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Watoma Solar pre‑hearing: exhibits admitted, four applicant witnesses cleared, short openings and one‑week post‑hearing briefs set
Summary
At a Sept. 20 pre‑hearing conference for Watoma Solar (docket 279466), an OAH judge admitted most applicant exhibits into the record, cleared four applicant witnesses to testify, allowed five‑minute opening/closing summaries for parties, and set a one‑week deadline for voluntary post‑hearing briefs.
SEPTEMBER 20, 2024 — An administrative law judge overseeing the Energy Facility Site Evaluation Council’s review of the Watoma Solar proposal admitted most of the applicant’s evidence and set a brief schedule for oral statements and post‑hearing filings ahead of next week’s hearing.
Administrative Law Judge Dan Gerard opened the recorded pre‑hearing conference and performed roll call for parties and observers, including representatives from the Energy Facility Site Evaluation Council (FSEC), Benton County, the Council for the Environment and Yakima Nation Fisheries. Gerard said the hearing will be held via Microsoft Teams and outlined the agenda for the day: exhibits, witness lists and other pre‑hearing matters.
Gerard announced that "applicants exhibit 2 through 6 and 8 through 12, 14 through 27 are admitted into the record," and instructed staff to upload the admitted documents for the council’s review. Applicant counsel Erin Anderson confirmed the applicant had submitted proposed exhibits numbered 1–27 but said she would not be submitting Laura O'Neil’s resume and reserved the right to introduce Exhibit 13 at the hearing if needed.
Anderson clarified the applicant will call four witnesses — Wally Jossard, Leslie McClain (identified by counsel as the expert), Robin Robert and Laura O'Neil — and the parties stated they had no objections. Judge Gerard allowed all four witnesses to testify at the hearing.
On procedure, Anderson told the judge she "is interested in the opportunity for a brief 5 minute opening statement" and asked for a brief summation at the close of evidence plus the ability to file a written post‑hearing memorandum. Gerard granted five‑minute opening statements for the applicant, Benton County and the Council for the Environment, allowed five‑minute summations at the close of the hearing, and set a one‑week turnaround for voluntary post‑hearing briefs; parties agreed to the schedule.
Benton County confirmed it would offer exhibits A–E and call two witnesses (George Witt and Michelle Mercer); the county’s exhibits and witnesses drew no objections from other parties. Counsel for the Council for the Environment confirmed it had not submitted an exhibit or witness list but remains a participating party of interest.
Gerard reminded participants that exhibits should be shared via Teams screen‑share only after receiving permission from the judge so that they can be properly entered into the record and not inadvertently shown before admission. FSEC staff said they had no further pre‑hearing issues and will coordinate final logistics with OAH staff.
Gerard said he will issue a written pre‑hearing conference order memorializing what was agreed and will ensure the uploaded exhibits are available to the council. The conference adjourned at 9:25 a.m.; the full hearing is scheduled for next week (Teams).
