Jerry,
I just spoke with Steve Burr (he had been in Kingman last two days dealing 
with county air issues and town council). He was unequivocal that we could 
not construct buildings and foundations because these are "activities ... of 
a permanent nature." This phrasing is from the definition of "begin actual 
construction" (ARS 49-401.01(5)), which is not allowed for modificastion of a 
major source until the permit is issued. In our discussion last week, Steve 
was suggesting that we could do this if we had a "minor" source, but Larry 
corrected our thinking, stating  that the equipment emits more than 250 tons 
per yr NOx, which is the threshhold between "major" and "minor" source.
Our strategy now is to make sure that everyone keeps to the schedule, as set 
forth in your Sept 28 letter to Nancy. It will be especially important to 
send the EPA materials to Prabhat (copy of cover letter to Nancy and Cathy, 
copy also me) as quickly as possible and then to make sure that the meetings 
scheduled for this Friday (Oct 5) occur; let me know if I can help bird-dog 
anything.
When Sara can get me more details about the Idaho "fast-track" policy, I will 
pass this on to Steve Burr to see if there is any interest in integrating 
some of these ideas for natural gas transmission lines, which is the shortage 
problem in Arizona (current glut is built/permitted/under construction 
generation facilities).
Van

>>> <Jerry.D.Martin@enron.com> 10/2/2001 8:14:58 PM >>>
Van, were you ever able to talk to Steve Burr to clarify the extent of
acceptable pre-permit construction activities?  I still know that I heard
from Nancy that we could build "anything that doesn't have emissions," and
I'm not ready to give up yet -- still trying to mitigate the late
acquisition of the permit.  And, they pay me to worry about things that can
go wrong in construction.

Thanks,
Jerry



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