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Because the Boazd does not properly consider the above issues at this phase of a coal <br />permittee's bond release, the Coal Program requests that this Board decline to hear any <br />evidence on these issues during this proceeding. <br />Respectfully submitted this 23d day of May, 2003. <br />Stephen M. Brown, Assistant Attorney General <br />State of Colorado Attomey General's Office <br />Counsel for the Coal Program <br />