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64 <br />1 MR. JAVERNICK: Mr. Chairman? <br />2 MR. JANOSEC: Yes. <br />3 MR. JAVERNICK: This is Harry Javernick <br />4 from the board, Mr. Morris. I appreciate your <br />5 comments, but they are not altogether altruistic <br />6 because you did ask for the notice of violation be <br />~ vacated without prejudice. <br />8 MR. MORRIS: That's right. <br />9 MR. JAVERNICK: So you weren't letting <br />10 them off the hook entirely. <br />11 MR. MORRIS: That's right. But what we <br />12 have done in our letters to them and to our <br />13 statements to board and the DMG is make perfectly <br />14 clear that the Tatums have disavowed any intention <br />15 to file a new citizen's complaint or pursue any <br />16 further relief if they lose their case in court. <br />17 The reason we asked for vacation without <br />18 prejudice is because if we win in court, then we <br />19 wish to preserve the leverage, the option that we <br />20 have under the regulations to come back in and seek <br />21 administrative aid in enforcing the judgment of the <br />22 court. <br />23 Now, I think that's highly unlikely. <br />24 Basin paid the last judgment the Tatums got against <br />25 them, and I suspect they'll pay the one we intend <br />