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FSEC can impose mitigation; presenters advise local governments to engage through hearings and comments
Summary
At a joint Ecology–FSEC workshop, FSEC staff said the council can impose mitigation measures during SEPA review and after through adjudication hearings, and recommended that local governments participate as co‑lead or coordinating agencies, join adjudication processes and submit public comments to ensure local concerns are addressed.
A question from the audience at a joint Ecology and Energy Facility Site Evaluation Council (FSEC) training prompted detailed guidance on the roles local governments can play when FSEC is the lead agency for an energy facility review.
When asked whether local governments still have avenues to ensure local concerns are addressed if FSEC is the lead, Sean Green of FSEC said, "FSEC can impose any mitigation, any mitigation that it deems necessary at any point in the preparation of the SEPA review." He added that the Council also has authority after the SEPA review to impose additional mitigation measures through adjudication hearings or based on Council determinations of comments received.
Green outlined practical options for local governments: participate as a coordinating agency, seek co‑lead status, be consulted during project review, participate in land‑use consistency hearings and engage in the adjudication process. He also noted that, in some cases—such as very high‑voltage transmission lines that cross multiple jurisdictions—state rule requires the facility to go through FSEC site review.
Presenters said counties with fewer than 18,000 residents may request that a state agency take lead-agency responsibility. Green urged local governments to respond to FSEC outreach, fully participate in adjudication hearings and submit comments during public comment periods so concerns can be incorporated into final decisions.
The workshop emphasized that while FSEC has broad authority under its rules, staff and council members read public comments and seek to incorporate local input where appropriate; attendees were advised to use the PEIS resources and planning worksheets to document issues and recommended mitigation early in the process.
