FSEC to standardize public‑comment windows; two lawsuits filed challenging director‑delegation policy

Energy Facility Site Evaluation Council staff said Aug. 20 they will move to standardize how FSEC solicits public comment under the Open Public Meetings Act and notified the council that two lawsuits challenging a recent delegation policy have been filed. Director Sonia Bumpus said staff is working to standardize comment windows and expects to recommend a two‑week public‑comment period for most materials, with a one‑week minimum for routine administrative items. Staff also plans website changes, an online “e‑programmatic” tool for accessibility, and clearer guidance to applicants and the public about expectations for deliverable timing so staff and council have time to review comments before final action. Bumpus told the council the policy is still in development and that staff will provide more specifics to the council once details are nailed down. Council members welcomed the proposal and suggested written crosswalks and clearer materials for complex items. Separately, FSEC counsel John Thompson said two lawsuits have been filed challenging the council’s delegation of authority to the director on Policy 16‑01: one in Yakima County (filed by the Yakama Nation) and another in Clark County (filed by Tri Cities Cares and Friends of the Columbia Gorge). The complaints allege the delegation should have been adopted through formal rulemaking or that the council lacked authority to delegate some decisions; one complaint also raised the length of the OPMA comment period provided for that policy. Thompson said FSEC is consulting with legal counsel and intends to brief the council on options, possibly in executive session, at a future meeting.