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C~ <br />-25- • <br />situation where I think you could draw some similar lines here. <br />Obernyer: You mean the Board could? Well, as far as your comments, I think <br />you could. The Board could, yes, after hearing what the situation <br />was. I would think that I would not be drawing any conclusions-- <br />that would be for the Board...I can briefly.... <br />Rindahl: That isn't what I asked, Lynn. I said comments. <br />obernyer: I can brief the Board on what happened on the Peabody situation. <br />We had the first time 120 really came to the previous Board's <br />attention was in a situation where Peabody came in with an appli- <br />cation for Seneca mine, and there was big confusion there because <br />there was a legal question as far as whether or not they had a <br />permit currently in effect. In that situation the Board never <br />really reached the position of making a finding. What happened <br />was that, Peabody agreed to shut down the Nucla mine which it had <br />currently been operating, and also on the day that the Seneca <br />permit--not the first day it was considered but the day that the <br />Board actually granted approval of that--brought in the application <br />for the Nucla permit. A hearing was established in relatively <br />short time thereafter. Peabody made presentations to the previous <br />Board that it was an emergency situation and they were doing <br />everything they could ,to come into compliance and that arguably they <br />had a permit currently in effect both on Seneca and Nucla, to which <br />the Board could grant permits. At that time the Board and the <br />parties involved agreed that this was an unusual emergency situ= <br />ation and there was a--the Board decided that it would grant the <br />