Here’s a summary of TCC Legal Issues (from the Petition) & the Remedy Sought from the Washington Supreme Court.

Issue 1: TCC had filed a Motion to Recuse and Disqualify the Administrative Law Judge Adam Torem. Judge Torem denied the request. We think his reasons were wrong.

TCC’s Requested Remedy: We are asking the Washington Supreme Court reverse his decision.  Any and all orders, rulings and decisions entered or authored by him should be vacated and stricken from the Agency Record and the Final Decision and Site Certification Agreement dated October 18, 2024 reversed.

Issue 2: EFSEC’s Failure to Comply with Benton County Conditional Use Criteria

TCC’s Requested Remedy:  Reverse and vacate EFSEC and the Governor’s Remand Order.

Issue 3: EFSEC and the Governor Failure to Use the Administrative Record

TCC’s Requested Remedy:  Reverse and vacate EFSEC and the Governor’s decision.

Issue 4: The Governor’s Failure to Include Findings and Conclusions.

TCC’s Requested Remedy:  Vacate and the Governor’s Remand Order and all other directed or guided by it.    

Issue 5:  Improper Denial of Evidence and Testimony Offered by TCC on the need for the project, grid reliability, and project performance and more.

TCC’s Requested Remedy:  Vacate and the Governor’s Remand Order and all other directed or guided by it.   

Issue 6. Failure to Incorporate SEPA into the Adjudication Proceedings The FEIS was published after the adjudication was declared over.

TCC’s Requested Remedy:  The Adjudication Order and Final SCA should be vacated and reversed.

Issue 7: EFSEC and the Governor Failed to Engage in the Balancing Analysis Required by Law.

TCC’s Requested Relief: The Remand Order should be vacated along with other orders that were directed or guided by it.

Issue 8. The Complete Dismissal of Visual and Esthetic Impacts is Not Supported by the Agency Record and is Contrary to EFSLA.

To quote the final Adjudicative order, the project will create “significant impacts that cannot be mitigated”.

TCC Requested Remedy: The Governor’s Remand Order should be vacated along with other orders that were directed or guided by it.

Issue 9. The Failure to Consider Project Alternatives Violates Both EFSLA and SEPA.

The failure of the applicant to include alternatives in its application and the failure of EFSEC to require consideration of alternatives in the environmental impact statements and decisions violates several Washington Laws and EFSEC own rules. It also fails to make common sense.

TCC Requested Remedy: Project approvals should be reversed and vacated, or in the alternative, remanded for full consideration of alternatives.

Issue 10. Failure of the SCA to Provide for Water Availability.

TCC, Benton County, and the Yakama Nation are fighting this failure to meet the requirements to have a valid documented source of water for the project.

TCC Requested Relief:  Approvals for the project should be reversed and vacated.

Issue 11. EFSEC and the Governor Failed to Protect Public Safety by Striking Expert Testimony Regarding Appropriate Buffer for Aerial Fire Fighting.

TCC Requested Relief: Approval of the project should be vacated and remanded with direction to include the stricken testimony in the administrative record.

Issue 12. Establishment of the “Pre-operational Technical Advisory Group” is Illegal. TCC, Benton County and the Yakama Nation all argue that there is no legally valid basis for the PTAG under Washington laws.

TCC’s Requested remedy: The PTAG provisions in the proposed SCA, should be eliminated from the proposed SCA because EFSEC and the Governor have engaged in an unlawful procedure under the law.