REV91147

• Permit No: C1984065
• IBM Index Class Name: Revision
• Doc Name: PREHEARING ORDER TO CONTROL COURSE OF THE HEARING NEW CASTLE ENERGY CORP PR 1
• Type & Sequence: PR1
• Media Type: D
• Archive: No

PRIMARY ISSUES
1. Whether or not NCEC is engaged in a partnership such
that any such partner is also an applicant. Sections
34-33-110(2)(d)-(f), and 34-33-114(3), C.R.S. (1984); and Rules
2.03.4(4) and 2.03.5(3).
2. Whether the permit area should include the pipeline,
and, if so, whether the performance bond must be recalculated to
include the cost of reclaiming .the pipeline. Sections
34-33-103(18) and 34-33-113(1), C.R.S. (1984); and Rules
1.04(89), 2.07.6(1)(b) and 2.07.6(2)(j).
3. Whether the application must include an approvable
load out in order to be complete. Sections 34-33-114(2)(a) and
34-33-119(1), C.R.S. (1984); and Rule 2.02.6(2)(a).
4. Whether a description of the load out must be
included in the public notice in order for the load out to be
approved. Section 34-33-118, C.R.S. (1984); and Rule 2.07.3.
5. Whether the application must describe an alternative
load out, and other aspects of the operation that will occur over
the life of the mine, in order for the application to be
approvable. Section 34-33-111(1)(a), C.R.S. (1984); and Rules
2.05.2 and 2.10.
6. Whether G6A was denied its right to submit additional
comments to the Division following the informal conference, and,
if so, whether the proposed decision should be reversed or
remanded. Section 34-33-119(1), C.R.S. (1984); and Rule
2.07.4(2).
7. Whether the application should be denied Eor failure
to permit G6A an opportunity for a site visit to a load out
facility. Rule 2.07.3(6)(b)(iii).
8. Whether the Board has the authority to impose stipu-
lation Nos. 16 and 21. Rule 4.16.1.
SECONDARY ISSUE
The parties may address the following issues if such issues
are not first resolved by the parties:
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