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BP Cherry Point Cogeneration Project

Application No. 2002-01


The Adjudicative Proceedings were held in Bellingham, Washington From December 8, through December 11, 2003.

A hearing to receive public evidence and testimony on the Application of the proposed Project was held on Tuesday, December 9, 2003, in Blaine, WA.The Council also took comments on the proposed State Waste Discharge Permit, the 401 Certification and the proposed Prevention of Significant Deterioration/Notice of Construction air emissions permit at this hearing.

A Land-Use hearing was convened on December 9, 10 and 11, 2003, in Bellingham, WA.


  • 9/14/04: Special Meeting Scheduled for Sept 24, 2004 for Recommendation on BP Cherry Point
  • 7/12/04: Notice of Reconvened Land-Use and Adjudicative Hearings: July 26, 2004, 10:00 A.M., Seattle, Washington
  • 11/7/03: Notice of Beginning of Adjudicative proceeding, Public Hearing, and Draft Permits Issued for Public Comment
  • 9/5/03: Notice of Opportunity for Late Intervention - September 26, 2003
  • 6/9/03: Notice of Intent to Hold Prehearing Conference, Notice of Schedule for Submittal of Issues Lists
  • 4/28/03: Notice of Revisions Received to the BP Cherry Point Cogeneration Project Application for Site Certification - Application No. 2002-01
  • 10/23/02: Notice of Intent to Hold Prehearing Conference, Notice of Schedule for Responses to Petitions for Intervention
  • 9/18/02: Notice of Intent to Hold Adjudicative Proceeding, Notice of Opportunity to File Petitions for Intervention, Notice of Intent to Hold Prehearing Conference

Council Orders

  • Council Order No. 803 - Revised (Oct 26, 2004), Findings of Fact, Conclusions of Law, and Order Recommending Approval of Site Certification on Condition (43 pages)
  • Council Order 798 - Post Hearing Order No. 3: Order on Determination Made in Connection with the Land use Hearing Under RCW 80.50.090 (2), WAC 463-14-030, and WAC 463-26-110.
  • Council Order 797 - Post Hearing Order No. 2: Order on Amended Stipulation and Settlement Agreement Between Applicant and Whatcom County
  • 2/9/04: Post Hearing Order No. 1, Council Order No. 788: Order on Request by Applicant and Whatcom County to Delay Council Decision on Land Use Consistency and Postpone Posthearing Briefing Schedule
  • 1/27/04: Council Order No. 787 Prehearing Order No. 6 - Order on Amended Stipulation Between the Applicant and Counsel for the Environment
  • 12-18-03: Prehearing Order No.5, Council order No. 785: Fourth Prehearing Conference Order Regarding Withdrawal of the Province of British Columbia and Adjudicative Proceedings Schedule
  • 11/17/03: Council Order No. 784 - Prehearing Order No. 4, Third Prehearing Conference Order Receiving Proposed Settlement Agreement, Setting Hearing Dates, and Dealing Hearing Procedures and Proposed Permits
  • 10/13/03: Council order No. 780 - PREHEARING ORDER NO. 3: Order on Motion of the Washington Utilities and Transportation Commission to Withdraw Notice of Intent to Participate as a Party.
  • 7/28/03: Council Order No. 779, Prehearing Order No. 2: Second Prehearing Conference Order Finalizing Intervention Reviewing Stipulations and Agreements reviewing Issues and Disvovre Matters and Setting Hearing Date; Appendix A - Consolidated Issues List
  • 12/16/02: Prehearing Order No. 1; Council Order No. 773; Granting, on Condition, Petitions for Intervention; and Adopting Hearing Guidelines

Issue Lists:

Prefiled Testimony:

Applicant's Prefiled Testimony (9/19/03):

Exhibit 20.0 (MSM-T) Applicant’s Prefiled Direct Testimony – Mark S. Moore
Exhibit 20.1 (MSM-1): Figure 2.1-1 Cherry Point Cogeneration Project Location Map
Exhibit 20.2 (MSM-2): Figure 2.1-5 Plant Site Map

Exhibit 21.0 (MDT-T) Applicant’s Prefiled Direct Testimony – Michael D. Torpey
Exhibit 21.1 (MDT-1) Michael D. Torpey’s Credentials
Exhibit 21.2 (MDT-2) (not available electronically)
Exhibit 21.3 (MDT-3): Figure 2.1-4 Zoning Map
Exhibit 21.4 (MDT-4): Simplified Reuse Water Flow Diagram: A, B, C

Exhibit 22.0 (BRP-T) Applicant’s Prefiled Direct Testimony – Brian R. Phillips
Exhibit 22.1 (BRP-1)
Exhibit 22.2 (BRP-2)
Exhibit 22.3 (BRP-3)

Exhibit 23.0 (WDM-T) Applicant’s Prefiled Direct Testimony – W. David Montgomery, Ph.D.
Exhibit 23.1 (WDM-1) W. David Montgomery, Ph.D. Credentials
Exhibit 23.2 (WDM-2) Benefits of CHP relative to a Combined Cycle
Exhibit 23.3 (WDM-3) Capacity and Heat Rates of Electric Generators in Washington and Oregon
Exhibit 23.4 (WDM-4) Benefits of CHP relative to Avg PNW Generator

Exhibit 24.0 (DMH-T) Applicant’s Prefiled Direct Testimony – David M. Hessler, P.E.
Exhibit 24.1 (DMH-1) Summary of Noise Modeling Methodology and Results
Exhibit 24.2 (DMH-2) Aerial Photograph of Site Vicinity Showing Noise Level
Exhibit 24.3 (DMH-3) Aerial Photograph of Site Vicinity Additional Noise
Exhibit 24.4 A (DMH-4),
Exhibit 24.4 B (DMH-4) Additional Noise Monitoring Results
Exhibit 24.5 (DMH-5) Gas Turbine Installation Sound Emissions

Exhibit 25.0 (TRA-T) Applicant’s Prefiled Direct Testimony – Thomas R. Anderson

Exhibit 26.0 (WPM-T) Applicant’s Prefiled Direct Testimony – William P. Martin
Exhibit 26.1 (WPM-1) William P. Martin Credentials
Exhibit 26.2 (WPM-2) Table 3.3-3 Wastewater Flows and Chemical Composition
Exhibit 26.3 (WPM-3) Table 3.3-4 Potential Impact of Proposed Cogeneration Project

Exhibit 27.0 (MAK-T) Applicant’s Prefiled Direct Testimony – Michael A. Kyte
Exhibit 27.1 (MAK-1) Michael A. Kyte Credentials

Exhibit 28.0 (ADE-T) Applicant’s Prefiled Direct Testimony – A. David Every, Ph.D.
Exhibit 28.1 (ADE-1) A. David Every, Ph.D. Credentials
Exhibit 28.2 (ADE-2) Figure 2 Impacted Wetlands and Restoration Areas
Exhibit 28.3 (ADE-3) Figure 1 Site Vicinity Map
Exhibit 28.4 (ADE-4) Figure 6A Existing Surface and Subsurface (Interflow)
Exhibit 28.5 (ADE-5) Figure 6B Existing Mitigation Surface and Subsurface (Interflow)
Exhibit 28.6 (ADE-6) Addendum: Changes to Revised Cogeneration Project;
28.6(ADE-6)Fig 3,
28.6(ADE-6) Fig 10B;
28.6(ADE-6) Fig 11B; 28.6(ADE-6)Fig 9A; 28.6(ADE-6) Fig 9B; 28.6(ADE-6) Fig 9C; 28.6(ADE-6) Fig 9D

Exhibit 29.0 (JWL-T) Applicant’s Prefiled Direct Testimony – James W. Litchfield
Exhibit 29.1 (JWL-1) James W. Litchfield Credentials

Whatcom County's Prefiled Testimony

Exhibit 40.0: Bill Elfo

Exhibit 41.0: Neil Clement

Exhibit 42.0: Dr. Kate Stenberg
Exhibit 42.1: Resume of Dr. Kate Stenberg

Exhibit 43.0: Douglas Goldthorp

Exhibit 44.0: Hal Hart

Exhibit 45.0: Paul Wierzba, Ph.D., P.Eng.

Exhibit 45.3: Wind and Environmental Conditions in the Area

Exhibit 45.4: Approximate Spectral Frequency Distribution of a Heron Call

Exhibit 45.5: Background Sound Levels of the Area

Exhibit 46.0: Rodney Vandersypen

Exhibit 47.0: Kraig Olason

Exhibit 48.0: Jane Koenig, Ph.D.

The following Whatcom County exhibits are not available in electronic format. please contact the EFSEC office at (360) 664-1345 to obtain a copy.

Exhibit 48.1: Curriculum Vitae, Jane Q. Koenig, Ph.D.

Exhibit 48.2: Bibliography, Jane Q Koenig, Ph.D.

Exhibit 48.3: Pulmonary Function Changes in children Associated with Fine Particulate Matter

Exhibit 48.4: Particulate Air Pollution and Hospital Emergency Room Visits for Asthma in Seattle

Exhibit 48.5: Effects of Ambient Air Pollution on Nonelderly Asthma Hospital Admissions in Seattle, Washington 1987-1994

Exhibit 48.6: An Association between Fine Particles and Asthma Emergency Department Visits for Children in Seattle.

Exhibit 48.7: Measurement if Offline Exhaled Nitric Oxide in a Study of Community Exposure to Air Pollution

Applicant's Prefiled Rebuttal Testimony

Exhibit 20.0 R: Applicant's Prefiled Rebuttal Testimony: Mark S. Moore

Exhibit 21.0 R: Applicant's Prefiled Rebuttal Testimony: Michael D. Torpey

Exhibit 22.0 R: Applicant's Prefiled Rebuttal Testimony: Brian R. Phillips

Exhibit 24.0 R: Applicant's Prefiled Rebuttal Testimony: David M. Hessler

Exhibit 24.1 R: Wind Speed and Direction During Oct 28 to Nov 5 Background Sound Level Survey

Exhibit 24.2 R: Aerial Photograph of Site vicinity Showing Noise level Monitoring Locations (in Yellow) at nearest Sensitive Receptors (Survey April 8-1,. 2003)

Exhibit 24.3 R: Ambient Sound level Data, L90(15 min). Compared to Wind Speed and Direction During April Survey

Exhibit 24.4 R: Seasonal Wind Roses for Cherry Point Refinery

Exhibit 24.5 R: Typical GE 7FA Load Compartment

Exhibit 24.6 R: Example 3x3x1 GE 7FA Plant

Exhibit 24.7 R: Example 2x1x1s1 GE 7FA Plant

Exhibit 27.0 R: Applicant's Prefiled Rebuttal Testimony: Michael A. Kyte

Exhibit 28.0 R: Applicant's Prefiled Rebuttal Testimony: A. David Every

Exhibit 30.0 R: Applicant's Prefiled Rebuttal Testimony: Donald Davies PhD

Exhibit 31.0 R: Applicant's Prefiled Rebuttal Testimony: Ann M. Eissinger

Exhibit 31.1 R: Curriculum Vitae Ann M. Eissinger

Exhibit 31.2 R: Great Blue Heron Habitat and Concentration Areas Map A

Exhibit 31.3 R: Great Blue Heron Habitat and Concentration Areas Map B

Exhibit 31.4 R: Great Blue Heron Habitat and Concentration Areas Map C

Exhibit 32.0 R: Applicant's Prefiled Rebuttal Testimony: Sanjeev R. Malushte PhD

Exhibit 33.0 R: Applicant's Prefiled Rebuttal Testimony: Dennis R. Bays

Exhibit 34.0 R: Applicant's Prefiled Rebuttal Testimony: David H. Enger

Exhibit 34.1 R: Map of Proposed Delta Line Road Realignment

Service List:

Hearing Transcripts

Official Transcripts of Public Comment and Adjudicative Hearings are available for viewing during business hours (8-5, excluding weekends and holidays) at the EFSEC office, 1300 S. Evergreen Park Drive S.W. Olympia, WA 98504-7250.

Please note that copies of the transcripts can not be made available due to copyright restrictions. However, transcripts may be purchased directly from Flygare and Associates, 1-800-574-0414,


Settlement Agreements

Settlement with Counsel for the Environment

Settlement with Whatcom County

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BP Project - Application
Environmental Impact Statement page

For information or questions concerning this application please contact:

Energy Facility Site Evaluation Council
1300 S. Evergreen Park Drive S.W.
PO Box 47250
Olympia, WA 98504-7250

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