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<br />1 supplemental prehearing orders. Frankly, at: this <br />2 point, I think I'm -- you know, the applicar:t has <br />3 made the point here that I guess the relief that's <br />q sought by the applicant is that we not be allowed to <br />5 consider the i ssue of rock fall because -- cff-site <br />6 because it was not listed in the second supplemental <br />7 prehearing order. <br />B Mr. Evans, is that your positior. is we <br />9 ought to go forward with that -- with the proceeding <br />10 but exclude that issue from consi deration? Am I <br />11 right in reading what it is? <br />12 MR. EVANS: First, our position is <br />13 that we have already tendered our financial warrants <br />14 in compliance with the New Jersey Zinc case. That <br />15 permit should issue. That's it; that the Board, by <br />16 virtue of the statute and its own rules, has lost <br />17 further jurisdiction. <br />18 CF.TP_IRMAN DANIELSON : _Tf the Berard <br />19 determined to proceed, however, and you did :`ile <br />20 this -- <br />21 MP.. EVANS: If it determined i:o <br />22 proceed, we would, without waiving any claim under <br />23 our request for court order ed permit forthwith, we <br />24 would simply observe and be interested in tai:ing into <br />25 consideratio r. any coaments or input which micht be <br />37 <br />MIDYETT P.EPOP.TING SERVICE <br />(3031 424-2217 <br />