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SEP-29-2004 11:51 FROM: BILL & JRNE JRNKE 1-970-728-6315 T0: 19702475104 P.6 <br />.EP.-02-Od 11 :2iAM FROM-White and Ste 3032963131 T-409 P 049/Od3 F-192 <br />manner. anther it is in the imerests of the citizens and residents of the County of San Miguel to <br />avoid ongoing costly and unnecessary litigation against its County goverrtmem which allowing <br />the corninuance of dtis construction activity will doubtless trigger. <br />P$Co reasonably believes that it will prevail on the merits of its i'erifrcd Gomplainr. The <br />Federal Power Ac[ grants the right to review and approve plans for construction activity within <br />the boundary of afederally-licensed project. .As such, the FERC Order pre-empts i.he actions of <br />the County and Pathfinder which are conaary thereto. These defendants cannot be permitted to <br />undermine the authority and con[rol of the federal agency which is charged by law with ensuring <br />the safe operation of hydropower project facilities in San Miguel Cowtty and tlvoughout the <br />United States. PSCo can and will meet its burden of showing that the three harm factors of <br />injtttrctivc relief tip the scale in its favor as required by Heldman v. South Salt Lake Citv, 348 <br />F.3d 1182, 1188.1189 (lU`i' Cir. 2003), PSCo respectfully requests that this Court enjoin ap <br />defendants from any farther action at the Tacoma-Ames Hydroelectric Project until FERC has <br />reviewed and approved such action or plan. <br />III. NOTICE HAS BEEN GIVLN~'O OPPOSING PARTIES <br />As required by this Court's Local kules, all adverse parties have beets given notice of this <br />Filing. PSCo is prepared to present evidence in suppon of its application for injunctive relief and <br />would request an immediate hearing to allow it so to do. <br />WHEREFORE, PSCo respectfully requests this Coun hold a hearing and enter 'an <br />immediate restraining order to be followed by preliminary and permanent injunctions restraining <br />each and every defendant from relocating the road and crossings or moving heavy construction <br />5 <br />