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_ ._. -- <br />~'` 02/06/2008 18:26 3032315360 <br />FEB, .6.2008 ~ ~:19PM USOI IBIA <br />,_, :s. <br />REG SOLICITOR DENVER PAGE 08/09 <br />NV. 6410 r, ~/ o <br />IBLA 2008-24 <br />others if it has disclosed its relationship with those other entices tv the extent <br />required by the applicable State program. Northern PIains Resowce Council v. OSM, <br />112 IBLA 266, Z71-72 (1990).' similarly, the fact that t3~ is owned lay <br />Westtnoxelatt~l does not make BRi ineligible fox a permit ox require that the permit be <br />txansferred to Westtuorelaad. Moreover, we note that BRI way awholly-awned <br />subisidiary of Entech at the time of permit issuance yet BRI, not Fmtech, was granted <br />the permit. <br />As rooted abav~e, OSM is rcgttired to determine whether the recpanse of DBMS <br />to the TDN is axbitrary, capricious, or as abuse o;E discretion umder the State program. <br />Scc 30 C.F,R. § 842.11(b) (1) (ii) (R) t2) , QSM concluded that it'was not; the Tatums <br />have not shown any error in that determination. 4SN!'s deeisioa is properly affirmed <br />as modified herein. <br />Therefore, pursuatat to the authozity delegated to the Board of Land Appeals <br />by the Secretatq of the Interior, 43 C.F.R § 4.1, the motion for expedited <br />consideration is granted, and the deasion appealed from is affirmed as modified. <br />The motion for stay is denied as moot. <br />Bruce R. Harris <br />Deputy Chief Administrative Judge <br />I concur: <br />H. Batty Holt <br />Chic!' Adtainis Judge <br />~PEARANCES: <br />~ The permit is that case was issued m Montco, a Montana general partnet;shtp <br />composed of two 50 percent partners that were corporatioas, Thermal Energy, Inc., <br />and Tongue River Resources, Inc. We have recognized chat a parent corporation and <br />subsidiary are separate entities that can do business Bch one aaothex, even if not at <br />arm's length.. E.g., ASAItt:,O, IttG, 152 IBLA 20, z6 (2000). <br />7 <br />