POV_T5-2010

Port of Vancouver’s Terminal 5, where Vancouver Energy would be located if the project is approved by the Washington state Energy Facility Site Evaluation Council and Gov. Inslee

The Vancouver Energy project – a proposal for a 42-acre oil distribution terminal at the Port of Vancouver USA – is currently moving into a formal hearing process with the Energy Facility Site Evaluation Council. Known as an adjudicatory proceeding, this process is similar to a courtroom proceeding, where the council hears from official parties on multiple sides of the project. Parties can be agencies at any level of government, tribes, private groups, non-profits, or other parties with an interest in the project.

The adjudicatory proceeding allows the site applicant (Vancouver Energy) and parties on all sides of the project to present information to support their cases. The council uses testimony and exhibits provided during proceedings as the basis for its recommendation for project approval or disapproval to the governor.

Participation and intervention
There are two types of parties in the adjudicatory proceeding: participating parties and interveners. By law, all state agencies and local governments with members on the council are considered parties to the proceeding. However, even if they have members on the council, these agencies may choose not to participate as a party.

Interveners are interested parties without a member on the council that wish to provide testimony during adjudicative proceedings. Not every group that wants to intervene can do so. The council considers intervener petitions based on the project’s impact on the intervener’s interests.

The Port of Vancouver has a member on the council – former Port Director Larry Paulson – and so has filed as a participating party in the Vancouver Energy adjudicatory proceeding.

Full list of participating parties and interveners

Next steps
Once adjudicatory proceedings are complete, the council considers the information collected. The council then writes an administrative order containing its findings of fact, conclusions of law, and a recommendation to the governor.

The council may also issue a preliminary or draft administrative order, allowing parties to take exceptions to the findings. The council then reviews any exceptions and issues a final administrative order.

Once the council issues its final order, the governor has 60 days to consider the information and the council’s recommendation. The governor can take one of the following actions:

  • Approve the council’s recommendation
  • Reject the application
  • Direct the council to reconsider certain aspects of the project

The governor’s decision may be appealed to the Supreme Court.

The port’s participation
We are participating in this process to help ensure a fair and balanced examination of the facts surrounding Vancouver Energy and the Port of Vancouver. Safety has always been our number one priority, and from the day we began considering Vancouver Energy, we’ve said we only want to bring the project to the port if it can be constructed and operated safely.

Our role as a participating party is recognized in law, and through the adjudicative process we also want to help the council understand our mission and how it relates to this proposed project.

Through leadership, stewardship and partnership, the Port of Vancouver seeks to create valuable economic development, including family wage jobs. We continue to work diligently with our partners – cities, counties, ports, economic development organizations and other groups – to ensure Vancouver and Clark County remain relevant and competitive in the global economy. Examples of this work include enhancement of the Columbia River shipping channel, which allows larger ships to travel farther up the river, and development of the Vancouver waterfront to create new economic opportunities in our community’s core.

We seek to bring tenants to the port and community that represent a wide range of products so we have a solid economic base and diverse job opportunities. Through our testimony at the adjudicatory proceeding, we want to provide the council with information about these efforts and the important goals we share with our community.