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FSEC notes judicial petitions over delegation policy; staff to post editorial changes Oct. 27
Summary
The Yakama Nation and two public groups filed petitions for judicial review after FSEC adopted a delegation of authority policy in June; staff told the council they will propose clarifying edits to the policy and post a tracked-changes version on Oct. 27 for two weeks of public comment before the Nov. 19 meeting
FSEC staff told the council Oct. 15 that litigation has been filed challenging the agency’s delegation of authority policy (Policy 16‑01), which the council approved June 25.
Staff said the Yakama Nation filed a petition for judicial review in Yakima County Superior Court and that Friends of the Columbia Gorge and Tri‑City CARES filed a petition in Clark County Superior Court. In response, staff plan to prepare clarifying edits to Policy 16‑01 to increase transparency about FSEC’s practices around pre‑construction and pre‑operation plan reviews.
Staff intends to post a tracked‑changes version of the proposed edits on Oct. 27 for a two‑week public comment period and to return the material to the council at the Nov. 19 meeting. Staff framed the edits as clarifications of existing practices; council members had no additional comments at the Oct. 15 meeting.
The litigation filings were described as active; staff did not describe any immediate change in delegated practices while the policy revision and comment process proceed.
