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121 <br />1 there's some guidelines for subsequent cases that <br />2 we want to give to the agency that that would be a <br />3 forum to do that -- that we could do that. <br />4 MR. ABBOTT: This not only puts us in a <br />5 precarious position, it puts the staff in a <br />6 precarious position, and we need to clean up the <br />7 guidelines so that both of us don't get between the <br />e dog and the fireplug again. <br />9 MR. CATTANY: That's not a pretty <br />10 thought. <br />11 MR. JAVERNICK: Regardless of what we do <br />12 here today, there's nothing that precludes the <br />13 Tatums from coming back in January of 03 or 02 <br />14 with additional claims against Basin. I don't ever <br />15 see a finality. No matter what we do here today, <br />16 we're going to -- going to decide some issues on <br />17 what we have in front of us, but -- <br />18 MR. PAULIN: Bit, Harry, if we had the <br />19 finality of this issue -- and maybe it's only if -- <br />20 if the NOV had been dismissed with prejudice, at <br />21 least this complaint was settled. <br />22 MR. JAVERNICK: Right. I agree. <br />23 MR. PAULIN: I don't have any problem at <br />24 all with the division withdrawing an NOV but with <br />25 prejudice. So that tells the person running down <br />