Laserfiche WebLink
ANN TATUM <br />Apri14, 2007 <br />129 NORTFI CUMMERCIAL STREET <br />TRINI]VAll,.t:ULORAJ)4 81082 ... <br />Fhone: 719 846-0149 Fos: 719 845-0><:59 <br />Mr. Dave Berry <br />Division o#' Reclamation, Mining & Safety <br />1313 Sherman Sweet, Room 215 <br />Denver, Culurado 8D203 <br />Facsimile (303) 832 8106 <br />Ms. Cheryl Linden Facsimile (303) 566-5691 <br />Office of the Attorney Creneral <br />1525 Sherman Street, 5`~ Floor <br />Denver, Colorado 80203 <br />RE: Westmoreland Coal Company: Request for Ownership Determination <br />Appcran~e by Telephone April 11`" <br />Ms. Linden and Mr. Berry: <br />Per my letter of April 2, 2007 you were advised that the hearing scheduled for <br />April 11-12c' would constitute a problem for me as our daughter had. a bone marrow <br />transplant and I will be taking care of her in Austin Texas for a few weeks, If Jim and I <br />can appear by telephone On April l ls' ,Jim will be in Trinidad, T dl be in Austin, we <br />can proceed with the hearing. Jim has previously scheduled depost~'ons with an out-of- <br />state deponent on April 12s' and would Le unavailable by telepho~. Please advise. I <br />would provide an exhibit book for Ms. Linden, Mr. Bianco and the Board if we aze to <br />proceed by telephone- <br />I believe that it is critical for DBMS to update and correct the definition of the <br />Westmoreland entity that is currently recorded with the Applicant 'Viglator System. <br />Presently, DBMS reports that Wea~tmoreland Coal Company is a "shareholder" of Basin <br />Acsources, Inc. CX"R 30 §701.5 defines Control or controller, when used iia parts 773, <br />774, and 778 and § 843.21 to mean (S) "Any other person who has the ability, alone <br />or im concert with others, to deterv-iue, indirectly or directly, the manner in which <br />a surface coal mining operation is conducted. Examples a£ persons who may, but <br />do not necessarily meet this criterion include (i) The president, as officer, a director, <br />or an agent of the entity;.(iv) Any entity with officers or directorsrn common with <br />another entity, depending upon the extent of overlap; (vi) A person who contributes <br />capital or other working resources under conditions that allpw that person to <br />substantially influence the manner in which a surface coal mining operation is nr <br />will be conducted. Relevant contributions of capital or working resources include, <br />Z0 3~Jtld Wflltll WIf 65S09b86tL 95~tt L00L/b0/b0 <br />