Message-ID: <33147873.1075851917026.JavaMail.evans@thyme> Date: Wed, 3 Oct 2001 04:55:00 -0700 (PDT) From: vwolf@swlaw.com To: jerry.d.martin@enron.com Subject: Re: Red Rock: Pre-Permit Construction Cc: arnold.l.eisenstein@enron.com, john.shafer@enron.com, larry.campbell@enron.com, louis.soldano@enron.com, william.kendrick@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: arnold.l.eisenstein@enron.com, john.shafer@enron.com, larry.campbell@enron.com, louis.soldano@enron.com, william.kendrick@enron.com X-From: "Van Wolf" X-To: X-cc: , , , , X-bcc: X-Folder: \Larry_Campbell_Nov2001_1\Notes Folders\Redrock mainline expansion X-Origin: CAMPBELL-L X-FileName: lcampbe.nsf 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 >>> 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 ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. (or any of its affiliates) and the intended recipient or any other party, and may not be relied on by anyone as the basis of a contract by estoppel or otherwise. Thank you. **********************************************************************