Laserfiche WebLink
DRMS <br /> a �6c2m 017 RYLEY CARLOCK <br /> Page 9 of 9 & A P P L E W H I T E <br /> Attorneys <br /> In sum: Climax is in compliance with the Stipulations; and in any event, the <br /> Stipulations are irrelevant to the setting of NPLs. The AM-06 Order does not incorporate <br /> the Settlement Agreement. The Settlement Agreement does not incorporate the Purchase <br /> Agreement. There is no indication that the MLRB intended to exceed its jurisdiction by <br /> appointing itself (or the Division) as a forum for the interpretation and enforcement of <br /> private contracts. When the Division in its discretion elects to establish NPLs for the Mine, <br /> it should do so based solely on published regulatory criteria. We respectfully request the <br /> Division to reject EPRC's attempt to interject private contractual provisions into the criteria <br /> for the Division's deliberations. Climax would vigorously object to the Division relying <br /> upon such provisions in any fashion in the eventual setting of NPLs for the Mine. <br /> Thank you for your consideration. <br /> Very truly yours, <br /> ;RYLEY O -7EWHITE <br /> James S erson <br /> F. Brittin Clayton III <br /> For the Firm <br /> cc via email: Jeff M. Fugate <br /> Sheila Deely <br /> Bryce Romig <br /> Raymond Lazuk <br /> Glenn E. Porzak <br />