2014-05-15_GENERAL DOCUMENTS - C1981014 ‎(2)‎

• Permit No: C1981014
• IBM Index Class Name: General Documents
• Doc Date: 5/15/2014
• Doc Name: Hearing Process
• From: DRMS
• To: Parties
• Permit Index Doc Type: General Correspondence
• Email Name: DAB
• Media Type: D
• Archive: No

10/22/2014
STATE OF
COLORADO
State.co.us Executive Branch Mail - RE: Schedule for Response
RE: Schedule for Response
message
Berry - DNR, David <[e-mail]>
Jeff Fugate <Jeff.Fugate @state.co.us> Thu, May 15, 2014 at 2:40 PM
To: "Rich A. Munson" <rich @ramunson.com >, Tena <tena @aol.com >, "[e-mail]"
<[e-mail]>
Cc: "efcoal @gmail.com" <efcoal @gmail.com >, "saunders615 @live.com" <saunders615 @live.com >,
"paulacoulter @comcast.net" <paulacoulter @com cast. net >, "tedcoulter @yahoo.com" <tedcoulter @yahoo.com >,
"claniel.hemandez @ state.co.us" <daniel.hemandez @ state.co.us>, "rob.zuber @state.co.us"
<rob.zuber @state.co.us >, "Janet.Binns @state.co.us" <Janet.Binns @state.co.us >,
"alysha.hernandez @ state.co.us" < [e-mail]>, Jeff Fugate <Jeff.Fugate @state.co.us>
All,
Based on the recent string of a -mails I feel that the original purpose and intent of tomorrow's meeting has
been lost. Although I understand K2T's desire to have a written response as it relates to the 11 itemized
concerns in the letter dated April 23, 2014, to condition an appearance at tomorrow's meeting based on
supplying information is unfair.
David and I originally coordinated tomorrow's meeting to provide an opportunity for all interested Parties to
engage in an open dialogue, express concerns, and discuss procedure related to the formal hearing set for
June 18. As was discussed and confirmed during previous conference calls in April, all of the interested
Parties purport to be interested in exploring opportunities for settlement and stipulated resolutions without
the need for a formal hearing. Although I am not sure that settlement prior to June 18 is possible or feasible,
tomorrow's meeting is important if the Parties legitimately want to pursue settlement. Moreover, the
meeting is quite possibly the last opportunity the Parties will have to candidly discuss this matter prior to the
June 18 hearing. Even if we are not able to reach resolution, tomorrow's meeting will at least be a venue for
the Parties to discuss and contribute valuable information.
Attached to this e -mail I am providing a draft Hearing Order for your review. The Board often likes to utilize
such Hearing Orders to ensure an orderly hearing process. This proposed Order seeks to create a Pleading
and Documents exchange timeline related to the Formal Hearing. In addition, it establishes a presentation
order with allocations of time. Please review this draft in advance of tomorrow's meeting so that we can
discuss the hearing process, presentation procedures, and exchange of written materials /information. If all
Parties agree we can sign this agreement to establish deadlines.
The hearing is currently set for June 18. Hard copies of all materials (Pleadings and Exhibits) are sent to the
members of the Board by mail on June 6. Therefore, the Parties have three weeks from tomorrow to prepare
for this hearing - -which is not a lot of time. I would suggest that we all consider whether a July hearing makes
more sense so that all Parties have ample time to prepare for this hearing.
hftps://mail.google.com/mail/Li/0/?ui=2&ik=b46bel l b9e&view =pt &search =i nbox &th= 146019d65bd8033e&si m l= 146019d65bd8033e 1/7