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08/07/2001 15:01 FA% 303 834 2020 SHELL & WILIER III lll~ll~ll~lll~ll <br />C r <br />999 <br />Snell &Wilmer <br />LLP. tarv~aarnuoo <br />truvora~s <br />1200 Seven2mth Street, Suite 1950 p°~'~""QONA <br />Tabor Cenoer <br />Denvc, Colorado 80202 n1°°y"~41A <br />(iQ3) 634.2000 ~~~~~ <br />i;>x pn3) 6~q-zozo <br />June 7, 2001 <br />s ,*rnremr,vrnx <br />Robert D. Comer (303) 6342015 <br />Inoemee nvma®mlaw.com <br />Mazk Held, Esq <br />Office of the Attorney General <br />1525 Sherman St., Fifth floor <br />Denver, CO 80203 <br />Via Facsimile <br />(303) 866-5691 <br />Re: Powderhom -Comments to Proposed Boazd Order for NOV #s 2000-010 and <br />2001-005 and Request for Extension of Time to Finalize the Order Pending <br />Release of Relevant Additional Portions of the Transcript <br />Deaz Mazk: <br />We are in receipt of the proposed order of the Board pertaining to NOV numbers 2000- <br />010 and 2001-005 issued to Powderhom Coal Company ("Powderhom"). We appreciate the <br />effort you have taken to prepare the proposed order and the willingness of the Division and the <br />Boazd to work through this difficult issue. <br />With the proposed order, you included five pages of transcript reporting the closing <br />minutes of the full day hearing. However, significant additional commitments were made by the <br />Board prior to its recessing the hearing so that the parties could seek to resolve the outstanding <br />issues. For example, I believe the Board committed not to seek penalties, not to issue a cessation <br />order and not to list Powderhom on the AVS. I also believe that the Division was required to <br />obtain Board approval, and presumably notice Powderhom, at least five days before it could <br />further pursue any enforcement proceedings against Powderhor based on the status of Frontier. <br />In addition, during the recess discussions, the Division had agreed not to seek bond forfeiture. <br />These commitments aze an essential part of the Boazd decision and should be <br />incorporated into the final order of the Boazd. In order to expedite the process, I have enclosed <br />suggested changes based upon my recollection of the commitments made at the hearing. <br />However, due to the importance of these issues, Powderhom requests that the five day review <br />period not begin to run until the balance of the transcript relevant to these Boazd discussions is <br />provided to Powderhom, unless of course consensus can be achieved without need for the <br />transcript. In addition, we have identified several other modifications we believe are important <br />to the order. <br />Ix»al <br />Snell Fa Wilmer is a member of rt~c Hui+w, a leading ¢vnciarion of irdeprndenr law limo. <br />