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- ROM :NATURAL 303 866 5128 1595106-27 13:00 #221 P.04/08 <br /> Cheryl A. Linden <br /> June 27, 1995 <br /> Page 3 <br /> "Allocation of. Funds" which sets forth the relative distributions <br /> to the DMG, Class 9 unsecured creditors, and the Environmental <br /> Account. <br /> Accounting by the DMG to the Trust <br /> Mr_ LaGiglia's April 26, 1995 report to the Creditors' <br /> Representatives states that at the April 4, 1995 meeting between <br /> Mr. LaGiglia and the DMG, the DMG "agreed to provide the Trustee <br /> with an accounting of reclamation funds received and used. ,, <br /> I believe that the Trust has a right to receive such an <br /> accounting, based on Section 4.3 .5 of the Chapter 11 Plan, which <br /> provides that if the DMG does not need all funds committed to it <br /> under the Plan to complete reclamation, such funds are to be <br /> distributed to other creditors. <br /> Please advise when the DMG will provide its accounting to <br /> Mr. LaGiglia for reclamation expenditures made to date. Our <br /> request is for an accounting through May 1995, with monthly <br /> accountings thereafter, particularly during the Summer reclamation <br /> season. <br /> MCR and Creditors' Trust Review of DMG Sid Packages <br /> Mr. LaGiglia' s April 26, 1995 report to the Creditors' <br /> Representatives also states that at the April 4, 1995 meeting <br /> between Mr. LaGiglia and the DMG, the DMG agreed "to allow Mid- <br /> Continent to sec bid packages prior to soliciting bids and welcomed <br /> input from Mid.-Continent. " _ <br /> To date, there has been no advance consultation between <br /> MCR and the DMG. MCR obtained copies of the DMG's current bid <br /> solicitations by requesting copies of the solicitations which had <br /> already been made available to prospective contractors. <br /> While I do not believe that the Chapter 11 Plan addresses <br /> whether the DMG must provide bid packages to MCR prior to <br /> solicitation, I think 'it is in the DMG's interesLs for this type of <br /> consultation to occur. The Creditors' Trust has at least one <br /> concern, and MCR has several concerns, regarding the DMG's bid <br /> solicitations. <br /> The Trust's concern is that Section 4 .3 .4 of the Chapter <br /> 11 Plan provides that "Funds received by the MLRB pursuant to <br /> Sections 4 .3 .1 and 4 .3 .2 of the Plan shall be expended by the MLRB <br /> pursuant to the Reclamation Plan . " Last Fall, the DMG put <br /> together a solicitation package that appeared to be contrary to the <br /> approved Reclamation Plan. Prior consultation with the Trust <br />