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<br />1 MP.. BANTA: That's not clear to me <br />2 from the records. That's the assertio n that the <br />3 company has made. That's not clear to me from the <br />4 records. <br />5 CHAIRMAN DANIELSON: Al l right. So we <br />6 have the request for permit issuance. The company at <br />7 the same time has filed the objection to the second <br />8 supplemental prehearing order in which the company <br />9 has said that despite the May ruling, it didn't have <br />10 the opportunity to -- I am sorry, Mr. Nussbaum, I <br />11 think -- did you want to address that? You got cut <br />12 off. Did yov want to say anything to the 120 days' <br />13 issue. <br />14 MR. NUSSBAUM: Just a few thirc;s, if I <br />15 could, thank you. I don't think that Mr. Eva~is has <br />16 addressed the question that I raised; that is, what's <br />17 the event that constitutes the filinc. Certa:.r.ly <br />18 there was an application. We know the date ors which <br />19 that application was received. And for obvioLis <br />20 reasons, counsel wzZts to focus on that date. U^der <br />21 the rule that has beep cited, Subsectio.^. 12, it <br />22 indicates that the staff, if it has additional <br />23 concerns about application, can request additional <br />24 information. And when that's provided it is dee:~ed <br />25 filed. So it's not the date the first _^formaticn <br />33 <br />MIDYETT REDORTING SERVT_C°_ <br />(303) 424-2217 <br />