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_.-_ .., ..... ..... _._ ... ._... ..,.,. ....~..,........~. ~v...a .... un.~~eu nnt.~ 1®003 <br />Mrs. Nut'Iatvm <br />non-retreat, room and-pillar type extraction with a alculated coal extraction ratio of 34 percent. <br />OSM trNJiud the SDPS model only to demonstrate to you that even if the mtnr had ezAnrted a <br />marJr higher percentage ojcoal there still would have been no suluidence to lire location ojyvur <br />hoase. OSM concluded that no subsidence occurred Its eonehrsion was based on this type of <br />room and pillar misting, wh1Ch had >rothing to do with the SDPS mode! [unphesis added]. <br />By letters dated November l9 end 24, 1998, OSM furnished you copier of all rxorda it holds that <br />were responsive to your July 20 FOIA request. In your December 181etter you ataintairti citing <br />Mr. Sandberg, that OSM used the SDPS for investigations in she West liowaver, our rccards do <br />mt indicate and we are not aware of arty use of the $DPS in Lire West. Mr. Sandbag bas advised <br />me that he n~laitted to you in a telephone call during the week of Deceatba 14 that he was not <br />aware of any use of the SDPS in the West_ In a December 16, 1998, Lmcr to Randy Pair you <br />note that a Michael Rosenthal e-mail message, a copy of which Mr. Pair had sent you, taentioas <br />his (Mr. Rosenthal's) use of the SDPS in a Colorado imatigation. Please be advised that Mr. <br />Rosontltsl'e message uetee that hs: only considered using the SDPS but did not actually use it in <br />this investigation. Your December 16 Lxta to Mr. Pair asks for "all material ge:tetatad from the <br />SDPS program wherein same was applied to tho Colorado mine refereneed in Rosertthal'a 8125/98 <br />inemn to [James] Fulton." As implied above, tto sneh material exists. <br />Finally, your December 181ctter to Mr. 5etbd and ma does request additional dowments under <br />the FO]A. Your Decanter 181ettu asks for docvmertts relating to (1) the testimony ofMr. <br />Rosenthal in the Colorado civil action Tatum y. Wyoming Fuel; and ]3uinReeources and (2) the <br />tatticwrty of OSM employees in avd litigation in general Because both these categories of <br />records ere public, you do not tined to invoke the FOL1 to request them. I am furnishing you <br />copier of both as enclowrcs to this Icttcr, ahhough I would like to point out that we Lave already <br />described m you the basis for Mr. Roaentllel'a testimo~ in Mr. Seibel'a Augurt 31, 1995, <br />reepome to your August 10, 1995, written ret;uest that we do so. Also in your December 18 <br />Latter under the F01A you aak for documents in the pottestion of the Solicitor s Office end the <br />Deputtrtatt regarding teatitnoiry of OSM Departmental employees in civil litigation. We are <br />fotvvuding your request to these entities for their review end direct response w you. <br />Respectfully Yours, <br />,~ \` <br />Kathy Karpan <br />Director <br />Enelosurea <br />