The Newport Miner the voice of pend oreille county since 1901
Wednesday, OCTOBER 4, 2017
www.pendoreillerivervalley.com
Volume 115, Number 36 | 2 Sections, 20 Pages $1.00
It’s a go, HiTest to start permitting for silicon smelter By Don Gronning Of The Miner
NEWPORT – HiTest Sands has made a decision. After a process that started in 2015, HiTest Sands, Inc., has selected an area south of Newport as the site of a $325 million silicon smelter. HiTest President Jayson Tymko showed a power point presentation that outlined the silicon industry and HiTest Sands proposal during a series of public meetings in Newport on Monday, Oct. 2. Starting at the county, Tymko said the reason he had been so slow to decide on a site and announce it was because he didn’t want to create false expectations. Now that the company has selected a site, he’s ready to start the process. The plan is to build a $325 million silicon smelter that would employ about 150 people at an average annual wage of about $70,000 for hourly workers and significantly higher for salaried workers. Tymko said there would be about 120 hourly jobs and 20-30 salaried positions. In addition there would be as many as 750 indirect jobs, including about 400 people employed for the construction. The plan is to start the permitting process now and to have the plant up for a test run by Sept. 20, 2019. People who attended the county See Hi test, 2A
Miner photo|Don Gronning
HiTest Sands President Jayson Tymko announced that HiTest will start the permit process for HiTest Silicon, a silicon producing plant planned in Pend Oreille County, just south of Newport.
West Bonner School board OKs float riding High school principal wanted to limit By Don Gronning Of The Miner
PRIEST RIVER – The West Bonner School District Board of Trustees voted 4-0 in a special meeting Tuesday, Sept. 26 to allow students to ride on homecoming floats. In doing so, they overrode Priest River Lamanna High School Principal Joe Kren’s decision to limit float riders to homecoming royalty, band members and athletes. Kren said he saw students jumping on and off floats at last year’s parade, despite being instructed not to. He saw that as unsafe and decided at the first of the school year to limit students who ride the floats. A week earlier students and parents had attended a board meeting to express their displeasure with Kren’s decision. The board set the special meeting to decide if they would
Deputy identified in Coolin shooting COOLIN, ID – The Bonner County Sheriff’s Deputy that shot and killed a Coolin man, Craig Johnson, on Tuesday, Sept. 26 has been identified as Sergeant Shawn Deem. Deem has been with Bonner County Sheriff’s Office for eight and a half years. The shooting was the result of a welfare check that took a tragic turn two days later when the subject brandished a firearm at police. According to a press release from the Idaho State Patrol (ISP), on Sunday night, Sept. 24,
permit students to ride on floats. In the public comment part of the meeting, parent Amanda Grisham told the board that she didn’t see anything unsafe at last year’s parade. She said teachers rode on the float. PRLHS junior Gabby Hagman proposed that the floats have 42-inch railings and undergo a safety check before the parade starts. Kren said he was there to answer questions and didn’t have a comment. Comments were closed and trustee Samuel “Ranger Rick” Hall opened the discussion. “I can’t see kids being held back because somebody did something wrong last year,” he said. “Did we take action against the kids last year?” He wanted the students to be able to ride the floats. He joked that he carries a taser and would use it on float jumpers. Trustee Margaret Hall asked Kren what he saw last year.
Robin Johnson, the wife of Craig Johnson, called the Bonner County Sheriff’s office and requested a deputy travel to their residence in Coolin for a welfare check on her husband. Mrs. Johnson said she had been trying to contact him and he was not returning her phone calls. She was worried and requested law enforcement contact him to make sure he was okay. At approximately 11:54 p.m., deputy Gary See coolin, 2A
Fire District 2 hires new chief By Don Gronning Of The Miner
IONE – Fire District 2, which serves the north county, has hired a new fire chief/paramedic. The district hired Chris Haynes, 51. There were four candidates for the position. Fire District 2 Commissioners Donna Mitchell and Pete Smoldon voted for the hire and Frank Mundy voted against it. Haynes was offered the job the day after the vote.
See float, 9A
Saturday, Sept. 30, commissioners held a special meeting to finalize Haynes’ salary. Commissioners voted 2-1 to approve Haynes salary of $49,000 annually, with Mundy Haynes voting no. Fire District 2 has a 2017 budget of $239,096, according to the county Auditor. Haynes was lead paramedic for AMR, the ambulance
company that served Newport for a while. “My primary goal is getting advanced life support services back,” he said. He has been in contact with Fire Chief Mike Nokes of South Pend Oreille Fire and Rescue to help facilitate that. Fire District 2’s Drug Enforcement Administration license expired in May. Some resignations came following Haynes hiring. Robyn Turcotte - EMT/ See district, 2A
B r i e f ly Exbabylon enters IT talks with Priest River PRIEST RIVER – Information Technology (IT) and how it relates to the city were some of the topics discussed at the Monday, Oct. 2, Priest River city council meeting. Alex Stanton, owner of Exbabylon, attended the meeting to discuss services for the city. Councilman Greg Edwards made a motion to approve the Master Services Agreement with Exbabylon for site survey and IT review services at all city locations, for no charge. The council unanimously approved. Stanton also presented the updated IT support quote.
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After a lengthy discussion, the item was tabled for the preparation of a service agreement to be presented at the next council meeting.
‘Clockwork’ opens next Friday SACHEEN LAKE – Mystery returns to Circle Moon Theatre with the performance of Clockwork, a frantic comedy mystery by Pat Cook and presented by Northwoods Performing Arts. “The show is a complete night of murder, mayhem, and outrageous laughter,” said Alice Booth of Northwoods
Performing Arts. Clockwork is scheduled on Oct. 6-7, 13-14, and 20-21. Tickets are $25 per person for dinner and show, or $12 for the show only. Seniors and children’s tickets are $10. Dining service begins at 6:30 p.m. and the curtain opens at 7:30 p.m. For tickets and reservations call 208-448-1294 or go to NorthwoodsPerformingArts.com and at Seeber’s Pharmacy in Newport. Circle Moon Theater is located on Highway 211, 3-1/2 miles north of Highway 2.
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| OCTOBER 4, 2017
The Newport Miner Serving Pend Oreille County, WA
Michelle Nedved Publisher
Jeanne Guscott Office Manager
Natalie Babcock Assistant Office Manager
Micki Brass Advertising Manager
J. Lindsay Guscott Advertising Sales
Cindy Boober Advertising Sales
Don Gronning News Editor
Sophia Aldous Reporter
J. Louis Mullen Owner
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Lifestyle Page.......................Friday 12 Noon General News ................Monday 12 Noon Display Advertising............Monday 5 p.m. Classified Advertising............. Monday Noon Hot Box Advertising.............Tuesday Noon Legal Notices........................ Monday Noon BUSINESS HOURS 8:30 a.m.-5:15 p.m. Monday-Friday 421 S. Spokane Ave., Newport, WA. Yearly subscription rates Pend Oreille County, WA..........$26.75 West Bonner County and Spirit Lake, Idaho...............$26.75 Out-of-County & Elk...................$36.25 Single Copy...................................... $1.00
POSTMASTER: Send address changes to Newport Miner, 421 S. Spokane Ave., Newport, WA. 99156. Telephone: 509-447-2433 E-mail: minersubscriptions @povn.com
Published weekly by Newport Miner, Inc., 421 S. Spokane Ave, Newport, WA. 99156. Periodical Postage paid at Newport, WA.; USPS No. 384400. LETTERS POLICY
We welcome letters to the editor. Letters should be typed and submitted to The Miner and Gem State Miner office no later than 5 p.m. Friday for publication the following Wednesday. No letter will be published unless it is signed by at least one individual, even if the letter represents the view of a group. The letter must include a telephone number and address for confirmation of authenticity. Letters should be no longer than 300 words. The Miner reserves the right to edit to conform to our publication style, policy and libel laws. Political letters will not be published the last issue prior an election. Letters will be printed as space allows. how to contact us
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From Page 1
Madden responded to their Coolin residence for the welfare check. Craig Johnson immediately confronted the deputy by pointing a handgun at him and threatening him. The deputy sought cover behind his vehicle until he was able to safely retreat and leave the property. According to Bonner County dispatch logs sent to The Miner Newspapers, from the time Madden arrived at the Johnson residence to the time he left, the encounter was four minutes long. A $30,000 felony warrant for aggravated assault on a law enforcement officer was subsequently issued for Johnson’s arrest, leading to the deadly incident two days later. The Bonner County Sheriff’s Office conducted the service of the warrant on Tuesday morning, Sept. 26. During negotiations with Johnson via telephone and a police vehicle public address
system, Johnson exited his residence with a loaded handgun and confronted deputies by pointing a handgun at them. Deem then shot him. Deputies at the scene immediately rendered first aid to Johnson. By standard operating procedure, an ambulance had been staged nearby and it responded to the scene, arriving within a few minutes. Johnson was transported by ambulance to a life flight landing zone, but died en route to the landing zone. According to a story in The Spokesman-Review, last Thursday prosecutors dismissed the aggravated assault charge that was filed against Johnson. The deputies involved were not injured. They have been placed on paid administrative leave, per standard protocol, pending the North Idaho Critical Incident Task Force investigation’s outcome.
Haynes has been living in Usk. He plans to move to the district. He has been married to his wife, Nickey, for 34 years. She works as a respiratory therapist for Bonner General Hospital in Sandpoint. They have two grown children. Haynes last day with AMR is Oct. 12.
From Page 1
Medical Officer for the district, resigned at the Tuesday meeting. The next day Frank Lynch, an EMT, and Shawn Owens, Lt. for the Station 23, the Tiger station, also resigned. Calls for comment to commissioners Mitchell and Smoldon were not returned.
By the numbers
Here are some numbers that apply to the HiTest Silicon operation. The numbers assume that it will be built and operated around the clock. 60 tons of silicon produced annually $3,000 a ton current price for silicon 8,000 gallons of water used daily to cool and prevent dust 150 workers to operate the plant $70,000 average annual salary for hourly workers $300,000 state grant awarded HiTest for work on the project $20 million invested by HiTest so far $325 million projected cost to construct the plant 50-80 years expected life of plant 105 megawatts of electricity used annually when the smelter is running
hi test: consumed leave the smelter as a saleable product. Local officials expressed support for the project. Pend Oreille County Commissioner Steve Kiss said that this project would have economic benefits throughout the region. “We look forward to working with our regional partners in Bonner, Stevens, Kootenai, and Spokane County to maximize the benefits from this unique opportunity,” Kiss said in a HiTest press release. “We need a diverse economic base that will support young families and give us a more sustainable future,” said Karen Skoog, Pend Oreille County Commission chairwoman in the same press release. “I believe our community’s commitment to a rural way of life and the environment will make additional development reasonable and low impact.” Colin Willenbrock, PUD general manager, said the next step is to work out a formal request for power service at the site. “Now that HiTest has officially purchased property in the County, we will work with them on a formal request for service at the site and the execution of a collateral agreement to fund the necessary engineering analysis for power delivery,” Willenbrock said. He said the analysis is a multi-party process involving PUD staff, neighboring Avista and the Bonneville Power Administration. The PUD will also need to begin negotiating a long-term power supply agreement with sufficient financial security, Willenbrock said. “Economic development projects of this scale generally start with the PUD,” Willenbrock said in the HiTest news release. “Our Commissioners and highly qualified staff take a lot of pride in helping any new customer.” Gregg Dohrn, Pend Oreille County’s HiTest Project Manager, said that in the discussions leading up to this announcement they have identified the state and local
From Page 1
presentations peppered the HiTest officials with questions about water, light and noise, among other things. Pend Oreille County Commissioner Mike Manus said some of the same people who asked questions at the county meeting appeared to have fewer concerns at the PUD meeting. “I saw a difference between the first meeting and the second,” Manus said when he and HiTest executives stopped by The Miner Tuesday. The HiTest facility will use about 8,000 gallons of water a day, considerably more than the 300 gallons a day The Miner originally reported. Jim May, HiTest chief operating officer, said that the misunderstanding was likely because that is how much water will be discharged, not used. The discharged water would mostly be water used by employees during the course of a day. The 8,000 gallons of water is used in the cooling process and to keep dust down and wood piles wet. Some 6,000 gallons would be used for dust suppression and wood chip saturation. About 2,000 gallons a day would be used for furnace evaporation, according to the power point presentation. The company is still evaluating where the water will come from. It could be Newport city water. In the smelting process, wood chips and a clean, metallurgical coal are combined with high purity hard rock quartz and heated in a submerged arc furnace to a temperature of 3,000 degrees Fahrenheit. The coal and woodchips don’t burn, they vaporize, Tymko said. The product is cooled in a closed loop system, leading to far less water use than a similar plant in Mississippi. There are no heavy metals or hazardous chemicals used in the production process, nor does the process produce any, company official said. All materials required during the production process and
permits and approvals that must be obtained before construction can begin. Dohrn said the county would now determine more specifically what information must be submitted and when the opportunities for public review and comment will occur. He estimates the application and review process could take at least a year. Construction would require two more years. John Carlson, vice president of HiTest, said they plan to be part of the community for a long time. Part of the reason they have taken so long to begin specific discussions with the community about their plans was so they could complete studies to ensure the project’s economic feasibility. “We intend on having many public consultations and open houses to discuss our plans and listen to the residents’ feedback,” Carlson said in the news release. “We have completed preliminary layouts, and are now proceeding with validating these plans with recently completed geotechnical, access road and environmental studies.” The basic requirements will include compliance with the Washington State Environmental Policy Act (SEPA), Dohrn said. In addition, the Washington State Department of Ecology will require an extensive assessment of the emissions from the facility. This is to determine whether the facility can meet the national air quality standards of the Clean Air Act. Carlson said they are currently running dispersion models up to 350 miles from their site and are within the Washington State air emissions standards. They have studied the wind data over the past three years. The studies also analyze visibility of dispersion. Pend Oreille County will require a conditional use permit for the development of the site as well as building permits. HiTest purchased the undeveloped 192 acres from the Pend Oreille Public Utility
District who had purchased most of the property in anticipation of building a gas powered electrical generating facility back in the 1980s. The site includes a 13-acre parcel that the County sold to the PUD so that the property could be marketed together. These county permits will assess how materials will be shipped in and out of the site, how employees will travel, and how services like sewer and water will be provided. They will also ensure that appropriate measures have been taken so that there is no threat to ground or surface waters. The county will have a seven person executive committee consisting of a representative from the PUD, Bob Shanklin of the Port of Pend Oreille, Manus from Pend Oreille County, Newport Mayor Shirley Sands, Bonner County commissioner Jeff Connolly, a representative from the Kalispel Tribe and Ray Pierre of the Pend Oreille County Economic Development Council. There are no member from the public on the executive team. The Commissioners have also established a staff coordinating committee to ensure that the staff from all of the local agencies that may be directly or indirectly involved are working closely together. This coordination is focused not only on permitting but also to make sure that the community will take full advantage of the economic development opportunities. This will include specific workgroups to address such topics as housing needs and opportunities, workforce development, and contracting opportunities. County commissioners plan to take a weeklong trip to Mississippi to see how the silicon plant there is working. The date hasn’t been set yet. The EDC will post the power point presentation and other information about HiTest on their site at www.pocedc.org. The HiTest information will be in the “Projects” section at the top of the page.
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The Newport Miner the voice of pend oreille county since 1901
Wednesday, DECEMBER 6, 2017
www.pendoreillerivervalley.com
Volume 115, Number 45 | 2 Sections, 24 Pages $1.00
Smelter opponents grill HiTest officials By Don Gronning Of The Miner
NEWPORT – Opponents of the proposed HiTest silicon smelter turned out to ask questions of smelter officials during a well attended public meeting held Wednesday, Nov. 30, at Newport High School. The meeting, originally scheduled for the middle school was moved to the high school. The high school gym’s capacity is 1,200 and it was nearly full. The questions came after a presentation by HiTest, in which company officials attempted give an overview and to address some concerns they have heard about the smelter. State officials from the Department of Ecology, the Department of Health and the Department of Commerce also gave presentations. One of the more powerful questions came from Josephine M. Maesner, who said she was deathly allergic to many things, See hitest, 2A
Miner photo|Don Gronning
Bill Ellis of the Citizens Against the Newport Silicon Smelter asks a question at Wednesday night’s meeting at Newport High School. Ellis asked how HiTest could claim to reduce greenhouse gasses. HiTest answered that it was reduced over the life of the product.
Newport council to hire interim police chief By Don Gronning Of The Miner
NEWPORT – The city of Newport is advertising for an interim police chief, Mayor Shirley Sands said during the regular council meeting Monday night. “We had talked to the (Kalispel) Tribe and that looked promising,” Sands said. But after meeting with tribal officials, they learned that the tribe’s own police department was understaffed and
they wouldn’t be able to contract with Newport. Newport had rejected Pend Oreille County Sheriff Alan Botzheim’s nearly doubling of what he would charge them for law enforcement service. They are looking for another entity to contract with. Sands said she and council members Mark Zorica and Keith Campbell met and decided to advertise for an interim police chief. At Monday’s meeting,
city council members voted unanimously to place an ad seeking a police chief. The position would be for a year and would pay between $59,316 and $72,264 annually, depending on experience. The city is seeking someone with a minimum five years experience as a sworn officer and three years supervisory/administrative experience. The job listing says there currently See police, 12A
Burglaries have Sacheen community on edge
Miner photo|Rosemary Daniel
Santa comes to town
By Sophia Aldous Of The Miner
SACHEEN LAKE – A string of burglaries in the Sacheen Lake and Diamond Lake communities have residents keeping a wary eye out for anything suspicious. According to the Pend Oreille County
Santa was eagerly greeted by scores of local children on Friday evening, Dec. 1, as Deck the Falls festival kicked off with a Redneck Christmas Lights parade up the main street of Metaline Falls and ended at the town’s Busta Park. See more photos on page 11A.
Sheriff’s Office, 18 burglaries were reported in the month of November for Sacheen and Diamond Lakes. Several are thought to have occurred over the Thanksgiving holiday weekend. “That’s high,” said Pend Oreille County See burglaries, 12A
B r i e f ly Fire district hosts annual holiday open house PRIEST RIVER – West Pend Oreille Fire District will be hosting its annual holiday open house Saturday, Dec. 9, 10 a.m. to 3 p.m. at Station 1 near the Priest River Airport. There will be free cookies, coffee and hot cocoa. People can get their pictures taken with Santa on the fire engine. For more information, call 541-206-2373.
Santa Claus coming to Blanchard BLANCHARD – Santa Claus will parade through classifieds Follow Life us
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Blanchard on a fire truck Sunday, Dec. 17, 4-4:30 p.m. He will stop at the Blanchard Grange for hot chocolate, cookies, and pictures. There will also be crafts for kids.
Hometown Christmas this Saturday NEWPORT – Hometown Christmas is going on this Saturday, Dec. 9 at the Newport Library. Santa Claus will be there to visit with kids and take pictures from noon to 3 p.m. Soroptimist International of Newport will serve hot cocoa and cookies. A kids’ crafts table ran by Create Art Center will be 11 a.m. to 2 p.m. There will also be a
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Christmas card craft center from noon to 2 p.m. and face painting from noon to 3 p.m. Local rodeo royalty will also attend the event to meet families and help with festivities. The Pend Oreille Friends of the Library will have a display outside the library’s front entrance. Books, CDs and videos on the display are free for the taking. The Newport High School National Honor Society will be hosting games, crafts and cookie decorating in TJ Kelly Park from noon to 3 p.m. Hot dogs and cocoa provided by the Greater Newport Area Chamber of Commerce and the Maws and Paws Booster Club. There will be caroling by the Newport High School choir on Washington Avenue, 12:30-1:30 p.m.
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Your winter guide to the Pend Oreille River Valley See inside
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| DECEMBER 6, 2017
The Newport Miner Serving Pend Oreille County, WA
Michelle Nedved Publisher
Jeanne Guscott Office Manager
Natalie Babcock Assistant Office Manager
Micki Brass Advertising Manager
J. Lindsay Guscott Advertising Sales
Cindy Boober Advertising Sales
Don Gronning News Editor
Sophia Aldous Reporter
J. Louis Mullen Owner
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Lifestyle Page.......................Friday 12 Noon General News ................Monday 12 Noon Display Advertising............Monday 5 p.m. Classified Advertising............. Monday Noon Hot Box Advertising.............Tuesday Noon Legal Notices........................ Monday Noon BUSINESS HOURS 8:30 a.m.-5:15 p.m. Monday-Friday 421 S. Spokane Ave., Newport, WA. Yearly subscription rates Pend Oreille County, WA..........$26.75 West Bonner County and Spirit Lake, Idaho...............$26.75 Out-of-County & Elk...................$36.25 Single Copy...................................... $1.00
POSTMASTER: Send address changes to Newport Miner, 421 S. Spokane Ave., Newport, WA. 99156. Telephone: 509-447-2433 E-mail: minersubscriptions @povn.com
Published weekly by Newport Miner, Inc., 421 S. Spokane Ave, Newport, WA. 99156. Periodical Postage paid at Newport, WA.; USPS No. 384400. LETTERS POLICY
We welcome letters to the editor. Letters should be typed and submitted to The Miner and Gem State Miner office no later than 5 p.m. Friday for publication the following Wednesday. No letter will be published unless it is signed by at least one individual, even if the letter represents the view of a group. The letter must include a telephone number and address for confirmation of authenticity. Letters should be no longer than 300 words. The Miner reserves the right to edit to conform to our publication style, policy and libel laws. Political letters will not be published the last issue prior an election. Letters will be printed as space allows. how to contact us
By Mail: 421 S. Spokane Ave. Newport, WA 99156 By FAX: (509) 447-9222 * 24-Hours Comments or Information By Phone: (509) 447-2433
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Anti smelter group wants to know where Newport stands By Don Gronning Of The Miner
NEWPORT – A group of people opposed to the proposed HiTest silicon smelter turned out at the Newport City Council meeting Monday night, Dec. 5, to ask about where city officials stood on the smelter. Sheryl Miller said she had heard that Newport was going to supply water and sewer for the smelter. City council member Ken Smith said that city has been working on wells and a water tank for about 15 years and that it didn’t have anything to do with HiTest. Smith said that in order for the HiTest site to be considered for city water and sewer it would need to be annexed into the city. The HiTest property is not adjacent to the city, one of the requirements for annexation. City administrator Ray King said that the HiTest site is outside the Newport Urban Growth Area. He said groups like Futurewise would likely oppose annexation of land outside the UGA. Miller asked Mayor Shirley Sands and King if they were for or against the smelter. Sands said she can’t say if she’s for or against it until she gets more information. She said she is part of the county’s executive
committee looking into the smelter because she wants to get more information. King said he has faith in the state Department of Ecology and Gov. Jay Inslee to ensure that environmental and health standards are upheld. “You ain’t going to get nothing past those guys,” King said. He said the fact that the smelter was proposed in Washington was a good sign, as it has stricter environmental rules than Idaho. “You can do things in Idaho that would get you put in prison in Washington,” King said. He said if he thought there was any adverse effect on the environment because of the smelter, that he “would scream the loudest.” Sands said the city and county have different governing philosophies. “We fought the county tooth and nail to keep (the Growth Management Act),” she said. “The county wanted us to opt out.” King added that he would oppose anything that affects the city’s water and wastewater. Sands said she has been a resident here for years. “I have just as much a vested interest in this as you guys do,” she said. She urged the people to volunteer at the Newport Area Chamber of Commerce, where Visitor Center vol-
unteers are sorely needed. “Until you guys’ hair is on fire about the smelter, nobody cares about our Chamber,” she said. Jerry Person addressed the council, urging them to support tourism as an economic driver. Sands said areas like Sandpoint had tried that, but had difficulty most of the year. Person said the Sch-
weitzer Mountain Resort in Sandpoint has gone to summertime operations to promote business in the area when skiing isn’t an option. Coeur d’Alene is a tourism destination, he said, and Newport could be, too. Sands said that Coeur d’Alene had the infrastructure that Newport didn’t have. Person said it takes time. “You have to be
patient,” he said. He gave Leavenworth, Wash., as another example of a town that reinvented itself as a tourism destination. Person said the amount of emissions HiTest is talking about would create acid rain and other environmental problems. He said that if the city does decide to oppose the smelter, they should make it well known.
Miner photo|Michelle Nedved
Christmas on Main Street Shellie VanGrimbergen, otherwise known as “Nana,” helps 18-month-old Aubrey Ross decorate a pinecone Monday night.
Hitest: Jobs would pay between $40,000 and $100,000 From Page 1
including sulfur dioxide. She said exposure from a firecracker could cause her to suffocate and die. “My question for you tonight is who is responsible for my death when I breathe your sulfur dioxide?” she said. The facilitator, HiTest consultant Tim Johnson, said HiTest takes her condition seriously. He said HiTest would do its best to not put her in that situation. He said they were depending on the local health community and the local health professionals to assess the risk. Earlier in the meeting Laurie Jenks of the state Department of Health said that there would be a health impact assessment conducted by the DOH. Other questions dealt with property values decreasing if the smelter were approved, greenhouse gasses, transportation, and environmental impacts. Regarding transportation, HiTest president Jayson Tymko said if the operation used truck for all their transportation, it would amount to 31 trucks a day, about 200 days a year. He said wood chips will be trucked. He said that would amount to about seven trucks a day. In his powerpoint presentation, Tymko gave a breakdown of the
jobs and education requirements to work at the smelter. Tymko said there would be about 130 plant operations workers hired if the smelter is built. He said some of the jobs may or may not require a high school graduation, although HiTest wants to promote education in the community. “We as a company we do want high school grads. We want to promote education in the community,” he said. “It’s what we believe as a corporate philosophy.” The jobs would pay between $40,000 and $100,000 annually, with 111 of those jobs requiring a minimum high school/GED level education. Another 19 plant operations workers would require at least a two-year or technical degree. Another 20 workers would be involved in plant management. Many of those jobs require at least a two-year degree and eight require a bachelors degree. They will pay from $60,000 to $150,000 a year. Tymko said that the company would bring in some experienced people from outside the area. “We will bring in about 10 to 12 people,” Tymko said. “It’s important to have senior experienced people on each shift.” He said the smelter would run five shifts. He said 90 percent of the jobs will go to locals.
HiTest consultant Bart Brashers said there were several federal agencies that govern plants such as HiTest, including the Environmental Protection Agency. He said Idaho and Washington each had their own laws and regulations that would need to be complied with. Chris Green of the state Department of Commerce said he was interested in providing job opportunities where they were needed, such as Pend Oreille County. They are not needed in areas where there is a low unemployment rate, such as on the west side. Grant Pfeifer of the state Department of Ecology said Ecology will conduct the environmental review process, which starts with a State Environmental Policy Act checklist (SEPA). Ecology will issue environmental permits that are consistent with laws and rules and will communicate clearly. Pfeifer got a question during the public questions about the size of fine that might be required for a violation. He said there was a $40,000 proposed fine on his desk for a smaller project for excess emissions. HiTest was asked about heavy metals. Jim May of HiTest said that there were no heavy metals emitted. HiTest was also asked about their financial viability.
HiTest officials said they were a private corporation. There were no tax credits involved, Tymko said. He said the principals put up about $25 million of their own money. In January HiTest will put out another call to investors. They hope to raise $150 million then. Tymko said HiTest will carry about $200 million in debt. Tymko said he has never failed in any of his companies. He said they try to acquire enough capital to begin with. Tymko was asked if the community could invest to take advantage of any profits coming from the smelter. Tymko said the cash requirements to invest were pretty high. The powerpoint presentation covered a number of things. One of the slides they presented showed silicon smelters located in populated areas, including Niagara Falls, N.Y. and Norway. The plant in Orkanger, Norway was located less than a mile from town. The Niagara Falls plant was located near the city center. HiTest now says about 50 percent of their product will be used in the solar energy market. That’s up from a previous statement. One of the slides says silicon smelting does not lead to silicosis because any dust created in the smelting process is rounded, not angular.
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The Newport Miner the voice of pend oreille county since 1901
Wednesday, January 17, 2018
www.pendoreillerivervalley.com
Volume 115, Number 51 | 2 Sections, 20 Pages $1.00
Smelter foes urged to focus on strategy CANSS attorney says process, elected officials must be respected By Don Gronning Of The Miner
NEWPORT – Attorney Norm Semanko told a public meeting of The Citizens Against the Newport Silicon Smelter (CANSS) about a meeting he had with Pend Oreille County officials and outlined strategy for opposing a proposed silicon smelter. He spoke at the Hospitality House
A little street music Sadie Halstead Middle School students Savyon Curtis (alto sax), Isabel Olivera (flute and Nakiya Green play some notes on their instruments coming home from school Friday, Jan. 12. Green was being a good friend and carrying Curtis’s case so he could play while he walked.
Will apply for permits within two months for silicon smelter
Water use set to weigh heavily on lawmakers in 2018 WNPA Olympia News Bureau Editor’s note: The Washington Newspaper Publishers Association funds journalism students who cover the Washington Legislature. Many of their stories will appear in The Miner during the short 60-day Legislative session that started Jan. 9.
OLYMPIA – With the 2018 Washington state legislative session kicking
off, a 2016 state Supreme Court decision on water continues to make waves in the House and Senate. The so-called Hirst decision in October 2016 set a precedent that compels local governments and landowners to take into account the availability of water before issuing permits to developers. The decision came after the court determined
that Whatcom County had been issuing permit exemptions that violated instream flow rules designed to protect stream water levels. According to the Department of Ecology, instream flow rules hold that water withdrawn from underground aquifers could impact the water levels in streams and rivers within the
See Canss, 2A
HiTest CEO: ‘We’re very committed’
Miner photo|Sophia Aldous
By Alex Visser
Tuesday, Jan. 9. The HiTest Sands company has proposed building a $325 million silicon smelter about a mile south of Newport, just off Highway 41 and the Idaho border. Semanko said he has looked at what has been proposed by HiTest. “Without any actual applications in hand,
By Don Gronning Of The Miner
watershed. A “Hirst fix” was a topic of contention in the Legislature last year, and the issue was not resolved. This year’s Legislative session opened with a water bill floated by Sen. Kevin Van De Wege, DSequim. Senate Bill 6091, which would leave the present rules in place and
NEWPORT – HiTest Sands, the Canadian company that wants to build a silicon smelter outside Newport, isn’t dissuaded by the organized opposition to the smelter. “We’re very committed,” Jayson Tymko, HiTest CEO said when asked if they were reconsidering the smelter location in light of the opposition. “We’ve made further investments.” Tymko, in a telephone interview with The Miner, said the company isn’t discouraged by the confrontation last week over snow plowing on the right-of-way under the Bonneville Power Administration powerlines, which mark the northern boundary of the property where HiTest wants to
See Hirst, 9A
See HiTest, 2A
New art teacher finds her place in Priest River By Sophia Aldous Of The Miner
PRIEST RIVER – It’s about progress, not perfection, in Rebecca Chaney’s art class at Priest River Lamanna High School. Newly hired after former art teacher Joel Holmes quit at the end of the 2016-2017 school year to take a job in Indonesia, Chaney, 60, moved from San Antonio, Texas. “If it was about being absolutely perfect, there wouldn’t be
any art classes at all,” Chaney said, smiling. “I tell my students that they just need to create results. It doesn’t matter if it’s technically perfect; that can be learned. If you sit around waiting to be a master at something, you’ll never actually be any good at it.” Chaney teaches two art one classes, ceramics, drawing, and advanced art. She was born and raised near Milwaukee, Wis., in a small town where art was not considered to be an important
influence. “I was really into art and my parents were not thrilled,” Chaney recalled. “They were worried I wouldn’t make any money, no one would want to hire me, you know. I understand where they were coming from, and I’m glad I never lost that love of the arts. It’s not that they were bad parents, I just don’t think they could see what the arts have to offer.” A mother of three grown daughters, ages 28, 31, and 33,
Chaney realizes the importance of allowing kids to follow their own path. “You can have all the ideas and advice in the world for them, but at the end of the day, they are their own people who have to make their own decisions,” she says. “The aim is not to control them, but to be one of the people that gives them the tools they need to go out into the world and find their own success.” Chaney spent time working
in newspapers after high school doing design and composition. She dropped out of college as a sophomore and moved to New York City for several years to, “live among the art scene” and served in the United States Air Force from 1979-1984. Going back to college later in life, she graduated from Texas Tech University with bachelors in art and masters in teaching in 1987. She taught art to See Teacher, 10A
B r i e f ly 7th District legislators to hold telephone town hall meeting Jan. 23 OLYMPIA – Northeast Washington residents are invited to take part in a 7th Legislative District telephone town hall meeting Tuesday, Jan. 23. The community conversation, which is similar to a call-in radio format, will begin at 6 p.m. and last one hour. The 7th District’s legislative team – Sen. Shelly Short, R-Addy; Rep. Joel Kretz, R-Wauconda; and Rep. Jacquelin Maycumber, R-Republic – will take listeners’ questions and provide information and perspectives on
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the 2018 legislative session in Olympia. To participate, constituents can call 509-404-3053 beginning at 6 p.m. Once connected, they can listen in and press the * (star) key on their telephone keypad to ask questions. Participants can take part in the community conversation, listen to their neighbors and leave a message for the three lawmakers. The legislative session began Jan. 8 and is scheduled to end March 8.
7B-8B
Kiss county commission chair for 2018 NEWPORT – Pend Oreille County Commissioner Steve Kiss began his tenure as the Pend Oreille County Board of Commissioners chairman Jan. 2, 2018. He takes over from District No. 1 commissioner Karen Skoog. Kiss oversees District No. 3 and will serve the usual one-year term as chairman. District No. 2 commissioner Mike Manus is scheduled to serve as chairman of the board in 2019, but his position is up for election this fall. The Board meets every Monday and Tuesday in the Courthouse located at 625 West 4th Street, in Newport. Meetings are open to the public. Public Comment is at 4 p.m. every Monday.
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| JANUARY 17, 2018
The Newport Miner Serving Pend Oreille County, WA
Michelle Nedved Publisher
Jeanne Guscott Office Manager
Natalie Babcock Assistant Office Manager
Micki Brass Advertising Manager
J. Lindsay Guscott Advertising Sales
Cindy Boober Advertising Sales
Don Gronning News Editor
Sophia Aldous Reporter
Brad Thew Production
J. Louis Mullen Owner
DEADLINES
Lifestyle Page.......................Friday 12 Noon General News ................Monday 12 Noon Display Advertising............Monday 5 p.m. Classified Advertising............. Monday Noon Hot Box Advertising.............Tuesday Noon Legal Notices........................ Monday Noon BUSINESS HOURS 8:30 a.m.-5:15 p.m. Monday-Friday 421 S. Spokane Ave., Newport, WA. Yearly subscription rates Pend Oreille County, WA..........$26.75 West Bonner County and Spirit Lake, Idaho...............$26.75 Out-of-County & Elk...................$36.25 Single Copy...................................... $1.00
POSTMASTER: Send address changes to Newport Miner, 421 S. Spokane Ave., Newport, WA. 99156. Telephone: 509-447-2433 E-mail: minersubscriptions @povn.com
Published weekly by Newport Miner, Inc., 421 S. Spokane Ave, Newport, WA. 99156. Periodical Postage paid at Newport, WA.; USPS No. 384400. LETTERS POLICY
We welcome letters to the editor. Letters should be typed and submitted to The Miner and Gem State Miner office no later than 5 p.m. Friday for publication the following Wednesday. No letter will be published unless it is signed by at least one individual, even if the letter represents the view of a group. The letter must include a telephone number and address for confirmation of authenticity. Letters should be no longer than 300 words. The Miner reserves the right to edit to conform to our publication style, policy and libel laws. Political letters will not be published the last issue prior an election. Letters will be printed as space allows. how to contact us
By Mail: 421 S. Spokane Ave. Newport, WA 99156 By FAX: (509) 447-9222 * 24-Hours Comments or Information By Phone: (509) 447-2433
Our editors and writers welcome your calls to discuss issues, coverage or story ideas. News minernews@povn.com Classified Ads minerclassifieds@povn.com Display Ads mineradvertising@povn.com Legal Ads minerlegals@povn.com Subscriptions minersubscriptions@povn.com CONNECT WITH us
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ThE newport mineR
HiTest: PUD, BPA, HiTest have shared easements From Page 1A
locate a smelter. Citizens Against the Newport Silicon Smelter (CANSS) had questioned whether HiTest had the proper permits to use the BPA right-of-way. The subcontractor doing the snowplowing left. Dave Wilson, spokesperson for the BPA, said HiTest had been on a conference call with BPA’s Realty Specialist in mid-December. He said that there may have been some miscommunication over the right-of-way between HiTest and its subcontractor. He said HiTest has now made an application to BPA to use the right-of-way. Tymko says BPA is a huge federal agency that has been working with HiTest on numerous things for some time. HiTest had access to the rightof-way all along, he said, that it came with the property. He said the PUD, BPA and HiTest have shared easements to the property. The snowplowing will continue when the company can
get the subcontractor the proper papers to show questioning law enforcement and county or state officials, he said. “We will enforce our right-ofway,” he said. HiTest wants to use the rightof-way to access the property for geological studies to see where to put the submerged furnaces. Tymko said he has seen the video of CANSS attorney Norm Semanko speaking at the Hospitality House last week. He said HiTest also had a person attending. He said he was surprised that Semanko said he didn’t know who HiTest’s attorney was until the attorney, Rodney L. Brown of Cascadia Law Group, sent a letter directing Semanko to communicate with him. Tymko said CANSS had wanted to hire Brown but Brown declined, as HiTest was already his client. Bill Ellis spoke at the Hospitality House, asserting that his calculations showed that HiTest would need to have 118 trucks coming and going each day from the site.
Tymko said he stands by the 37 trucks a day estimate if all the material were trucked. He said he doesn’t understand Ellis’ math and questioned counting trucks coming and going. He said a truck bringing material to the plant and leaving would normally be counted as one truck. He said the HiTest numbers were verifiable. Tymko says HiTest still has “multiple options” for water. For instance, several private property owners have offered to sell HiTest water rights. He also said that HiTest hasn’t ruled out Newport as an option for water. Tymko said that there will be no water running into the river system from the smelter, which has projected using 8,000 gallons of water a day, about the equivalent of what 23 homes would use, he said. HiTest will apply for a rezone of the property away from its current Public Lands status, he said. He said the PUD originally bought the land for a gas fired power plant. “This utilization isn’t much different,” he said.
“We want to go through the process.” In addition the county zoning, Tymko said he anticipates starting the State Environmental Policy Act (SEPA) within the next one or two months. He said HiTest is in contact with the state Department of Ecology regularly. Financing for the $325 million smelter is going well, he said. The group is self financing, he said and the investors have “a net worth of $30-40 billion.” HiTest’s attorney, Rodney L. Brown, founded Cascadia Law Group and its predecessor and is a partner. He was the principal author of Washington’s superfund law, the Model Toxics Control Act, according to the Cascadia Law Group’s website. Tymko says HiTest has never met with Kalispel Tribal officials, “but we’ve tried.” The Kalispel Tribe is on record opposing the smelter. He says he thinks HiTest is caught in a political battle between the county and the tribe that was underway well before HiTest entered the picture.
CANSS: Opponents to the smelter should keep up the pressure From Page 1A
it’s hard to know what exactly what they are proposing,” Semanko said in an edited Dan Ekelson video of the talk posted to the CANSS Facebook group. “I think this situation you have with the proposed smelter here is a hybrid of political and legal,” he told the group. “And it’s not just environmental permitting, it’s also local land use.” He said HiTest would need to have the land rezoned from Public Lands to something permitting an industrial use and there would be an opportunity for public comment and potential legal challenge by the group if they weren’t satisfied with a decision. Opponents to the smelter should keep the pressure on, attending meetings and sending in written comments, he said but they should be fact based and focused on the criteria decision makers will be using to make specific rulings. “I’ve seen defeat grasped from the jaws of victory before, where somebody gave five minutes of poignant testimony, with great facts and then at the very end said something to the effect of ‘and you’re all a bunch of S.O.B.s’,” he said during the question and answer portion of the meeting. “You lose the decision makers at that point.” Semanko said he had been an Eagle, Idaho, city council member for five years. Contentious issues came before that council, so he has had some experience with being an elected decision maker. “Have respect for the process and have respect for the elected officials, even if you don’t agree and even if you’d like to see them thrown out at the next election,” he said. “Have respect and hopefully they’ll have respect for you.” He said he wants to focus his limited time and he’s focused on the zoning issue at the county level. “We have to prioritize and we have to be smart about the use of our resources,” he said. Ultimately, county commissioners will decide on the rezone, he said, with a recommendation from the county planning commission. A
public hearing is required by the planning commission and both commissions will have to take into account a variety of factors, things like compatibility with adjoining land uses and if the project adheres to county rules and policies such as the development regulations and comprehensive plan. The county commission decision is appealable to Superior Court, he said. Semanko said he met with Pend Oreille County Community Development Director Greg Snow and Prosecutor Dolly Hunt as well as with the staff of the Kalispel Tribe Jan. 9. Semanko said he reiterated to Snow and Hunt that an application was needed before a zoning change could be made and that the zoning change had to go through a process, with criteria the project had to be judged against. Compatibility with nearby land uses was one of the criteria, he said. He said Hunt and Snow told him they didn’t know when HiTest would file applications. “The comment was ‘we don’t know if they’re going to file it in the next year’,” Semanko said. He said that told him that HiTest wasn’t communicating very well with the county. He said he wouldn’t be surprised if HiTest is still deciding whether to go ahead with the project. If a rezone is granted, a conditional use process would be the next step. The rezone would require a public hearing and a decision by the county commissioners, while the conditional use permit may be decided by Snow. The county is also looking at using a hearings examiner to make the decision. Semanko also mentioned a number of other areas where the project could be opposed, including water, right-of-way use and air quality. Semanko was joined in the Hospitality House talk by Bill Ellis, who said that he had calculated the number of trucks coming and going from the plant based on the amount of materials HiTest has said it would use. Ellis said that at one
Courtesy photo|Dan Ekelson
Citizens Against the Newport Silicon Smelter attorney Norm Semanko spoke at the Hospitality House Tuesday, Jan. 9. He’s shown here in a screen shot from Dan Ekelson’s film of the talk, which can be seen on CANSS’ Facebook group page.
shift a day, five days a week, 118 trucks a day would be needed by HiTest, with some of the trucks returning empty. If two shifts were used,
that would rise to 175 trucks a day, Ellis said. That number is considerably more than the 37 trucks a day HiTest said would be needed at the
Newport public meeting at the high school last November. The number Ellis arrived at is disputed by HiTest. (See associated story).
The PUD’s main customer entrance and drive up window in Newport will be temporarily unavailable Jan. 19-26, 2018 During this time, all customer services such as bill payment and connection setup will continue to be available during normal business hours (8 a.m. to 5 p.m.) in the Newport Conference Room located in the same building. Access to the Conference Room is just around the corner on Pine Street. There will be signs displayed around the building directing customers where to enter and park. We apologize for the temporary inconvenience as we continually work to advance the services we offer. We would be happy to answer any questions at 509-447-3137.
PEND OREILLE PUBLIC UTILITY DISTRICT 447-3137 • 242-3137 • 446-3137 • www.popud.org Quality Service at Low Cost
The Newport Miner the voice of pend oreille county since 1901
Wednesday, January 17, 2018
www.pendoreillerivervalley.com
Volume 115, Number 51 | 2 Sections, 20 Pages $1.00
Smelter foes urged to focus on strategy CANSS attorney says process, elected officials must be respected By Don Gronning Of The Miner
NEWPORT – Attorney Norm Semanko told a public meeting of The Citizens Against the Newport Silicon Smelter (CANSS) about a meeting he had with Pend Oreille County officials and outlined strategy for opposing a proposed silicon smelter. He spoke at the Hospitality House
A little street music Sadie Halstead Middle School students Savyon Curtis (alto sax), Isabel Olivera (flute and Nakiya Green play some notes on their instruments coming home from school Friday, Jan. 12. Green was being a good friend and carrying Curtis’s case so he could play while he walked.
Will apply for permits within two months for silicon smelter
Water use set to weigh heavily on lawmakers in 2018 WNPA Olympia News Bureau Editor’s note: The Washington Newspaper Publishers Association funds journalism students who cover the Washington Legislature. Many of their stories will appear in The Miner during the short 60-day Legislative session that started Jan. 9.
OLYMPIA – With the 2018 Washington state legislative session kicking
off, a 2016 state Supreme Court decision on water continues to make waves in the House and Senate. The so-called Hirst decision in October 2016 set a precedent that compels local governments and landowners to take into account the availability of water before issuing permits to developers. The decision came after the court determined
that Whatcom County had been issuing permit exemptions that violated instream flow rules designed to protect stream water levels. According to the Department of Ecology, instream flow rules hold that water withdrawn from underground aquifers could impact the water levels in streams and rivers within the
See Canss, 2A
HiTest CEO: ‘We’re very committed’
Miner photo|Sophia Aldous
By Alex Visser
Tuesday, Jan. 9. The HiTest Sands company has proposed building a $325 million silicon smelter about a mile south of Newport, just off Highway 41 and the Idaho border. Semanko said he has looked at what has been proposed by HiTest. “Without any actual applications in hand,
By Don Gronning Of The Miner
watershed. A “Hirst fix” was a topic of contention in the Legislature last year, and the issue was not resolved. This year’s Legislative session opened with a water bill floated by Sen. Kevin Van De Wege, DSequim. Senate Bill 6091, which would leave the present rules in place and
NEWPORT – HiTest Sands, the Canadian company that wants to build a silicon smelter outside Newport, isn’t dissuaded by the organized opposition to the smelter. “We’re very committed,” Jayson Tymko, HiTest CEO said when asked if they were reconsidering the smelter location in light of the opposition. “We’ve made further investments.” Tymko, in a telephone interview with The Miner, said the company isn’t discouraged by the confrontation last week over snow plowing on the right-of-way under the Bonneville Power Administration powerlines, which mark the northern boundary of the property where HiTest wants to
See Hirst, 9A
See HiTest, 2A
New art teacher finds her place in Priest River By Sophia Aldous Of The Miner
PRIEST RIVER – It’s about progress, not perfection, in Rebecca Chaney’s art class at Priest River Lamanna High School. Newly hired after former art teacher Joel Holmes quit at the end of the 2016-2017 school year to take a job in Indonesia, Chaney, 60, moved from San Antonio, Texas. “If it was about being absolutely perfect, there wouldn’t be
any art classes at all,” Chaney said, smiling. “I tell my students that they just need to create results. It doesn’t matter if it’s technically perfect; that can be learned. If you sit around waiting to be a master at something, you’ll never actually be any good at it.” Chaney teaches two art one classes, ceramics, drawing, and advanced art. She was born and raised near Milwaukee, Wis., in a small town where art was not considered to be an important
influence. “I was really into art and my parents were not thrilled,” Chaney recalled. “They were worried I wouldn’t make any money, no one would want to hire me, you know. I understand where they were coming from, and I’m glad I never lost that love of the arts. It’s not that they were bad parents, I just don’t think they could see what the arts have to offer.” A mother of three grown daughters, ages 28, 31, and 33,
Chaney realizes the importance of allowing kids to follow their own path. “You can have all the ideas and advice in the world for them, but at the end of the day, they are their own people who have to make their own decisions,” she says. “The aim is not to control them, but to be one of the people that gives them the tools they need to go out into the world and find their own success.” Chaney spent time working
in newspapers after high school doing design and composition. She dropped out of college as a sophomore and moved to New York City for several years to, “live among the art scene” and served in the United States Air Force from 1979-1984. Going back to college later in life, she graduated from Texas Tech University with bachelors in art and masters in teaching in 1987. She taught art to See Teacher, 10A
B r i e f ly 7th District legislators to hold telephone town hall meeting Jan. 23 OLYMPIA – Northeast Washington residents are invited to take part in a 7th Legislative District telephone town hall meeting Tuesday, Jan. 23. The community conversation, which is similar to a call-in radio format, will begin at 6 p.m. and last one hour. The 7th District’s legislative team – Sen. Shelly Short, R-Addy; Rep. Joel Kretz, R-Wauconda; and Rep. Jacquelin Maycumber, R-Republic – will take listeners’ questions and provide information and perspectives on
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the 2018 legislative session in Olympia. To participate, constituents can call 509-404-3053 beginning at 6 p.m. Once connected, they can listen in and press the * (star) key on their telephone keypad to ask questions. Participants can take part in the community conversation, listen to their neighbors and leave a message for the three lawmakers. The legislative session began Jan. 8 and is scheduled to end March 8.
7B-8B
Kiss county commission chair for 2018 NEWPORT – Pend Oreille County Commissioner Steve Kiss began his tenure as the Pend Oreille County Board of Commissioners chairman Jan. 2, 2018. He takes over from District No. 1 commissioner Karen Skoog. Kiss oversees District No. 3 and will serve the usual one-year term as chairman. District No. 2 commissioner Mike Manus is scheduled to serve as chairman of the board in 2019, but his position is up for election this fall. The Board meets every Monday and Tuesday in the Courthouse located at 625 West 4th Street, in Newport. Meetings are open to the public. Public Comment is at 4 p.m. every Monday.
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Who’s In charge?
Government directory See next week’s issue
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from page on e
| JANUARY 17, 2018
The Newport Miner Serving Pend Oreille County, WA
Michelle Nedved Publisher
Jeanne Guscott Office Manager
Natalie Babcock Assistant Office Manager
Micki Brass Advertising Manager
J. Lindsay Guscott Advertising Sales
Cindy Boober Advertising Sales
Don Gronning News Editor
Sophia Aldous Reporter
Brad Thew Production
J. Louis Mullen Owner
DEADLINES
Lifestyle Page.......................Friday 12 Noon General News ................Monday 12 Noon Display Advertising............Monday 5 p.m. Classified Advertising............. Monday Noon Hot Box Advertising.............Tuesday Noon Legal Notices........................ Monday Noon BUSINESS HOURS 8:30 a.m.-5:15 p.m. Monday-Friday 421 S. Spokane Ave., Newport, WA. Yearly subscription rates Pend Oreille County, WA..........$26.75 West Bonner County and Spirit Lake, Idaho...............$26.75 Out-of-County & Elk...................$36.25 Single Copy...................................... $1.00
POSTMASTER: Send address changes to Newport Miner, 421 S. Spokane Ave., Newport, WA. 99156. Telephone: 509-447-2433 E-mail: minersubscriptions @povn.com
Published weekly by Newport Miner, Inc., 421 S. Spokane Ave, Newport, WA. 99156. Periodical Postage paid at Newport, WA.; USPS No. 384400. LETTERS POLICY
We welcome letters to the editor. Letters should be typed and submitted to The Miner and Gem State Miner office no later than 5 p.m. Friday for publication the following Wednesday. No letter will be published unless it is signed by at least one individual, even if the letter represents the view of a group. The letter must include a telephone number and address for confirmation of authenticity. Letters should be no longer than 300 words. The Miner reserves the right to edit to conform to our publication style, policy and libel laws. Political letters will not be published the last issue prior an election. Letters will be printed as space allows. how to contact us
By Mail: 421 S. Spokane Ave. Newport, WA 99156 By FAX: (509) 447-9222 * 24-Hours Comments or Information By Phone: (509) 447-2433
Our editors and writers welcome your calls to discuss issues, coverage or story ideas. News minernews@povn.com Classified Ads minerclassifieds@povn.com Display Ads mineradvertising@povn.com Legal Ads minerlegals@povn.com Subscriptions minersubscriptions@povn.com CONNECT WITH us
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ThE newport mineR
HiTest: PUD, BPA, HiTest have shared easements From Page 1A
locate a smelter. Citizens Against the Newport Silicon Smelter (CANSS) had questioned whether HiTest had the proper permits to use the BPA right-of-way. The subcontractor doing the snowplowing left. Dave Wilson, spokesperson for the BPA, said HiTest had been on a conference call with BPA’s Realty Specialist in mid-December. He said that there may have been some miscommunication over the right-of-way between HiTest and its subcontractor. He said HiTest has now made an application to BPA to use the right-of-way. Tymko says BPA is a huge federal agency that has been working with HiTest on numerous things for some time. HiTest had access to the rightof-way all along, he said, that it came with the property. He said the PUD, BPA and HiTest have shared easements to the property. The snowplowing will continue when the company can
get the subcontractor the proper papers to show questioning law enforcement and county or state officials, he said. “We will enforce our right-ofway,” he said. HiTest wants to use the rightof-way to access the property for geological studies to see where to put the submerged furnaces. Tymko said he has seen the video of CANSS attorney Norm Semanko speaking at the Hospitality House last week. He said HiTest also had a person attending. He said he was surprised that Semanko said he didn’t know who HiTest’s attorney was until the attorney, Rodney L. Brown of Cascadia Law Group, sent a letter directing Semanko to communicate with him. Tymko said CANSS had wanted to hire Brown but Brown declined, as HiTest was already his client. Bill Ellis spoke at the Hospitality House, asserting that his calculations showed that HiTest would need to have 118 trucks coming and going each day from the site.
Tymko said he stands by the 37 trucks a day estimate if all the material were trucked. He said he doesn’t understand Ellis’ math and questioned counting trucks coming and going. He said a truck bringing material to the plant and leaving would normally be counted as one truck. He said the HiTest numbers were verifiable. Tymko says HiTest still has “multiple options” for water. For instance, several private property owners have offered to sell HiTest water rights. He also said that HiTest hasn’t ruled out Newport as an option for water. Tymko said that there will be no water running into the river system from the smelter, which has projected using 8,000 gallons of water a day, about the equivalent of what 23 homes would use, he said. HiTest will apply for a rezone of the property away from its current Public Lands status, he said. He said the PUD originally bought the land for a gas fired power plant. “This utilization isn’t much different,” he said.
“We want to go through the process.” In addition the county zoning, Tymko said he anticipates starting the State Environmental Policy Act (SEPA) within the next one or two months. He said HiTest is in contact with the state Department of Ecology regularly. Financing for the $325 million smelter is going well, he said. The group is self financing, he said and the investors have “a net worth of $30-40 billion.” HiTest’s attorney, Rodney L. Brown, founded Cascadia Law Group and its predecessor and is a partner. He was the principal author of Washington’s superfund law, the Model Toxics Control Act, according to the Cascadia Law Group’s website. Tymko says HiTest has never met with Kalispel Tribal officials, “but we’ve tried.” The Kalispel Tribe is on record opposing the smelter. He says he thinks HiTest is caught in a political battle between the county and the tribe that was underway well before HiTest entered the picture.
CANSS: Opponents to the smelter should keep up the pressure From Page 1A
it’s hard to know what exactly what they are proposing,” Semanko said in an edited Dan Ekelson video of the talk posted to the CANSS Facebook group. “I think this situation you have with the proposed smelter here is a hybrid of political and legal,” he told the group. “And it’s not just environmental permitting, it’s also local land use.” He said HiTest would need to have the land rezoned from Public Lands to something permitting an industrial use and there would be an opportunity for public comment and potential legal challenge by the group if they weren’t satisfied with a decision. Opponents to the smelter should keep the pressure on, attending meetings and sending in written comments, he said but they should be fact based and focused on the criteria decision makers will be using to make specific rulings. “I’ve seen defeat grasped from the jaws of victory before, where somebody gave five minutes of poignant testimony, with great facts and then at the very end said something to the effect of ‘and you’re all a bunch of S.O.B.s’,” he said during the question and answer portion of the meeting. “You lose the decision makers at that point.” Semanko said he had been an Eagle, Idaho, city council member for five years. Contentious issues came before that council, so he has had some experience with being an elected decision maker. “Have respect for the process and have respect for the elected officials, even if you don’t agree and even if you’d like to see them thrown out at the next election,” he said. “Have respect and hopefully they’ll have respect for you.” He said he wants to focus his limited time and he’s focused on the zoning issue at the county level. “We have to prioritize and we have to be smart about the use of our resources,” he said. Ultimately, county commissioners will decide on the rezone, he said, with a recommendation from the county planning commission. A
public hearing is required by the planning commission and both commissions will have to take into account a variety of factors, things like compatibility with adjoining land uses and if the project adheres to county rules and policies such as the development regulations and comprehensive plan. The county commission decision is appealable to Superior Court, he said. Semanko said he met with Pend Oreille County Community Development Director Greg Snow and Prosecutor Dolly Hunt as well as with the staff of the Kalispel Tribe Jan. 9. Semanko said he reiterated to Snow and Hunt that an application was needed before a zoning change could be made and that the zoning change had to go through a process, with criteria the project had to be judged against. Compatibility with nearby land uses was one of the criteria, he said. He said Hunt and Snow told him they didn’t know when HiTest would file applications. “The comment was ‘we don’t know if they’re going to file it in the next year’,” Semanko said. He said that told him that HiTest wasn’t communicating very well with the county. He said he wouldn’t be surprised if HiTest is still deciding whether to go ahead with the project. If a rezone is granted, a conditional use process would be the next step. The rezone would require a public hearing and a decision by the county commissioners, while the conditional use permit may be decided by Snow. The county is also looking at using a hearings examiner to make the decision. Semanko also mentioned a number of other areas where the project could be opposed, including water, right-of-way use and air quality. Semanko was joined in the Hospitality House talk by Bill Ellis, who said that he had calculated the number of trucks coming and going from the plant based on the amount of materials HiTest has said it would use. Ellis said that at one
Courtesy photo|Dan Ekelson
Citizens Against the Newport Silicon Smelter attorney Norm Semanko spoke at the Hospitality House Tuesday, Jan. 9. He’s shown here in a screen shot from Dan Ekelson’s film of the talk, which can be seen on CANSS’ Facebook group page.
shift a day, five days a week, 118 trucks a day would be needed by HiTest, with some of the trucks returning empty. If two shifts were used,
that would rise to 175 trucks a day, Ellis said. That number is considerably more than the 37 trucks a day HiTest said would be needed at the
Newport public meeting at the high school last November. The number Ellis arrived at is disputed by HiTest. (See associated story).
The PUD’s main customer entrance and drive up window in Newport will be temporarily unavailable Jan. 19-26, 2018 During this time, all customer services such as bill payment and connection setup will continue to be available during normal business hours (8 a.m. to 5 p.m.) in the Newport Conference Room located in the same building. Access to the Conference Room is just around the corner on Pine Street. There will be signs displayed around the building directing customers where to enter and park. We apologize for the temporary inconvenience as we continually work to advance the services we offer. We would be happy to answer any questions at 509-447-3137.
PEND OREILLE PUBLIC UTILITY DISTRICT 447-3137 • 242-3137 • 446-3137 • www.popud.org Quality Service at Low Cost
The Newport Miner the voice of pend oreille county since 1901
Wednesday, January 31, 2018
www.pendoreillerivervalley.com
Volume 116, Number 1 | 2 Sections, 20 Pages $1.00
PUD forced to consider lawyer change By Don Gronning Of The Miner
SPOKANE – A finding from the courtappointed Discovery Master in the Pend Oreille Public Utility District-Ponderay Newsprint Co. legal battle has the potential to force a costly change of attorneys for the PUD because of a potential conflict of
interest over sanctions. Mary E. Owen is an attorney assigned to oversee discovery, the process in which each side turns over relevant materials to the other side. In this case, discovery documents number in the hundreds of thousands and possibly more than a million. Owen is the See PUD, 2A
Citizen group energetic, prickly Citizens Against the Newport Silicon Smelter keeping up pressure in grassroots opposition to smelter By Don Gronning Of The Miner
NEWPORT – Gretchen Koenig is one of the earliest smelter opponents. Her leafleting spread the word of a silicon smelter proposed to be built about a mile south of Newport, abutting the Idaho state line. “It’s my fault,” Koenig said jokingly when asked how the Citizens Against the Newport Silicon Smelter was formed. Koenig and four CANSS members, including vice chair Michael Naylor and secretary Sheryl Miller, former chair Bill Ellis and Theresa Flannigan stopped by The Miner for a scheduled interview last Wednesday. The CANSS members abruptly walked out of the interview after about 20 minutes when they objected to some of the questions. See Canss, 2A
Courtesy photo|Dona Storro
And a cherry on top Over 60 students met the second Quarter Reading Challenge at Idaho Hill Elementary and were awarded the opportunity to make ice cream sundaes on three staff members. Students had to complete six of the nine weekly challenges of reading 20 minutes per night for three days each week. In this picture 4th graders Traxston Nordby and Tanner Hughes add toppings to Mrs. Myrvang’s and Mr. Selle’s heads.
HiTest says 240,000 gallon a day water request for a study HiTest declines to give Washington business name By Don Gronning Of The Miner
NEWPORT – HiTest Sands Inc., the Edmonton based company that wants to build a silicon smelter near Newport, says that it still projects its maximum water use at 8,000 gallons a day for the
smelter, even though it requested 240,000 gallons a day from the city of Newport. HiTest Sands CEO Jayson Tymko says HiTest is working with the state Department of Ecology on a number of studies into technologies to reduce air emissions. “One of the available technolo-
gies consumes 240,000 gallons of water a day and creates similar waste, which we would never want to use as the benefits gained are not worth the impact of using them,” Tymko wrote in response to emailed questions from The See HiTest, 2A
Sergeant Glenn Blakeslee to run for sheriff By Sophia Aldous Of The Miner
NEWPORT – Sergeant Glenn Blakeslee has added his name alongside Kalispel Tribal Officer Jon Carman’s as candidate for Pend Oreille County Sheriff. Current Sheriff Alan Botzheim announced plans to retire at the end of the year earlier this month. Blakeslee, a 19-year veteran of the sheriff’s office, made the announcement of his candidacy
last Friday. He lives in Newport with his wife of 29 years, Marylos. The couple has two adult sons. “With my years of experience and training, I think I’m the man that can do the job,” Blakeslee, 49, said. Blakeslee has Blakeslee worked for Pend Oreille County more than nine years as a deputy, two years and
six months as a major crimes/ drug detective, and seven years as a sergeant. Before enrolling in the Criminal Justice Training Center in Burien, Wash., at age 30, Blakeslee served three years in the United States Coast Guard before being honorably discharged. He also worked for five years as a medical assistant and psychical therapy aid and worked in construction after graduating from Selkirk High School in 1987.
“I think we need to continue to progress in communityoriented policing by being open to what the public has to say and being available to people and listen to what’s going on,” said Blakeslee. “The majority of time when we’re dealing with people, that person is having a bad day, maybe the worst day of their lives.” Blakeslee added that he is thankful for the support of Botzheim, Pend Oreille County Undersheriff Grant Sirevog, and
his coworker, Sergeant Questin Youk. In his opinion, compassion is one of the most important traits a police officer should possess. “The position of sheriff is not to be taken lightly, and even though a person may have committed a crime, they are still a member of our community, they aren’t outside of that,” Blakeslee said. “You have to like working with people and caring about them to last in this line of work.”
B r i e f ly Priest River Chamber seeks Citizen of the Year nominations PRIEST RIVER – The Priest River Chamber of Commerce is seeking nominations for 2018 Citizen of the Year. If you know that person who goes above and beyond in the community helping others, nominate them. “There are some wonderful community members that should be recognized for their outstanding acts of kindness,” chamber board members said. All nominations will be considered. The only qualification is that they can’t be a chamber board member. Send in writing or email nominations to the Chamber office: Priest River Chamber of Commerce, 119 Main St, Suite 102, Priest River, ID 83856; or email priestrivercoc@gmail. com. The deadline is Feb. 5.
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Start planning your garden now PRIEST RIVER – Gardening season is coming. The Priest River Library will present a Live & Learn program, Garden Planning in Bonner County, Thursday, Feb. 8 at 5:30 p.m. These dark and cold days are the perfect time to plan next year’s garden, organizers said. Whether you are an experienced gardener or new to gardening in north Idaho, there is always new information to be learned about crop varieties, soil preparation, propagation, pests and making it all work with our short gardening season. Jennifer Jensen with the University of Idaho Extension Office in Bonner County will touch on all these subjects and try to answer any other questions you may have. For more information, call the library 7B-10B
at 208-448-2207 or email library@westbonnerlibrary. org.
Beauty and the Beast Jr. coming to Priest River Junior High PRIEST RIVER – The Priest River Lamanna High School Off the Wall drama group will perform Beauty and the Beast Jr. Friday, Feb. 16 at 7 p.m. and Saturday, Feb. 17 at 2 p.m. and 7 p.m. at the Priest River Junior High School auditorium. Tickets are $5 for students and senior citizens and $7 for adults. Directed by Russell Bean, the musical features music by Alan Menken and choreography by Conner Converse and Anne Chamberlain.
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| January 31, 2018
The Newport Miner Serving Pend Oreille County, WA
Michelle Nedved Publisher
Jeanne Guscott Office Manager
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HiTest: Waiting for marketing to be done to release name From Page 1A
Miner. “As always, we want to show we have investigated every possibility and how those impacted feel. This was very much a case of us wanting to have a letter from the city confirming why that solution would not work.” The 240,000 gallons a day request was discovered through a public records request to the City of Newport from Citizens Against the Newport Silicon Smelter member Theresa Flannigan. The request turned up a Jan. 12 response to Jim May, HiTest’s Chief
Operating Officer. “It was great hearing from you regarding HiTest Sand and your inquiry of the City of Newport,” city administrator Ray King wrote. “The City of Newport will not be able to provide you the requested 240 thousand gallons of water daily. Additionally the permit for your waste water would exceed the maximum of our waste water NPDES discharge permit and our treatment plant’s design flow.” HiTest declined to release its Washington business name, although it has one,
Tymko said. “At this time we are keeping quiet with our Washington name until all our public information is ready for circulation,” Tymko wrote in response to another emailed question from The Miner. He said he wants to wait until the marketing and branding people are finished putting together the smelter project. There are a number of HiTest names registered with the state Department of Revenue to Jeffrey Pittman at 2852 Gray Road in Newport, including HiTest, HiTest Copper, HiTest Sand, HiTest Silica, HiT-
est Silicon, HT Copper, HT Sand, HT Silica, and HT Silicon. Tymko says HiTest has no connection to Pitman. “I believe he registered those names somewhat opportunistically with the hope that we would buy them from him,” Tymko wrote. Opposition to the silicon smelter isn’t going away. At the Jan. 23 meeting at the Camas Center, the Spokane County Democratic Party chairman spoke against the project and said he was going to encourage the state party to oppose it.
The state Democrat Central Committee is on record opposing the smelter. They are going to send a letter to Gov. Jay Inslee, pointing out that the “ ... pollution poses unacceptable risks to the health, culture, and natural resources of the Kalispel Tribe of Indians and all reservation residents as well as other residents of Eastern Washington and Northern Idaho.” The risks outweigh the speculative benefits of the smelter, the state Democratic Central Committee wrote to Inslee, the Democratic governor.
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CANSS: Holds volunteer training, board meetings regularly From Page 1A
But before they left, they explained a little about the grassroots organization. Koenig, one of the group’s directors, said she had been following the HiTest proposal from when it was proposed for the Usk area. Smelter developers then said they wanted to build in Addy, in Stevens County, before settling on a site just outside Newport last June. The Canadian developers bought the property from the PUD in July. Koenig said when she found HiTest had closed on the roughly 178-acre property, she set about telling people about the potential dangers of a silicon smelter near a residential area. “I got up a bunch of flyers with some friends of mine and went up to Solar Acres and all around Rena Road and as far as my flyers went and leafleted everybody,” Koenig said, “basically threw a stick in a hornet’s nest and here we are.” Solar Acres and Rena Road are on the Idaho side of the line. Naylor said he first became aware of a proposed silicon smelter in October. “I found about it early October when I came and got a haircut here,” Naylor said. “A barber told me about it.” Naylor had just purchased property on State Line Road, about 1,000 yards from the proposed smelter site, so he was concerned. He tried to get information
from the PUD, who referred him to the county. He went over to the county, where there was a map showing the proposed site. “I said how come nobody informed anybody in the public,” Naylor said. “How is this happening?” Koenig said she was aware of the possibility of a smelter, since she had been following it since it was first announced in 2016. “I knew about it, I read the paper,” she said. But there wasn’t much an individual could do until HiTest showed themselves. “They showed themselves when they bought the property,” she said. Naylor said the group had its first meeting at the Boat Launch in Diamond Lake. Pend Oreille County commissioners held a previously scheduled town hall meeting at The Boat Launch Restaurant Oct. 5 to talk about a variety of matters and were asked about the smelter. “When I saw the county commissioners, the way they were and refusing to answer our questions, and just the stance that they took, it put alarms off in me,” Naylor said. Flannigan said she also found out about the smelter Oct. 1. “I had just bought my brand new forever home approximately 400 meters from the site,” Flannigan said. “Gretchen had put a flyer on my door October first and I’ll never forget it. I’m like ‘who in the hell would put
a smelter in this area?’” She said she got in her motor home and went to Montana for a couple of days to figure out what she was going to do. She said she knew there would be a fight when she got back. A Facebook group was set up and organizers formed a nonprofit group and started meeting regularly. The Facebook group currently has more than 1,500 members. The Citizens Against the Newport Silicon Smelter is a non profit business group registered in Idaho. They have a board of directors that meets weekly, Naylor said. Debbie Barker is CANSS’ chair and treasurer. Barker, who didn’t attend Wednesday’s interview, is retired and lives off Highway 41 near Oldtown. She has a bookkeeping background, Naylor said. Naylor is also retired. He has two properties that he says would be affected by the smelter, one in Newport and one in Oldtown. Sheryl Miller is the group’s secretary. She is retired and lives adjacent to the HiTest property on the Washington side. Other directors include Betty Berkhousen, former Moses Lake mayor Bill Ecret and Gretchen Koenig. CANSS holds volunteer training the second and fourth Tuesdays at the Hospitality House in Newport. The group declined to say when and where the board meets. “(It) varies,” Naylor said. “I don’t think that really is pertinent,” Flannigan said. “We meet and that’s sufficient
enough, I think.” The group also declined to answer questions about their finances. They have sent out mailings, rented venues, hired an attorney and solicit money from the public to pay for it. Group members denied they were being secretive. “It would be unreasonable for us to tell you how much money we have since that would tell you how much we can afford to fight this, wouldn’t it?” Ellis, the former CANSS chairman, said. Group members said CANSS has to raise every penny that they need to fight the smelter but the county and the state use tax money to promote the smelter. HiTest, as a private company, doesn’t have to reveal any of its financial information. CANSS members have used public records requests to local governments to find out what is going on with the smelter. One public record request turned up a Jan. 12 email response from Newport city administrator Ray King to HiTest responding to a request from HiTest about getting 240,000 gallons of water a day from Newport. King wrote the city would not be able to supply that amount. Naylor said CANSS had proof that the Pend Oreille County Economic Development Council had written the $300,000 state grant that started the process. Interviewers challenged that claim. CANSS left without showing the proof.
PUD: Conflict of interest doesn’t occur until court ruling From Page 1A
second Discovery Master assigned to the case. The first Discovery Master withdrew. The legal action started in December 2015, when the PUD declared Ponderay Newsprint Co. to be in breach of contract for not filing accurate power projections. The PUD claimed PNC projected a power use that showed the mill was closing and demanded more than $200 million in collateral damages. PNC sued, asking a judge to declare the power schedules valid. The PUD countersued. Owen found that the PUD and its attorney, C. Matthew Anderson of Winston & Cashatt, had not turned over all the discovery documents required. Owen wrote that, “Despite multiple discovery orders and the imposition of lesser sanctions, the District and its counsel have persisted in engaging in willful nondisclosure in violation of discovery rules and repeated orders.” Owen wrote that lesser sanctions against he PUD have been tried and
have failed. She wrote that PNC and third party defendants, such as Lake Superior Forest Products, have not been able to prepare adequately for trial as a result of the PUD’s not producing adequate discovery. For those reasons, Owen recommended more severe sanctions against PUD. “The Discovery Master reserves the decision to recommend the most severe sanctions, that being the termination of the claims of the District, until the discovery deadline, which is presently set for Feb. 28, 2018,” Owen wrote. At that time, all actions will be reviewed. “The Discovery Master will also consider recommending that the Court consider granting the entry of judgment in favor of PNC as to all portions of its claims, including seeking to establish that it did not breach the Power contracts in 2015, and that the Power Contracts were not properly terminated by the District.” Owen’s recommendations are just recommendations. It will be up to the judge to decide whether they should be
followed. PUD commissioners held a special meeting Friday, Jan. 26, to decide what to do about the potential conflict of interest. Commissioner Curt Knapp and General Manager Colin Willenbrock held the meeting at the PUD office in Newport. Commissioners Rick Larson and Dan Peterson participated by phone. Two members of the public also attended. A big issue for the PUD is conflict of interest. If the judge adapts the recommendations, the PUD and its attorney could potentially sue each other over the sanctions, which could amount to several million dollars, Willenbrock told the PUD commissioners in Friday’s special meeting. Willenbrock said the PUD could keep Winston & Cashatt as attorneys to handle a Jan. 29 motion addressing Owen’s recommendations. He said he had spoken with three law firms to possibly take over if the PUD decides to not keep Winston & Cashatt. One would not be able to represent the PUD because of another conflict and two could.
Willenbrock said a limited conflict of interest waiver was prudent to get through the Jan. 29 legal action. Willenbrock said an actual conflict doesn’t occur until the court makes a ruling on sanctions and either the PUD or Winston & Cashatt say they are going to sue the other. PUD commissioners voted unanimously to grant the limited waiver and keep Winston & Cashatt on until a ruling is made. The board reserved making any decision on whether to formally retain independent counsel full time to monitor the potential conflict or whether to accept a withdrawal from Winston & Cashatt and retain substitute counsel. Willenbrock said if a second firm has to completely take over the case, it would require at least a year for them to get up to speed. Owen, the Discovery Master, also recommended the PUD pay for a third party vendor to immediately pull all PUD data and “ ... and take any measure necessary to ensure complete preservation and production,
and to determine whether additional evidence has been compromised or lost.” The vendor was on site at the PUD Friday. The PUD says the goal is to protect ratepayers. The PUD and PNC staff have a cordial working relationship, the PUD said in a Jan. 22 press release. “Despite PNC’s artificially low power estimates, over the past three years PNC has continued to schedule and purchase a record-high amount of power from the PUD. The working relationship between PUD and PNC personnel remains cordial despite the lawsuit,” the news release reads. Willenbrock contends the PUD has tried to comply with discovery, but that it has been overwhelmed by the amount of files and number of attorneys requesting discovery. He said the PUD has produced more than 700,000 documents and responded to 400 requests for information from PNC alone. The Discovery Master was apparently unimpressed by the PUD’s claims. A June trial date is set.