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FSEC Clark County land-use hearing: Friends of the Columbia Gorge asks to keep record open and flags draft application
Summary
At a Clark County land-use consistency hearing, Friends of the Columbia Gorge urged the council to extend the written-comment period, said the submitted application is labelled 'draft' and asked that Clark County appoint its statutory council representative; the administrative law judge said he will draft an order and the FSEC website shows the online comment system open until 11:59PM that night.
The Energy Facility Site Evaluation Council convened a land-use consistency hearing in Clark County as required by RCW 80.50.090 to consider whether the Cascade Renewable Transmission project is consistent with local land-use plans and zoning ordinances. Administrative Law Judge Courtney Beebe, who will draft findings and a proposed order for council consideration, presided over the portion of the hearing limited to land-use consistency.
Nathan Baker, senior staff attorney for Friends of the Columbia Gorge, spoke for roughly three minutes and raised three procedural concerns. Baker said the deadline for written public comment is “unclear at best” and asked the council to “keep the record open” and proposed keeping the record open for 30 days from Wednesday. He also noted the applicant’s submission repeatedly bears the label “draft” and argued FSEC should not have begun the process until a final application was filed. Lastly, Baker said Clark County had not appointed its required council appointee for the matter and asked that future hearings include that participant.
Brian Mattson of Clark County reminded the council that Clark County’s Shoreline Management Program is part of county zoning and that in-water uses may fall under county shoreline jurisdiction and Ecology oversight. In response to public concerns about access to the record, FSEC staff director Sonja Bumpus told attendees that the online comment system for the Clark County informational and land-use hearings opened at 5:30 p.m. and remained available “until 11:59 tonight.”
Judge Beebe noted he would consider procedural input but also explained that keeping the record open affects the timeline for him to draft an order to propose to the council. The chair said the council would consider the input and expected to provide clarifying information about public-comment timelines during the week. The hearing concluded and the judge will prepare a draft order and proposed findings on consistency and compliance for the council to review.
