See PSE Response at page 2. However, there has been no application for the north segment and PSE declines to say when it might apply for the rest of the proposal. The applications for approval of the subject South Segment were made in September, 2017, with commitment that the North Segment application would be filed before the end of the year. Of course no application was made in 2017, 2018, 2019 or so far in 2020; the proposal before the Examiner remains only the South Segment. Both PSE and Bellevue studiously avoid any mention of the conclusions in the Bellevue staff report that the south segment "can function independently" and the connection to the north is to "provide redundancy." Importantly, neither PSE nor any of the cities involved have ever identified the segment from the Richards Creek substation north as one that exists to simply "provide redundancy." PSE says nothing about the "redundancy" of that line in its response. Bellevue references "redundancy" in a footnote of its response to CENSE's motion (Number 4) on page 7, as a feature that "provides a very important tool to protect system reliability." For this proposition, the City provides three cites from the record, but none of them address the north segment referenced in its own staff report. The reference to "redundancy" on page 6-18 of the FEIS under the heading "Utility disruptions caused by terrorism or natural hazards" is only related to "long term planning efforts." The reference to page 2-37 of the Phase 1 DEIS is to distributed generation: "a substantial degree of redundancy is needed in distributed generation resources." No mention of transmission. Neither are redundancy or transmission mentioned in the City's citation to page 16-25 of the Phase 1 DEIS. If this is all the city can muster for the analysis of north segment redundancy, it certainly demonstrates the LLLL A W OOOO F F I C E S O F J .J .J .J . RRRR I C H A R D A A A A R A M B U R U ,,,, P L L C 705 2 N D AVE., SUITE 1300 SEATTLE 98104-1797 (206) 625-9515 FAX (206) 682-1376 CENSE REPLY TO RESPONSES OF PSE AND BELLEVUE TO CENSE MOTION FOR RECONSIDERATION - 2 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 26 27 28 complete lack of analysis. Since it was Bellevue that indicated that it was "PSE's analysis [that] supported and demonstrated . . . that the south segment could function whether or not the north segment is built" one would expect citation to this "analysis" by Bellevue, but none is forthcoming. There is a real difference between a line that is redundant and a line that is "a must." Moreover, the references in Bellevue's staff report state that the redundant/independent dichotomy comes from "PSE's analysis. . ." Again PSE refuses to address what was in their analysis, seemingly distancing itself from the statement. Keep in mind that these references and distinctions were not generated by CENSE, but by the City of Bellevue. For a $150,000,000 to $300,000,000 project that runs through four miles of Renton, more analysis is required before a final decision can be made. Why does the public find out now that one portion of this project is characterized as "redundant" and the other can operate independently? As described in its motion, CENSE requests the appropriate supplemental SEPA analysis, either in the form of a supplemental EIS or an addendum to the FEIS to address this subject. Further review is certainly appropriate. 3. SEPA ISSUES. Bellevue rises to the defense of PSE claiming that the issues raised by CENSE are covered by the discussion of "phased construction" in project and SEPA documents. Page 2. It is certainly understood that PSE will install the new towers and lines in a manner that will continue to energize the new Richards Creek substation while the other segment is built. But the issue is not construction phasing, but evaluation of "new information" under WAC 197-1-600(3)(b)(ii), which supports a supplemental EIS. Under the rule, "new information" includes a "lack of material disclosure." If the only references to the redundancy of the north segment are those cited by the City of Bellevue above (PSE's response does not even contain the word "redundancy"), there does appear to be a lack of material disclosure. LLLL A W OOOO F F I C E S O F J .J .J .J . RRRR I C H A R D A A A A R A M B U R U ,,,, P L L C 705 2 N D AVE., SUITE 1300 SEATTLE 98104-1797 (206) 625-9515 FAX (206) 682-1376 CENSE REPLY TO RESPONSES OF PSE AND BELLEVUE TO CENSE MOTION FOR RECONSIDERATION - 3 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 26 27 28 The record supports additional environmental review as requested by CENSE. 4. OLYMPIC PIPELINE ISSUES. At page 11 of its motion, CENSE requests reconsideration of issues related to pipeline safety. PSE contends that "pipeline safety has been extensively studied" and that "PSE's proposal has eliminated the risk of causing additional interaction between PSE's transmission lines and Olympic's pipelines" such that "no more is required." Response at 10, lines 12-14. But PSE freely admits it does not operate, control or have any authority over the pipeline. The issue here is simple: if the pipeline has been "extensively studied", and the studies suggest that all problems have been "eliminated," where is the evidence that the pipeline operator agrees with PSE's representations and will abide by conditions? As with the redundant/independent dichotomy, PSE begs the question on pipeline safety. It says again that it regularly meets with Olympic and coordinates with them, yet the record contains no independent verification from Olympic on any of these issues. The best evidence of the studies and mitigation measures for the pipeline appears to be affirmation from the pipeline owner, OPL. It should be made a condition of approval. DATED this 16th day of March, 2020. __/s/________________________________ J. Richard Aramburu, WSBA #466 Attorney for Petitioner CENSE LLLL A W OOOO F F I C E S O F J .J .J .J . RRRR I C H A R D A A A A R A M B U R U ,,,, P L L C 705 2 N D AVE., SUITE 1300 SEATTLE 98104-1797 (206) 625-9515 FAX (206) 682-1376 CENSE REPLY TO RESPONSES OF PSE AND BELLEVUE TO CENSE MOTION FOR RECONSIDERATION - 4 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 26 27 28 DECLARATION OF SERVICE I am an employee in the Law Offices of J. Richard Aramburu PLLC, over eighteen years of age and competent to be a witness herein. On the date below I e- mailed to counsel of record copies of the foregoing Motion, addressed as follows: City of Renton Hearing Examiner Phil Olbrechts, olbrechtslaw@gmail.com Renton City Clerk, Jason Seth, jseth@rentonwa.gov Jill Ding, Planner, Jding@Rentonwa.gov Larry Johnson larry.ede@gmail.com for CSEE Sara A. Leverette sleverette@vnf.com plus SAL@vnf.com, and Erin L. Anderson eanderson@vnf.com (PSE attorneys, Van Ness Feldman) I'sha M. Willis willis@vnf.com City of Bellevue attorneys mmcfarland@bellevuewa.gov, kgerla@bellevuewa.gov, czakrzewski@bellevuewa.gov I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge and belief. DATED this 16th day of March, 2020. Law Offices of J. Richard Aramburu, PLLC __/s/__________________________ Carol Cohoe, Legal Assistant LLLL A W OOOO F F I C E S O F J .J .J .J . RRRR I C H A R D A A A A R A M B U R U ,,,, P L L C 705 2 N D AVE., SUITE 1300 SEATTLE 98104-1797 (206) 625-9515 FAX (206) 682-1376 CENSE REPLY TO RESPONSES OF PSE AND BELLEVUE TO CENSE MOTION FOR RECONSIDERATION - 5