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SEP-29-2004 11:50 FROM: BILL & JRNE JRNKE 1-970-728-6315 T0: 19702475104 P.S <br />SEP-0:-04 t1 21AM FRDM-White and S' s 3032863131 1-408 P 038lOd3 F-102 <br />puragrapl, B, page lAt. If Pathfinder is permihed to conrinue construction activities on tope of <br />and azound the penstock, including constnteting crossings o the penstock to accommodate the <br />t'elocation of the gravel pit haul road, Pathfinder would be wrongfully denying FERC its tight <br />and oUliga~ion to review and approve al] such activity within the area of the penstock. In <br />addition, without proper assurance that the construction plan adequately protects the penstock, <br />this 3D inch diameter high-pressure water pipe could be ntptured or suffer damage that threatens <br />its structural integrity and stability: <br />[FERC'sJ dam safety program is of critical importance. <br />Hydropower p:ojecc facilities must be safe and adequate at all <br />times, riot o»ly for the renewable-energy benefits these projects <br />provide, but more importantly for the protection of life a»d <br />property dowttstream. <br />Exhibit 1, p. 5, ¶10. <br />Tlie Supremacy Clause of the Constitution ensures that state or county officials -- or <br />private corporations -- may not interfere with federal rights. ANR Yingling v. Corooration <br />• Crnnmission of the State of Oklahoma 860 F.2d 1571, 1576 (10°i Cir. 1988). In the extant <br />action, the FL-RC Order preempts all County actions as well as those of P«iltfinder, <br />PSCo is prepared to show thot tl,e injury it will suf(`er, should the injunction not be <br />granted, outweighs any claimed injury which Pathfinder or the County can show. Such harm is <br />actual, irrepazable and imminent and will be proven at hearing and trial. <br />PSCo believes that the requested injunction would be in the interest of the public who <br />deserves assurance [hat FERC, a Congressionally-mandated federal agency may exercise its right <br />and responsibility to assure that PSCo's hydroelectric project is operated in a safe and efficient <br />= Sae also paragraph l6, yage 6 and paragraph 30, page t t of Exhibit 1. <br />4 <br />