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Project No. 12692-000
`
`UNITED STATES OF AMERICA
`FEDERAL ENERGY REGULATORY COMMISSION
`SAN JUAN CHANNEL TIDAL
`ENERGY PROJECT – PUBLIC
`UTILITY DISTRICT NO. 1 OF
`SNOHOMISH COUNTY,
`WASHINGTON
`WASHINGTON STATE PARKS AND RECREATION COMMISSION’S
`MOTION TO INTERVENE
`Pursuant to Rules 212 and 214 of the Federal Energy Regulatory
`Commission’s (FERC or Commission) Rules of Practice and Procedure,
`18 C.F.R. §§ 385.212, .214, the Washington State Parks and Recreation
`Commission (State Parks), hereby moves to intervene in the above-
`captioned proceedings. The grounds for this motion are:
`I.
`The names and addresses of the legal counsel and staff contacts
`for State Parks are listed below. Copies of all orders, notices,
`pleadings, and correspondence related to this proceeding should be
`directed to:
`
`Karolyn R. Klohe, Assistant Attorney General
`Office of the Attorney General
`Fish, Wildlife and Parks Division
`1125 Washington Street S.E.
`Post Office Box 40100
`Olympia, Washington 98504-0100
`
`SAN JUAN CHANNEL TIDAL ENERGY
`PROJECT – PUBLIC UTILITY
`DISTRICT NO. 1 OF SNOHOMISH
`COUNTY, WASHINGTON
`
`1
`
`ATTORNEY GENERAL OF WASHINGTON
`1125 Washington Street SE
`PO Box 40100
`Olympia, WA 98504-0100
`(360) 753-6200
`
`

`

`Email: KarolynK@atg.wa.gov
`
`and to:
`
`Terry Doran, Northwest Region Manager
`Washington State Parks and Recreation Commission
`220 North Walnut Street
`Burlington, Washington 98233
`
`Email: Terry.Doran@parks.wa.gov
`
`II.
`State Parks is an agency of the State of Washington charged with the
`
`responsibility of administering the state’s park system. This responsibility includes the
`
`care, charge, control, and supervision of all parks and parkways acquired or set aside by
`
`the state for park or parkway purposes; the adoption, issuance, and enforcement of rules
`
`pertaining to the use, care, and administration of state parks and parkways; and
`
`permitting the use of state parks and parkways by the public. RCW 79A.05.030. State
`
`Parks is also the lead agency for the establishment of underwater parks in state waters.
`
`RCW 79A.05.355. In addition, State Parks is charged with administering the state’s
`
`water trail recreation program. RCW 79A.05.380. Moreover, State Parks is authorized to
`
`cooperate with state and federal agencies in the promotion of parks and recreational
`
`opportunities, and to cooperate with the United States in any matter pertaining to the
`
`acquisition, development, redevelopment, renovation, care, control, or supervision of any
`
`park or parkway. RCW 79A.05.055, .030.
`Pursuant to these statutory authorizations, State Parks brings
`this motion to intervene.
`
`SAN JUAN CHANNEL TIDAL ENERGY
`PROJECT – PUBLIC UTILITY
`DISTRICT NO. 1 OF SNOHOMISH
`COUNTY, WASHINGTON
`
`2
`
`ATTORNEY GENERAL OF WASHINGTON
`1125 Washington Street SE
`PO Box 40100
`Olympia, WA 98504-0100
`(360) 753-6200
`
`

`

`III.
`
`State Parks is a state agency which is authorized to provide recommendations to
`
`the Commission for inclusion in any new license. Federal Power Act, 16 U.S.C. §
`
`803(a). Moreover, in making its decision to issue a new license, the Commission is
`
`required to consider the protection of recreational opportunities. 16 U.S.C. § 797(e).
`
`IV.
`
`Public Utility District No. 1 of Snohomish County, Washington filed a
`
`Preliminary Permit Application pursuant to Federal Power Act, 16 U.S.C. §§ 791(a) –
`
`825(r), for the project known as the San Juan Channel Tidal Energy Project.
`
`V.
`
`The proposed San Juan Channel Tidal Energy Project would be located in San
`
`Juan Channel in the San Juan Islands in San Juan County, Washington. The proposed
`
`San Juan Channel Tidal Energy Project would consist of: (1) 116 Tidal In Stream Energy
`
`Conversion (TISEC) devices consisting of, (2) rotating propeller blades 20 meters in
`
`diameter, (3) integrated generators with a capacity of 46 kW, (4) anchoring systems, (5)
`
`mooring lines, and (6) interconnection transmission lines. The project is estimated to
`
`have an annual generation of 33.27 gigawatt-hours per-year, which would be distributed
`
`by the Snohomish County Public Utility District.
`
`The proposed project area provides and encompasses a wide range of recreational
`
`opportunities and resources, including many in which State Parks is actively involved.
`
`For example, there are two moorage locations managed by State Parks for recreational
`
`use (Turn Island and Jones Island) that are located within San Juan Passage. State Parks
`
`also provides camping facilities at Jones Island, which is a designated campsite for the
`
`Cascadia Marine Trail. In addition, State Parks has a number of other properties within
`
`SAN JUAN CHANNEL TIDAL ENERGY
`PROJECT – PUBLIC UTILITY
`DISTRICT NO. 1 OF SNOHOMISH
`COUNTY, WASHINGTON
`
`3
`
`ATTORNEY GENERAL OF WASHINGTON
`1125 Washington Street SE
`PO Box 40100
`Olympia, WA 98504-0100
`(360) 753-6200
`
`

`

`the San Juan Islands, including Lime Kiln Point State Park on San Juan Island, which it
`administers for recreational use. The preliminary permit application submitted by Public
`Utility District No. 1 of Snohomish County, Washington raises significant
`issues of park and recreational interest which come within the jurisdiction of State Parks.
`
`VI.
`For the above reasons, State Parks has a significant interest
`which may be directly affected by the outcome of these proceedings,
`and this interest is not adequately represented by existing parties. The
`participation of State Parks in these proceedings is in the public
`interest.
`
`VII.
`THEREFORE, in order that these proceedings be fully developed
`in accordance with the applicable law and that the Commission have
`before it all the material facts relating to these projects, the
`Commission should grant the State Parks intervenor status.
`As a party in the above-entitled proceedings, State Parks
`requests the right to have notice of and appear at any and all hearings
`or proceedings, to produce evidence and cross-examine witnesses, to
`be heard through counsel in written and oral argument, to be served
`with copies of all pleadings, applications, and notices, and for any
`other such participation and relief as may be appropriate.
`RESPECTFULLY SUBMITTED this 16th day of August, 2006.
`ROB MCKENNA
`Attorney General
`
`SAN JUAN CHANNEL TIDAL ENERGY
`PROJECT – PUBLIC UTILITY
`DISTRICT NO. 1 OF SNOHOMISH
`COUNTY, WASHINGTON
`
`4
`
`ATTORNEY GENERAL OF WASHINGTON
`1125 Washington Street SE
`PO Box 40100
`Olympia, WA 98504-0100
`(360) 753-6200
`
`

`

`Recreation
`
`______s/Karolyn R. Klohe_________________________
`KAROLYN R. KLOHE, WSBA No. 34219
`Assistant Attorney General
`Attorneys for Washington State Parks and
`Commission
`(360) 586-4034
`
`PROOF OF SERVICE
`I hereby certify that on the 16th day of August, 2006, I served copies of this
`
`document on all parties or their counsel of record as set forth in the official service list, in
`
`accordance with the rules of the Federal Energy Regulatory Commission, as follows:
`
` United States Mail Postage Prepaid via Consolidated Mail Service, E-mail, or
`
`State Campus Delivery
`
`I certify under penalty of perjury under the laws of the State of Washington that
`
`the foregoing is true and correct.
`
`DATED this 16th day of August, 2006, at Olympia, Washington.
`
`___s/Dominique Starnes_________
` Dominique Starnes
` Legal Assistant
`
`SAN JUAN CHANNEL TIDAL ENERGY
`PROJECT – PUBLIC UTILITY
`DISTRICT NO. 1 OF SNOHOMISH
`COUNTY, WASHINGTON
`
`5
`
`ATTORNEY GENERAL OF WASHINGTON
`1125 Washington Street SE
`PO Box 40100
`Olympia, WA 98504-0100
`(360) 753-6200
`
`

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